West New York City Zoning Code
ARTICLE XIX
Cannabis Retail Overlay Zone CROZ.
§ 414-113 Cannabis Retail Overlay Zone (CROZ).
A.
Purpose.
(1)
To permit the establishment of two cannabis retailer establishments, as defined herein, within the Town of West New York, through the mechanism known as overlay zoning.
[Amended 4-17-2024 by Ord. No. 8/24]
(2)
To establish appropriate controls for such establishment so as to protect and promote public safety and quality of life for persons residing and businesses existing in proximity to the establishment.
(3)
The CROZ shall be limited to those properties currently designated C-R, Retail Service Commercial in Block 84, 94, 96, 98, 104, 107, 108, 109, and 112 also known as Bergenline Avenue, between 49th and 55th Street.
B.
Effect on underlying zoning.
(1)
As an overlay zone, the CROZ does not replace the existing, or "underlying," zone(s).
(2)
Any person or entity that wishes to use or develop upon a property within the CROZ shall have the option to use or develop the property in accordance with the regulations of either the CROZ or the existing/underlying zone.
C.
Conditional uses. Any use that is not specifically identified in this subsection is prohibited in this zone.
(1)
Cannabis retail establishments fitting the Class 5 license category under P.L. 2021, c. 16, also known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act").
D.
Conditions.
(1)
Any and all storage associated with the establishment, including refuse and other solid wastes, shall be stored in a building in a secure fashion.
(2)
Refuse and solid waste shall be collected off of the property by a private hauler.
(4)
Shall not include any indoor or outdoor seating or assembly areas for customers or the public, except for seating that may otherwise be required for health, safety, or accessibility for persons with disabilities.
(5)
Marijuana or cannabis consumption shall be prohibited on the premises.
(6)
No retail cannabis or cannabis paraphernalia shall be displayed in any storefront window.
(7)
The establishment shall not be engaged in growing (cultivating), manufacturing, business to business distribution, wholesale, or delivery to consumer operations from the facility.
(8)
If located in a multitenant or mixed-use building, no part of the retail space where cannabis is stored shall be directly accessible from any common area within the building such as common stairways or hallways.
E.
Bulk, height, and setback requirements shall be the same as the requirements for commercial retail and service uses in the underlying zoning.
F.
For the purpose of calculating parking in a manner consistent with § 414-25, the use shall have a parking requirement of one parking space per one square foot of gross floor area. A change of use shall not require parking.
G.
The establishment shall comply with the Act and with any regulations established and enforced by the Cannabis Regulatory Commission of New Jersey as well as any other lawful authority.
H.
Prohibited uses in all zone districts in the Town of West New York.
(1)
The following uses listed in Table 1 are not permitted, accessory or conditional uses and are prohibited in all zone districts in the Town of West New York. This list is not exhaustive of all uses that are prohibited.
Table 1 Uses Specifically Prohibited | |
|---|---|
Cannabis establishments meeting one or more of the following criteria: | |
• | "Cannabis cultivator" as defined in § 414-11B, except in any zone or overlay zone where such use is specifically permitted. |
• | "Cannabis manufacturer" as defined in § 414-11B. |
• | "Cannabis wholesaler" as defined in § 414-11B. |
• | "Cannabis distributor" as defined in § 414-11B. |
• | "Cannabis retailer" as defined in § 414-11B, except in any zone or overlay zone where such use is specifically permitted. |
• | "Cannabis delivery service" as defined in § 414-11B. |