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AN ORDINANCE AMENDING THE CITY OF NEWARK ZONING ORDINANCE, TITLE XLI, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, 2000, BY AMENDING THE DEFINITIONS AND ADOPTING LAND USE REGULATIONS PERTAINING TO MEDICAL MARIJUANA TREATMENT CENTERS.
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WHEREAS, the City of Newark Municipal Council (the "Municipal Council"), pursuant to N.J.S.A. 40:55D-62, may adopt or amend a Zoning Ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon; and
WHEREAS, the State of New Jersey has permitted the use of medical marijuana in certain circumstances via the Compassionate Use Medical Marijuana Act, P.L. 2009, c.307 (2010) codified at N.J.S.A. 24:6I-1, et seq. (the "CUMMA"), as amended and supplemented, and its implementing rules and associated regulations; and
WHEREAS, the Municipal Council seeks to permit the use of land and buildings within the City of Newark as Medical Marijuana Alternative Treatment Centers (ATC), medical marijuana cultivation facilities, and medical marijuana manufacturing facilities in accordance with the CUMMA and State Law; and
WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-64, sought the recommendations of the Newark Central Planning Board relative to these issues; and
WHEREAS, on August 28, 2018 the Municipal Council referred the draft proposed ordinance amending the Zoning Ordinance establishing permitted uses for Medical Marijuana Alternative Treatment Centers (ATC) to the Central Planning Board for formal review, report and recommendations as required by N.J.S.A. 40:55D-26; and
WHEREAS, the Central Planning Board, at its October 15, 2018 regular meeting, confirmed that the proposed amendment is substantially consistent with the City's land use plan element, in accordance with the provisions of N.J.S.A. 40:55D-62.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE ...
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