Borough of Brooklawn, NJ Article II District Regulations

§ 150-6 Performance standards.

In any district, no land, premises or building or structure shall be used for any trade, industry or use which is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise or any other reason, nor shall there be permitted any use which constitutes or may constitute a fire or explosive hazard, except as provided in this chapter.

§ 150-6.1 Uses prohibited in all zones.

[Added 7-19-2021 by Ord. No. 14-2021; amended 11-21-2022 by Ord. No. 15-2022]

The following are prohibited uses:

A. All classes of cannabis establishments, cannabis distributors or cannabis delivery services referred to as Class 3, Class 4 and Class 6 businesses in the statute, as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.

[1] Editor's Note: See N.J.S.A. 24:6I-33.

§ 150-7 Regulations for A Residential District.

A. Permitted uses, in a residential district, land may be used (present use excepted) and buildings or structures may be erected, altered or used only for the following:

(1) One-family detached dwelling,

(2) One-family semidetached dwelling,

(3) Church, public or private school, parochial school, convent, rectory, manse, playground, park, public library, museum,

(4) Private garage, if consistent with Article VI,

(5) Municipal building conforming to surrounding properties,

(6) An office or studio, such as that of a physician, dentist, musician, artist, teacher, architect, lawyer or other professional person, when located within or directly attached to his or her dwelling which is used primarily as a dwelling, and home occupation, such as dressmaking or millinery, engaged in by persons only of the immediate family and within their own dwelling.

(7) An accessory use incident to any of the principal uses above listed.

B. Signs, fences and hedges.

(1) Business signs are permitted if consistent with Article VII and the borough ordinance regulating signs[1].

[1] Editor's Note: See Ch. 121, Signs.

(2) A fence, hedge or enclosure wall is permitted if consistent with Article VIII.

C. Accessory buildings. In a residential district, a detached accessory building shall be on the same parcel of land as the main building and shall be not less than three feet from any side or rear lot line and not closer to the front street line than the rear extremity of the main building. In the case of a corner lot, no detached accessory building or structure shall be closer to the side street line than the main building.

§ 150-8 Regulations for B Commercial District.

[Amended 8-92]

A. Permitted uses. In a commercial district, no land, building or structure may be used and no building or structure shall be altered or erected which is arranged, intended or designed to be used except for one or more of the following uses:

(1) Business office; store, display and sales room or other structure where goods, articles or appliances are sold primarily at retail; bowling alley; post office; theater; funeral parlor; restaurant; bank; personal service shops, e.g., tailor shop, shoe repair shop, hand laundry, barbershop, beauty parlor, package goods store, bakery, provided that in the permitted stores or shops, no merchandise shall be carried other than that intended to be sold at retail on the premises and where the service is rendered. It should be primarily for the convenience of those living in the community. If any machinery is operated by power, it shall be electric power only.

(2) Any municipal use as determined by the Borough Council of the Borough of Brooklawn.

[Added 10-17-2005 by Ord. No. 17-05]

(3) Limited breweries, which do not serve or sell food or operate a restaurant, as defined under § 151-2 of the Code of the Borough of Brooklawn.

[Added 7-10-2017 by Ord. No. 11-17]

B. Restrictions. No manufacturing, fabricating, converting, altering, finishing or assembling shall be permitted except as an incident to retail trade.

C. Definitions. For purpose of this ordinance, the following terms shall have the following meaning:

(1) Place of Business shall mean and includes any store, shop, tavern, bar, restaurant, pool hall, bowling alley, amusement arcade, ice skating rink, theater or premises wherein merchandise, food or drink is sold, or any combination or group of the foregoing, which business is maintained within one building or structure open to the public.

(2) Nudity. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering or any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.

(3) Automatic or manually operated still or motion picture device shall mean any device that provide visual entertainment by means of rapidly moving still picture frames produced on film or video tape in which it is necessary to insert a coin, slug, token, disc or key or make payment of some consideration in order to operate or cause to be operated by any such device.

(4) Specified Sexual Activities is defined as:

(a) Human Genitals in a state of sexual stimulation or arousal.

(b) Acts of human masturbation, sexual intercourse or sodomy.

(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(5) Specified Anatomical Areas is defined as:

(a) Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areola; and

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

D. Prohibited Uses. The following terms in the B Commercial District are hereby prohibited: Any place of business which sells or displays or loans for viewing by patrons on premises:

(1) Any live visual entertainment device that provides visual entertainment by means of live performances depicting nudity through glass or other transparent device operated by insertion of a coin, slug, token, disc or key for a price.

(2) Any automatic or manually operated still or motion picture devices or video tape players exhibiting films or material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specific anatomical areas as defined by this ordinance.

§ 150-9 Regulations for C Light Industrial District.

A. Permitted and prohibited uses. In any light industrial district, lands may be used and buildings or structures may be erected, altered or used for any lawful purpose except the following:

(1) One-family detached or one-family semidetached dwelling, apartment or any other multi- or single-family residential dwelling.

(2) Acetylene gas, ammonia, bleaching powder or chlorine manufacture; arsenal; asphalt manufacture or refining; blacksmith shop; blast furnace; brick or tile yard; building material manufacturing establishment; carbon, lampblack, shoeblacking or stove polishing manufacture; celluloid or other cellulose products manufacture; coal yard; coke ovens; creosote treatment or manufacture; distilling of coal, wood or bones; explosive, fireworks or match manufacture; fat rendering; fertilizer manufacture or potash refining; glue, size or gelatin manufacture and recovery from fish or animal offal; grain elevator; ice plant; incineration; reduction or dumping of offal, garbage or refuse; lime, gypsum, cement, plaster or plaster of paris manufacture; linoleum or oilcloth manufacture; lumberyard; oil or gasoline bulk storage; ore reduction; paint, oil, varnish, turpentine, shellac or enamel manufacture; petroleum refining; printing ink manufacture; pyroxylin plastic manufacture or articles therefrom; rawhides or skins storage, curing or tanning; rubber manufacture; sandpaper or emery cloth manufacture; sauerkraut manufacture; slaughtering of animals or sausage manufacture; smelting of iron, copper, tin, zinc or lead; soap, soda and washing compound manufacture; starch, glucose or dextrin manufacture; stockyards; sulfurous, sulfuric, nitric or hydrochloric acid manufacture; tallow, grease, lard or candle manufacture or refining; tar distillation or manufacture of dyes; tar roofing or waterproofing manufacture; vinegar manufacture; wool pulling or scouring; yeast manufacture; or junkyard.

(3) Operations of automatic amusement device arcade or pool hall.

[Added 2-14-83 by Ord. No. 1-83]

(4) Any municipal use as determined by the Borough Council of the Borough of Brooklawn.

[Added 10-17-2005 by Ord. No. 17-05]

B. Buffer areas. Where a light industrial district adjoins a residential district, a buffer area shall be provided sufficient to provide an effective screen along the adjoining residential district.

[Added 2-14-83 by Ord. No. 1-83]

§ 150-10 Regulations for D Shopping Center District.

In a shopping center district, land may be used and buildings or structures may be erected, altered or used for any of the uses provided in a commercial district and no other, and no dwelling, apartment or other residential use shall be permitted except for living quarters for a watchman or caretaker. All buildings or structures or combination of buildings or structures shall be constructed in accordance with an overall plan and shall be designed as a single architectural scheme with appropriate common landscaping and shall provide initially for the construction of a minimum of 15,000 square feet of ground floor area and a minimum of four of the permitted main uses, and:

A. All buildings shall be arranged in a group or in groups and the distance at the closest point between any two buildings or groups of attached buildings shall be not less than 12 feet.

B. No building shall exceed two stories.

C. No building or structure other than a permitted freestanding sign shall be erected within 50 feet of a major street or within 25 feet of any other street or property line.

D. Not more than 25% of the lot area shall be occupied by buildings.

E. Not less than one automobile parking space, exclusive of driveways and maneuvering areas and with suitable access, shall be provided for each 100 square feet of gross floor area devoted to selling and patron use.

F. Parking, loading or service areas used by motor vehicles shall be located entirely within the lot lines of the shopping center and shall be physically separated from public streets by a buffer strip or other effective and suitable barrier against unchanneled motor vehicle access or egress and shall not have more than two accessways to any public street. All such areas shall be arranged to facilitate proper and safe internal circulation and shall be paved with an acceptable hard surface.

G. All access ways to a public street or highway shall be located a minimum of 150 feet from the intersection of any street line and shall be designed in a manner conducive to safe ingress and egress. Where practicable, exits shall be located on a minor rather than a major street.

H. Along each side and rear property line which adjoins a residential district, a buffer strip shall be provided, on which shall be placed shrubbery, trees or other suitable plantings sufficient to constitute an effective screen. Along each street line bounding the district, a five-foot sidewalk shall be provided.

I. No sign or other structure shall be erected which will cause danger to traffic by obscuring the view, especially at or near access points.

J. All parking, loading, access and service areas shall be adequately illuminated at night. Such lighting, including sign lighting, shall be arranged so as to protect the highway and adjoining property from direct glare or hazardous interference of any kind.

K. Any municipal use as determined by the Borough Council of the Borough of Brooklawn shall be a permitted use in this district.

[Added 10-17-2005 by Ord. No. 17-05]

L. Limited breweries, which do not serve or sell food or operate a restaurant, as defined under § 151-2 of the Code of the Borough of Brooklawn.

[Added 7-10-2017 by Ord. No. 11-17]

§ 150-11 Regulations for E Park and Recreation District.

A. In a park and/or recreation district, no building, structures or vehicles shall be permitted except upon application to and approval of the Board of Adjustment. The Board of Adjustment, in passing upon any such application, shall only consider buildings, structures or vehicles that are non-profit-making and intended only for the recreation and enjoyment of residents of this Borough. The Board of Adjustment may require notice and hearing on any such application.

B. Any municipal use as determined by the Borough Council of the Borough of Brooklawn shall be a permitted use in this district.

[Added 10-17-2005 by Ord. No. 17-05]

§ 150-11.1 Regulations for Redevelopment Area Overlay Zone.

[Added 5-16-2005 by Ord. No. 9-05; amended 3-20-2017 by Ord. No. 6-17; 7-10-2017 by Ord. No. 15-17; 5-21-2018 by Ord. No. 6-2018]

A. Permitted, conditional and prohibited use regulations in the Redevelopment Area Overlay Zone.

[Added 8-19-2019 by Ord. No. 9-2019; 7-19-2021 by Ord. No. 15-2021]

(1) Permitted uses.

(a) Age-restricted residential uses.

(b) Mixed-use retail/office/residential having office and retail uses on the ground floor levels with residential above. Enclosed parking garages shall be permitted beneath mixed-use structures but not as stand-alone facilities.

(c) Professional and service-oriented offices consisting of but not limited to realtors, photographers, beauticians, barbers, attorneys, engineers, medical professionals, accountants and other specialized professions.

(d) Retail sales. Retail uses shall include the sale of clothing, jewelry, computer and electronic equipment, household appliances, stationery, gift shops, florists and other uses deemed by the redevelopment entity as appropriate and compatible with the intent of the redevelopment plan.

(e) Restaurants shall provide for customer seating and shall offer for sale prepared foods and alcoholic beverages (when permitted through proper licensing) for consumption on the premises.

(f) Water-dependent and codependent uses in that portion of the redevelopment area having frontage on Big Timber or Little Timber Creeks, including marina uses, retail boating and fishing equipment sales, waterfront uses and residential uses associated with waterfront development.

(g) Self-storage facilities within a maximum of 100 storage units for rent.

(2) Conditional uses.

[Amended 3-21-2022 by Ord. No. 4-2022; 11-21-2022 by Ord. No. 13-2022; 3-20-2023 by Ord. No. 5-2023]

(a) Alternative treatment centers which are authorized to grow and provide registered qualifying patients with usable marijuana and related paraphernalia (including cultivation, manufacturing, and/or dispensing of medical marijuana), in accordance with the provisions of the New Jersey Compassionate Use Marijuana Act, N.J.S.A. 24:6I-1 et seq., provided the following conditions are met:

[1] No alternate treatment center shall be located within 200 feet of any property used for school purposes or which is owned by or leased to any elementary school, secondary school or school board.

[2] No alternate treatment center shall be located within 50 feet of any residential zoning district or an adjacent community's residential-only zoning district.

[3] No alternate treatment center shall be located within 200 feet of another similar facility (i.e., alternative treatment center or authorized recreational marijuana retail facility).

[4] Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.

[5] 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.

[6] The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).

[7] In addition to the above:

[a] The location, size, activity, site layout, street access, pedestrian and vehicular movement, with compliant off-street parking facilities, shall be harmonious with surrounding land uses.

[b] The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.

[8] Hours of operation shall be restricted to 10:00 a.m. to 9:00 p.m., Mondays through Saturdays, and 12:00 noon to 5:00 p.m. on Sundays.

[9] Use or consumption in any manner of marijuana is not permitted on the premises of any medical marijuana dispensary at any time. No outside purchases may be consumed on the premises, nor shall consumption be permitted in any public place, including Borough parks, organized sports recreation facilities and any other municipal facility or Borough-owned property.

[10] Persons under the age of 21 years of age are not permitted to be on the premises of any medical marijuana dispensary at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.

[11] Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.

[12] Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, are prohibited.

[13] There shall be no more than a total of two alternative treatment centers and/or authorized recreational marijuana retail facilities in the Borough of Brooklawn.

(b) Authorized recreational marijuana retail facilities, involving the sale of marijuana and related paraphernalia for recreational purposes to members of the general public, pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq., provided the following conditions are met:

[1] No authorized recreational marijuana facility shall be located within 200 feet of any property used for school purposes or which is owned by or leased to any elementary school, secondary school or school board.

[2] No authorized recreational marijuana facility shall be located within 50 feet of any residential zoning district or an adjacent community's residential-only zoning district.

[3] No authorized recreational marijuana facility shall be located within 200 feet of another similar facility (i.e., alternative treatment center or authorized recreational marijuana retail facility).

[4] Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.

[5] 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.

[6] The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, particularly if it is located in the Historic District, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).

[7] In addition to the above:

[a] The location, size, activity, site layout, street access, pedestrian and vehicular movement, with compliant off-street parking facilities shall be harmonious with surrounding land uses.

[b] The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.

[8] Hours of operation shall be restricted to 10:00 a.m. to 9:00 p.m., Mondays through Saturdays, and 12:00 noon to 5:00 p.m. on Sundays.

[9] Use or consumption of marijuana is not permitted on the premises of an authorized recreational marijuana retail facility at any time. No consumption of marijuana shall be permitted in any public place, including Borough parks, organized sports recreation facilities and any other municipal facility or Borough-owned property.

[10] Persons under the age of 21 years of age are not permitted to be on the premises of any authorized recreational marijuana retail facility at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.

[11] Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.

[12] Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, are prohibited.

[13] There shall be no more than a total of two alternative treatment centers and/or authorized recreational marijuana retail facilities in the Borough of Brooklawn.

(c) Authorized cannabis cultivation and/or manufacturing facilities, involved in the growing and cultivating of cannabis, and/or involved in the manufacturing, preparation, and packaging of cannabis items, pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq., provided the following conditions are met:

[1] No authorized cannabis cultivation and/or manufacturing facility shall be located within 200 feet of any property used for school purposes or which is owned by or leased to any elementary school, secondary school or school board.

[2] No authorized cannabis cultivation and/or manufacturing facility shall be located within 50 feet of any residential zoning district or an adjacent community's residential-only zoning district.

[3] No authorized cannabis cultivation and/or manufacturing facility shall be located within 200 feet of another similar facility (i.e., alternative treatment center or authorized recreational marijuana retail facility).

[4] Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.

[5] 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.

[6] The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, particularly if it is located in the Historic District, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).

[7] In addition to the above:

[a] The location, size, activity, site layout, street access, pedestrian and vehicular movement, with compliant off-street parking facilities, shall be harmonious with surrounding land uses;

[b] The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent properties.

[8] Hours of operation shall be restricted to 10:00 a.m. to 9:00 p.m., Mondays through Saturdays, and 12:00 noon to 5:00 p.m. on Sundays.

[9] Use or consumption of marijuana is not permitted on the premises of an authorized cannabis cultivation and/or manufacturing facility.

[10] Persons under the age of 21 years of age are not permitted to be on the premises of any authorized cannabis cultivation and/or manufacturing facility at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.

[11] Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.

[12] Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, are prohibited.

[13] There shall be no more than one authorized cannabis cultivation and/or manufacturing facility in the Borough of Brooklawn.

(3) Prohibited uses.

(a) Metal fabrication shops or metal plating businesses.

(b) Warehousing or storage of goods of any type, including open-air, enclosed or semi-enclosed storage of bulk materials such as metal, lumber, soil, stone and containerized liquids or gases, except as is permitted in Subsection A(1)(g), above.

(c) Trucking terminals, bus depots, bus or truck storage yards and transfer stations of any kind.

(d) All prohibited uses currently outlined in § 150-9A(2) of Chapter 150 of the Code.

B. Area and bulk regulations. (Also see Schedule of Heights, Area and Bulk Requirements attached as Exhibit A.[1])

(1) The following regulations shall be observed in the Redevelopment Area Overlay Zone:

(a) Lot size: 10,000 square feet.

(b) Lot coverage: 70%.

(c) Height: Maximum number of stories is three, and maximum building height is 35 feet.

(d) Minimum front yard: 30 feet.

(e) Minimum rear yard: 20 feet.

(f) Side yards: 15 feet minimum with an aggregate of 35 feet.

(2) The following regulations shall be observed in Block 126, Lots 7 and 10, of the Brooklawn Redevelopment Area only:

[Added 8-19-2019 by Ord. No. 9-2019]

(a) Lot size: 10,000 square feet.

(b) Lot coverage: 90%.

(c) Height: maximum number of stories is three and maximum building height is 44 feet.

(d) Minimum front yard: 12 feet.

(e) Minimum rear yard: 10 feet.

(f) Side yards: zero feet minimum with an aggregate of 10 feet.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.