Roselle Park City Zoning Code
ARTICLE XXIV
B-3 Arterial Business District 1
§ 40-2401 APPLICABILITY OF REGULATIONS.
[1980 Code § 128-96]
The regulations set forth in this Article or set forth elsewhere in Part 3 of this chapter and referred to in this Article are the district regulations in the B-3 Arterial Business District.
§ 40-2402 PERMITTED USES.
[1980 Code § 128-97; amended by Ord. No. 2174; Ord. No. 2197 § 1; Ord. No. 2345; Ord. No. 2373; Ord. No. 2383 § 1; Ord. No. 2526-2018; amended 6-15-2023 by Ord. No. 2729]
A.
A building or premises may be used only for the following uses:
1.
[1]The following retail business shall be permitted, provided that there is a total connected electric motor load for manufacturing or processing of not more than ten (10) horsepower, and further provided that no steam plant shall carry steam at more than one hundred (100) pounds pressure: bakery, carpenter shop, cleaning and dyeing shop, food processing shop, frozen food lockers, laundry, plumber, printing shop and car wash.
[1]
Editor's Note: Former Subsection A1, regarding Residence Office Building and Central Business Districts, was repealed 10-7-2021 by Ord. No. 2665, and Subsection A2 through 14 was redesignated as Subsection A1 through 13.
2.
Retail trade.
3.
Retail services.
4.
Banks and financial institutions—NASICS Group 5221.
5.
Institutional and public uses—NASICS Groups 71211, 8131 and 92.
6.
Restaurants, Caterers and Banquet Halls—NASICS Group 7221, 7222, 72232 and 722320, excluding exotic and/or pornographic entertainment or activities and excluding drive-in restaurants.
7.
Funeral Homes—NASICS Group 812210, excluding crematories.
8.
Motion Picture Theaters—NASICS Group 512131.
9.
Mortgage companies and mortgage brokers—NASICS Groups 522292 and 522310.
10.
Fitness and Recreational Sports Centers—NASICS Group 713940.
11.
Pet Grooming Services—NASICS Group 812910.
12.
Utility Trailer Merchant Wholesalers—NASICS Group 423110.
13.
Screen Printing Apparel & Textile Products—NASICS Group 323113.
14.
Insurance agencies and brokerage—NAICS Group 5242.
[Added 10-7-2021 by Ord. No. 2665]
B.
Any building used for any of the purposes enumerated in Subsection A1 through 9 above may not have more than 40%of the first floor devoted to storage purposes incidental to the primary use.
[Amended 10-7-2021 by Ord. No. 2665]
C.
Facades of storefronts, including signs, window displays and lighting or any retail store or other type of establishment with street exposure permitted under this Article shall conform to the following requirements:
1.
The use of the following types of attention-getting devices shall be prohibited:
a.
Direct, unshielded, flashing or intermittent lighting in the display windows or on the storefront.
b.
Sound device or apparatus for commercial advertising purposes, such as radio or phonograph amplifiers.
c.
Device or scheme using motion, such as pinwheels, motion pictures, live models or live demonstrations in the display windows, any of which of the aforementioned are disturbing to the senses of pedestrians or motorists using the adjacent sidewalk or street and which tend to impair the dignity and character of the district.
d.
Nothing appearing herein shall be construed to prohibit temporary holiday lighting.
D.
Uses permitted under § 40-2402 shall not be located or established in an existing frame house or in a building or structure or extending from an existing frame building.
E.
Retail store or establishment with street exposure shall be of a character consistent with and appropriate to a distinctive, high quality and refined office and business district.
F.
Conditional Uses. A building or premises shall be used in the zone only if it meets the following conditions:
2.
Medical Cannabis Dispensary, as defined in § 40-601.
[Added 10-3-2019 by Ord. No. 2587; amended 3-4-2021 by Ord. No. 2641; 6-15-2023 by Ord. No. 2729]
a.
Conditional Use Standards for Medical Cannabis Dispensaries.
(1)
One (1) Medical Cannabis Dispensary or Expanded ATC shall be allowed within the B-3 Arterial Business District.
(2)
There shall be no on-site sales of alcohol or tobacco products, and no onsite consumption of food, alcohol, tobacco, or cannabis by patrons.
(3)
No doctors' and/or physicians' offices shall be located on the same site as any state-licensed medical cannabis dispensary, and no recommendations from a doctor and/or physician for medical cannabis shall be issued onsite at any state-licensed medical cannabis dispensary within the Borough of Roselle Park.
b.
General Standards for Medical Cannabis Dispensaries.
(1)
To protect the public health, safety, and general welfare, and to prevent economic stagnation, site plan approval is required for a Medical Cannabis Dispensary as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D et seq.).
(2)
A Medical Cannabis Dispensary shall only be located on the ground floor (i.e. street-level) of any building in which it has been approved to be located.
(3)
A Medical Cannabis Dispensary shall not be located within 250 feet of the property line of any existing church, school, childcare center, or any existing public park.
(4)
Minimum gross floor area (GFA) shall be 2,500 square feet.
(5)
Minimum parking requirements shall be one space per 250 square feet of GFA.
(6)
Hours of public operation shall be limited to 9:00 a.m. through 9:30 p.m., Monday through Sunday.
(7)
The Medical Cannabis Dispensary shall comply with all setback or distance requirements established by law and in effect in the zone in which it is to be located as of the time of the licensee's application.
(8)
Signage shall comply with all existing regulations but shall not include language referring to "marijuana" or "cannabis" or use any symbols that indicate such,
c.
Design Standards for Medical Cannabis Dispensaries.
(1)
The facility shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. The ventilation system may be subject to periodic inspection by the Borough of Roselle Park Health Department and/or Building Department.
(2)
Each Cannabis Business Establishment shall submit a security plan to the Borough Police Department for their review and approval prior to issuance of a certificate of occupancy and every two (2) years thereafter. Said security plan shall demonstrate how the facility will maintain effective security and control of operations on a 24-hour basis. The plan should include the following at minimum, but not limited to:
(a)
Type of security systems to be installed.
(b)
Installation, operation, and maintenance of security cameras covering all interior and exterior parking lots, loading areas, and other such areas of the establishment.
(c)
A system for record keeping and tracking of all cannabis and cannabis related products and materials.
(d)
Type of lighting provided in and around the establishment.
(e)
Details of any on-site security team or personnel or armed guard(s) on the premises.
(3)
No outside storage of any cannabis, cannabis related products, or cannabis related materials shall be permitted.
4.
Cannabis Businesses, Expanded ATC facilities.
[Added 6-15-2023 by Ord. No. 2729]
a.
Conditional Use Standards for Cannabis Businesses and Expanded ATC facilities.
(1)
Cannabis Businesses in the B-3 Arterial Business District ("Cannabis Business Establishments") are limited to persons or entities holding a Class 1, Class 2, Class 3, Class 4 and Class 5 licenses ("licensee") established under P.L. 2021, c. 16 as issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey, and/or its successors (the "CRC"), or Expanded ATC facilities as defined in § 40-601.
(2)
There shall be no more than a total of two (2) Cannabis Business Establishments and/or Expanded ATC facilities within the B-3 Zone.
(3)
Cannabis Business Establishments and/or Expanded ATC facilities shall meet all requirements for licensure and hold an appropriate license issued by the CRC.
(4)
There shall be no on-site sales of alcohol or tobacco products, and no onsite consumption of food, alcohol, tobacco, or cannabis by patrons.
b.
General Standards for Cannabis Businesses and Expanded ATC facilities.
(1)
No Cannabis Business Establishment and/or Expanded ATC facilities will be allowed without approval of a site plan, upon public notice, submitted to the Municipal Land Use Board of the Borough of Roselle Park, who in their review and in the exercise of their discretion shall consider the site, its neighborhood, the health, safety and general welfare of the Borough and the properties adjacent to or affected by the proposed use. Such a site plan shall include no less than:
(2)
Cannabis Businesses Establishments and/or Expanded ATC facilities owned and operated by separate licensees shall be separated by 4,000 feet within the Borough.
(3)
A Cannabis Business Establishment and/or Expanded ATC facilities shall not be located within 1,000 feet of any school, except that a Class 5 Cannabis Retailer shall not be located within 1,500 feet of any school, and 500 feet of the property line of any existing church, childcare center, or any existing public park.
(4)
Minimum gross floor area (GFA) shall be 2,500 square feet.
(5)
Minimum off-street parking requirements shall be one space per 250 square feet of GFA or 35 spaces, whichever is greater.
(6)
Hours of public operation shall be limited to 9:00 a.m. through 9:30 p.m., Monday through Sunday.
(7)
The Cannabis Business Establishment and/or Expanded ATC facilities shall comply with all setback or distance requirements established by law and in effect in the zone in which it is to be located as of the time of the licensee's application.
(8)
Signage shall comply with all existing regulations but shall not include language referring to "marijuana" or "cannabis" or use any symbols that indicate such.
c.
Design Standards for Cannabis Business Establishments and Expanded ATC facilities.
(1)
The facility shall provide an air treatment system with sufficient odor-absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building. The ventilation system may be subject to periodic inspection by the Borough of Roselle Park Health Department and/or Building Department.
(2)
All Cannabis Business Establishment and/or Expanded ATC facility operations shall be conducted within a building. No operations shall be conducted outside a secure facility.
(3)
Each Cannabis Business Establishment and/or Expanded ATC facility shall submit a security plan to the Borough Police Department for their review and approval prior to issuance of a certificate of occupancy and every two (2) years thereafter. Said security plan shall demonstrate how the facility will maintain effective security and control of operations on a 24-hour basis. The plan should include the following at minimum, but not limited to:
(a)
Type of security systems to be installed.
(b)
Installation, operation, and maintenance of security cameras covering all interior and exterior parking lots, loading areas, and other such areas of the establishment.
(c)
A system for record keeping and tracking of all cannabis and cannabis related products and materials.
(d)
Type of lighting provided in and around the establishment.
(e)
Details of any on-site security team or personnel or armed guard(s) on the premises.
(4)
No outside storage of any cannabis, cannabis related products, or cannabis related materials shall be permitted.
§ 40-2403 PROHIBITED USES.
[1980 Code § 128-97.1; amended 7-15-2021 by Ord. No. 2660; 6-15-2023 by Ord. No. 2729]
Such uses stated in § 40-2103 are prohibited.
A.
Class 6 cannabis delivery services as said term is defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service licensed outside of the Borough.
§ 40-2404 HEIGHT REGULATIONS.
[1980 Code § 128-98]
A.
Where a lot or lots or part thereof in a B-3 Arterial Business District abuts a residential district, the lot or lots or part thereof so abutting shall be governed by the height regulations for the residential district abutting.
B.
No building in the B-3 Arterial Business District shall exceed six (6) stories or seventy-two (72) feet in height.
§ 40-2405 AREA REGULATIONS.
[1980 Code § 128-99]
A.
Front Yard. Front yards shall have a minimum depth of ten (10) feet; provided, however, that for each story in excess of three (3) stories, the required front setback shall be increased by ten (10) feet.
B.
Side Yard. For all one- and two-story buildings used for any purpose permitted in the B-3 District, the minimum width of one (1) side yard shall be ten (10) feet; the aggregate width of both side yards shall be twenty-five (25) feet. For each story in height by which the building exceeds two (2) stories, each side yard shall be increased in width ten (10) feet.
C.
Rear Yards. There shall be rear yards, the least dimensions of which shall have a depth of not less than fifteen (15%) percent of the average depth of the lot; provided, however, that such rear yard need not exceed twenty-five (25) feet.
D.
Lot Area and Frontage. For all uses permitted in the B-3 District, the minimum lot area shall be fifteen thousand (15,000) square feet; the minimum frontage upon a public street shall be seventy-five (75) feet.
E.
Where a residential structure is authorized to be built in a district, the front, side and rear yard requirements shall be the same as the requirements for the district where such residential structure would be permitted.