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Victory Gardens City Zoning Code

§ 23-7.6

Performance Standards for a Cannabis Dispensary.

[Added 11-10-2020 by Ord. No. 11-10-20(1)]
a. 
Performance Standards. In addition to the performance standards set forth in Section 21-14 of Chapter 21 of the Borough Code, the following shall apply to a Cannabis Dispensary in the B District.
1. 
Odor. A Cannabis Dispensary shall have equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system and 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 an adjacent property, within public rights-of-way, and/or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building.
2. 
Noise. A Cannabis Dispensary shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and/or other noise-generating equipment or machinery including, but not limited to, power supply, cooling and/or ventilation equipment.
3. 
Security. A Cannabis Dispensary shall be secured and shall have full-time security protocols. All sites must be equipped with security cameras covering all exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of cannabis products. Footage must be maintained for the duration required under State law. All facilities must provide the New Jersey State Police and/or any other law enforcement agency with access to security footage immediately upon request by the New Jersey State Police and/or any other law enforcement agency. To the extent not already required by the entity's State license, all licensed facilities must provide at least one security guard (or more if required by the State) during all times the facility is open to the public. At a minimum, the security guard shall be a State Certified Security Officer whose certification is in good standing.
4. 
Permitted Zone District. A Cannabis Dispensary shall only be permitted in the B District and shall be subject to all requirements of the Municipal Land Use Law, including, but not limited to, a public hearing and site plan approval by the Borough of Victory Gardens Planning Board. A Cannabis Dispensary shall comply with all other requirements for the B District including, but not limited to, all setback and/or distance requirements.
5. 
Location. Only one Cannabis Dispensary shall be located in the B District as permitted.
6. 
Hours of operation. Hours of public operation of a Cannabis Dispensary shall be limited to no earlier than 8:00 a.m. and close no later than 10:00 p.m. daily.
7. 
Buffering. As applicable, and to the fullest extent possible, a Cannabis Dispensary must provide for adequate buffering from surrounding uses.
8. 
On-site consumption. There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco, or marijuana and/or any marijuana products by any patrons. Salespersons/ operators of the facility shall not consume marijuana and/or marijuana products on site.