[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.
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.
