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.
[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, but not the delivery of cannabis items and related supplies
by a delivery service.
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]
[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)
The following regulations shall be observed in the Redevelopment
Area Overlay Zone:
(a)
Lot size: 10,000 square feet.
(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.
(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.