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West Cape May City Zoning Code

§ 27-29

CONDITIONAL USES.

[Ord. No. 428-09 § 27-29; Ord. No. 539-2018]
a. 
Restaurants Serving Alcoholic Beverages.
1. 
Restaurants serving alcoholic beverages shall have a minimum lot area of 5,000 square feet.
2. 
Except as provided below in Subsection b. On-premises alcoholic beverage services will be limited to restaurant establishments serving food. Restaurants may have an ancillary bar area, but only in conjunction with the restaurant. No stand-alone or bar-only operations are permitted.
3. 
The bar area shall contain no more than 20% of the number of seats in the dining area.
4. 
All refrigeration and generator equipment shall be contained within the building. Mechanical heating and cooling shall be located on the roof.
5. 
There shall be a specified area for collection of trash and recycling. The area shall be suitably enclosed. There shall be separate collection areas for trash and recycling, and cooking oil and grease.
6. 
There shall be a specified exterior "wash down" or "cleanup area" for the cleaning of floor mats, furniture, etc.
7. 
Each restaurant shall provide parking for patrons as specified in Subsection 27-27.3 Parking, including both dining area and bar seats.
8. 
Trash pickup/removal shall occur a minimum of two times per week.
b. 
Breweries and Distilleries.
1. 
The license holder of a Limited Licensed Brewery (hereafter brewery), licensed by the State of New Jersey, is permitted to brew and sell malt alcoholic beverages, as per N.J.S.A. 33:1-10(1b), at a Limited Licensed Brewery in the Borough of West Cape May for consumption on premises and for consumption off premises in quantity of not more than 15.5 fluid gallons per person.
2. 
The license holder of a Craft Distillery License (hereafter distillery) licensed by then State of New Jersey is permitted to manufacture and sell distilled alcoholic beverages as per N.J.S.A. 33:1-10(3) for consumption on premises and for consumption off premises of not more than 5 liters per person.
3. 
The brewery and/or distillery may operate for business to serve customers seven days per week. On Sundays the brewery or distillery may not conduct business by serving customers before twelve o'clock noon. Sundays through Thursday, the brewery or distillery shall stop serving customers no later than 10:00 p.m., and on Friday and Saturday shall stop serving customers no later than 11:00 p.m. The customers in the above facilities may remain for an hour after service cut off time to finish that which they have been served. Notwithstanding the above, breweries and distilleries are permitted to manufacture their product at any time during any day.
4. 
The brewery or distillery shall not sell food or operate a restaurant on the licensed premises including any outdoor facility of the brewery or distillery. Pretzels, potato chips, nuts, and other such ready prepared finger food snacks are permitted so long as they are provided without charge.
5. 
The brewery or distillery may provide for an outdoor seating facility in Subsection 27-27.15 of this Code, which shall be controlled by and adjacent to the brewery or distillery, and within the commercial district, provided that the Alcoholic Beverage Control (ABC) has approved such outdoor seating within the licensed premises area.
6. 
Plans shall be submitted that include a scale diagram of the entire interior of the brewery or distillery showing the location of all receiving, storage, brewing or distilling area, servicing, seating and waiting areas, waste removal and garbage storage areas, and the intended location of tables, counters, bars and their respective seats or chairs.
7. 
Storage of waste materials and garbage shall be in enclosed containers, such containers shall be stored inside the main building or in a separately enclosed structure that will completely confine odors and obstruct view of the waste/garbage.
8. 
A system to vent brewing or distilling and other exhausts and odors shall be provided so that the exhaust and odor shall not offense or disturb nearby commercial or residential uses or intrude on any street, sidewalk, or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating oils, grease, and odors from the exhaust. Such vents shall be interior and exist through the roof.
9. 
A brewery or distillery use is to be considered the principal use or any structure and not an accessory use.
10. 
Each brewery or distillery shall provide parking for patrons as specified in Subsection 27-27.3 Parking.
c. 
Properly licensed cannabis manufacturing, wholesaling and/or distributing operations, subject to the following conditions:
[Added 7-14-2021 by Ord. No. 603-21]
1. 
The facility shall meet all of the requirements for licensure by the New Jersey Cannabis Regulatory Commission and/or the New Jersey Department of Health.
2. 
Enclosed building. All cultivation, manufacturing, storage and distribution activities shall take place within enclosed building or greenhouse structures. The facility shall be the sole occupant of its building.
3. 
Fencing. All structures utilized for any manufacturing, wholesaling, storage or distribution of cannabis shall be enclosed by a fence at least seven feet high.
4. 
Security. All structures shall be designed, using safety and security barriers, to prevent the unlawful and unauthorized entry into the structures as prescribed by state law.
(a) 
There shall be controlled access to the site, with 24/7 on-site video monitoring of the exterior and interior of the facility, which video shall be retained and stored for the period prescribed by state law, but in no case shall such video be retained and stored for less than 30 days.
(b) 
Plans and reports depicting or describing access and security details information concerning the facility shall be deemed and protected as confidential security documents, exempt from disclosure as public records.
5. 
There shall be no direct sales to the public from the property. Nothing herein shall permit the retail sale of cannabis or marijuana products, the dispensing of cannabis or marijuana products, or the direct point sale or distribution of marijuana products except to other cannabis businesses licensed by the state.
6. 
Noise. Cannabis cultivation and manufacturing facilities shall operate in compliance with state and local noise laws and regulations, except in emergency situations requiring the use of a backup generator.
7. 
Odor. Cannabis cultivation and manufacturing operations shall utilize available technology to filter and recirculate air, so that odors are not discernible by a reasonable person beyond the property line.
8. 
Location. One thousand linear feet measured from the lot line of any residence, school, church, or park to the nearest portion of the building containing a cannabis use. The subsequent approval of a school or any other facility in proximity to the cannabis use shall not render any existing cannabis business a nonconforming use.
9. 
Emergency power. Cannabis cultivation and manufacturing operations shall have a backup generator, capable of maintaining, at a minimum, all electronic security systems in the event of a power failure.
10. 
Signs. Cannabis cultivation and manufacturing facilities shall only be permitted to have one sign, in compliance with sign requirements for the zone.
11. 
Lighting. No light generated by any cannabis cultivation and manufacturing activities shall result in measurable light changes at the nearest property boundary to each structure.
12. 
Consumption. No cannabis or cannabis product shall be smoked, eaten or otherwise consumed on the premises of any cannabis cultivation or manufacturing facility.
d. 
If a cannabis cultivation facility is combined with a cannabis manufacturing, wholesaling or distributing operation, it shall be located on a parcel of no less than five acres and shall comply with all conditions set forth in subsection c, above.
[Added 7-14-2021 by Ord. No. 603-21]