These uses, as designated in the particular
zone districts, may be established only in accordance with the following
procedure and only after the following criteria are met.
Application for a conditional use shall be made to the Planning Board pursuant to the authority of N.J.S.A. 40:55D-67 (or to the Zoning Board of Adjustment, pursuant to the authority of N.J.S.A. 40:55D-76b). The application shall be made in accordance with the instructions of the Planning Board and shall be accompanied by a site plan prepared in accordance with the requirements of Chapter
244, Subdivision of Land and Site Plan Approval.
The applicant shall give notice pursuant to
the requirements of N.J.S.A. 40:55D-12, such notice setting forth
the date, time and place of the hearing and the nature of the matter
to be considered, pursuant to the authority of N.J.S.A. 40:55D-11
only after such date of the hearing shall have been fixed, after a
determination that the application is complete, in accordance with
the procedures of said Planning Board.
The Board shall not order, direct or authorize
the issuance of a permit for a conditional use unless it shall find
that such use:
A. Is a use permitted in the zone district.
B. Meets all the required conditions for said zone district
and, in addition thereto, complies with all of the conditions hereinafter
set forth for the specific conditional use listed.
C. Meets the requirements set forth for the particular
conditional use hereafter described.
[Added 8-9-2021 by Ord. No. 2021-15; amended 11-8-2021 by Ord. No. 2021-25; 8-8-2022 by Ord. No. 2022-08]
A. Cannabis businesses, as set forth below, shall be permitted as conditional
uses in certain zones. The purpose of this section is to set forth
the requirements and procedures applicable to permitting certain cannabis
businesses as conditional uses in accordance with N.J.S.A. 40:55D-67.
All cannabis businesses shall be required to obtain site plan and
conditional use approval, as set forth below, after obtaining state
licensure approval. Such uses may be permitted when authorized as
a conditional use by the Planning Board, including site plan approval
and (if necessary) a conditional use variance approval by the Zoning
Board pursuant to N.J.S.A. 40:55D-70(d)(3). Cannabis businesses shall
comply with additional requirements set forth herein. Nothing herein
shall prohibit the City from adopting a redevelopment plan permitting
any type of cannabis establishment in a designated redevelopment area.
B. The definitions for this section shall be the same as found in Chapter
139 of this Code.
C. Cannabis retailers: Class V.
(1)
Cannabis retailers shall be permitted as a conditional use in the following zones in accordance with this chapter. The permitted conditional uses within Article
IX, HC Highway Commercial Zone, as depicted on the Cannabis Overlay Zone Map shall add:
(2)
Cannabis retailers are permitted subject to the following conditions:
(a)
Adherence to the site design standards of the City Zoning Ordinances,
and through a review by the Zoning Official and the City Planning
Board, is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
Cannabis retailers shall not be located within a drug-free school
zone.
(e)
Retailers shall limit their hours of operation from 8:00 a.m.
to 10:00 p.m., Monday to Sunday, or as otherwise provided for within
a special use permit.
(f)
Cannabis retailers shall not be located within 500 feet of another
cannabis retailer within the City of Bordentown. The distance shall
be measured from door to door and shall be the most reasonable travel
distance by foot.
[Amended 3-11-2024 by Ord. No. 2024-02]
(g)
Executed local host agreement.
D. Alternative treatment centers, medical cannabis dispensaries, and
academic medical center.
(1)
Alternative treatment centers (ATC) and medical cannabis dispensaries shall be permitted as a conditional use in the following zones in accordance with this chapter. The permitted conditional uses within Article
IX, HC Highway Commercial Zone, as depicted on the Cannabis Overlay Zone Map, shall add:
(b)
Ocean Spray Redevelopment Area (OSRA) (Park Street frontage
only).
(2)
ATCs and medical cannabis dispensaries are permitted subject
to the following criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinances,
through a review by the Zoning Official and the City Planning Board,
is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
The retail component must front a public street.
(e)
ATCs/medical dispensaries shall not be located within a drug-free
school zone.
(f)
Medical dispensaries may only sell usable cannabis-related product
to individuals with an active MMP identification card or caregiver
identification card.
(g)
Medical dispensaries may not participate in adult-use (21 years
or older) sales unless specifically authorized and in compliance with
this chapter and outside a drug-free school zone.
(h)
Executed local host agreement.
E. Vertically integrated cannabis businesses.
(1)
Vertically integrated businesses proposing to relocate an existing license, or if the NJCRC begins reissuing such licenses, or an operator or multiple operators, under contract with one another, assemble cultivation and/or manufacturing, with retailing of cannabis within the same facility, they shall be permitted as a conditional use within the following zones in accordance with this chapter. In no event shall a vertically integrated property that dispenses cannabis be permitted two dispensary licenses without amendment to this chapter. The permitted conditional uses within Article
IX, HC Highway Commercial Zone, and the Ocean Spray Redevelopment Plan as depicted on the Cannabis Overlay Zone Map shall add:
(b)
Ocean Spray Redevelopment Area (OSRA).
(2)
Vertically integrated cannabis facilities are permitted subject
to the following criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinance
through a review by the Zoning Official, and the City Planning Board
when applicable, is required.
(b)
The property must have frontage along a major roadway, which,
for the purposes of this chapter shall mean any roadway that retail
is permitted to be located, e.g., Park Street, Route 130 and/or Route
206.
(c)
Issuance of Bordentown City cannabis business license.
(d)
Site plan approval is required.
(e) Vertically integrated cannabis facilities may not be located within
a drug-free school zone.
(f)
If proposing to assemble a vertical license within the HC Zone,
the operation shall first begin with the retail operation before being
able to co-locate with a cultivation and/or manufacturing license.
If proposing to assemble a vertical license with the OSRA, the operation
shall first begin with the cultivation and/or manufacturing license
before being able to co-locate the retail license. In both cases,
the area of the proposed premises utilized for cultivation and/or
manufacturing shall be both screened by the retail operation and physically
separated from the area of the premises utilized for the sales of
cannabis that is open to the public or to patients. Walls, barriers,
locks, signage, and other means shall be employed to prevent the public
or patients from entering the area of the premises utilized for cultivation
of medical cannabis.
(g)
Unusual odors, smells, fragrances, or other olfactory stimulants
shall be prohibited. Odor mitigation filtration systems must be installed
and maintained in perfect working order.
(h)
Light pollution, glare or brightness resulting from glow lamps
must be 0.5 candle or less at the property line.
(i)
Noise beyond the decibel level permitted by City noise ordinances
shall be prohibited.
(j)
Executed local host agreement.
F. Cannabis cultivators, manufacturers, academic medical center, delivery,
cannabis testing lab, and cannabis training facility.
(1)
These facilities shall be permitted as conditional uses in the following zones in accordance with this chapter. The permitted conditional uses within Article
X, CI Commercial Industrial Zone, as depicted on the Cannabis Overlay Zone Map, shall add:
(a)
Commercial Industrial (CI).
(b)
Ocean Spray Redevelopment Area (OSRA).
(2)
Such facilities shall be permitted subject to the following
criteria:
(a)
Adherence to the site design standards of the City Zoning Ordinances
through a review by the Zoning Official, and the City Planning Board,
is required.
(b)
Issuance of Bordentown City cannabis business license.
(c)
Site plan approval is required.
(d)
No such facility shall be located in a drug-free school zone.
(e)
Secured in accordance with all applicable provisions as defined
in the Act and outlined below.
(f)
No signage, other than directional or discrete building identification, shall be permitted. Signage shall
remain innocuous, and part of the general directional signage typically
found in industrial manufacturing facilities. Facade signs will be
limited to those at the point of entry to the facility and may not
be more than six square feet.
(g)
Unusual odors, smells, fragrances, or other olfactory stimulants
shall be prohibited. Odor-mitigation filtration systems must be installed
and maintained in perfect working order.
(h)
Light pollution, glare or brightness resulting from glow lamps
must be 0.5 candle or less at the property line.
(i)
Noise beyond the decibel level permitted by City noise ordinances
shall be prohibited.
(j)
Executed local host agreement.
G. Cannabis delivery service. Nothing herein shall prohibit the delivery
of cannabis within the City to consumers by a properly licensed cannabis
delivery service.
H. Microbusinesses. Microbusinesses are permitted as conditional uses
within any area where cannabis businesses are permitted within the
City according to their use category (i.e., dispensary, cultivation,
or manufacturing). A microbusiness may also be located on the same
premises as a nonmicrolicensee as long as training, or a business
incubator or mentorship program, is being conducted. Certified copies
of such agreements between entities shall be required.
I. Additional requirements applicable to all cannabis businesses.
(1)
Samples of cannabis products offered for sale may be displayed
on shelves, counters, and display cases. All bulk cannabis products
shall be locked within a separate vault or safe, with no other items
in the safe, securely fastened to a wall or floor, as coordinated
with the Bordentown City Police Department, and allowable under permitting
authority regulations and state legislation.
(2)
Signage.
(a)
External signage, including window signage, must be limited
to text identifying the business and the logo for the business, provided
that said logo does not include a cannabis plant leaf and/or outward
glorification of cannabis consumption, where applicable.
(b)
All other City sign regulations must be complied with.
(3)
Outside generators and other mechanical equipment used for any
kind of power supply, cooling or ventilation shall be enclosed and
have appropriate baffles, mufflers, and/or other noise-reduction systems
to mitigate noise pollution.
(4)
Parking shall adhere to Ch.
300, Article
XV, Off-Street Parking and Loading, in addition to §
244-58, Off-street parking regulations, Subsection
B, Parking schedule, accordingly.
(a)
Parking for retailers shall be provided for as a commercial,
retail and service establishment.
(b)
Parking for cultivation, manufacturing, distribution, and wholesale
facilities shall be provided for as an industrial use.
(5)
In the event of a conflict between the City bulk standards and
the Act or the permitting authority's regulations, the City shall
consider the pertinent statute or regulation as justification of any
variance and/or design waiver.