If you own property that is:
Located in the B-I zone and located within 500-feet of a residential zone:
- Figures 7 and 8 identify the B-I zoned properties located within 500-feet of a residential zone.
- Future development of a warehouse or expansion of an existing warehouse would not be permitted.
- While future warehouse development would be prohibited these properties would remain within the B-I zone and could be developed with one or more of the various other uses permitted in the B-I zone.
If the property is already developed with a warehouse:
- The use would become a legal, pre-existing non-conforming use. The existing warehouse use could remain in perpetuity at its existing size. However, any expansion of the warehouse use would be prohibited.
- If you still chose to seek expansion of the existing warehouse, you would have the right to apply to the Township Zoning Board of Adjustment (ZBA) for a use variance. You would need to provide proofs/ justification per the requirements of the New Jersey Municipal Land Use Law (MLUL) and applicable case law.
If the property is already approved for development of a warehouse:
- Your approval would remain in place provided you satisfied all conditions of your site plan approval (including but not limited to obtaining all required outside approvals) and applied for building permits within 2 years of the date your approval was memorialized by resolution of the Planning Board. Failure to do so will render your previous site plan approval invalid.
- If the above is satisfied (and the warehouse constructed), then the warehouse would be considered a legal, pre-existing non-conforming use (see above).
If the property is not developed with a warehouse then the proposed warehouse restriction would not affect the existing development of your site. Further, the warehouse restriction would not apply if you chose to redevelop or expand with another use permitted in the zone.
If you still chose to seek development of a warehouse, you would have the right to apply to the ZBA for a use variance. You would need to provide proofs/ justification per the requirements of the MLUL and applicable case law including demonstrating that the site was suitable for development with a warehouse despite the deviation from the ordinance which restricts such development.
All development in the B-I zone would be subject to other applicable zoning requirements including but not limited to building and parking lot setback requirements, lot and impervious surface coverages, building height, buffer requirements, and design standards for business and industry uses. This ordinance proposes a number of modifications to these requirements which would apply after the effective date of the ordinance.
Located in the B-I zone and NOT located within 500-feet of a residential zone:
- Figures 7 and 8 identify the B-I zoned properties located within 500-feet of a residential zone (and conversely those properties NOT located within 500-feet of a residential zone).
- The proposed warehouse restriction would not apply to your property.
- All development in the B-I zone would be subject to other applicable zoning requirements including but not limited to building and parking lot setback requirements, lot and impervious surface coverages, building height, buffer requirements, and design standards for business and industry uses. This ordinance proposes a number of modifications to these requirements which would apply after the effective date of the ordinance.
Located within one of the areas proposed to be re-zoned:
- Figures 1 through 6 identify the areas and properties involved.
- After the effective date of the ordinance, the use and bulk requirements of the new zoning designation (i.e., A, RR-3 or R-40, as applicable) would apply. Uses permitted in the prior zoning (warehouses, light industrial uses, office buildings, laboratories, as permitted in ROL and/or B-I) would no longer be permitted.
- If the property is already developed with a warehouse, light industrial use or other non-residential use not permitted in the proposed zoning designation (i.e., A, RR-3 or R-40 zone, as applicable):
The use would become a legal, pre-existing non-conforming use. The existing use could remain in perpetuity at its existing size. However, any expansion of the existing use would be prohibited.
If you still chose to seek expansion of the existing use, you would have the right to apply to the ZBA for a D(2) variance for an expansion of a non-conforming use. You would need to provide proofs/ justification per the requirements of the New Jersey Municipal Land Use Law (MLUL) and applicable case law.
If the property is already approved for development of a warehouse (or other previously-permitted non-residential use):
- Your approval would remain in place provided you satisfied all conditions of your site plan approval (including but not limited to obtaining all required outside approvals) and applied for building permits within 2 years of the date your approval was memorialized by resolution of the Planning Board. Failure to do so will render your previous site plan approval invalid.
- If the above is satisfied (and the warehouse constructed), then the warehouse (or other previously-permitted non-residential use) would be considered a legal, pre-existing non-conforming use (see above).
Not located in the B-I zone and not located within one of the areas proposed to re-zoned:
- This ordinance does not apply to your property and will not affect how you can develop or use your property.
- If you received a notice of the ordinance, it was because your property is located within 200 feet of a B-I zone or one of the areas proposed to be rezoned.
Figure 1: Mettlers Rd_Weston Rd
Figure 2: Re-Zone from ROL to A zone
Figure 3: Re-Zone from ROL to RR-3 zone
Figure 4: Elizabeth Avenue, South of New Brunswick Road/ School House Road
Figure 5: Re-Zone from B-1 to R-40
Figure 6: Re-Zone from B-1 to R-40
Figure 7: B-I zoned Properties within 500-feet of a Residential Zone (i.e., warehouses not permitted)
Figure 8: B-I zoned Properties within 500-feet of a Residential Zone (i.e., warehouses not permitted)
Ordinance 4371-22
