Cliffside Park City Zoning Code
ARTICLE V
Conditional Uses and Regulations
§ 18-5.1 Definition; Conditions.
[Ord. No. 17-89, § 5.0]
Conditional uses are those uses, structures or facilities:
a.
Having a unique location or operation requirements.
b.
Of a temporary or seasonal nature.
c.
Having uses that directly serve a demonstrated public need.
d.
Not specified as a "permitted use" in any zone.
e.
The future location can not be predetermined by the usual zoning district method.
The Planning Board may, after public notice and hearing, grant a Conditional Use Permit to any of the following uses, in any zone from which they are prohibited, unless otherwise specified. |
The granting of a Conditional Use Permit shall be subject to an approved site plan and any conditions or safeguards the Planning Board deems necessary to protect the adjacent property owners or neighborhood. |
§ 18-5.2 Conditional Uses Enumerated.
[Ord. No. 17-89, § 5.1; Ord. No. 2088-17; readopted 4-5-2022 by Ord. No. 2022-06]
a.
Any County, State or Federal governmental structure, building, use or facility.
b.
Public utility structures, building or facilities.
c.
Aircraft landing areas.
d.
Conditional Use Requirements for the Retail Sales of Cannabis:
[Added 7-13-2021 by Ord. No. 2021-07]
2.
Under no circumstances shall a Class 5 Retail Cannabis Establishment be located:
[Amended 3-20-2023 by Ord. No. 2023-05]
(a)
In a Residential Zone; or
(b)
Within eight hundred and fifty (850) feet from any public or private school, library, municipal complex or property, or house of worship; or
(c)
Within eight hundred and fifty (850) feet from any residential property, excepting if the proposed parcel is located in a commercial zone, which is adjacent to a Residential Zone.
3.
All retail business signs shall comply with municipal ordinances.
4.
All storefront windows are to be heavily tinted or blacked out.
5.
Hours of operation: It shall be unlawful for any person to sell retail cannabis products at a licensed cannabis retail sales establishment within the Borough of Cliffside Park at any time other than between the hours of 10:00 a.m. and 9:00 p.m. daily.
6.
No cannabis retail sales establishment shall be allowed as a home occupation as defined in municipal ordinances.
7.
No cannabis retail sales establishment shall be housed in a vehicle or any movable or mobile structure. This does not prohibit the delivery of cannabis items and related supplies by a regulated delivery service.
8.
A cannabis retail sales establishment shall only be located on the ground floor (i.e., street level of any building in which it has been approved to be located). All cannabis retail sales establishments shall be accessible directly from the right-of-way through a separate entrance, independent from any other retail or residential ingress to the building. Only a secured, one-way emergency exit from the establishment may be integrated with common egress.
9.
The retail sales establishment shall comply with all setback or distance requirements established by the municipality and in effect at the time of application.
10.
No retail cannabis products shall be visible from a public sidewalk, public street or right-of-way, or any other public place. All retail cannabis shall be stored indoors and on-site.
11.
Consumption of cannabis retail sales including smoking, taking of edibles, or by any other means of ingestion shall be not permitted on the exterior adjacent ground of a cannabis retail sales establishment unless authorized by state authorities in accordance with N.J.S.A. 24:61-21, N.J.S.A. 24:61-42, § 36-4B.
12.
All cannabis retail sales establishments shall have equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior of the premises. The carbon filters are required to be replaced regularly for the best effectiveness to mitigate odor. The ventilation system must be approved by the Borough of Cliffside Park Building and Health Departments.
13.
All facilities associated with Cannabis Retail Sales shall be secured and shall have full-time security protocols. Security protocols shall be submitted to Cliffside Park Police Department for compliance review with all safety and security standards established by the State of New Jersey for Cannabis Retail Sales Establishments. The Cliffside Park Police Department may, at its discretion und upon review of the proposed location, recommend and/or require additional safety and security measures. At minimum, the following shall apply:
(a)
A video recording security system shall be employed covering all areas of the cannabis retail sales establishment and the adjacent exterior of the building with a 24/7 recording system that records for a minimum thirty-day archive.
(b)
The premises and right-of-way adjacent to the cannabis retail sales establishment shall be monitored by staff of the cannabis retail sales establishment and kept free of loitering, litter and other debris, and the sidewalks shall be swept and cleaned on a regular basis.
14.
Any violation of the provisions of this subsection or the conditions of the zoning permit granted, inclusive of any agreements or conditions imposed by the municipality, as the case may be, shall be punishable by a civil fine; the minimum fine shall be $1,000, and the maximum fine shall be $2,500. Each day that a violation is committed, exists or continues shall be deemed a separate and distinct offense. In addition, ongoing or repeat offenses, defined as two or more convicted offenses, may result in suspension of the certificate of occupancy for a period to be determined by the Municipal Magistrate after due proess, but in any event not more than 30 days per each convicted offense. All violations shall be reported to the N.J. Cannabis Regulatory Commission or designated state authority.
15.
It for any reason, a location occupied by any cannabis retail sales establishment becomes inactive or unoccupied by the approved operator for an uninterrupted period of six months or more, the conditional use approval for said premises may be recorded and the Zoning Officer shall issue a notice of abandonment to the operator and to the owner of the property. Any subsequent application for use or occupancy of the premises as a cannabis retail sales establishment, including reoccupation by the previous operator, shall be referred to the Building Department and the land use board of jurisdiction as a new application.
e.
Hospitals, institutions, colleges, academies and private or parochial schools including related dormitories, athletic fields, administrative offices, recreational and parking facilities.
f.
Any extraction of sand, gravel, topsoil or rock.
g.
Radio or television transmission towers or broadcasting stations.
h.
Private or semi-public parks and recreation areas.
i.
Parking lot, entrance or exit in a residential zone where the proposed facility is within two hundred (200) feet of the primary appurtenant use.
j.
Day care or pre-schools.
k.
Fairs, carnivals, circus and similar activities of a temporary or seasonal nature.
§ 18-5.3 Standards.
[Ord. No. 17-89, § 5.2]
In reviewing the application for a Conditional Use Permit, the Board shall determine that:
b.
The proposed use, with appropriate safeguards and conditions, will not adversely affect the adopted Land Use Element or Zoning Ordinance.
c.
The proposed use, with appropriate safeguards and conditions, will not adversely affect the public health, safety or general welfare of the community for reasons of use, traffic, location, size, type of operation, hours of operation, exterior appearance of any use, building or structure.
d.
Adequate lot size, setbacks, parking, loading, utility facilities, vehicular entrances, exits, circulation, screening, buffers, lighting, signs, landscaping and site improvements shall be required to protect the immediate neighborhood.
e.
Any proposed use, building or structure shall meet all other zoning requirements of the zone in which it is located, unless specifically shown or noted on the site plan or related conditions approved by the Planning Board.
§ 18-5.4 Procedure.
[Ord. No. 17-89, § 5-3]
a.
Ten (10) copies of any application for a Conditional Use Permit shall be submitted to the Building Inspector at least fourteen (14) days prior to a regularly scheduled meeting of the Planning Board. The application shall be accompanied by ten (10) copies of the required site plan and or general floor plans and all supporting documents necessary for the Board's consideration.
b.
The Building Department shall determine that the application is complete, in good form and accompanied by all required plans, supporting documents, filing review and escrow fees. Incomplete applications shall not be accepted for official submission.
c.
All site plans, general floor plans or architectural plans shall be prepared, signed and sealed by an engineer, architect or land surveyor licensed by the State of New Jersey.
§ 18-5.5 Revocation.
[Ord. No. 17-89, § 5.4]
Any authorized Conditional Use Permit shall be subject to revocation by the Board if any conditions or safeguards imposed by the Board upon buildings, structures, land, or uses for said permit are not strictly adhered to by the applicant and/or owner. Before the Board shall revoke its authorization, the Board shall hold a public hearing and require the applicant to serve notice in accordance with the Municipal Land Use Act, thus affording the application and/or owner and/or occupants either residing within the area or the community the opportunity to be heard.
§ 18-5.6 Revisions or Amendments.
[Ord. No. 17-89, § 5.5]
Applications for a Conditional Use Permit amendment or revisions which are necessitated by site conditions or are deemed to be in the public interest shall be made in the same manner as the original application; except those changes which are not found to be of a substantial nature or which do not materially alter the Conditional Use Permit. The Municipal Building Department shall determine whether or not a "change" is to be classified as either "minor" or of a "substantial nature."
§ 18-5.7 Expiration of Approval.
[Ord. No. 17-89, § 5.6]
Any Conditional Use Permit approved by the Board shall be put into effect or work commenced within one (1) year after the date of approval, or said approval shall be null and void.
§ 18-5.8 Bulk Requirements for Houses of Worship, Schools and Governmental Uses.
[Ord. No. 3-2002, § B; Ord. No. 2008-17]
b.
Schools, Governmental Uses, Places of Public Assembly and/or Auditoriums - Bulk Standards.
1.
Minimum lot size: 10,000 square feet
2.
Minimum lot width: 100 feet
3.
Minimum lot depth: 100 feet
4.
Minimum front yard: 20 feet
5.
Minimum side yards: 10 feet (one)/20 feet (both)
6.
Minimum rear yard: 10 feet
7.
Maximum building height: 3 1/2 stories and 35 feet
8.
Maximum building coverage: 50%
9.
Maximum lot coverage: 80%
§ 18-5.9 Bulk Requirements for Retail Cannabis Sales Establishments.
[Added 7-13-2021 by Ord. No. 2021-07; readopted 4-5-2022 by Ord. No. 2022-06]
a.
Any pre-existing Retail Commercial Store having an area of not less than 2,000 square feet of net leasable space.