ORDINANCE NO. 1416
ARNOLD KOROTKIN
ORDINANCE NO. 1416
ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF LITTLE FALLS IN THE COUNTY OF PASSAIC, STATE OF NEW JERSEY, AMENDING THE TOWNSHIP CODE CHAPTER 280 ENTITLED ZONING TO ESTABLISH ARTICLE XIV-A SPECIAL COMMERCIAL DISTRICT
WHEREAS, the Township of Little Falls (“Township”) is a public body corporate and politic of the State of New Jersey; and
WHEREAS, the Township’s Code of General Ordinances (“Code”) currently provide for the regulation of development throughout the Township; and
WHEREAS, the municipal council (“Municipal Council”) of the Township has determined to amend Chapter 280 to establish a Special Commercial Zone in the Township of Little Falls; and
WHEREAS, it has been determined that the special commercial zone (Designated SC) shall be established from the existing Industrial zone located on the west side of Paterson Avenue between the existing TV-CBD zone and Route 46, which was previously designated LI on the zoning map.; and
WHEREAS, the principal permitted uses as follows will apply to the SC zone; ARTICLE XIV-A
Special Commercial District
§ 280-105-A. Principal permitted uses.
Principal permitted uses in the Industrial I District are as set forth in the Schedule of Use, Area and Bulk Regulations included at the end of this chapter.
§ 280-105-B. Buffers with residential districts.
Where an industrial district abuts a residential district, there shall be provided along any rear, side or front line coincidental with any industrial-residential boundary a buffer strip not less than 40 feet in width as measured at right angles to the lot line. Plant materials at least six feet in height of such variety and growth habits so as to provide a year-round, effective visual screen when viewed from the residence district shall be planted within the exterior 25 feet abutting the residence district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip between the residence district and the required planting screen shall be attractively maintained. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to the parking of vehicles.
§ 280-105-C. Off-street parking.
A. There shall be a minimum of one parking space for each 300 square feet of fl space except where a structure is used solely for warehousing, in which case there shall be a minimum of one parking space for every one employee.
Each parking space, including the aisle area, shall consist of a minimum of 300 square feet.
The aforesaid parking facilities shall be off public streets and shall be
designated on the plans submitted for site plan approval. If such parking area is outdoors, the parking area shall be fully paved with asphalt or concrete.
No parking area shall be used for any purpose other than the parking of automobiles or other vehicles.
No parking area shall be located within fi feet of the side or rear property lines nor in the required front yard.
§ 280-101 § 280-104
§ 280-105-D. Off-street loading facilities.
Off-street loading and unloading facilities shall be provided for each establishment. No loading docks shall be permitted on any street frontage, and provision for handling of all freight shall be on the side or rear of all buildings.
§ 280-105-E. Construction and alteration of buildings.
All structures shall be of masonry construction or its equivalent, and the entire exterior thereof shall be fi with brick, stone, or such other material as may be approved by the Planning Board.
§ 280-105-F. Maintenance of plot; storage.
No waste material shall be dumped upon or be permitted to remain upon any part of the plot outside of the building constructed thereon. No plot area between the building setback line and the street shall be used for either temporary or permanent display or storage of materials or equipment. Such area shall be maintained as lawns and landscaping with the necessary walks and driveways. Finished products or semifinished products may be stored outside of the building on the rear part of the plot, provided that such storage space is screened by fences, walls, or planting from public view and confined within the setback lines provided for in this section.
§ 280-105-G. Review and approval.
No building shall be constructed, altered or located in this district unless it has been reviewed and approved by the Planning Board as to plot plan, site plan, building plan and specifications and such other requirements as set forth herein and in other applicable ordinances, laws, rules and regulations.
The Planning Board shall give due consideration to the following:
(1) Trafficaccessandcirculation.
(2) Disposition of open space, particularly where adjacent to any residential district.
(3) Landscaping,asrequiredbytheShadeTreeCommission.
In addition to all other requirements, the Planning Board shall assure satisfactory and harmonious relations between the intended uses and the existing and prospective development of contiguous lands and adjacent neighborhoods. The Planning Board shall review the design and type of construction of the
§ 280-104 § 280-105
proposed buildings in relation to its district and immediate neighborhood; and where it is deemed that the design or construction is so similar or dissimilar to adjacent or neighborhood buildings so as to be incongruous with the character of surrounding development or seriously detrimental to other properties, or to involve exceptional risks of public health or safety, site plan approval shall be denied.
§ 280-105-H. Performance standards.
Before any building permit is issued for a use in an Industrial District, satisfactory evidence shall be presented with the application that the proposed use shall conform to the following performance standards:
Vibration. No vibration shall be discernible at the zoning lot lines or beyond.
Smoke. There shall be no emission of visible gray smoke of a shade equal to or
darker than No. 1 on the Ringelmann Chart.
Odors. No offensive odor shall be noticeable at the zoning lot line or beyond.
Fly ash, dust. There shall be no emission which can cause any damage to health, animals or vegetables or other forms of property or any excessive soiling.
Glare. No direct or sky-reflected glare shall be visible at the zoning lot line or beyond.
Liquid or solid wastes. There shall be no discharge into any disposal system, public or private, or streams, or into the ground of any materials of such nature or temperature as can contaminate any water supply, including groundwater supply.
Radioactivity. There shall be no activities that emit dangerous radioactivity at any point, as covered by federal government standards.
Noise. There shall be no continuous hum, intermittent noise or noise with any noticeable shrillness of a volume of more than 50 decibels, measured at zoning lot lines.
Fire and explosion hazard. There shall be no process or storage of material in such manner as to create undue hazard by reason of fire or explosion.
Schedule of Use, Area and Bulk Regulations
Principal Permitted Uses with Site Plan Approval:
Research laboratory and accessory offices (1)
Business, industrial or governmental offices
Public utility substations or pumping stations in accordance with 280-122
Publishing houses
Manufacturing by distillation, fabrication, assembling or other handling of products (2) Warehousing, except highly combustible and explosive matter and self-storage or mini storage facilities (3)
Business signs complying with Article XX
Notes:
(1) Provided that such laboratory does not require heavy machinery for testing and provided that there shall be no disagreeable odors, harmful gases or noise greater than permitted in 280-105
(2) Such use, including storage of material or equipment, must be conducted entirely within a fully enclosed building, must not constitute a fire, explosion or physical hazard, and smoke, gas, dust odors or any other atmospheric pollution cannot exceed, at any point on or above the lot outside the buildings, permissible amounts.
(3) The matter stored therein shall not give rise to noxious odors nor shall it otherwise be deleterious to health, safety and welfare of the occupants of the building and to the public.,
Accessory Uses:
Processing and assembly accessory to a permitted use with Site Plan Approval: .
Customarily incidental to principal permitted use.
Minimum Lot:
Area-(Sq. Ft) 20,000 Width-(ft.) 100 Depth-(ft.) 100
Minimum Required Yards:
Front-(ft.)
One Side-(ft.) Total Side-(ft.) Rear-(ft.)
25 20 40 10
Maximum Building Height-(ft.)
2 stories or 30 ft. Buffer to Residential-(ft.) 40
Max percentage Building Coverage- 40% Conditional Uses with Site Plan Approval:
Establishments duly licensed by the State of New Jersey as follows:
These uses are permitted as a conditional use subject to the approval by the Planning Board of a conditional use application and subject to the regulations included in the Schedule of Use, Area and Bulk Regulations included at the end of this chapter and the following conditions and limitations: Class 1 Cannabis Grower License – grows, cultivates, or produces cannabis in this State, and sells, and may transport, this cannabis to other cannabis growers, cannabis processors, cannabis wholesalers, or cannabis retailers, but not to consumers. A cannabis grower may also be referred to as a “cannabis cultivation facility.” Class 2 Cannabis Processor License – processes cannabis items in this State by purchasing or otherwise obtaining cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis processors, cannabis wholesalers, or |
cannabis retailers, but not to consumers. A cannabis processor may also be referred to as a “cannabis product manufacturing facility.” Class 3 Cannabis Wholesaler License – purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either to another cannabis wholesaler or to a cannabis retailer, but not to consumers. Class 4 Cannabis Distributor License – transports cannabis items in bulk intrastate, from one licensed cannabis establishment to another licensed cannabis establishment and may engage in the temporary storage of cannabis items as necessary to carry out transportation activities, but not to consumers. Class 6 Cannabis Delivery License – provides courier services for a cannabis retailer in order to make deliveries of cannabis items and related supplies to a consumer; are permitted as a conditional use subject to the approval by the Planning Board of a conditional use application and subject to the regulations included in the Schedule of Use, Area and Bulk Regulations included at the end of this chapter in the SC Zone and the following conditions and limitations: |
Class 5 Cannabis Retailer License are specifically prohibited in the SC District.
(1) There shall be no exterior display of Cannabis, Marijuana, Weed or Pot or any other terms which refer to Cannabis or Marijuana: such as, 420, but not limited to, or the effects of Cannabis or Marijuana: such as High or Stoned, but not limited to, or Cannabis or Marijuana paraphernalia: such as, Joint or Bong, but not limited to, in any form or signage which can be viewed either on the exterior of the building or through the windows of the building. On that portion of the lot which is to the rear of the rear building line there will be a six-foot-high fence erected which will be visually no less than 50% clear, which shall be placed on the property line.
(2) All deliveries related to Cannabis and related products will be made through the rear entrance of the building.
(3) For businesses establishments duly licensed by the State of New Jersey for Cannabis as defined above there shall be one parking space for every 100 square feet of interior building area.
(4) For businesses establishments duly licensed by the State of New Jersey for Cannabis as defined
above it is required to install special electrostatic devices which will be designed to eliminate fumes from this product leaking into the atmosphere outside the building.
(5) In all Zones in the Township consumption of Cannabis in any form and smoking of Cannabis and use of its related items is strictly prohibited indoors and outdoors on public property, the operation of a Café for the purpose of consuming Cannabis and its related products in any form in compliance with New Jersey Statutes and regulations is prohibited.
(6) Within the SC District no establishments duly licensed by the State of New Jersey for Cannabis as defined above shall be located closer than 500 feet from a similar establishment. Additionally, no establishments duly licensed by the State of New Jersey for Cannabis as defined above shall be located closer than 1,000 feet from any school building.
This ordinance shall be sent to the Planning Board for their review and comments prior to the final adoption by the Governing Body.
A copy of this Ordinance shall be available for public inspection at the offices of the Township Clerk.
This Ordinance shall take effect upon its final passage by the Municipal Council, and approval by the Mayor and publication as required by law.
PASSED: ___________________________
ATTEST:
__________________________________ Cynthia Kraus, Municipal Clerk
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APPROVE:
___________________________________ James Belford Damiano, Mayor