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Little Ferry City Zoning Code

§ 35-112.3

Conditionally Permitted Uses.

[1982 Code § 134-11C; amended 9-10-2024 by Ord. No. 1624-12-24]
a. 
Uses. Conditionally permitted uses shall be as follows:
1. 
Professional, business and governmental offices.
2. 
Banks and savings-and-loan institutions.
3. 
Post offices.
4. 
Hotels and motels.
5. 
Cannabis Retail Establishments.
b. 
Conditional Use Requirements.
Cannabis Retail Establishments shall be subject to only the following conditions as set forth in subsection 35-112.3b,1-9, as a Conditionally Permitted Use in the B-H Zone. Cannabis Retail Establishments shall be exempt from the requirements set forth in paragraph c.
1. 
Site development plan approval in accordance with Article 500, Site Plan Review of this chapter shall be required prior to the issuance of building permits for the erection of all conditionally permitted structures. Such approval shall also be required prior to the issuance of a certificate of occupancy for a change of use of a conditionally permitted use.
2. 
Parking Requirement. A Cannabis Retail Establishment shall provide one off-street parking space for every two hundred square feet of gross floor area (excluding utilities and storage of noncannabis items) utilized by a Cannabis Retail Establishment.
3. 
No more than one cannabis retail establishment shall be conditionally permitted in the B-H Zone in the Borough of Little Ferry.
4. 
A cannabis retail establishment shall have an odor mitigation and/or security plan in place.
5. 
A cannabis retail establishment shall have frontage on US Route 46.
6. 
A cannabis retail establishment shall be no less than 1,000 feet from an elementary school, secondary school or high school, and no less than 500 feet from a church, public park, or state licensed drug rehabilitation facility. All measurements pursuant to this section shall be measured by a straight line from the nearest boundary of each property.
7. 
A cannabis retail establishment shall not operate outside of the hours of 9:00 a.m. - 10:00 p.m.
8. 
Consumption of cannabis shall be strictly prohibited at a cannabis retail establishment.
9. 
Prior to commencing retail operations in the Borough, an approved cannabis retailer shall be licensed by the State of New Jersey and shall maintain such licenses in good standing at all times. An applicant shall not require a license from the State of New Jersey to file and have action taken on the application by the appropriate land use board.
c. 
Other Requirements. Other requirements for conditional uses shall be as follows:
1. 
Off-Street Loading Requirements. There shall be no loading or unloading from the street in the B-H Zone.
2. 
Landscaped Open Space Area. In order to provide for much needed pervious area for drainage purposes, a minimum of twenty (20%) percent of the total lot area shall be maintained in lawns, gardens, buffer strips, woodlands or other forms of landscaping subject to site plan approval.
3. 
The parking requirements for professional or business office uses shall be met within two hundred (200) feet of the site. The Planning Board shall review all off-street parking lots as provided in Article 500, Site Plan Review, but in no case shall off-street parking be provided off-site without Planning Board approval, nor shall parking standards be less than those specified in this section.