East Windsor City Zoning Code
§ 20-4.2
Classes of Uses.
The following classes of uses are hereby created for the districts:
20-4.2.1
Permitted Uses:
a.
Only those uses of land, buildings and/or structures which are specifically designated as a "principal use" or as an "accessory use" or as a "conditional use" for a subject zoning district are permitted in accordance with the terms of this chapter; and
b.
Conversely, any uses of land, buildings and/or structures which are not specifically designated as a "principal use" or as an "accessory use" or as a "conditional use" for a subject zoning district are prohibited, including but not limited to smoking shops and vaping shops. Notwithstanding any other section of this chapter to the contrary, the following are exceptions:
[Amended 3-9-2021 by Ord. No. 2021-02]
(1)
The use of land and/or buildings by the Township of East Windsor is permitted in all zoning districts;
(2)
Fire and rescue facilities authorized by the Township of East Windsor are permitted in all zoning districts; and
(3)
In accordance with N.J.A.C. 40:55D-66.1 of the Municipal Land Use Law, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted uses in the "R-A," "R-E," "R-M," "R-1," "R-2," "R-3," "S-L" and "PUD" residential zoning districts within East Windsor Township, in accordance with the applicable requirements of the subject zoning district for non-clustered single-family detached dwelling units, and in accordance with the definitions of these uses at N.J.A.C. 40:55D-66.2 of the Municipal Land Use Law.
c.
Cannabis Businesses Prohibited. All classes of cannabis businesses, and all classes of cannabis establishments or cannabis distributors or cannabis delivery services, as these are defined in Section 3 of P.L. 2021, c. 16,[1] are prohibited except for the delivery of cannabis items and related supplies by a delivery service located outside of the Township
[Added 6-8-2021 by Ord. No. 2021-04]
[1]
Editor’s Note: See N.J.S.A. 24:6I-33.
20-4.2.2
Conditional Uses: Those uses of land or of building or structure which are specially permitted under certain conditions upon approval by the Planning Board. Conditional uses are created because it is recognized that certain uses, activities and structures may be necessary to serve the needs and convenience of the public. However, it is also recognized that such uses may be or become inimical to the public health, safety and general welfare if their establishment and use are permitted at any and all locations in a district without proper consideration being given to the master plan, existing conditions and the character of the surrounding area.
The Planning Board, in exercising its discretionary power to grant conditional uses shall be governed by any standard set forth in this chapter for the particular conditional use, as well as the following standards:
a.
The use for which application is made shall be one that is specifically authorized by this chapter as a conditional use and shall comply with all applicable regulations for the district in which located.
b.
The proposed design, arrangement and nature of the particular use shall be such that the public health, safety and welfare will be protected and promoted and reasonable consideration afforded to the:
(1)
Character of the neighborhood and district.
(2)
Conservation of property values.
(3)
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(4)
Potential congestion of vehicular traffic or creation of undue hazard.
(5)
Principles and objectives of this chapter and the master plan of the Township of East Windsor.