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Linden City Zoning Code

§ 31-51

CANNABIS BUSINESSES.

[Added 3-15-2022 by Ord. No. 66-21]
a. 
A cannabis business shall be a licensed "cannabis business" under Chapter 18 of the City Code and all of the following conditions/requirements of Section 31-51 shall be met as follows.
1. 
A cannabis business shall be a permitted use in the Heavy Industrial (HI) Zone, Light Industrial (LI) Zone and Light Industrial (LI-A) Zone. Additionally, a cannabis business shall be a permitted use within the following redevelopment plans:
(a) 
Block 437, Lots 5.03 and 5.04 - Route 1/9 and Willow Glade Road;
(b) 
Grasselli Road Area Redevelopment Plan;
(c) 
Block 587, Lots 3.01, 3.02 and 3.03 (LCP Site); and
(d) 
Block 513, Lots 4.01 and 4.02 (Brunswick Avenue Site).
2. 
No part of the lot shall be situated within 500 feet, measured along the street or highway on which located, of a public facility, park or athletic field and/or public or private school, residential property, preschool, child-care center, houses of worship, behavior health care facility and medical detoxification centers.
3. 
The minimum lot size shall be one (1) acre.
4. 
The principal building on the lot shall be setback a minimum of forty (40) feet from the rear yard forty (40) feet from each side yard and thirty (30) feet from the front yard.
5. 
All cultivation, manufacturing, storage and distribution activities shall take place within an enclosed building or greenhouse structures. The facility shall be the sole occupant of its building.
6. 
All structures utilized for any cultivation, manufacturing, storage or distribution of cannabis shall be enclosed by a fence at least seven feet high.
7. 
All structures shall be designed, using safety and security barriers, to prevent the unlawful and unauthorized entry into the structures as prescribed by State law.
(a) 
There shall be controlled access to the site, with 24/7 on-site video monitoring of the exterior and interior of the facility, which video shall be retained and stored for the period prescribed by State law, but in no case shall such video be retained and stored for less than 30 days.
(b) 
Plans and reports depicting or describing access and security details information concerning the facility shall be deemed and protected as confidential security documents, exempt from disclosure as public records.
8. 
Cannabis cultivation and manufacturing facilities shall operate in compliance with state and local noise laws and regulations, except in emergency situations requiring the use of a backup generator.
9. 
Cannabis cultivation and manufacturing operations shall utilize available technology to filter and recirculate air, so that odors are not discernable by a reasonable person beyond the property line.
10. 
Cannabis cultivation and manufacturing facilities shall only be permitted to have one sign, displaying the site address only.
11. 
Any applicant for a cannabis cultivation or cannabis manufacturing facility shall coordinate with the Chief of Police, or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, surveillance systems, and site lighting consistent with the requirements of State law.
12. 
Subject to the requirements and limitations of state law, the municipality shall have the reasonable right to inspect the premises of any approved, cannabis cultivation or cannabis manufacturing facility during its regular hours of operation to ensure compliance with local ordinances and regulations.