East Newark City Zoning Code
§ 33-12A Supplemental Use Regulations
Cannabis-Oriented Businesses.
[Added 7-14-2021 by Ord. No. 08-2021]
Wherever conditionally permitted, cannabis uses as defined herein shall be permitted, subject to the following:
a.
Licensing.
1.
All licensing shall be in accordance with state licensing rules. Vertically integrated licenses shall be in accordance with N.J.S.A. 24:6I-31.
2.
The maximum number of cannabis-oriented businesses shall not exceed two for each "Class" type as defined by P.L. 2021, c. 16 that are permitted within the Borough (cultivation, manufacturing, wholesaling, distribution, and retail). Cannabis-oriented businesses include both medical use and personal use. A cannabis business engaging in medical and personal cannabis shall count as one towards the maximum number of each "Class" type.
b.
On-site consumption of cannabis or cannabis-derived products including smoking, ingesting edibles, or applying topical applications, or any other means of ingestion shall be prohibited. Cannabis retail establishments are not permitted to have lounge areas as part of their establishment.
c.
Signage.
2.
All signage shall be limited to the name of the business. Illustrations, pictures, and other imagery is prohibited.
3.
Moving, rotating, animated, blinking, flashing, or internally illuminated signs are prohibited.
4.
All signs shall be constructed of durable materials maintained in good condition and not be allowed to become dilapidated.
5.
Signs shall not be internally illuminated. Signs shall be permitted to be illuminated externally with goose-neck, up-lighting, or similar fixture types. Any external lighting shall be focused on the sign.
6.
Projecting signs shall be prohibited.
7.
Window signs and window advertisements shall be prohibited.
8.
Retail and establishments shall be limited to one facade sign not to exceed 10% of the storefront area. In no case shall the facade sign exceed 25 square feet.
9.
Cultivation, manufacturing, wholesale, and distribution facilities located in the I - Industrial Zones may have one facade sign not to exceed 10% of the primary facade area. In no case shall the facade sign exceed 35 square feet. One freestanding sign in addition to the permitted facade sign shall be permitted.
10.
Freestanding signs shall be subject to the same content restrictions as facade signs. Freestanding signs are permitted at driveway entrances and signs shall not exceed 25 square feet and five feet in height, and shall be set back a minimum of five feet from any property line.
d.
Transparency and product visibility.
1.
Cannabis plants, products, accessories, and paraphernalia contained within a cannabis retail business are not permitted to be displayed in the windows of the retail establishment. Windows of the establishment are not permitted to be obstructed in a manner that would prevent the East Newark Police Department from being able to see into the establishment for security reasons.
2.
An identifiable primary entrance to the facility shall be located on the primary front facade and visible from the public right-of-way.
3.
All fenestrations must be transparent for retail establishments. No window shall be coated in any type of protective film, laminate or glazing which advertises or promotes the business or its products and prevents the East Newark Police Department from being able to look into the establishments for security reasons. Tinting is permitted to mitigate sunlight only.
e.
Locations.
1.
No cannabis retail business shall be located within 250 feet of a school of any kind or a licensed day care or child-care facility, as measured from the property line.
2.
No cannabis retail business shall be located within 250 feet of playground, park, as measured from the property line.
3.
No cannabis cultivation, manufacturing, wholesale, or distribution facility may be adjacent to or share a property line with a residential use or zone.
f.
Hours of operation. Retail operations shall be limited to 9:00 a.m. to 9:00 p.m. on Monday through Saturday and 11:00 a.m. to 8:00 p.m. on Sunday, with the exception of on-site security.
g.
Odor mitigation.
1.
All cannabis facilities shall be enclosed in heated/air-conditioned buildings.
2.
All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor absorbing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the property line. The ventilation system and its maintenance, including the schedule indicating how frequently filters will be replaced, must be approved by the Borough of East Newark Health Department.
h.
Security.
1.
All proposed cannabis-oriented businesses shall be required to submit a security plan as part of a permit application and a site plan application. Details shall be provided for all safes, security systems, and hours of proposed on-site security. The security plan shall be submitted to the East Newark Police Department for review and approval.
2.
All cannabis-oriented businesses shall be required to utilize a video recording system for all areas within the buildings and outside all entrances and exits. Video recording systems shall operate 24 hours, seven days a week. The security footage shall be stored for a minimum of 30 days.
i.
Additional application requirements.
1.
All cannabis-oriented businesses shall be subject to site plan review by the Planning Board.
2.
All cannabis-oriented businesses shall provide the following information, as part of the site plan application:
(a)
All cannabis businesses shall provide a copy of any license application or license to the state or Borough, including any agreements or conditions of approval.
(b)
All cannabis businesses shall provide a resolution adopted by the Borough Council in support of the application. Failure of the cannabis business to obtain a resolution of support from the Borough Council will invalidate any approvals made by the Planning Board. Cannabis-oriented businesses may be required to enter into a community host agreement, by and between the cannabis-oriented business and the Borough.
(c)
On-site security measures both physical and operational.
(d)
Odor mitigation/management plan detailing all proposed ventilation and filtration/treatment systems.
(e)
Employee safety and training plan.
(f)
A statement on neighborhood compatibility and a plan for addressing potential compatibility issues.
(g)
Waste management plan.
(h)
Cannabis cultivators and manufacturers shall provide a storage and hazard response plan for all pesticides, fertilizers, solvents, and any other hazardous materials kept on the cultivator or manufacturer's site. Plans shall include a list of all pesticides, fertilizers, solvents, and any other hazardous materials that are expected to be used in the cultivation or manufacturing process.
(i)
Vicinity map showing at least 1,000 feet of surrounding area and the distances to the following uses: any school, park, playground, recreation or youth center, and residential zones or uses. Distance shall be measured from the nearest point of the property line of the site that contains the cannabis business to the nearest point of the property line of the enumerated use using a direct straight-line measurement.