A conditional use is a use that is permitted in a particular zoning
district only upon a showing that such use in the specific location
will comply with the conditions and standards for the location or
operation of such use set forth below, and upon the issuance of an
authorization therefor by the Planning Board.
Prior to the issuance of a zoning permit, building permit, or certificate
of occupancy for any conditional use as permitted by this article,
application shall be made to the Planning Board. The Planning Board
shall grant or deny the application within 95 days of the certification
of a complete application by an applicant to the administrative officer
of the Planning Board or within such further time as may be consented
to by the applicant.
The Planning Board's review of a conditionally permitted use
shall include any required site plan or subdivision review pursuant
to this chapter. The Planning Board has jurisdiction to grant "C"
variances from requirements generally applicable to the zone but may
not grant variances from conditions solely applicable to the conditional
use.
The facility shall meet the requirements for licensure by the Cannabis
Regulatory Commission and the requirements of Ordinance No. 5-2024
adopting a chapter for "Cannabis Licensing, Registration and Business
Regulations."[1]
The following minimum separation distances shall be provided such
that no public entrance to a cannabis retail store may be located
any closer than the following specified distances from the specified
land use:
The parking area serving the site shall be paved in accordance with
Borough standards and shall be separated from the right-of-way by
a landscaped area a minimum of 10 feet wide.
The applicant shall submit an odor control and mitigation plan to
control, neutralize, or eliminate odors from cannabis products and
ensure that any odors generated inside the facility are not detectable
outside the facility.