CITY OF NORTH WILDWOOD LEGAL

CITY OF NORTH WILDWOOD
PLANNING BOARD
RESOLUTION PB-05-2023
WHEREAS, pursuant to the New Jersey Municipal Land Use Law, specifically N.J.S.A.
40:55D-25 and 40:55D-28, Municipal Planning Boards are granted the authority to adopt or
amend a Municipality’s Master Plan, or a component thereof; and
WHEREAS, in 2018 the City of North Wildwood Planning Board conducted a review and
reexamination of the City’s Master Plan and a reexamination of the City’s Land Use Ordinance,
which was reduced to writing in the form of a report entitled “Master Plan Reexamination Report
(2018 Master Plan)” dated September 2018; and
WHEREAS, on May 2, 2023, the City of North Wildwood’s governing body introduced Ordinance
1904, entitled “An Ordinance Amending and Supplementing Ordinance 1177, As Amended” which
proposes to modify applicable conditions imposed upon establishments engaged in the sale of
alcohol in the OS (Oceanside), B (Boardwalk), and P (Pier) zoning districts in an effort to establish
regulations consistent with other zones throughout the City of North Wildwood, and to ensure
consistent regulations with the City of Wildwood given the cohesive nature of the Boardwalk; and
WHEREAS, pursuant to N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64, prior to the adoption of a
development regulation, revision, or amendment thereto, the governing body is required to refer said
regulation to the Planning Board for its review and comment in order to ensure that the proposed
regulation, revision or amendment is consistent with the municipality’s current Master Plan; and
WHEREAS, pursuant to N.J.S.A. 40:55D-26, following its review of the proposed development
regulation, revision, or amendment thereto, the Planning Board is required to prepare a report,
to be submitted to the governing body, outlining the Planning Board’s findings in relation to the
consistency of the proposed regulation to the municipality’s Master Plan; and
WHEREAS, the proper notices were given to the persons and bodies as required by law, and the
necessary publications were undertaken, and the proofs with respect thereto have been filed; and
WHEREAS, at its May 17, 2023 duly-noticed public meeting, the Planning Board reviewed
and discussed proposed Ordinance No. 1904 to determine if said Ordinance was consistent with
the City’s current Master Plan, and the Board ultimately found that the proposed Ordinance was
acceptable and further found that same is consistent with the current City of North Wildwood Master
Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the City of North Wildwood as
follows:
1.The following findings and conclusions are made:
a.

All statements contained in the preamble to this Resolution are hereby incorporated by
reference.

b.

With respect to Ordinance No. 1904, the City of North Wildwood Planning Board finds that
proposed modifications to applicable conditions imposed upon establishments engaged
in the sale of alcohol in the OS (Oceanside), B (Boardwalk), and P (Pier) zoning districts
will ensure consistent regulations with other zones throughout the City of North Wildwood
where the sale of alcohol is permitted, and will also ensure consistent regulations with the
City of Wildwood in light of the cohesive nature of the Boardwalk.

c.

The City of North Wildwood Planning Board hereby recommends that proposed Ordinance
1904 be adopted by the City of North Wildwood’s governing body as it finds that same
is consistent with the findings and recommendations set forth within the City of North
Wildwood’s 2018 Master Plan Reexamination Report.

2. Accordingly, the City of North Wildwood Planning Board resolves to recommend that the Council
of the City of North Wildwood formally adopt Ordinance 1904.
3. A copy of this Resolution shall be supplied to and filed with the City Clerk.
4.The Planning Board Secretary shall cause this notice of the adoption herein provided for to be
published in the official newspaper of the municipality and to provide lawful notice to persons
and bodies as may be required by law.
5.This Resolution shall take effect immediately.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be filed with the Office of the Clerk
of the City of North Wildwood.
MOTION TO APPROVE & MEMORIALIZE
MADE BY:

Mr. 0’ Connell

SECONDED BY: Mr. Harkins
MEMBER
CHIEF
STEVENSON
MCCRACKEN
HARKINS
GREENLAND
O’CONNELL
MAYOR
ROSENELLO/
MILLER
COUNCILMAN
KANE
VICE CHAIR
DiEDUARDO
CHAIRMAN
DAVIS
ALTERNATES
AUTY (I)
PETERS (II)
DEJOSEPH (Ill)
CANNON (IV)

ROLL CALL VOTE

YEA

NAY

ABSENT
X

ABSTAIN

EXCUSED

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X
X
X
X
X
X
X
X
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X

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X

X
X

CITY OF NORTH WILDWOOD
COUNTY OF CAPE MAY, NEW JERSEY
ORDINANCE NO. 1904
AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE 1177, AS AMENDED
WHEREAS, Ordinance 1177, adopted May 19, 1994, has been codified in the Code of the City of
North Wildwood as Chapter 276, Land Development; and
WHEREAS, the City of North Wildwood’s Land Development Ordinance establishes specific
zoning districts throughout the City which identify and specify permitted and prohibited uses, area
and bulk requirements governing the construction of said uses, and requirements governing overall
development within said districts; and
WHEREAS, the City of North Wildwood has established the OS (Oceanside), P (Pier) and the
B (Boardwalk) zoning districts which permit, among other uses, restaurants engaged in the sale/
service of alcoholic beverages; and
WHEREAS, the City of North Wildwood has engaged in discussions with the City of Wildwood in
regards to regulations governing the sale of alcohol on the Wildwood Boardwalk, and it has been
determined that consistent regulations given the cohesive nature of the Boardwalk is appropriate;
and
WHEREAS, the City Council of the City of North Wildwood finds that modifying existing standards
governing restaurants engaged in the sale/service of alcoholic beverages in the OS, P and B zoning
districts should be modified to relax applicable conditions to ensure consistency with regulations
enacted by the City of Wildwood and with other zones throughout the City which currently allow the
sale/service of alcoholic beverages; and
NOW,THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of North Wildwood, in
the County of Cape May and State of New Jersey as follows:
Section One. The portion of Ordinance 1177, as amended, that has been codified in the Code of
the City of North Wildwood at §276-46(1) establishing conditional use standards associated with
Restaurants serving alcoholic beverages in the OS zoning district is hereby amended so as to read
as follows:
1.

Restaurants serving alcoholic beverages in the OS Zoning Districts. Restaurants serving
alcoholic beverages shall be permitted in the OS Zoning Districts as conditional uses,
subject to compliance with the conditions outlined within §276- 20.1 (C)( 4 ).

Section Two. The portion of Ordinance 1177, as amended, that has been codified in the
Code of the City of North Wildwood at §276-46(1) establishing conditional use standards associated
with Restaurants serving alcoholic beverages in the Amusement Zoning District is hereby repealed
and replaced with:
J.

Restaurants serving alcoholic beverages in the P (Pier) or B (Boardwalk) Zoning Districts.
Restaurants serving alcoholic beverages shall be permitted in the Pier or Boardwalk Zoning
Districts as conditional uses only. All facilities serving alcoholic beverages in the Pier or
Boardwalk Zoning District must meet the conditions set forth in Subsection J(l) below.
(1) General requirements for all facilities serving alcoholic beverages in the P (Pier)
and B (Boardwalk) Zoning Districts.
a. No alcoholic beverages may be removed from the premises by a patron at any
time. No packaged goods sales are permitted.
b. Each licensed facility shall contain restroom facilities for men and women.
c. No more than a combined total of 50% of municipal liquor licenses shall be
permitted to be located in the Pier or Boardwalk zoning districts. Motel licenses
shall be exempt from this total.
d. All regulations of the Alcoholic Beverage Control Authority and all regulations
contained in Chapter 114 of the Code of the City of North Wildwood, to the
extent not inconsistent with these conditions, shall remain applicable to all
facilities.
e.To the extent not inconsistent with this subsection, all applicable requirements
of the zoning ordinance must be met for all facilities.
f. Approval of the transfer of the liquor license to any facility in the Pier or Boardwalk
Zoning Districts must be approved by the City Council.
g. Signs indicating the legal drinking age and that the facility will check
identification are to be displayed at every outlet where the public may purchase
alcoholic beverages.
h.The restaurant shall have a minimum of 50 seats for the service of meals.
i.The restaurant shall be a full-service restaurant capable of furnishing complete
meals.
j. Restaurants are permitted to have a separate customer waiting bar for the
service of restaurant customers so long as the bar is within the confines of the
restaurant.
k. Sale of alcoholic beverages shall only be permitted between the hours of
7:00 a.m. and 12:00 a.m., prevailing time, and no consumption of alcoholic
beverages shall be permitted after 12:30 a.m. and prior to 7:00 a.m., prevailing
time.

Section Three. If any portion of this Ordinance is determined to be invalid by a court of competent
jurisdiction, that determination shall have no effect upon the remainder of this Ordinance, which
shall remain valid and operable.
Section Four. All Ordinances or parts of Ordinances inconsistent with this Ordinance, to the extent
of such inconsistencies only, be and the same hereby are repealed.
Section Five. This Ordinance shall take effect immediately upon final passage and publication
as provided by law.
Patrick T. Rosenello, Mayor
W. Scott Jett, City Clerk
Introduced:
PB Recommendation:
Advertised:
Hearing/Final:
Advertised:
Printer Fee: $198.92
Pub Date: May 25, 2023

May 2, 2023

Order #: 0000204264