[Amended 9-6-2005 by Ord. No. 34-2005; 8-2-2023 by Ord. No. 19-2023]
A. 
The governing body of the City may adopt or amend a Zoning Ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon. Such ordinance shall be adopted after the Planning Board has adopted the land use plan element and the housing plan element of a Master Plan, and all of the provisions of the Zoning Ordinance or any amendment or revision thereto shall either be substantially consistent with the land use plan element and the housing plan element of the Master Plan or designed to effectuate those plan elements. However, the governing body of the City may adopt a Zoning Ordinance or amendment or revision thereof which in whole or in part is inconsistent with or not designed to effectuate the land use plan element and the housing plan element, but only by an affirmative vote of a majority of the full membership of the governing body, with the reasons of the governing body for so acting set forth in a resolution and recorded in its minutes when adopting the Zoning Ordinance.
B. 
The Zoning Ordinance shall be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses and to encourage the most appropriate use of land. The regulations in the Zoning Ordinance shall be uniform throughout each district for each class or kind of buildings or other structures or uses of land, including planned unit development, planned unit residential development and residential cluster, but the regulations in one district may differ from those in other districts.
Prior to the hearing on adoption of a Zoning Ordinance or any amendments thereto, the governing body shall refer the proposed ordinance or amendments to the Planning Board pursuant to N.J.S.A. 40:55D-26.
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
Notice by personal service or certified mail shall be made to the Clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a zoning regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any Zoning Ordinance at least 10 days prior to the date of the hearing. Any notice provided herein shall include a copy of the proposed Zoning Ordinance or any proposed revision or amendment thereto.
A. 
Notice of a hearing on an amendment to the Zoning Ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board, shall be given at least 10 days prior to the hearing by the City Clerk to the owners of all real property as shown on the current tax duplicates located within 200 feet in all directions of the boundaries of the district in the case of a classification change and located within 200 feet in all directions of the proposed new boundaries of the district in the case of a boundary change.
B. 
A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning districts and proposed boundary changes, if any, by street names, common names or other identifiable landmarks and by reference to lot and block numbers as shown on the current tax duplicate in the office of the Tax Assessor.
C. 
The City Clerk shall execute affidavits of proof of service of the notices required by this section and shall keep the affidavits on file along with the proof of publication of the required public hearing on the proposed zoning change.
A. 
When considering the adoption of a Zoning Ordinance, revision or amendment thereto, the governing body shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full membership and shall record in its minutes the reasons for not following such recommendation.
B. 
Failure of the Planning Board to transmit its report within the thirty-five-day period shall relieve the governing body from the requirements of this section in regard to the proposed Zoning Ordinance, revision or amendment referred to the Planning Board.
A. 
A Zoning Ordinance shall not take effect until a copy thereof shall be filed with the County Planning Board.
B. 
A Zoning Ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designed to effectuate the land use plan element of the Master Plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the County Planning Board.
A Zoning Ordinance may provide for conditional uses to be granted by the Planning Board according to standards which shall be clearly set forth with sufficient certainty to guide the Planning Board and developers in determining whether the proposed conditional use is suitable for the particular site.
"Nonconforming uses and structures" are uses or structures which do not conform with current zoning regulations, but whose continued existence is statutorily protected by virtue of having been lawful when first established. This statutory protection includes the right to repair or rebuild in the event of partial destruction, but does not include the right to enlarge a nonconforming structure or expand or intensify a nonconforming use.
A. 
Variances required if nonconforming use is changed or enlarged. An existing nonconforming use will be permitted to continue only if it is a continuance of substantially the same kind of use as that to which the premises were devoted at the time of the passage of the Zoning Ordinance. In that regard, nonconforming uses may not be changed or enlarged except where the change or enlargement is so negligible that it does not warrant administrative review. An owner desiring to change or expand a nonconforming use shall seek a variance pursuant to N.J.S.A. 40:55D-70(d)(2) of the Municipal Land Use Law.
B. 
Destruction of nonconforming uses and structures. The statutory protection of nonconforming uses and structures includes the right to repair or rebuild a nonconforming use or structure in the event of the partial destruction thereof. The case law interpreting the statutory reference to "partial destruction" does not allow rebuilding in every situation where the structure has not been destroyed.
C. 
Abandonment of use. The protection of the nonconforming use status shall be lost by abandonment of the nonconforming use. However, the mere cessation of the nonconforming use, in and of itself, does not result in the loss of the protected nonconforming use status. A cessation of use and an overt act or failure to act shall evidence an intent by the owner to abandon the use.
(1) 
An example of a cessation of use and an overt act evidencing an intent to abandon occurs when the owner of a structure changes a nonconforming use to a conforming use. Once that occurs, the owner has no right to resume the prior nonconforming use.
(2) 
An example of a cessation of use and a failure to act evidencing an intent to abandon occurs when the owner of a structure ceases to use it and fails to maintain the structure allowing it to fall into a state of disrepair.
A. 
Requests for rezoning may originate with, or be submitted by, the governing body of the City, the Planning Board or the Planning Director.
B. 
Requests for rezoning made by private applicants shall be submitted in writing to the City Clerk, who shall refer the request to the Planning Board within 10 days of its receipt. All such requests shall be in writing in a form prescribed by the Zoning Officer and include the following information:
(1) 
An application signed by the applicant or the attorney for the applicant which sets forth the block and lot numbers for the property in question and a brief description of the property location.
(2) 
Documentation which verifies property ownership.
(3) 
Fifteen copies of a detailed site plan with an engineer's seal which sets forth the property lines for the subject property and a delineation of any natural features, including wetlands. Dimensions for all buildings, property lines and setbacks must be shown.
(4) 
A map which shows the existing boundaries for the zoning district, together with a map which shows the proposed new boundaries for the zoning district.
(5) 
A statement why the rezoning of the lots, or a portion thereof, is substantially consistent with the land use plan element and the housing plan element of the Master Plan. Additionally, the applicant shall submit a statement as to why the rezoning of the lots in question is consistent with the character of the zoning district, and why the lots are suitable for the particular uses permitted in that zoning district.
(6) 
An application fee, if required by this chapter.
(7) 
The Planning Board or professional staff may require an impact evaluation analysis as set forth under Article VI.
C. 
All requests for rezoning made by private applicants shall be reviewed by the professional staff for completeness.
D. 
All requests for rezoning shall be reviewed by the Planning Board before a zoning ordinance is adopted by the governing body of the City. The Planning Board shall adopt a resolution which sets forth its recommendation. A report also may be provided by the Planning Director or the Planning Board in accordance with N.J.S.A. 40:55D-26.