A.
The municipal power to zone is a delegation of state powers. The
preconditions for municipal zoning are:
(1)
The adoption by the Planning Board of the land use and housing
elements of the Master Plan.
(2)
That the zoning regulations are substantially consistent with
the provisions of the Master Plan or designed to effectuate said provisions.
(3)
That the zoning regulations are drawn with reasonable consideration
of the character of each district and the suitability for particular
uses.
(4)
That the regulations are uniform throughout each district for
each type of building or structure or use of land.
B.
No zoning ordinance, amendment thereto or revision shall be submitted
to or adopted by initiative or referendum.
C.
The zoning ordinance shall provide for the regulation of any airport
hazard areas delineated under the Air Safety and Hazardous Zoning
Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), in conformity
with standards set by the Commissioner of Transportation.
D.
The zoning ordinance shall provide for the regulation of land adjacent
to state highways in conformity with the State Highway Access Management
Code adopted by the Commissioner of Transportation under Section 3
of the State Highway Access Management Act, P.L. 1989, c. 32 (N.J.S.A.
27:7-91); for the regulation of land with access to county roads and
highways in conformity with any access management code adopted by
the county under N.J.S.A. 27:16-1; and for the regulation of land
with access to municipal streets and highways in conformity with any
municipal access management code adopted under N.J.S.A. 40:67-1. This
subsection shall not be construed as requiring a zoning ordinance
to establish minimum lot sizes or minimum frontage requirements for
lots adjacent to but restricted from access to a state highway.
A protest against any proposed amendment or revision of a zoning
ordinance may be filed with the Borough Clerk, signed by the owners
of 20% or more either of the area of the lots or land included in
such proposed change or of the lots or land extending 200 feet in
all directions therefrom, inclusive of street space, whether within
or without Buena Borough. Such amendment or revision shall not become
effective following said protest, except by the favorable vote of
2/3 of all the members of the Buena Borough governing body.
The provisions of these articles shall be applied to:
A.
Limit and restrict buildings and structures to specified districts
and regulate them according to type, nature and extent of their use,
as well as regulate the nature and extent of the use of land for commerce,
industry, residence, agriculture or other purpose.
B.
Regulate bulk, height, number of stories, orientation and size of
buildings and structures; the percentage of a lot or development area
that may be occupied by buildings or structures; lot areas and dimensions;
and, for these purposes, specify regulatory techniques to govern the
intensity of land use and the provisions of adequate light and air,
including but not limited to the potential for utilization of renewable
energy sources.
C.
Establish reasonable standards of performance and standards for the
provision of adequate physical improvements under surety.
D.
Designate and regulate areas subject to flooding.
E.
Provide for and regulate conditional uses.
F.
Provide for senior citizen community housing.
G.
Require, as a condition of development approval, that no taxes or
assessments for local improvements are due or delinquent on the property
for which any application is made.
H.
Preserve the integrity of the Pinelands Area and historical sites.
A.
Model homes or sales offices within a subdivision and only during
the period necessary for the sale of new homes within such subdivision
shall not be considered a business use.
B.
The provisions of this chapter shall not be construed to discriminate
between public and private nonprofit day schools of elementary or
high school grades accredited by the New Jersey State Department of
Education.
C.
The provisions of this chapter shall not be construed to discriminate
between children who are members of families by their relationship
through blood, marriage or adoption and foster children placed within
such families by the Division of Youth and Family Services or a duly
incorporated child care agency and children placed pursuant to law
in single-family dwellings known as "group homes."
A.
Community residences for the developmentally disabled and community
shelters for victims of domestic violence shall be permitted in all
residential zones.
B.
The requirements pertaining to such residences or shelters shall
be the same as for single-family dwelling units located within said
residential zones, except that:
(1)
Those residences or shelters housing more than six persons, exclusive of resident staff, shall require a conditional use permit in accordance with the provisions of § 150-116 herein;
(2)
The Planning Board may deny approval of such permit to any residence
or shelter to be located within 1,500 feet of an existing community
residence or shelter; and
(3)
The Planning Board may deny any additional such permits if the
number of persons, other than resident staff, residing at such residences
or shelters within the municipality exceeds 50 persons or 0.5% of
the municipal population, whichever is greater.
Notwithstanding the provisions of any law to the contrary, family
day-care homes shall be deemed to be a home occupation and they shall
not be subject to more stringent restrictions than exist or apply
to all other home occupations in the particular residential zone in
which they may be located.
A.
Any nonconforming use or structure existing at the passage of this
chapter may be continued on the lot or in the structure so occupied,
and any such structure may be restored or repaired in the event of
partial destruction.
B.
A prospective purchaser, mortgagee or any person interested in land
which includes a nonconforming use or structure may apply, in writing,
for the issuance of a certificate certifying that the use or structure
existed prior to the adoption of this chapter. The applicant shall
have the burden of proof. The applicant shall apply for said certificate
within one year of the passage of this chapter or at any time to the
Board of Adjustment.
A.
Restoration prohibited. Except for the Pinelands Area of the borough,
if the cost to restore a partially destroyed structure is greater
than the tax-assessed value of the structure prior to the destruction,
restoration is prohibited.
[Amended 9-8-1992 by Ord.
No. 404]
B.
"Abandonment" means the cessation of a nonconforming use over a period
of six months by an apparent act, or failure to act, by the owner
or tenant. Such nonconforming use shall not thereafter be reinstated,
nor shall the structure be occupied except in conformance with this
chapter.
C.
Reversion prohibited. A nonconforming use once converted to a conforming
use shall not revert to the nonconforming use or to another nonconforming
use.
D.
Changing a valid nonconforming use to another nonconforming use shall
be by resolution of the Zoning Board of Adjustment unless the Zoning
Officer finds that the nonconforming use proposed to be installed
maintains or reduces the degree of nonconformity by reducing the number
of nonconforming units; or reduces on-site parking needs or changes
the type of parking, such as from trucks to small vehicles; or reduces
the intensity of the use; or makes other changes which encourage movement
toward conformity.
E.
The expansion of a nonconforming use requires a use variance and
shall be by resolution of the Zoning Board of Adjustment. See Article
XXI, § 150-238A(4).
F.
Review of plan required. All changes pertaining to nonconforming uses shall require the review of a plan in order to make an informed determination that the existing site conditions are adequate to serve the use and meet the minimum requirements for the public safety; said plan shall be approved by resolution of the Board. Refer to Article VIII, § 150-74.
G.
Additions to nonconforming structure. An addition to a nonconforming structure may be approved, provided that the use is a permitted use and that the addition itself complies with the regulations governing area and bulk as set by the zoning schedules, Article XVI.[1] Approval of a site plan is required. See Article VII, § 150-52.
[1]
Editor's Note: The zoning schedules are included at the end
of this chapter.
A.
Development on lots which do not conform to the standards set for the smallest lot permitted in the zone under this chapter, which have been duly recorded under law, may be used for the purpose permitted on the smallest lot which is standard in the zone, provided that the proposed construction meets the yard requirements set for the lot under the zoning schedules of Article XVI.[1]
[1]
Editor's Note: The zoning schedules are included at the end
of this chapter.
B.
Reduction prohibited. A nonconforming lot shall not be reduced in
area or dimensions.
[Added 8-13-2018 by Ord.
No. 669]
A.
Use variance. After a use variance has been granted by the Land Use
Board, in instances where further Board action (i.e., subdivision
or site plan approval) is not required, the applicant shall have one
year in which to institute commencement of the use. Said commencement
of use must be in compliance with all other regulatory requirements.
For example, occupancy of a structure shall not be deemed the commencement
of use in the event that appropriate construction permits and certificate
of occupancy have not been secured. After a use variance has been
granted by the Land Use Board, in instances where further Board action
(i.e., subdivision or site plan approval) is required, the applicant
shall have one year in which to secure said approval. Following commencement
of use, the use shall remain valid until there is intended abandonment
of said use.
B.
Bulk variance. After a bulk variance has been granted by the Land
Use Board, in instances where further Board action (i.e., subdivision
or site plan approval) is not required, the applicant shall have one
year in which to complete the construction which necessitated the
bulk variance. After a bulk variance has been granted by the Land
Use Board, as part of a subdivision or site plan approval, the applicant
shall be limited by the duration of said approval. Following completion
of the construction which necessitated the bulk variance, the bulk
variance shall remain valid as long as said construction remains.
C.
Conditional use. A conditional use approval, because it is always
companion to a site plan approval, shall be limited by the duration
of said site plan approval.
D.
Zoning permit. A zoning permit shall be valid for a period of six
months from date of issuance.
[Added 3-13-2023 by Ord. No. 725]
B.
Permitted use. In accordance with N.J.S.A. 24:6I-45(b) of the New
Jersey Cannabis Regulatory Enforcement Assistance and Marketplace
Modernization Act (CREAMM), all classes of cannabis establishments,
cannabis distributors or cannabis delivery services referred to as
Class 1, Class 2, Class 3, Class 4, Class 5 and Class 6 licensed cannabis
establishments shall be permitted uses in the following zoning districts,
subject to the standards applicable to permitted uses in those zones:
C.
Conditional use. In accordance with N.J.S.A. 24:6I-45(b) of CREAMM, Class 5 cannabis retail establishment ("cannabis retailer") shall be a conditional use, provided the standards set forth in § 150-118.2D are met, in the following zoning districts:
D.
Specific standards. A cannabis retailer that is a conditional use shall be permitted in the zoning districts set forth in § 150-118.2C, subject to the standards applicable to permitted uses in those zones, provided the following conditions are met:
(1)
No cannabis retailer shall be located within 1,000 feet of any property a) used for school purposes, including, but not limited to, universities, colleges, elementary school, charter school, secondary school, vocational school, kindergarten and preschool; or b) which is owned by or leased to any university, college, elementary school, charter school, secondary school, vocational school, kindergarten, preschool, or school board [collectively Items a) and b) shall be referred to as "school use"]. For purposes of measuring the buffer distances mandated herein and in Subsection D(2) and (3) below, the measurement shall begin at the outer boundaries or lot lines of the respective school use; residential zoning district [D(2)]; or church, public park or municipal building [D(3)].
(2)
No cannabis retailer shall be located within 300 feet of the
R-1, R-2, R-3, R-4, R-5, P-R3, and P-R4 Residential Zoning Districts.
(3)
CHURCH
MUNICIPAL BUILDING
PUBLIC PARK
No cannabis retailer shall be located within 500 feet of any church, public park or municipal building. For purposes of this § 150-118.2D(3), the terms "church," "public park" and "municipal building" shall have the following meanings:
Shall have the meaning set forth in § 150-5.
Any building or structure owned, leased, controlled or used
by the Borough of Buena.
A tract of land owned by the Borough of Buena, Atlantic County,
State of New Jersey, or a branch of government and available to the
general public for recreational purposes.
(4)
The cannabis retailer has obtained and provided to the Planning/Zoning
Board a resolution of support from Borough Council for the site that
is the subject of the site plan application.
(5)
Notice of the application has been given, and publication made,
pursuant to N.J.S.A. 40:55D-12.
(6)
A site plan application has been made for the lot, and the Planning/Zoning
Board has approved such conditional use, and the requirements and
conditions of site plan/conditional use have been met.
(7)
Advertisements, displays of merchandise, signs or any other
exhibit depicting the activities of the cannabis retailer placed within
the interior of buildings shall be arranged or screened to prevent
public viewing from outside such building.
(8)
Outdoor loudspeakers or other outdoor sound equipment advertising
or directing attention to the cannabis retailer, including, but not
limited to, prerecorded or live music or sounds, are prohibited.
