[1980 Code § 128-83]
The regulations set forth in this Article or set forth elsewhere
in Part 3, Zoning, of this chapter and referred to in this Article
are the district regulations of the ROB Residence Office Building
District.
[1980 Code § 128-84.1; amended by Ord. No. 1348; Ord. No. 1976; 10-7-2021 by Ord. No. 2665; amended 6-15-2023 by Ord. No. 2729; 9-21-2023 by Ord. No. 2738]
A building or premises shall be used only for the following
purposes:
A. Any use permitted in the R-3 District, subject to all of the provisions of §
40-1902 and subject to
a prohibition of adding any office extension to a residence with continued residential use to that building or premises.
B. Buildings housing general business or professional offices, provided
that the following restrictions shall apply:
1. Banks and financial institutions—NAICS Group 5221.
2. Educational services—NAICS Group 61.
4. Institutional and public uses—NAICS Groups 71211, 8131 and
92.
5. Group houses for the developmentally disabled.
7. Professional, business and administrative offices—NAICS Groups
541, 6211, 6212 and 6213.
8. There shall be no store, showroom and salesroom where goods and merchandise
of any type whatsoever are either displayed or offered for sale, except
that restaurants, newsstands, cigar stores, drugstores and barbershops
are permitted, provided that there is no advertising sign, show window
or entrance to such place of business except from the inside of the
building.
C. Conditional
Uses.
A building or premises shall be used in the zone only if it
meets the following conditions:
[Added 6-15-2023 by Ord. No. 2729]
1. Cannabis Retailer (Class 5).
(a)
Conditional Use Standards.
(1)
Cannabis Businesses Establishments in the ROB Residence Office
Business Zone District (Cannabis Business Establishments") are limited
to persons or entities holding a Class 5 Cannabis Retail license ("licensee")
issued by the Cannabis Regulatory Commission, Department of Treasury,
State of New Jersey, and/or its successors (the "CRC").
(2)
There shall be no more than a total of one (1) Cannabis Business
Establishment within the ROB Zone.
(3)
Cannabis Business Establishments shall meet all requirements
for licensure and hold an appropriate Class 5 retail license issued
by the CRC.
(4)
There shall be no on-site sales of alcohol or tobacco products,
and no onsite consumption of food, alcohol, tobacco, or cannabis by
patrons.
(b)
General Standards for Cannabis Businesses.
(1)
No Cannabis Business Establishment will be allowed without approval
of a site plan, upon public notice, submitted to the Municipal Land
Use Board of the Borough of Roselle Park, who in their review and
in the exercise of their discretion shall consider the site, its neighborhood,
the health, safety and general welfare of the Borough and the properties
adjacent to or affected by the proposed use. Such a site plan shall
include no less than:
(i) A parking and traffic plan;
(ii) A Traffic Impact Statement;
(iv) Any other detail that the Municipal Land Use Board
requires to determine site plan approval.
(2)
Cannabis Businesses Establishments owned and operated by separate
licensees shall be separated by 4,000 feet within the Borough.
(3)
A Cannabis Business Establishment shall not be located within
1,500 feet of any school and 500 feet of the property line of any
existing church, childcare center, or any existing public park.
(4)
Minimum gross floor area (GFA) shall be 2,500 square feet.
(5)
Minimum off-street parking requirements shall be one space per
250 square feet of GFA or 35 spaces, whichever is greater.
(6)
Hours of public operation shall be limited to 9:00 a.m. through
9:30 p.m., Monday through Sunday.
(7)
The Cannabis Business Establishment shall comply with all setback
or distance requirements established by law and in effect in the zone
in which it is to be located as of the time of the licensee's
application.
(8)
Signage shall comply with all existing regulations but shall
not include language referring to "marijuana" or "cannabis" or use
any symbols that indicate such.
(c)
Design Standards for Cannabis Businesses.
(1)
The facility shall provide an air treatment system with sufficient
odor-absorbing ventilation and exhaust systems such that any odors
generated inside the facility are not detectable by a person of reasonable
sensitivity anywhere on adjacent property, within public rights-of-way,
or within any other unit located within the same building as the licensed
facility if the use only occupies a portion of a building. The ventilation
system may be subject to periodic inspection by the Borough of Roselle
Park Health Department and/or Building Department.
(2)
All Cannabis Business Establishment operations shall be conducted
within a building. No operations shall be conducted outside a secure
facility.
(3)
Each Cannabis Business Establishment shall submit a security
plan to the Borough Police Department for their review and approval
prior to issuance of a certificate of occupancy and every two (2)
years thereafter. Said security plan shall demonstrate how the facility
will maintain effective security and control of operations on a 24-hour
basis. The plan should include the following at minimum, but not limited
to:
(i) Type of security systems to be installed.
(ii) Installation, operation, and maintenance of security
cameras covering all interior and exterior parking lots, loading areas,
and other such areas of the establishment.
(iii) A system for record keeping and tracking of all
cannabis and cannabis related products and materials.
(iv) Type of lighting provided in and around the establishment.
(v) Details of any on-site security team or personnel
or armed guard(s) on the premises.
(4)
No outside storage of any cannabis, cannabis related products,
or cannabis related materials shall be permitted.
[1980 Code § 128-84.1; added by Ord. No. 1113; amended by Ord.
No. 1367; Ord. No. 1616; Ord. No. 1948; amended 6-15-2023 by Ord. No. 2729]
All uses not specifically referred to in §
40-2102 are prohibited, including but not limited to the following uses:
A. Automotive service stations except those established prior to the
effective date of this chapter.
B. Open-air parking stations for the sale or exchange of motor vehicles.
D. The dismantling or storage of dismantled automobiles or used parts
thereof except in conjunction with the use of the premises as an existing
auto body shop.
E. Hospitals, hospital-related businesses, hospital-related housing,
surgical centers, clinics, outpatient treatment centers or any other
business related thereto.
G. Class
1, Class 2, Class 3, Class 4 and Class 6 Cannabis Businesses as said
terms are defined in Section 3 of P.L. 2021, c.16, but not the delivery
of cannabis items and related supplies by a delivery service licensed
outside of the Borough.
[Added 7-15-2021 by Ord. No. 2660; amended 6-15-2023 by Ord. No. 2729]
[1980 Code § 128-87; Ord. No. 2392; amended 9-21-2023 by Ord. No. 2738]
A. The minimum off-street parking requirements for all buildings housing
general business or professional offices shall be one (1) parking
space per two hundred fifty (250) square feet of gross floor area.
B. Any landlord or tenant that wishes to occupy or rent any pre-existing
building in the ROB Zone for their business, and only if the use is
permitted and does not meet the Borough parking requirements, shall
have the aforementioned parking requirements waived. This does not
apply to new construction in the zone.