Belleville City Zoning Code
§ 23-7.22
Conditional Uses.
[Ord. No. 3134; amended 8-17-2021 by Ord. No. 3627]
a.
General. The Planning Board shall not approve of a conditional use unless that it finds that the use meets all of the requirements of this section.
b.
Requirements for designated conditional uses.
1.
Cannabis Retailers. Cannabis Retailers are permitted conditional uses in the BG Commercial Residential Mixed-Use Zone District, BB-1 Zoning District, BB-2 Zoning District and the R-DV Redevelopment Zoning Districts in existence the day this section goes into effect., however, a total of four Cannabis Retailers shall be permitted throughout the Township. No variance shall be granted permitting any greater number of Cannabis Retailers. Any such increase must be by an amending ordinance. Deviations from the conditional use standards set forth in paragraph (c) below, shall require variances pursuant to N.J.S.A. 40:55D-70(d)(3).
(a)
All Cannabis Establishments, Cannabis Distributors and Cannabis Delivery Services shall be subject to site plan review prior to offering personal use cannabis sales. Submitted plans shall depict loading areas, floor plans, building elevations, signage, and landscaping.
(b)
Cannabis Retailers shall be permitted in the BG, BB-1 and BB-2, and current R-DV Zones, subject to the numerical limitations set forth in this section, and provided any such business conforms with the following standards:
(1)
No Cannabis Retailer shall be located within 500 feet of a daycare facility (child), preschool facility, or school (limited to public and private).
(2)
No Cannabis Retailer shall be located within 1,000 feet of another cannabis retailer. Notwithstanding this restriction, the Municipal Council of the Township of Belleville waive the above-mentioned prohibition upon the filing by the applicant of an appeal to the Council by filing an affidavit setting forth with particularity the reasons which the applicant believes warrant the relaxation of the said 1,000-foot distance requirement. Said affidavit form shall be sworn to by a notary public of New Jersey. The Municipal Council may request the applicant appear before it regarding said appeal.
(3)
Cannabis Consumption Areas as defined in the Act are prohibited, both indoors and outdoors.
(4)
Drive-thru services are prohibited.
(5)
Any site proposed for use by a Cannabis Retailer shall be subject to site plan review by the appropriate land use board prior to the commencement of cannabis sales for personal use, irrespective of the use of the property prior thereto.
2.
Cannabis Delivery Services. Cannabis Delivery Services are permitted in the BG Commercial Residential Mixed-Use Zone District and BB-1 Zoning District and BB-2 Zoning District provided any such business conforms with the following standards.
(a)
No Cannabis Delivery Service shall be located within 500 feet of a daycare facility (child), preschool facility, or school (limited to public and private).
(b)
No Cannabis Delivery Services shall be located within 1,000 feet of another cannabis delivery service.
(c)
Any site proposed for use by a cannabis delivery service shall be subject to site plan review by the appropriate land use board prior to the commencement of cannabis delivery, irrespective of the use of the property prior thereto.
3.
Cannabis Cultivator and Manufacturer. Cannabis Cultivators and Manufacturers shall be permitted in the BB-1 Zoning District and the BB-2 Zoning District provided any such business conforms with the following standards:
(a)
No Cannabis Cultivator or Manufacturer shall be located within 500 feet of a daycare facility (child), preschool facility, or school (limited to public and private).
(b)
No Cannabis Cultivator of Manufacturer shall be located within 1,000 feet of another cannabis cultivator of manufacturer.
(c)
Any site proposed for use by a Cannabis Cultivator or Manufacturer shall be subject to the site plan review by the appropriate land use board prior to the commencement of cannabis manufacturing or cultivating, irrespective of the use of the property prior thereto.
4.
Cannabis Wholesaler and Distributor. Cannabis Wholesalers and Distributors shall be permitted in BB-2 Zoning Districts.
(a)
All Cannabis Wholesalers and Distributors shall be subject to site plan review prior to operating as a wholesaler or distributor. Submitted plans shall depict loading areas, floor plans, building elevation, signage, and landscaping.
(b)
No Cannabis Wholesaler or Distributor shall be located within 500 feet of a daycare facility (child), preschool facility, or school (limited to public and private).
(c)
Any site proposed for use by a Cannabis Wholesaler or Distributor shall be subject to the site plan review by the appropriate land use board prior to the commencement of cannabis wholesaling or distributing, irrespective of the use of the property prior thereto.