East Rutherford City Zoning Code
ARTICLE IV
Use Regulations
§ 389-11 Uses permitted in any district.
The following uses are permitted by right in any district:
A.
Public parks and playgrounds, together with recreational, administrative and service buildings appurtenant thereto.
B.
Publicly owned and operated parking lots.
C.
Uses of land and buildings by the Borough for government purposes.
D.
The excavating of natural materials in connection with the construction of a building on the same lot.
E.
Any agricultural use not involving the raising or keeping of livestock, provided that no storage or use of odor- or dust-producing substance be permitted within 100 feet of any property line.
F.
Fences as regulated by this chapter.
§ 389-12 R-1 Low-Density Residential District.
B.
Permitted accessory uses shall be as follows:
§ 389-15 NC Neighborhood Commercial District.
A.
B.
Accessory uses shall be as follows:
(1)
Accessory uses incidental to the permitted use, including storage sheds, refuse areas and parking lots. All refuse disposal areas shall be located adjacent to the rear or side of the building with adequate access. Refuse disposal areas shall not be located within the parking area. The refuse disposal areas shall contain appropriate landscaping to form a year-round effective visual screen or screened with a solid fence.
C.
Bulk requirements for residential uses shall be as follows:
[Amended 12-18-2001 by Ord. No. 2001-10]
(2)
Minimum lot area: 40,000 square feet.
(3)
Minimum lot width: 200 feet.
(4)
Minimum lot depth: 200 feet.
(5)
A minimum setback from all property lines: 30 feet.
(6)
Maximum building height: 2 1/2 stories/35 feet; maximum building height for townhouses and garden apartments: 2 1/2 stories/35 feet; maximum building height for multifamily residence: three stories/35 feet.
(7)
Maximum lot coverage: 35% for all principal/accessory buildings.
(8)
Distance between buildings shall be a minimum of 15 feet and a maximum of 30 feet in order to promote adequate air and light and to provide for open space.
(9)
Minimum open space: 35%.
(10)
Off-street parking: at least one space shall be in the form of a garage space.
E.
Development standards for multifamily residences.
[Added 3-14-2006 by Ord. No. 2006-1]
(1)
The following bulk standards are applicable for multifamily residential development within the NC District:
(a)
Minimum lot size: 20,000 square feet.
(b)
Maximum density: 20 units per acre.
[Amended 3-26-2009 by Ord. No. 2009-05]
(c)
Front yard setback: 20 feet.
(d)
Side yard setback: 10 feet each.
(e)
Rear yard setback: 20 feet.
(f)
Minimum open space: 30%.
(g)
Maximum building coverage: 40%
(h)
Maximum impervious surface coverage: 70%
(i)
Maximum building height: 35 feet/three stories.
(2)
Parking. The following parking requirements are applicable to the multifamily residential development in the NC District:
(a)
Parking space size and number requirements shall be in compliance with the New Jersey Residential Site Improvement Standards (RSIS).
(b)
No parking shall be permitted in the front yard.
(c)
Underground/under building parking shall be permitted.
(d)
Parking shall be permitted in the side and rear yards only. All parking must be located 10 feet from any side yard property line and five feet from any rear yard property line.
(e)
All perimeter open space surrounding a parking lot must be densely landscaped with year-round screening materials, including but not limited to evergreen shrubs.
(3)
Affordable housing requirements. All multifamily development shall provide for affordable housing in accordance with the following requirements:
(a)
Twenty percent of the total number of approved units shall be set aside for occupancy by low- and moderate-income households as defined by COAH.
(4)
All affordable housing development shall comply with the terms and conditions of the Uniform Housing Affordability Controls regulation as promulgated by COAH and currently set forth in N.J.A.C. 5:80-26.1 et seq., as same may be amended and supplemented from time to time.
(a)
Pursuant to N.J.A.C. 5:80-26.14, the Borough of East Rutherford hereby elects to serve as the administrative agent for all restricted units in the municipality. The Borough designates the Borough Clerk as its designated municipal employee for such purpose.
§ 389-16 RC Regional Commercial District.
A.
Permitted primary uses shall be as follows:
(1)
Mixed use retail/office/hotel/entertainment.
(a)
Entertainment uses shall include but not be limited to the following uses:
[1]
Movie theaters.
[2]
Indoor recreation.
[3]
Video arcades.
[4]
Health and fitness clubs.
[5]
Book and video stores.
[6]
Theme restaurants.
[7]
Professional, corporate or government offices.
[8]
Hotels.
[9]
Eat-in restaurants.
[10]
Public recreation facilities.
[11]
New car/automobile showrooms, including outdoor display facilities.
[12]
Movie theater complexes.
[13]
Commercial educational institutions.
[14]
Indoor recreational facilities.
[15]
Financial institutions without drive-through facilities.
[16]
Accessory retail uses and eat-in restaurants/catering facilities in connection with offices and hotels.
B.
Permitted accessory uses shall be as follows:
(1)
Mechanical equipment: when located on the ground must meet all yard standards; when located on the roof may not extend more than 10 feet high and must be screened from view with appropriate fencing.
(2)
Accessory uses customary and incidental to the operation of business, except that no outdoor storage of any materials shall be permitted.
[Amended 6-16-1998 by Ord. No. 98-12]
D.
Prohibited uses shall be as follows:
§ 389-17 PCD Planned Commercial Development.
A.
Permitted primary uses shall be as follows:
(1)
Administrative, executive and business offices, including professional offices.
(2)
Hotels.
(3)
Restaurants.
(4)
Research laboratories and related facilities.
(6)
Corporate training facilities without overnight accommodations and conducted entirely within an enclosed building.
(7)
Retail uses, including:
(a)
Health and fitness centers.
(b)
Indoor recreation centers.
(c)
Financial institutions.
(d)
Non-automotive-related retail outlets and personal service establishments.
(e)
Supermarkets, not to exceed 18,000 square feet in floor area, but only as a conditional use subject to the following conditions:
[Added 9-21-2010 by Ord. No. 2010-17]
[1]
Shopping cart storage shall be located within close proximity to the main entrance of the retail use, but not stored in the parking area or drive aisles.
[2]
Approval of a plan for management of shopping carts which will minimize carts migrating off site.
[3]
Approval of a plan for deliveries to the site that will minimize interference by those deliveries with other business at the site.
(8)
Multifamily residence.
[Added 12-18-2001 by Ord. No. 2001-10]
B.
Permitted accessory uses shall be as follows:
(1)
A cafeteria as an accessory use to a permitted use in the PCD District located on the same lot as the principal use, provided that its purpose is to serve food and drink to the employees of the principal use to which it is an accessory and guests of the building management. All signs in connection with the cafeteria shall be limited to necessary directional signs, each of which shall not exceed two square feet in area.
(2)
Parking lots and parking garages or structures which cannot exceed 40 feet in height, and shall have an exterior finish to match the exterior finish of the principal building(s).
C.
Uses specifically prohibited shall be as follows:
(1)
Those uses referred to as inappropriate to the Borough of East Rutherford, detrimental to the public health, safety, welfare and morals and which may not be established in any zoning district created in this chapter.
(2)
Any process of manufacture, assembly, alteration, conversion or treatment which constitutes a nuisance by reason of smoke, odor, dust or noise.
(3)
Any process of assembly, manufacture, alteration, conversion or treatment constituting a hazardous use, including but not limited to the manufacture or bulk storage of fireworks and explosives and the manufacture of illuminating gas and other explosive or poisonous gases, except as may be incidental to a permitted industrial use.
(4)
Gasoline service stations.
(5)
Drive-in or fast-food restaurants.
(6)
Automobile-related retail uses.
(7)
Junkyards; automobile graveyards or dismantling plants; and the storage of secondhand materials.
(8)
The baling or treatment of junk, old iron, rags, bottles or scrap paper, or storage in connection therewith.
(9)
The processing, treatment, packaging, smoking or curing of meat, fish, coffee, cocoa beans, pickles, sauerkraut or vinegar.
(10)
Building materials storage yards, including such materials as sand, plaster, brick, cement, lumber, roofing materials, boilers, tanks, radiators, pipes and fittings.
(11)
Coal and coke storage yards.
(12)
Dog pounds and kennels.
(13)
Used car lots.
(14)
New car sales and lease agencies.
(15)
Auto repair facilities.
(16)
Sewage treatment plants or processing of any by-products thereof.
(17)
Truck terminals and warehouses.
(18)
Supermarkets with floor area in excess of 18,000 square feet.
[Added 10-17-2000 by Ord. No. 00-14; amended 9-21-2010 by Ord. No. 2010-17]
D.
Drive-through facilities. No drive-through facilities for any permitted use shall be located in any required front yard or any other yard which has frontage on a public street.
E.
Open space. A minimum of 20% of any developed lot must be provided as open space.
F.
Environmental inventory. An environmental inventory must be submitted which addresses the wetlands delineation on-site and any environmental restrictions, potential hazards and monitoring devices located on-site.
G.
Retail limitations.
(1)
Permitted retail uses may not exceed 75% of the overall permitted floor area.
[Amended 9-21-2010 by Ord. No. 2010-17]
(2)
A maximum of 100,000 square feet of retail space shall be permitted in this district.
[Amended 10-17-2000 by Ord. No. 00-14; 12-18-2001 by Ord. No. 2001-10]
(3)
No retail facility shall occupy more than 40,000 square feet of building space.
[Added 12-18-2001 by Ord. No. 2001-10]
H.
Concept plan. For any development proposed within the Planned Commercial Development District, a concept plan shall be required. At a minimum, the concept plan shall indicate the proposed location of all buildings, structures, parking, landscaping, open space, utilities, signage, pedestrian walkways and driveways. The concept plan shall be submitted to the Planning Board for review prior to any formal preliminary site plan.
I.
Landscape buffer and tree preservation.
(1)
A landscaped buffer shall be provided in any yard fronting on a public street, including the proposed collector road(s). The buffer shall be a minimum of 35 feet measured from the front or street property line into the subject property. Within the buffer, a meandering berm or appropriate heavy landscaping including ornamental and screening plantings is to be provided as indicated in a landscape plan. The meandering berm shall measure between four feet to six feet in height with appropriate landscaping to provide a year-round effective landscaped visual screen particularly in front of surface parking lots and maintenance areas. The heavily landscaped areas are to be provided directly in front of building facades for aesthetic purposes and to prevent any glare or other nuisances from distracting drivers. Also permitted within the landscaped buffer area are pedestrian walkways which shall be provided across the street frontage and interconnect with adjacent lots, as well as providing access into the individual lots. Permitted signage, fencing, underground utilities and utility connections and driveways may also be provided within the required buffer area. No buildings, structures or parking and loading areas may otherwise be provided in the buffer.
(2)
Existing trees measuring four inches in caliper or greater shall be preserved either as part of the required landscape buffer or as additional landscape features, to the extent practicable. The location of all trees measuring three inches in caliper or greater must be provided and any trees that will not be saved must be so indicated with an explanation. Any existing tree(s) removed must be replaced by a new tree on-site measuring two inches in caliper or greater.
J.
Pedestrian circulation. Pedestrian walkways shall be provided along all public street frontages with building lots and connecting with parking areas and buildings served on the lots by the most direct route. The walkways shall be unencumbered by parked cars, berms or plantings.
K.
Bulk requirements.
(1)
Minimum lot area: 6.5 acres.
(2)
Minimum lot width: 400 feet.
(3)
Minimum lot depth: 550 feet.
(4)
Minimum front yard: 35 feet.
(5)
Minimum rear yard: 35 feet.
(6)
Minimum side yard: 35 feet.
(7)
Maximum building height: five stories/70 feet for office buildings; seven stories/80 feet for hotel buildings; two stories/35 feet for all other permitted uses, with the exception of multifamily residential uses.
[Amended 10-17-2000 by Ord. No. 00-14; 12-18-2001 by Ord. No. 2001-10]
(8)
Maximum lot coverage: 50%.
(9)
Number of uses or structures permitted. There shall be one principal structure per lot. Mixed-use structures containing retail, restaurant or related uses on the first floor of a hotel or office building are encouraged where practicable. No nonresidential uses may be located on Block 90, Lot 1, only the expressed permitted residential units.
[Amended 12-18-2001 by Ord. No. 2001-10]
L.
Parking. All requirements for off-street parking as provided in § 389-38 of this chapter must be complied with.
M.
Signs.[1]
(1)
Signage and related site graphics shall be designed as a coordinated component of the overall development. The design, format and materials of any sign shall be consistent with the site architecture in the development and with one another. No flashing or moving elements will be permitted.
(2)
All signs shall be located and designed in a manner which will not obstruct views so as to cause hazard to pedestrian or vehicular traffic.
(3)
One ground sign at each lot frontage on a public street shall be permitted as follows:
(a)
Maximum display area: 400 square feet per sign face for frontage on Route 17 and 50 square feet per sign face for frontage on all other public streets.
(b)
Maximum height above average grade of roadway: 20 feet for frontage on Route 3 and six feet for frontage on all other public streets.
(c)
Minimum setback: five feet from the street property line.
(4)
Flat signs shall be permitted on the exterior of the building at locations approved by the Planning Board. They shall be placed on the building surface, provided that they are clearly integrated with the site architecture.
(a)
Maximum sign display area: 10% of the facade upon which the sign is mounted or 50 square feet, whichever is greater. For each anchor retail store in a development so designated by the developer and having more than one facade facing a public street, an additional flat-mounted wall sign not exceeding 10% of the secondary facade or 50 square feet of total signage per face of the element upon which it is positioned shall be permitted, not to exceed a total of two such additional signs or logos per development.
(5)
Directory signs, meaning signs which identify and/or provide direction to a number of business establishments, services or other occupants within the planned development, shall be permitted as follows:
(6)
No internally illuminated sign shall be permitted except stencil sign or signs which have internally lighted letter or logos only.
(7)
Freestanding signs necessary for direction, safety, traffic or parking control on the site shall be reviewed and approved by the Planning Board with the intent that the number of signs will be restricted to the minimum necessary, will be visually unobtrusive and will be consistent in format, lettering and coloring.
(a)
The sign shall contain the words "entrance," "exit" or "one-way," or similar directional instructions.
(b)
The sign shall not exceed 27 inches in length or 12 inches in height.
(c)
The top of the sign shall not exceed 60 inches in height from the ground at the base of the sign.
(d)
Any lighting other than shielded flood- or spotlights shall only be permitted if it is interior white diffused.
(e)
Traffic signs shall comply with Subtitle 1 of Title 39 of the Revised Statutes of New Jersey (standard traffic signs).
(8)
No signs shall protrude above the building cornice. Unless otherwise approved by the Planning Board, letters shall be mounted directly on walls. The location of adjacent signs shall be coordinated as to placement, color and style.
N.
Site lighting.
(1)
Lighting for safety shall be provided at intersections, along walkways, at entryways, between buildings and in parking areas.
(2)
Well-designed soft lighting of the building exterior will be permitted, provided that the light source is not visible and that it complements the architecture. The lighting should not draw inordinate attention to the building.
(3)
Parking lot service area and roadway lighting will be provided by freestanding fixtures with cutoff light sources to assure that the source shall be shielded and directed away from public streets and adjacent parcels. The material and color of the fixtures will be evaluated in terms of their compatibility with the architecture and natural site characteristics. The height and spacing of the light standards shall be provided in order to minimize the impact of lighting while retaining the necessary safety aspects.
(4)
No mercury vapor lighting is permitted.
O.
Reciprocal maintenance agreements required. Any development within the PCD District shall enter into a reciprocal maintenance agreement at the time of final approval in order to provide for the maintenance of any common open space, greenways, pedestrian plazas, driveways, pedestrian walkways and such other improvements as deemed necessary, not subject to maintenance by the Borough of East Rutherford or any other governmental entity.
P.
Refuse disposal areas. All refuse disposal areas within the PCD District shall be located adjacent to the rear or side of the building with adequate access. Refuse disposal areas shall not be located within the parking area or required landscaped buffer. The refuse disposal areas shall contain appropriate landscaping to form a year-round effective visual screen.
Q.
Regulations pertaining to multifamily development.
[Added 12-18-2001 by Ord. No. 2001-10]
(1)
Minimum area: one acre.
(2)
Density: 30 units per acre.
(3)
Minimum lot width: 200 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum setback from all property lines: 15 feet.
(6)
Maximum lot coverage: 35% for all structures.
(7)
Minimum open space: 25%.
(8)
Maximum number of residential units permitted in district: 125 units; multifamily to be located on Block 90, Lot 1.
(9)
Maximum building height: 35 feet.
(10)
Off-street parking: at least one space shall be in the form of a garage space. Additional required on-site parking may be located within the district and not exclusively on Block 90, Lot 1.
R.
Shopping cart storage. Any retail use which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within close proximity to the main entrance of the aforementioned retail use, but not stored in the parking area or drive aisles. Each designated storage area shall be clearly marked for storage of shopping carts. Such signs indicating storage are considered to be directional signs as regulated under the Zoning Ordinance.
[Added 9-21-2010 by Ord. No. 2010-17]
§ 389-18 I Light Industrial District.
A.
Permitted primary uses shall be as follows:
(1)
Manufacturing, processing, compounding, assembling and packaging of materials or product.
(2)
Research laboratories.
(3)
Wholesale establishments.
(4)
Professional offices.
(5)
Self-storage facilities.
(6)
Auto-maintenance facilities.
(7)
Recycling facilities.
(8)
Freight-forwarding facilities.
(9)
Indoor recreation.
(10)
Health and fitness clubs.
(11)
Accessory office uses in connection with the above-listed uses.
B.
Permitted accessory uses shall be as follows:
(1)
Accessory uses customary and incidental to the operation of the business.
(2)
Mechanical equipment: when located on the ground must meet all yard standards; when located on the roof may not extend more than 10 feet high and must be set back from the edge of the roof a minimum distance equal to or greater than the height of the improvement and screened from view with appropriate fencing.
D.
Prohibited uses shall be as follows:
Acetylene gas manufacture and bulk storage | |
Acid manufacture | |
Alcohol manufacture and/or bulk storage | |
Ammonia, chlorine or bleaching powder manufacture | |
Ammunition manufacture and storage, not including normal stocks for sale at retail and not including handloading for private use | |
Animal black, lampblack or bone black manufacture | |
Arsenal | |
Asphalt manufacturing, packaging or refining | |
Auto wrecking or storage yards | |
Blast furnace | |
Boiler or tank works | |
Brick, tile or terra cotta manufacture | |
Carbon manufacture | |
Carting, express handling or storage yard | |
Celluloid manufacture | |
Central mixing plant for cement, concrete, mortar, plaster or paving materials | |
Coke oven | |
Crematory | |
Creosote treatment or manufacture | |
Disinfectant, insecticide or poison manufacture | |
Distillation of coal, wood or bones | |
Distillation of tar | |
Dye manufacture | |
Electroplating shops, except those having artificial ventilating systems constructed and operated in accordance with the rules of the State Department of Labor | |
Fat rendering or refining | |
Fertilizer manufacture | |
Fish smoking or curing | |
Gas manufacture | |
Glue, size or gelatin manufacture | |
Grain, drying or feed manufacture from refuse mash or grain | |
Grinding of any material, the primary purpose of which is to reduce the same to powder form | |
Hog farm | |
Hydrocarbon material distilling, manufacture, reclaiming or refining | |
Incineration or reduction of offal, garbage or refuse, except when controlled by the municipality | |
Iron, steel, brass or copper foundry work | |
Junkyards, auto salvage yards or the storage of junk automobiles or parts | |
Lampblack manufacture | |
Lime, cement or plaster of paris manufacture | |
Magnesium manufacturing | |
Mining of sand, gravel, soil, stone, clay, rock or mineral ore | |
Oilcloth or linoleum manufacture | |
Oiled or rubber goods manufacture | |
Oil, paint, oil varnish, turpentine, shellac or enamel manufacture | |
Ore reduction | |
Paper or pulp manufacture | |
Petroleum refining or the storage of petroleum products, except as regulated by state law | |
Power forge (riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron, steel, brass or copper, except as necessary or incidental to manufacture for which these procedures are a minor part and which are carried on without objectionable noise outside the plant) | |
Printing ink manufacture | |
Pyroxylin plastic manufacture or the manufacture of articles wherefrom | |
Raw hides or skins storage, canning, tanning, dressing or coloring | |
Reduction, canning, processing or treatment of fish or animal products | |
Rubber manufacture from crude material | |
Sandpaper and emery cloth manufacture | |
Sauerkraut manufacture | |
Sausage manufacture and processing of cold meats | |
Sewerage disposal plant, except when controlled by the municipality | |
Shoe blacking or stove polish manufacture | |
Smelting of iron, copper, tin, zinc or lead | |
Soap manufacture | |
Starch, glucose or dextrin manufacture | |
Steel furnace, blooming or rolling mills | |
Stockyards, slaughterhouses or abattoirs | |
Stone crusher | |
Storage and dumping of refuse, garbage, fats, dead animals or offal except when controlled by the municipality | |
Storage or baling of scrap, paper, rags, old iron or junk | |
Storage, sale, stripping or processing of old, abandoned automobiles and other vehicles, and any other activities forming a part of the business generally classified as the automobile junkyard business, which business is hereby prohibited | |
Sugar refining | |
Sulphurous, sulphuric, nitric or hydrochloric acid manufacture | |
Tallow, grease or lard manufacture and refining | |
Tar distillation or manufacture | |
Tar roofing or tar waterproofing manufacture | |
Vinegar manufacture | |
Wool pulling and scouring | |
Yeast manufacture |
§ 389-19 Adult entertainment.
A.
Purpose.
(1)
It is recognized that there are some uses of property which, due to their very nature, have a deleterious effect upon the use and enjoyment of adjacent properties and areas as well as upon minors who frequent said areas. Accordingly, the primary purpose of this section is to limit as much as possible the deleterious effect of such uses by limiting the location in which such establishments or uses are permitted to a specific zone in the Borough of East Rutherford.
(2)
This section is specifically addressed to adult-only bookstores, adult-only motion-picture theaters, massage parlors, rap parlors, tattoo parlors, fortune-telling establishments, saunas, go-go bars, juice bars and such establishments having paid dancers or adult entertainment.
B.
Regulation. No establishment, except those located within the districts east of the railroad tracks located in the Borough of East Rutherford, known and designated as being within the jurisdiction of the Hackensack Meadowlands Development Commission, shall engage in, allow or permit any person including those persons employed, contracted or required by such establishment to perform any dancing or entertainment in or on any portion of its premises and shall not permit or allow the use of the premises, or any portion thereof, as an adult-only bookstore, adult-only motion-picture theater, massage parlor, rap parlor, tattoo parlor, fortune-telling establishment, sauna, go-go bar, juice bar or any such establishment having paid dancers, entertainment or employees who are scantily clad, with breasts or lower part of the torso uncovered or so thinly or sparsely covered or draped so as to appear uncovered.
C.
Violations and penalties. A violation of the provisions of this section shall be punishable by a fine of $500 for each violation that may be imposed.
§ 389-20 Uses prohibited in all districts.
The following shall be prohibited:
A.
The keeping or maintaining of any nondomestic animals or fowl, including but not limited to swine, sheep, cattle, poultry, pigeons, rabbits, hares or guinea pigs; except that this provision shall not apply to harboring indoors of domestic pets such as certain species of birds, cats, dogs, rabbits or guinea pigs as household pets, provided that a valid license has been issued for the keeping of said household pet as required by the Borough of East Rutherford.
B.
No establishment, except those located within the districts east of the railroad tracks, known and designated as within the jurisdiction of the Hackensack Meadowlands Development Commission, shall engage in, allow or permit any person including those persons employed, contracted or hired by such establishment to perform any dancing or entertainment in or on any portion of its premises, or any portion thereof, as a go-go establishment. Violation of this provision shall be punishable by a fine of $500 for each violation that may be imposed.
C.
Used car dealerships, except as an accessory use to a franchise new car dealership. Additionally, a gasoline service station may offer for sale one used car at a time, as an accessory to the service station use.
D.
Outdoor storage of building materials and outdoor storage yards, including such material as sand, plaster, brick, cement, lumber, roofing materials, boilers, tanks, radiators, pipes and fittings.
[Added 6-16-1998 by Ord. No. 98-12]
E.
No electronic cigarette shall be sold by any businesses operating in East Rutherford located with 1,000 feet of any public or private school, public or private school playground, a church, a public playground or athletic field, a fire station, or a residential zone.
[Added 7-15-2014 by Ord. No. 2014-14]
§ 389-20.1 Cannabis.
[Added 7-17-2018 by Ord. No. 2018-06; amended 6-15-2021 by Ord. No. 2021-07; 6-20-2023 by Ord. No. 2023-14]
A.
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A, regarding prohibition of retail sale or delivery of cannabis for recreational use and/or the paraphernalia that facilitates the use of such cannabis pursuant to a Class 5 cannabis retailer license or a Class 6 cannabis delivery license, was repealed 5-21-2024 by Ord. No. 2024-06.
B.
(Reserved)[2]
[2]
Editor’s Note: Former Subsection B, regarding no land or building in any zoning district within the Borough of East Rutherford shall be used or shall be allowed to be used by a cannabis delivery service or a cannabis retailer for the recreational retail sale or delivery of cannabis, was repealed 5-21-2024 by Ord. No. 2024-06.
C. ALTERNATIVE TREATMENT CENTER APPLICANT CANNABIS CANNABIS CULTIVATOR CANNABIS DELIVERY SERVICE CANNABIS DISTRIBUTOR CANNABIS ESTABLISHMENT CANNABIS MANUFACTURER CANNABIS RETAILER CANNABIS WHOLESALER LICENSEE MANUFACTURE MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER PRODUCE
Definitions. As used in this section, the following terms shall have the meanings indicated. However, definitions provided in P.L. 2021, c. 16, shall apply where not defined herein, or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24-6I-31 et seq.
An organization issued a permit pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307, (N.J.S.A. 24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit.
A licensed cannabis entity applying to the Borough or the New Jersey Sports and Exhibition Authority for a local license to operate within such jurisdiction.
As used in this section, the term "cannabis" shall be as defined in Section 3 of P.L. 2021, c. 16.
Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license.
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license.
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license.
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license.
Any licensed person or entity who holds a Class 5 cannabis retailer license from the Commission or the State of New Jersey that purchases cannabis from cannabis growers and cannabis items from cannabis processors or cannabis wholesalers and sells these to consumers from a retail store or as otherwise defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq.
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license.
A person or entity that holds a license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), including a license that is designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, or a Class 6 cannabis delivery license, and includes a person or entity that holds a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) otherwise intend to only apply to a person or entity that holds a license and not a conditional license.
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
An organization issued a permit pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of that Act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit.
The planting, cultivation, growing or harvesting of cannabis. "Produce" does not include the drying of cannabis by a cannabis manufacturer if the cannabis manufacturer is not otherwise manufacturing cannabis.
D.
Use and zone regulations. Cannabis establishments or distributors, with Class 1, Class 2, Class 3, or Class 5 licenses shall be permitted as a conditional use within the Borough of East Rutherford in the area between the center median of State Highway Route 17 North and East to the Hackensack River. Except as specifically modified herein, cannabis establishments, and distributors, shall comply with underlying zone regulations, including if applicable, N.J.A.C. 19:4-5 and as otherwise required by the NJSEA. Cannabis establishments shall maintain a license issued by the New Jersey Cannabis Regulatory Commission to operate the establishment. Cannabis establishments shall comply with all other applicable state standards and regulations. The provisions of this section shall not apply to alternative treatment centers, which are governed by Chapter 96 of the Borough Code of the Borough of East Rutherford.
[Amended 5-21-2024 by Ord. No. 2024-06]
E.
Conditional use standards. Cannabis establishments or distributors permitted under this article shall comply with the following conditions:
(1)
Location. No cannabis business shall be located within 500 feet of a school or child-care facility measured from the front door of the cannabis establishment to the front door of a public or private school; a house of worship; YMCA; the front door of the cannabis establishment to the property lot line of a public or private playground; or an athletic field. This prohibition shall not include Met Life Stadium or the American Dream Complex.
[Amended 5-21-2024 by Ord. No. 2024-06]
(2)
Number of licenses. There shall be a limit of five licenses for each class of cannabis use permitted within the Borough.
(3)
Indoor cultivation. The cultivation of cannabis shall only be permitted indoors within a fully enclosed building. Outdoor cultivation is prohibited.
(4)
Odor. Any Class 1, Class 2, or Class 3 cannabis establishment shall provide and operate an air treatment system such that any odors generated by the facility are not detectable by a person on adjacent properties, rights-of-way, or other units within a building on the same lot.
(5)
Noise. Outdoor generators and other mechanical equipment associated with operation of a cannabis establishment or distributor shall be enclosed and noise mitigation features shall be provided to minimize noise pollution. Facilities shall comply with state noise control standards.
(6)
Security. Any cannabis establishments, distributors, or delivery services shall comply with P.L. 2021, c. 16, or any other applicable state law on matters of security.
(7)
Refuse screening. Any outdoor refuse or recycling areas shall be fully screened from view by a solid fence or other enclosure.
(8)
Age restriction. No persons under the age of 21 shall be allowed in a cannabis establishment or distributor facility.
F.
Civil penalty. In accordance with N.J.S.A. 24:6I-45, any person or cannabis establishment, distributor, or delivery service that violates the provisions of this section shall be subject to a civil penalty of $1,000 per violation in accordance with the provisions of the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. Any penalty assessed shall be payable to the Borough of East Rutherford and enforced by the Borough Ordinance Enforcer Department.