The municipal power to zone is a delegation of state powers. The preconditions for municipal zoning are:

No zoning ordinance, amendment thereto or revision shall be submitted to or adopted by initiative or referendum.

The zoning ordinance shall provide for the regulation of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), in conformity with standards set by the Commissioner of Transportation.

The zoning ordinance shall provide for the regulation of land adjacent to state highways in conformity with the State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the State Highway Access Management Act, P.L. 1989, c. 32 (N.J.S.A. 27:7-91); for the regulation of land with access to county roads and highways in conformity with any access management code adopted by the county under N.J.S.A. 27:16-1; and for the regulation of land with access to municipal streets and highways in conformity with any municipal access management code adopted under N.J.S.A. 40:67-1. This subsection shall not be construed as requiring a zoning ordinance to establish minimum lot sizes or minimum frontage requirements for lots adjacent to but restricted from access to a state highway.

Limit and restrict buildings and structures to specified districts and regulate them according to type, nature and extent of their use, as well as regulate the nature and extent of the use of land for commerce, industry, residence, agriculture or other purpose.

Regulate bulk, height, number of stories, orientation and size of buildings and structures; the percentage of a lot or development area that may be occupied by buildings or structures; lot areas and dimensions; and, for these purposes, specify regulatory techniques to govern the intensity of land use and the provisions of adequate light and air, including but not limited to the potential for utilization of renewable energy sources.

Establish reasonable standards of performance and standards for the provision of adequate physical improvements under surety.

Designate and regulate areas subject to flooding.

Provide for and regulate conditional uses.

Provide for senior citizen community housing.

Require, as a condition of development approval, that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.

Preserve the integrity of the Pinelands Area and historical sites.

Implement the purposes of Article I, § 150-2.

Model homes or sales offices within a subdivision and only during the period necessary for the sale of new homes within such subdivision shall not be considered a business use.

The provisions of this chapter shall not be construed to discriminate between public and private nonprofit day schools of elementary or high school grades accredited by the New Jersey State Department of Education.

The provisions of this chapter shall not be construed to discriminate between children who are members of families by their relationship through blood, marriage or adoption and foster children placed within such families by the Division of Youth and Family Services or a duly incorporated child care agency and children placed pursuant to law in single-family dwellings known as "group homes."

Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be permitted in all residential zones.

The requirements pertaining to such residences or shelters shall be the same as for single-family dwelling units located within said residential zones, except that:

The Planning Board shall approve conditional uses in accordance with the specifications and standards set under Article XVII. The Board shall grant or deny a complete application within 95 days of its submission.

The Board shall process the application and review a site plan in accordance with the provisions of Article VII.

Any nonconforming use or structure existing at the passage of this chapter may be continued on the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction.

A prospective purchaser, mortgagee or any person interested in land which includes a nonconforming use or structure may apply, in writing, for the issuance of a certificate certifying that the use or structure existed prior to the adoption of this chapter. The applicant shall have the burden of proof. The applicant shall apply for said certificate within one year of the passage of this chapter or at any time to the Board of Adjustment.

Restoration prohibited. Except for the Pinelands Area of the borough, if the cost to restore a partially destroyed structure is greater than the tax-assessed value of the structure prior to the destruction, restoration is prohibited.

"Abandonment" means the cessation of a nonconforming use over a period of six months by an apparent act, or failure to act, by the owner or tenant. Such nonconforming use shall not thereafter be reinstated, nor shall the structure be occupied except in conformance with this chapter.

Reversion prohibited. A nonconforming use once converted to a conforming use shall not revert to the nonconforming use or to another nonconforming use.

Changing a valid nonconforming use to another nonconforming use shall be by resolution of the Zoning Board of Adjustment unless the Zoning Officer finds that the nonconforming use proposed to be installed maintains or reduces the degree of nonconformity by reducing the number of nonconforming units; or reduces on-site parking needs or changes the type of parking, such as from trucks to small vehicles; or reduces the intensity of the use; or makes other changes which encourage movement toward conformity.

The expansion of a nonconforming use requires a use variance and shall be by resolution of the Zoning Board of Adjustment. See Article XXI, § 150-238A(4).

Review of plan required. All changes pertaining to nonconforming uses shall require the review of a plan in order to make an informed determination that the existing site conditions are adequate to serve the use and meet the minimum requirements for the public safety; said plan shall be approved by resolution of the Board. Refer to Article VIII, § 150-74.

Additions to nonconforming structure. An addition to a nonconforming structure may be approved, provided that the use is a permitted use and that the addition itself complies with the regulations governing area and bulk as set by the zoning schedules, Article XVI.[1] Approval of a site plan is required. See Article VII, § 150-52.

Expansions of or changes to conforming uses in the Pinelands Area of the borough shall be in accordance with Article XVIII, §§ 150-204 and 150-205.

Development on lots which do not conform to the standards set for the smallest lot permitted in the zone under this chapter, which have been duly recorded under law, may be used for the purpose permitted on the smallest lot which is standard in the zone, provided that the proposed construction meets the yard requirements set for the lot under the zoning schedules of Article XVI.[1]

Reduction prohibited. A nonconforming lot shall not be reduced in area or dimensions.

Use variance. After a use variance has been granted by the Land Use Board, in instances where further Board action (i.e., subdivision or site plan approval) is not required, the applicant shall have one year in which to institute commencement of the use. Said commencement of use must be in compliance with all other regulatory requirements. For example, occupancy of a structure shall not be deemed the commencement of use in the event that appropriate construction permits and certificate of occupancy have not been secured. After a use variance has been granted by the Land Use Board, in instances where further Board action (i.e., subdivision or site plan approval) is required, the applicant shall have one year in which to secure said approval. Following commencement of use, the use shall remain valid until there is intended abandonment of said use.

Bulk variance. After a bulk variance has been granted by the Land Use Board, in instances where further Board action (i.e., subdivision or site plan approval) is not required, the applicant shall have one year in which to complete the construction which necessitated the bulk variance. After a bulk variance has been granted by the Land Use Board, as part of a subdivision or site plan approval, the applicant shall be limited by the duration of said approval. Following completion of the construction which necessitated the bulk variance, the bulk variance shall remain valid as long as said construction remains.

Conditional use. A conditional use approval, because it is always companion to a site plan approval, shall be limited by the duration of said site plan approval.

Zoning permit. A zoning permit shall be valid for a period of six months from date of issuance.

Definitions. For purposes of this § 150-118.2, the definitions set forth in § 202-12 are hereby incorporated herein.

Permitted use. In accordance with N.J.S.A. 24:6I-45(b) of the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (CREAMM), all classes of cannabis establishments, cannabis distributors or cannabis delivery services referred to as Class 1, Class 2, Class 3, Class 4, Class 5 and Class 6 licensed cannabis establishments shall be permitted uses in the following zoning districts, subject to the standards applicable to permitted uses in those zones:

Conditional use. In accordance with N.J.S.A. 24:6I-45(b) of CREAMM, Class 5 cannabis retail establishment ("cannabis retailer") shall be a conditional use, provided the standards set forth in § 150-118.2D are met, in the following zoning districts:

Specific standards. A cannabis retailer that is a conditional use shall be permitted in the zoning districts set forth in § 150-118.2C, subject to the standards applicable to permitted uses in those zones, provided the following conditions are met: