[Added 8-4-2021 by Ord. No. 15/21]
A.
Purpose.
(1)
To permit the establishment of one cannabis retailer establishment,
as defined herein, within the Town of West New York, through the mechanism
known as overlay zoning.
(2)
To establish appropriate controls for such establishment so
as to protect and promote public safety and quality of life for persons
residing and businesses existing in proximity to the establishment.
(3)
The CROZ shall be limited to those properties currently designated
C-R, Retail Service Commercial in Block 84, 94, 96, 98, 104, 107,
108, 109, and 112 also known as Bergenline Avenue, between 49th and
55th Street.
B.
Effect on underlying zoning.
(1)
As an overlay zone, the CROZ does not replace the existing,
or "underlying," zone(s).
(2)
Any person or entity that wishes to use or develop upon a property
within the CROZ shall have the option to use or develop the property
in accordance with the regulations of either the CROZ or the existing/underlying
zone.
C.
Conditional uses. Any use that is not specifically identified in
this subsection is prohibited in this zone.
(1)
Cannabis retail establishments fitting the Class 5 license category
under P.L. 2021, c. 16, also known as the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act" (the "Act").
D.
Conditions.
(1)
Any and all storage associated with the establishment, including
refuse and other solid wastes, shall be stored in a building in a
secure fashion.
(2)
Refuse and solid waste shall be collected off of the property
by a private hauler.
(4)
Shall not include any indoor or outdoor seating or assembly
areas for customers or the public, except for seating that may otherwise
be required for health, safety, or accessibility for persons with
disabilities.
(5)
Marijuana or cannabis consumption shall be prohibited on the
premises.
(6)
No retail cannabis or cannabis paraphernalia shall be displayed
in any storefront window.
(7)
The establishment shall not be engaged in growing (cultivating),
manufacturing, business to business distribution, wholesale, or delivery
to consumer operations from the facility.
(8)
If located in a multitenant or mixed-use building, no part of
the retail space where cannabis is stored shall be directly accessible
from any common area within the building such as common stairways
or hallways.
E.
Bulk, height, and setback requirements shall be the same as the requirements
for commercial retail and service uses in the underlying zoning.
F.
For the purpose of calculating parking in a manner consistent with § 414-25, the use shall have a parking requirement of one parking space per one square foot of gross floor area. A change of use shall not require parking.
G.
The establishment shall comply with the Act and with any regulations
established and enforced by the Cannabis Regulatory Commission of
New Jersey as well as any other lawful authority.
H.
Prohibited uses in all zone districts in the Town of West New York.
(1)
The following uses listed in Table 1 are not permitted, accessory
or conditional uses and are prohibited in all zone districts in the
Town of West New York. This list is not exhaustive of all uses that
are prohibited.
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Table 1
Uses Specifically Prohibited
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Cannabis establishments meeting one or more of the following
criteria:
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"Cannabis cultivator" as defined in § 414-11B, except in any zone or overlay zone where such use is specifically permitted.
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"Cannabis manufacturer" as defined in § 414-11B.
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"Cannabis wholesaler" as defined in § 414-11B.
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"Cannabis distributor" as defined in § 414-11B.
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"Cannabis retailer" as defined in § 414-11B, except in any zone or overlay zone where such use is specifically permitted.
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"Cannabis delivery service" as defined in § 414-11B.
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