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Sussex City Zoning Code

§ 19-9.3

Conditional Uses.

[Ord. 9/5/78, S9.3; Ord. 05-2000, S3; amended 8-10-2021 by Ord. No. 2021-14; 4-2-2024 by Ord. No. 2024-03]
The following uses shall be permitted only after review and approval by the planning board or the zoning board of adjustment in accordance with the regulations governing the approval of conditional uses as set forth in this chapter:
a. 
Parking area commercial.
b. 
Personal wireless telecommunication facilities and personal wireless telecommunication equipment facilities, as defined in section 19-3, shall be permitted as a conditional use, subject to the provisions of Subsection 19-16.7.
c. 
Cannabis retailer (as such term is defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33). Cannabis retailers shall meet the following conditions when permitted as a conditional use:
1. 
Location. The cannabis retailer facility shall front on Main Street, Newton Avenue or Route 23.
2. 
Building. Cannabis retailers shall be in a building separate and distinct from a building containing growing operations. All cannabis retailers shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc. Cannabis retail operations shall not be combined with other permitted uses.
3. 
Site plan approval. All cannabis retailers require site plan approval. A zoning certificate cannot be issued until Board approval is obtained. When seeking site plan approval, cannabis retailers shall submit a safety and security plan, an emergency services access plan and a plan for disposal of cannabis waste.
4. 
Accessibility. Any cannabis retailer shall only have one primary public access point, which shall be directly adjacent to the public right-of-way or parking area of the building. Access shall not be through common entrances with other uses.
5. 
Hours of operation. Opening no earlier than 9:00 a.m. and closing no later than 10:00 p.m.
6. 
Interior security. Cannabis retailers interiors shall provide a secure location for storage of products with a minimum amount of products displayed in any customer service area.
7. 
Product consumption. No products shall be permitted to be consumed on-site.