[Ord. No. 17-89, § 5.0]
Conditional uses are those uses, structures or facilities:
a. Having a unique location or operation requirements.
b. Of a temporary or seasonal nature.
c. Having uses that directly serve a demonstrated public need.
d. Not specified as a "permitted use" in any zone.
e. The future location can not be predetermined by the usual zoning
district method.
The Planning Board may, after public notice and hearing, grant
a Conditional Use Permit to any of the following uses, in any zone
from which they are prohibited, unless otherwise specified.
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The granting of a Conditional Use Permit shall be subject to
an approved site plan and any conditions or safeguards the Planning
Board deems necessary to protect the adjacent property owners or neighborhood.
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[Ord. No. 17-89, § 5.1; Ord. No. 2088-17; readopted 4-5-2022 by Ord. No. 2022-06]
a. Any County, State or Federal governmental structure, building, use
or facility.
b. Public utility structures, building or facilities.
d. Conditional Use Requirements for the Retail Sales of Cannabis:
[Added 7-13-2021 by Ord. No. 2021-07]
1. Only two retail cannabis establishments shall be licensed and located
within the Borough;
(a)
One store shall be located north of the dividing line and the
other store shall be located south of the dividing line;
(b)
The north/south dividing line shall be Walker Street.
2. Under no circumstances shall a Class 5 Retail Cannabis Establishment
be located:
[Amended 3-20-2023 by Ord. No. 2023-05]
(a)
In a Residential Zone; or
(b)
Within eight hundred and fifty (850) feet from any public or
private school, library, municipal complex or property, or house of
worship; or
(c)
Within eight hundred and fifty (850) feet from any residential
property, excepting if the proposed parcel is located in a commercial
zone, which is adjacent to a Residential Zone.
3. All retail business signs shall comply with municipal ordinances.
4. All storefront windows are to be heavily tinted or blacked out.
5. Hours of operation: It shall be unlawful for any person to sell retail
cannabis products at a licensed cannabis retail sales establishment
within the Borough of Cliffside Park at any time other than between
the hours of 10:00 a.m. and 9:00 p.m. daily.
6. No cannabis retail sales establishment shall be allowed as a home
occupation as defined in municipal ordinances.
7. No cannabis retail sales establishment shall be housed in a vehicle
or any movable or mobile structure. This does not prohibit the delivery
of cannabis items and related supplies by a regulated delivery service.
8. A cannabis retail sales establishment shall only be located on the
ground floor (i.e., street level of any building in which it has been
approved to be located). All cannabis retail sales establishments
shall be accessible directly from the right-of-way through a separate
entrance, independent from any other retail or residential ingress
to the building. Only a secured, one-way emergency exit from the establishment
may be integrated with common egress.
9. The retail sales establishment shall comply with all setback or distance
requirements established by the municipality and in effect at the
time of application.
10. No retail cannabis products shall be visible from a public sidewalk,
public street or right-of-way, or any other public place. All retail
cannabis shall be stored indoors and on-site.
11. Consumption of cannabis retail sales including smoking, taking of
edibles, or by any other means of ingestion shall be not permitted
on the exterior adjacent ground of a cannabis retail sales establishment
unless authorized by state authorities in accordance with N.J.S.A.
24:61-21, N.J.S.A. 24:61-42, § 36-4B.
12. All cannabis retail sales establishments shall have equipment to
mitigate cannabis-related odor. The building shall be equipped with
a ventilation system with carbon filters sufficient in type and capacity
to eliminate cannabis odors emanating from the interior of the premises.
The carbon filters are required to be replaced regularly for the best
effectiveness to mitigate odor. The ventilation system must be approved
by the Borough of Cliffside Park Building and Health Departments.
13. All facilities associated with Cannabis Retail Sales shall be secured
and shall have full-time security protocols. Security protocols shall
be submitted to Cliffside Park Police Department for compliance review
with all safety and security standards established by the State of
New Jersey for Cannabis Retail Sales Establishments. The Cliffside
Park Police Department may, at its discretion und upon review of the
proposed location, recommend and/or require additional safety and
security measures. At minimum, the following shall apply:
(a)
A video recording security system shall be employed covering
all areas of the cannabis retail sales establishment and the adjacent
exterior of the building with a 24/7 recording system that records
for a minimum thirty-day archive.
(b)
The premises and right-of-way adjacent to the cannabis retail
sales establishment shall be monitored by staff of the cannabis retail
sales establishment and kept free of loitering, litter and other debris,
and the sidewalks shall be swept and cleaned on a regular basis.
14. Any violation of the provisions of this subsection or the conditions
of the zoning permit granted, inclusive of any agreements or conditions
imposed by the municipality, as the case may be, shall be punishable
by a civil fine; the minimum fine shall be $1,000, and the maximum
fine shall be $2,500. Each day that a violation is committed, exists
or continues shall be deemed a separate and distinct offense. In addition,
ongoing or repeat offenses, defined as two or more convicted offenses,
may result in suspension of the certificate of occupancy for a period
to be determined by the Municipal Magistrate after due proess, but
in any event not more than 30 days per each convicted offense. All
violations shall be reported to the N.J. Cannabis Regulatory Commission
or designated state authority.
15. It for any reason, a location occupied by any cannabis retail sales
establishment becomes inactive or unoccupied by the approved operator
for an uninterrupted period of six months or more, the conditional
use approval for said premises may be recorded and the Zoning Officer
shall issue a notice of abandonment to the operator and to the owner
of the property. Any subsequent application for use or occupancy of
the premises as a cannabis retail sales establishment, including reoccupation
by the previous operator, shall be referred to the Building Department
and the land use board of jurisdiction as a new application.
e. Hospitals, institutions, colleges, academies and private or parochial
schools including related dormitories, athletic fields, administrative
offices, recreational and parking facilities.
f. Any extraction of sand, gravel, topsoil or rock.
g. Radio or television transmission towers or broadcasting stations.
h. Private or semi-public parks and recreation areas.
i. Parking lot, entrance or exit in a residential zone where the proposed
facility is within two hundred (200) feet of the primary appurtenant
use.
k. Fairs, carnivals, circus and similar activities of a temporary or
seasonal nature.
[Ord. No. 17-89, § 5.2]
In reviewing the application for a Conditional Use Permit, the
Board shall determine that:
a. The proposed use may properly be classified as a "conditional use" in accord with Subsections
18-5.1 and
18-5.2.
b. The proposed use, with appropriate safeguards and conditions, will
not adversely affect the adopted Land Use Element or Zoning Ordinance.
c. The proposed use, with appropriate safeguards and conditions, will
not adversely affect the public health, safety or general welfare
of the community for reasons of use, traffic, location, size, type
of operation, hours of operation, exterior appearance of any use,
building or structure.
d. Adequate lot size, setbacks, parking, loading, utility facilities,
vehicular entrances, exits, circulation, screening, buffers, lighting,
signs, landscaping and site improvements shall be required to protect
the immediate neighborhood.
e. Any proposed use, building or structure shall meet all other zoning
requirements of the zone in which it is located, unless specifically
shown or noted on the site plan or related conditions approved by
the Planning Board.
[Ord. No. 17-89, § 5.4]
Any authorized Conditional Use Permit shall be subject to revocation
by the Board if any conditions or safeguards imposed by the Board
upon buildings, structures, land, or uses for said permit are not
strictly adhered to by the applicant and/or owner. Before the Board
shall revoke its authorization, the Board shall hold a public hearing
and require the applicant to serve notice in accordance with the Municipal
Land Use Act, thus affording the application and/or owner and/or occupants
either residing within the area or the community the opportunity to
be heard.
[Ord. No. 17-89, § 5.5]
Applications for a Conditional Use Permit amendment or revisions
which are necessitated by site conditions or are deemed to be in the
public interest shall be made in the same manner as the original application;
except those changes which are not found to be of a substantial nature
or which do not materially alter the Conditional Use Permit. The Municipal
Building Department shall determine whether or not a "change" is to
be classified as either "minor" or of a "substantial nature."
[Ord. No. 17-89, § 5.6]
Any Conditional Use Permit approved by the Board shall be put
into effect or work commenced within one (1) year after the date of
approval, or said approval shall be null and void.
[Ord. No. 3-2002, § B; Ord. No. 2008-17]
b. Schools, Governmental Uses, Places of Public Assembly and/or Auditoriums
- Bulk Standards.
1. Minimum lot size: 10,000 square feet
2. Minimum lot width: 100 feet
3. Minimum lot depth: 100 feet
4. Minimum front yard: 20 feet
5. Minimum side yards: 10 feet (one)/20 feet (both)
6. Minimum rear yard: 10 feet
7. Maximum building height: 3 1/2 stories and 35 feet
8. Maximum building coverage: 50%
9. Maximum lot coverage: 80%
[Added 7-13-2021 by Ord. No. 2021-07; readopted 4-5-2022 by Ord. No. 2022-06]
a. Any pre-existing
Retail Commercial Store having an area of not less than 2,000 square
feet of net leasable space.