[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A comprehensive ordinance regulating and limiting
the uses of land and the uses and locations of buildings and structures;
regulating and restricting the height and bulk of buildings and structures
and determining the area of yards and other open spaces; regulating
and restricting the density of population; dividing the City of North
Wildwood into districts for such purposes; adopting a map of said
City showing boundaries and the classification of such districts;
establishing rules, regulations and standards governing the subdivision
and development of land within the City; establishing a Planning Board;
and prescribing penalties for the violation of its provisions.
The short form by which this chapter may be
known shall be "The Land Development Ordinance of the City of North
Wildwood."
The chapter is adopted pursuant to N.J.S.A.
40:55D-1 et seq. in order to promote and protect the public health,
safety, morals and general welfare, and in the furtherance of the
following related and more specific objectives:
A. To secure safety from fire, flood, panic, and other
natural and man-made disasters;
B. To provide adequate light, air and open space;
C. To ensure that the development of the City of North
Wildwood does not conflict with the development and general welfare
of neighboring municipalities, the county and state as a whole;
D. To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment;
E. To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
F. To provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational and commercial
and industrial uses and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all New Jersey citizens;
G. To encourage the location and design of transportation
routes which will permit the free flow of traffic while discouraging
location of such facilities and routes which will result in congestion
or blight;
H. To provide a desirable visual environment through
creative development techniques and good civic design and arrangements;
I. To promote the conservation of historic sites and
districts, open space, energy resources, and valuable natural resources
in the state and to prevent urban sprawl and degradation of the environment
through improper use of land;
J. To encourage planned unit developments which incorporate
the best features of design and relate the type, design and layout
of residential, commercial, industrial and recreational development
of the particular site;
K. To encourage senior citizen community housing construction;
L. To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land;
M. To promote utilization of renewable energy resources;
N. To promote the maximum practicable recovery and recycling
of recyclable materials from municipal waste through the use of planning
practices designed to incorporate the State Recycling Plan goals and
to compliment municipal recycling programs; and
O. To further the goals and policies of the Master Plan
of the City of North Wildwood.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter imposes a greater restriction
than is imposed and required by other provisions of law or by other
rules, regulations or resolutions, the provisions of this chapter
shall control. Where other laws, rules, regulations or resolutions
require greater restrictions than are imposed by this chapter, the
provisions of such other laws, rules, regulations or restrictions
shall control.
[Amended 5-18-2021 by Ord. No. 1837]
A. All uses
not expressly permitted in this chapter are prohibited.
B. The following
classes of cannabis licenses, enumerated in P.L. 2021, c. 16, are prohibited in all zoning districts of the City of
North Wildwood, except for the delivery of cannabis items and related
supplies from outside the City limits by a delivery service.
(1) Class
1: cannabis grower, for facilities involved in growing and cultivating
cannabis;
(2) Class
2: cannabis processor, for facilities involved in the manufacturing,
preparation, and packaging of cannabis items;
(3) Class
3: cannabis wholesaler license, for facilities involved in obtaining
and selling cannabis items for later resale by other licensees;
(4) Class
4: cannabis distributor license, for businesses involved in transporting
cannabis items in bulk intrastate, from one licensed cannabis establishment
to another;
(5) Class
5: cannabis retailer license, for locations at which cannabis items
and paraphernalia are sold to consumers;
(6) Class
6: cannabis delivery license, for businesses providing courier services
for a licensed cannabis retailer in order to make deliveries of cannabis
items and related supplies to a consumer.
All applicable requirements shall be met at
the first time of erection, enlargement, alteration, moving or change
in use of a structure and shall apply to the entire structure or structures,
whether or not the entire structure or structures were involved in
the erection, enlargement, alteration, moving or change in use. Moreover,
no building or structure shall be erected, moved, altered, added to
or enlarged unless in conformity with this chapter, and no building,
structure or land shall be used for any purpose or in any manner other
than as specified in this chapter. Nothing in this chapter shall be
deemed to require a change in plans, construction, or intended use
of any buildings, structure or land on which actual construction or
the application for a permit and/or preliminary plans were lawfully
submitted to any governmental agency having applicable jurisdiction,
and said actions were begun and diligently pursued before the adoption
of this chapter.