Weehawken Township City Zoning Code
§ 23-5.1
Uses in all zones.
[Ord. No. 2-1979, § 17-5.1; Ord. No. 7-1983, § 2; Ord. No. 17-1998, § 1]
a.
Permitted uses.
1.
The following uses are permitted in all zones
(a)
Parks and playgrounds open to the public without charge together with recreational, administrative and service buildings appurtenant thereto.
(b)
Uses of land and buildings by the Township for government purpose.
(c)
Any outdoor agricultural use not involving the raising or keeping of animals, provided that no storage or use of odor or dust producing substance be permitted within 100 feet of any property line.
(d)
Fences, walls and hedges as regulated by this chapter.
(e)
Accessory buildings customarily incidental to the above uses.
(f)
Signs as regulated by § 23-12 of this chapter.
2.
Medical Cannabis Alternative Treatment Centers.
[Added 6-23-2021 by Ord. No. 9-2021]
(a)
Within the B-1 (Shopping Center Business) and SW (Special Waterfront) Districts, a duly licensed Medical Cannabis Alternative Treatment Center may be established and operate within the Township of Weehawken, so long as such center(s) are authorized by, and operate in full compliance with the "Jake Honig Compassionate Use Medical Cannabis Act," P. L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
(b)
Within the R/B-1 (Multi-Family with Business) and R/B-2 (High Rise Multi-Family with Business) Districts of the Township of Weehawken, a duly licensed Medical Cannabis/Marijuana Dispensary may be established and operate, so long as such dispensary(ies) are authorized by, and operate in full compliance with, all applicable New Jersey State laws, rules and regulations.
b.
Uses prohibited. The following uses are prohibited in all zone districts (except as specifically noted) throughout the Township of Weehawken:
1.
All classes of cannabis establishments, all cannabis distributors and all cannabis delivery services, as said terms are defined in Section 3 of P.L. 2021, c. 16, except as follows:
[Amended 2-28-2018 by Ord. No. 03-2018; 6-23-2021 by Ord. No. 9-2021]
(a)
A cannabis delivery service, duly licensed by another jurisdiction and lawfully operating from such location outside the Township of Weehawken, may transport and/or deliver cannabis items and related supplies within the Township of Weehawken if and as may be permitted under the terms and provisions of its said license.
c.
Uses prohibited in the residence districts (R-1, R-2, R-3, R-4, R/B-1 and R/B-2 Zones). No rooftop shall be used for dwelling purposes or for purposes accessory to a dwelling (such as, but not limited to, a sundeck, a dining facility or any other similar purpose). No rooftop structure shall be used for a greenhouse, as part of the living area of a dwelling unit, or for any other similar purpose.
d.
Conditional uses. The following use(s) listed in this Subsection 23-5.1d are not permitted by right in any district and possess characteristics of a nature such as to require special review and the application of special standards before being permitted, in order to assure an orderly and harmonious arrangement of land uses in the district and in the community. Such uses may be permitted conditionally, only upon issuance of a special use permit by the Weehawken Planning Board, after public hearing.
[Added 2-28-2018 by Ord. No. 03-2018]
1.
Arcades.
(a)
Arcades may be permitted only as a conditional use, upon issuance of a special use permit.
(1)
Before a special use permit is issued, the appropriate Board shall find that the proposed use:
(i)
Will be properly located in regard to transportation, water supply, waste disposal, fire protection and other facilities;
(ii)
Will not create undue traffic congestion or traffic hazard;
(iii)
Will not adversely affect the value of property, character of the neighborhood or the pattern of development;
(iv)
Will encourage an appropriate use of land consistent with the needs of the Township; and
(v)
Will not impair the public health, safety or welfare and will be reasonably necessary for the public health or general welfare and interest.
(2)
Before any special use permit is issued, the appropriate Board shall determine that all applicable requirements of this chapter have been met and may impose any additional requirements to assure that the proposed use will be in harmony with the character of the district and will not materially impair the use or value of adjacent properties. Before imposing such conditions, the Board shall consider the following:
(i)
Location and intensity of use;
(ii)
Location and height of buildings;
(iii)
Traffic access and circulation;
(iv)
Location and extent of parking and loading areas;
(v)
Location, extent and types of exterior artificial lighting devices and advertising devices;
(vi)
Landscaping, screening and fencing; and
(vii)
Probable extent of noise, vibration, smoke, dust or other adverse influences as compared to similar influences incident to unconditionally permitted uses in the district.
(3)
The Board may impose a limit on hours of operation upon a finding that such limit is necessary to the conditions set forth in this section.
(b)
Time limit. No special use permit for any coin-operated amusement device(s) shall be granted for a period longer than two years.
(c)
Literal enforcement.
(1)
The Planning Board, upon a showing of good cause, may, at the time it grants a special use permit for any coin-operated amusement device, modify or delete any condition otherwise required by this section if it finds that the condition imposes an undue hardship upon the applicant and the requirement is, as applied to the proposed business location, unnecessary for the protection of the health, safety or welfare of the public, the patrons of the establishment or surrounding residences or businesses.
(2)
The Planning Board may impose any additional conditions upon the granting of any such special use permit which it determines are necessary or desirable to effectuate the purposes set forth in this section.
(d)
Review. Conditional uses as may be permitted by special use permit shall be subject to site plan and architectural plan reviews and approved by the Planning Board, subject to the requirements of the Weehawken Planning Board review regulations.
(e)
Space requirements.
(1)
Site area. Site areas shall be adequate to provide for access, egress and off-street parking, landscaping and buffering as required under the respective subparagraphs following.
(2)
Floor area. The minimum floor area for coin-operated amusement devices, in order to avoid overcrowding, shall be a minimum width of two feet provided between each machine where the machine is designed for the use of one player and 3 1/2 feet where the machine is designed for use by two players. The depth of the space in front of the machine shall be at least five feet, and there shall be a minimum aisle beyond this five-foot space of an additional three feet. Fire Underwriters' Code requirements shall also be complied with.
(f)
Parking. There shall be one additional on-site, off-street parking space provided for every two coin-operated amusement devices in addition to that which may otherwise be required.
(1)
To eliminate any obstruction of the public sidewalk and entryway to the facility, a special area shall be set aside and designated for bicycle parking, where bicycle racks shall be provided.
(2)
Bicycle racks shall be provided within 25 feet of any game area and must provide a total of at least one bicycle stall for every two coin-operated amusement devices located within the arcade. Bicycle racks shall not be located in any required landscaped areas, entrances, exits, walkways to buildings, driveways, within any legally required parking spaces, public way, or in such a fashion as to obstruct any entrance or exit to any premises.
(g)
Restrooms. Whenever coin-operated amusement devices exceed, in any one establishment, two in number, the minimum restroom facilities shall consist of two toilet and lavatory facilities accessible to customers.
(h)
Signs. Readily visible signs shall be installed, with their location, size, and text shown in the plans submitted to the Planning Board, indicating that the use of coin-operated amusement devices by persons under 16 years of age shall not be permitted during normal school hours; and where the premises are used primarily for the serving or consumption of liquor, that the use of amusement machines by persons under the age of 19 is prohibited at all times.
(i)
Noise. The arcade shall be designed and/or laid out so that no sound from any game machines shall be discernible in any adjacent premises.
(j)
Hours of operation. Hours of operation shall be between the hours of 9:00 a.m. and 10:00 p.m. and shall not be operated between the hours of 10:00 p.m. and 9:00 a.m.
(k)
Age limit. No persons under the age of 16 years shall be permitted on the premises of coin-operated device before the hour of 4:00 p.m. on any day the Weehawken public schools are in session unless accompanied by a parent or legal guardian.
(l)
Code requirements. No site plan approval shall be granted an establishment housing one or more coin-operated amusement devices unless the licensed premises shall meet all requirements of the fire, housing, building, sanitary, and electrical and plumbing requirements of the Township.
(m)
Revocation of site plan approval or license. Any site plan approval and/or license granted under this chapter may be revoked, in accordance with due process of law, for any of the following reasons:
(1)
The violation of any of the provisions of this chapter.
(2)
The violation of any law, ordinance, rule or regulation of any governmental officer, agency or department governing or applicable to the maintenance or conduct of the premises upon which such device is located.
(3)
Upon conviction of the licensee, holder of a license, or any person in responsible charge of the premises, of a crime.
(4)
Upon the recommendation of the Director of Public Safety in writing, stating the reasons therefor.
(5)
Otherwise, if for cause.