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Vineland City Zoning Code

§ 425-265

Power to zone.

A. 
The governing body 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 the Master Plan, and all of the provisions of such 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 such plan elements, provided that the governing body may adopt a zoning ordinance or any amendment or revision thereto which in whole or in part is inconsistent with or is not designed to effectuate the land use plan element and the housing plan element of the Master Plan, but only by affirmative vote of a majority of the full authorized membership of the governing body, with the reasons of the governing body for so acting set forth in a resolution and recorded in the minutes of the governing body when adopting such a zoning ordinance, and provided further that, notwithstanding anything aforesaid, the governing body may adopt an interim zoning ordinance pursuant to § 425-359.
B. 
A zoning ordinance shall be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses so as to encourage the most appropriate uses of land. The regulations in a zoning ordinance shall be uniform throughout each district for each use of land or class or kind of building or structure thereon, including planned unit development, planned unit residential development and residential cluster, but the regulations in one district may differ from those in other districts.
C. 
No zoning ordinance or any amendment or revision thereto shall be submitted to or adopted by initiative or referendum.
D. 
A zoning ordinance shall provide for the regulation of all airport safety zones, delineated under the Air Safety and Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., in conformity with standards promulgated by the Commissioner of Transportation.
E. 
A 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 in accordance with the State Highway Access Management Act of 1989, N.J.S.A. 27:7-89 et seq., for the regulation of land with access to county roads and highways in conformity with any access management code adopted by the county in accordance with N.J.S.A. 27:161 et seq., and for the regulation of land with access to municipal streets and highways in conformity with any municipal access management code adopted in accordance with N.J.S.A. 40:67-1 et seq. 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.
F. 
A zoning ordinance may include districts for planned developments, provided that an ordinance providing for approval of subdivisions and site plans by the Planning Board has been adopted which incorporates therein the provisions for such planned developments in a manner consistent with N.J.S.A. 40:55D-37 et seq. The zoning ordinance shall establish standards governing the type and density or intensity of land use in a planned development. Said standards shall take into account that the density or intensity of land use otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density or intensity of land use otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of common open space, the location and physical characteristics of the site of the proposed planned development and the location, design and type of dwelling units and other uses. Such standards may, in order to encourage flexibility of housing density, design and type, authorize a deviation in various residential clusters from the density or intensity of land use established for an entire planned development. The standards and criteria by which the design, bulk and location of buildings are to be evaluated shall be set forth in the zoning ordinance, and all standards and criteria for any feature of a planned development shall be set forth in such ordinance with sufficient certainty to provide reasonable criteria by which specific proposals for planned development can be evaluated.
G. 
A zoning ordinance may designate and regulate historic sites or historic districts and provide design criteria and guidelines therefor. Said designation and regulation shall be in addition to such designation and regulation as the zoning ordinance may otherwise require. All historic sites and historic districts designated in the zoning ordinance shall be based on identifications in the historic preservation plan element of the Master Plan. The governing body may, at any time, adopt by affirmative vote of a majority of its authorized membership, a zoning ordinance designating one or more historic sites or historic districts that are not based on identifications in the historic preservation plan element of the Master Plan with the reasons of the governing body for so acting set forth in a resolution and recorded in the minutes of the governing body.