Bedminster City Zoning Code
ARTICLE 13
100 TITLE AND PURPOSE
§ 13-101 TITLE.
A comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and restricting the density of population; dividing the Township of Bedminster into districts for such purposes; adopting a map of said Township showing boundaries and the classification of such districts; establishing rules, regulations and standards governing the subdivision and development of land within the Township; establishing a Planning Board and a Zoning Board of Adjustment; and prescribing penalties for the violation of its provisions.
§ 13-102 SHORT TITLE.
The short form of which this chapter may be known shall be "The Land Development Ordinance of the Township of Bedminster."
§ 13-103 PURPOSE.
[Ord. #2000-12 § 1; Ord. #2013-013 § 2]
The chapter is adopted pursuant to N.J.S.A. 40:55D-1, et seq., in order to promote and protect the public health, safety, morals, and general welfare, and in furtherance of the following related and more specific objectives:
To secure safety from fire, flood, panic, and other natural and man-made disasters;
To provide adequate light, air and open space;
To ensure that the development of the Township of Bedminster does not conflict with the development and general welfare of neighboring municipalities, the county and State as a whole;
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational and commercial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
To encourage the location and design of transportation routes which will permit the free flow of traffic while discouraging location of such facilities and routes which will result in congestion or blight;
To provide a desirable visual environment through creative development techniques and good civic design and arrangements, with special attention to protection of the rural character of Bedminster's countryside.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources, and to prevent urban sprawl and degradation of the environment through improper use of land;
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial and recreational development to the particular site;
To encourage senior citizen community housing construction;
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
To promote the conservation of energy through the use of planning policies and practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources provided such utilization is accessory to and directly supportive of a use permitted by the Bedminster Land Management Ordinance and further provided that such utilization will not undermine the intent and purposes of Bedminster's Master Plan and Land Development Ordinance.
§ 13-104 INTERPRETATION OF STANDARDS.
The provisions of this chapter shall be held to be the minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules, regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed by this chapter, the provisions of such other laws, rules, regulations or restrictions shall control.
§ 13-105 PROHIBITED USES.
[Ord. #90-4 § 2; Ord. #90-12 § 1; Ord. #95-19 § 1; Ord. #97-36 § 1; Ord. #2013-013 § 3]
All uses not expressly permitted in a particular zone, including, but not limited to the following, are prohibited;
a.
Trailers, container trucks, automobile trailers or any vehicle or structure (i) designed to be mounted on wheels or other means of locomotion, used as a conveyance, or propelled or drawn by its own or other motor power, even if its wheels or other means of locomotion have been removed, or (ii) designed and constructed in such a manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade, except those used solely for recreational purposes, horse trailers and utility trailers, or temporarily as construction offices. The parking and storage of boats and trailers in residential zones shall be governed by subsection 13-602.5. Nothing herein shall prohibit the use of manufactured homes as permitted by N.J.S.A. 40:55D-100 et seq.
b.
Junk yards.
c.
The unconcealed accumulation of waste, rubbish or scrap, nor the outside storage of used or secondhand appliances such as refrigerators, stoves, hot water heaters, dishwashers, clothes washers or dryers, etc.
d.
Drive-in or drive-through restaurants.
e.
Low level radioactive waste disposal facilities, as defined pursuant to N.J.A.C. 7:60-1.2.
f.
Solar photovoltaic energy systems that are designed for off-site electric power consumption.
g.
Any and all classes of cannabis establishments, cannabis distributors, or cannabis delivery services for recreational purposes, including:
[Added 7-6-2021 by Ord. No. 2021-011]
1.
Cannabis cultivators, which is defined as any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers;
2.
Cannabis manufacturers, which is defined as any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers;
3.
Cannabis wholesalers, which is defined as any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers;
4.
Cannabis distributors, which is defined as any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from one licensed cannabis establishment to another licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities;
5.
Cannabis retailers, which is defined as any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer license shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer; and
6.
Cannabis delivery services, which is defined as any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
Such use shall be prohibited in all zones as stated herein. This prohibition does not apply to the delivery of cannabis items and related supplies by an outside delivery service. |
§ 13-106 COMPLIANCE.
[Ord. #2000-12, § 1]
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in the use of a structure or structures and shall apply with equal force to the entire structure and not be limited to the portion being erected, enlarged, altered, moved or changed.