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.
Prior to the hearing on the adoption of a zoning ordinance or any amendments thereto, the governing body shall refer any such proposed ordinance or amendment to the Planning Board as set forth under Article
II, §
150-30.
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.
I. Implement the purposes of Article
I, §
150-2.
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.
[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]
A. Definitions. For purposes of this §
150-118.2, the definitions set forth in §
202-12 are hereby incorporated herein.
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:
(2)
I-2/OC-Light Industry/Office Campus (Overlay) Zone (§
150-137.1 et seq.); and
(3)
P-I Pinelands Town Industrial District (§
150-201 et seq.).
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:
(1)
B-1 Central Business Zone (§
150-138 et seq.);
(2)
B-2 Highway Business Zone (§
150-139 et seq.);
(3)
B-3 Shopping Center Zone (§
150-140 et seq.); and
(4)
P-B2 Pinelands Town Highway Business District (New Jersey Route 40) Zone (§
150-200 et seq.).
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)
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:
MUNICIPAL BUILDING
Any building or structure owned, leased, controlled or used
by the Borough of Buena.
PUBLIC PARK
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.