West New York, NJ Cannabis Regulations: Dispensary Zoning (2026)

Article XIX of Chapter 414 creates the Cannabis Retail Overlay Zone (CROZ) in § 414-113, added 8-4-2021 by Ord. No. 15/21 of the Board of Commissioners. The Town did not opt out of the retail market. Its stated purpose is to permit two cannabis retailer establishments within the Town of West New York through overlay zoning (the number two was set by amendment on 4-17-2024, Ord. No. 8/24).

Location: the CROZ is limited to properties currently designated C-R, Retail Service Commercial in Blocks 84, 94, 96, 98, 104, 107, 108, 109 and 112, also known as Bergenline Avenue between 49th and 55th Street. It is an overlay, so an owner can use the property under either the CROZ or the underlying zone. The only conditional use is a cannabis retail establishment fitting the Class 5 license category under P.L. 2021, c. 16, and any use not specifically identified is prohibited in the zone.

Operating conditions in § 414-113D: all storage, including refuse, stays inside a building, and a private hauler collects refuse. Signs cannot show a marijuana leaf and must comply with § 414-24. There can be no indoor or outdoor customer seating or assembly areas, except seating required for health, safety or accessibility. Consumption on the premises is prohibited, and no cannabis or paraphernalia can be displayed in a storefront window. The establishment cannot grow, manufacture, distribute business to business, wholesale or deliver to consumers from the facility. In a multitenant or mixed-use building, the retail space where cannabis is stored cannot open directly onto a common stairway or hallway.

Bulk, height and setback rules follow commercial retail and service uses in the underlying zoning (§ 414-113E). Section 414-113F sets a parking requirement of one parking space per one square foot of gross floor area, and a change of use does not require parking. Table 1 in § 414-113H prohibits cultivators, manufacturers, wholesalers, distributors and delivery services in all zone districts, and prohibits cultivators and retailers except where a zone or overlay specifically permits them.