Avalon City Zoning Code
§ 27-6.1
Zoning District Regulations.
[Ord. No. 607-2009 § 27-6.1; Ord. No. 626-2010 § 2; Ord. No. 635-2010 § 2; Ord. No. 695-2014 §§ 3, 4]
e.
Site plan review and approval pursuant to Chapter 26, Subdivision and Site Plan Review, shall be required for any proposed use requiring a building permit other than a single- or two-family dwelling on a single and separate lot.
f.
The following uses are expressly prohibited in any and all zone districts in the Borough.
1.
Animal kennels.
2.
Bulk storage of products, which create an unusual danger of explosion or fire hazard, such as fireworks or explosives or gases, such as ammonia, chlorine, acetylene gas and others of like characteristics.
3.
Junkyards and automobile wrecking.
4.
The commercial manufacture, fabrication, processing, packaging or treatment of materials or goods.
5.
Any commercial use, which is a prima facie nuisance in the vicinity of residential or other business uses, by reason of smoke, odor, noise, fumes, vibration or intensive light.
6.
Wind Turbines, except in the P-U (Public Use) District.
7.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),[1] all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Avalon, except for the delivery of cannabis items and related supplies by a delivery service. This shall include, but not be limited to, any business or enterprise of any nature whatever that is engaged in the cultivation, manufacturing, testing, sale, or distribution of medicinal and recreational marijuana and/or the paraphernalia that facilitates the use of such marijuana is prohibited within the Borough and in each of the several Zoning Districts thereof.
[Amended 4-10-2019 by Ord. No. 781-2019; 6-23-2021 by Ord. No. 822-2021]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
The Borough has further determined that any business or enterprise, regardless of licensure by the State of New Jersey, and engaged in the cultivation, manufacturing, wholesale, retail, testing or distribution of medicinal and recreational marijuana and/or the paraphernalia that facilitates the use of such marijuana is prohibited within the Borough and in each of the several Zoning Districts thereof.
g.
Principal Use. Only one (1) principal use is permitted on each lot or site. The exceptions are in the B-1, B-2, M-B, and R-M (Hotel-Motel) Districts, where multiple uses are permitted on a single lot as permitted in the zoning district as a conditional use.
h.
In accordance with the rules and regulations of the Americans with Disabilities Act, all handicapped accessibility structures are exempt from setback and lot coverage requirements in all zones.
i.
Commercial residential uses, specifically including resort houses, are prohibited in all zones except the R-M (Hotel-Motel) Zone.