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Moonachie City Zoning Code

§ 22-4.5

General Use Restrictions.

[Ord. 2003-2, §§ 1, 2]
a. 
Sexually Oriented Adult Entertainment.
1. 
Location Conditions. No such use shall be located or operate upon premises the outside boundary of which is within 1,000 feet of the outside boundary of any premises upon which there is located a place of worship, school, playground, park, recreational facility, residence, hotel, motel, mobile home parks or other premises upon which there is conducted sexually oriented adult entertainment or any carnival like businesses.
2. 
Sexually Oriented Entertainment as an Accessory to Permitted Uses. There is hereby prohibited the conduct or operation or portion thereof providing sexually oriented adult entertainment as an accessory to an otherwise permitted use in all zones except where otherwise permitted.
(a) 
Location Conditions. No such accessory use shall be located or operated upon premises from outside a boundary of which is within 1,000 feet of the outside boundary of any other premises upon which that use is conducted as a principal or accessory use.
3. 
Designated Area. The Borough specifically designates as the area in which sexually oriented adult entertainment or carnival like business can be conducted as an accessory use to be as follows:
(a) 
From the intersection of Empire Boulevard and State Street, west to the intersection of Empire Boulevard and Terminal Lane.
b. 
Medical marijuana uses.
[Added 10-24-2019 by Ord. No. 2019-4]
1. 
Location conditions:
(a) 
All facilities must be designed and operated to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and other potential contaminants discharged into the public wastewater and/or stormwater systems.
(b) 
A list of all pesticides, fertilizers, and any other hazardous materials that are expected to be used in the cultivation process.
(c) 
All facilities must be designed to minimize odors emanating from the marijuana plants.
(d) 
All facilities must submit an odor management plan.
(e) 
All facilities must maintain a secure, closed, clean environment in the room where marijuana is to be stored, grown, processed, or tested, in order to prevent outside contamination and prevent the inadvertent and/or unauthorized removal of marijuana from the facility. All facilities must provide shower and locker room facilities for employees to ensure the provision of a clean environment.
(f) 
All facilities must have adequate security to prevent access to the marijuana by nonauthorized personnel, including unauthorized removal. All rooms that contain marijuana, in any form, must be individually locked and accessible only to authorized personnel.
(g) 
All drying, soil mixing, testing, processing, and other nongrowing activities must take place in a separate room from any growing activities.
2. 
Designated area.
(a) 
No medical marijuana center, medical marijuana alternative treatment center (ATC), medical marijuana safety compliance center, medical marijuana manufacturing facility or medical marijuana cultivation facility shall be located within the following distances from the specified land uses listed below:
(1) 
One thousand feet from a place of worship, school, playground, park, recreational facility, residence, or mobile home park.
(2) 
One thousand feet from any premises serving alcohol.
c. 
Recreational cannabis businesses.
[Added 7-22-2021 by Ord. No. 2021-2]
1. 
Permitted uses.
(a) 
Class 1 cannabis cultivator license, for facilities involved in growing and cultivating cannabis;
(b) 
Class 2 cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
(c) 
Class 3 cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(d) 
Class 4 cannabis distributer license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
2. 
Location condition.
(a) 
All facilities must be designed and operated to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and other potential contaminants discharged into the public wastewater and/or stormwater systems.
(b) 
A list of all pesticides, fertilizers, and any other hazardous materials that are expected to be used in the cultivation process.
(c) 
All facilities must be designed to minimize odors emanating from the marijuana plants.
(d) 
All facilities must submit an odor management plan.
(e) 
All facilities must maintain a secure, closed, clean environment in the room where marijuana is to be stored, grown, processed, or tested, in order to prevent outside contamination and prevent the inadvertent and/or unauthorized removal of marijuana from the facility. All facilities must provide shower and locker room facilities for employees to ensure the provision of a clean environment.
(f) 
All facilities must have adequate licensed security and/or twenty-four-hour security to prevent access to the marijuana by nonauthorized personnel, including unauthorized removal. All rooms that contain marijuana, in any form, must be individually locked and accessible only to authorized personal.
(g) 
All drying, soil mixing, testing, processing, and other nongrowing activities must take place in a separate room from any growing activities.
(h) 
This section shall not be in conflict of any provisions of P.L. 2021, c. 16 (C. 24:6I-31 et. al.)
3. 
Designated area.
(a) 
No licensed cannabis cultivator (Class 1), cannabis manufacturer (Class 2), cannabis wholesaler (Class 3), or cannabis distributer (Class 4) shall be located within the following distances from the specified land uses listed below:
(1) 
One thousand feet from place of worship, schools, playgrounds, parks, recreational facility, residence, mobile home parks.
(2) 
One thousand feet from any premises serving alcohol.