Lambertville City Zoning Code
ARTICLE I
Title and Purpose
§ Z-101 SHORT TITLE.
This Ordinance shall be known and may be cited as the "City of Lambertville Zoning Ordinance."
§ Z-102 GENERAL INTENT.
[Added 6-17-2002 by Ord. No. 2002-12]
A.
The intent of this Ordinance is to establish a precise and detailed plan for the use of land in the City of Lambertville based on the Master Plan for the City of Lambertville and enacted in order to promote and to protect the public health, safety, morals, comfort, convenience and the general welfare of the people. This Ordinance is intended to regulate the use of land within zoning districts, promote orderly development, preserve the character of certain districts, regulate intensity of use and the location of buildings, establish standards of development, prohibit incompatible uses, regulate the alteration of existing buildings, limit congestion in the street, protect against hazards and conserve the taxable value of land. In furtherance of the intentions of this Ordinance the City has been divided into districts which implement the intentions stated above.
B.
Purpose.
The City of Lambertville, as a municipality in the State of New Jersey, hereby declares that pursuant to the purposes of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-2, that the amendments contained herein shall promote the conservation of historic sites and districts, a desirable visual environment through creative development techniques and good civic design and arrangement contributing to the well being of persons, neighborhoods, the community and region as a whole and to more particularly:
1.
Safeguard the heritage of the City of Lambertville by preserving that part of the City, designated as the historic district, which reflects elements of its cultural, social, economic and architectural history;
2.
Maintain and develop an appropriate and harmonious setting for the architecturally and historically significant historic sites within the City of Lambertville;
3.
Stabilize and improve property values;
4.
Foster civic beauty;
5.
Stabilize and improve neighborhoods;
6.
Protect and enhance the City for residents and visitors and serve as a support and stimulus to business and industry;
7.
Prevent any construction, demolition, or exterior alteration that would injure, depreciate, or conflict with the character of any established local historic district.
8.
Promote the use of any established local historic district for the education, pleasure and welfare of the citizens of the City of Lambertville and its visitors.
§ Z-103 INTERPRETATION OF STANDARDS.
The provisions of this Ordinance shall be held to be the minimum requirements for the protection of the public health, safety, and welfare. Where this Ordinance imposes a greater restriction than is imposed and required by other provisions of the Code of the City of Lambertville, county, state, or federal government, the provisions of this Ordinance shall control. Where such other laws, ordinances, rules, regulations, or resolutions require greater restrictions than are imposed by this Ordinance, the provisions of such other laws, ordinances, rules, regulations, or resolutions shall control.
§ Z-104 PROHIBITED USES.
[Amended 7-22-2021 by Ord. No. 16-2021]
A.
All uses not expressly permitted in this Ordinance are hereby prohibited.
B.
In addition, the following uses are expressly prohibited in all districts:
1.
The operation of any Class 1, 2, 3 cannabis establishments or Class 4 cannabis distributors or Class 6 cannabis delivery services as said terms are defined in this chapter and in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies within the City by a cannabis delivery service located outside the City.
§ Z-105 TIME OF COMPLIANCE.
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
§ Z-106 PROPOSED PUBLIC DEDICATIONS.
Approval of final plans by the Planning Board or Zoning Board of Adjustment, as the case may be, shall constitute an acceptance of proposed dedications for streets, parks, and other public uses or purposes. Nonetheless, such approval shall not constitute an acceptance of physical improvements on such dedicated land and shall not impose on the City any obligation of jurisdiction or maintenance of such improvements. The acceptance of such physical improvements shall only be by action of the Governing Body in accordance with N.J.S.A. 40:55D-53.
§ Z-107 PUBLIC NOTICE FOR VARIANCES.
Public notice shall be given for applications otherwise excepted from the requirements of public notice whenever variance relief is requested.
§ Z-108 EXPIRATION OF VARIANCES.
In the event a variance is granted for an application exempt from the requirements of site plan or subdivision review, the applicant shall secure a building permit, or, in the case where no building permit is required, a certificate of occupancy, within one year from the date of approval; otherwise the granting of the variance shall be deemed null and void. In the event a variance is granted for a bifurcated application for development, the applicant shall apply for site plan or subdivision approval within one year of the date of approval of the variance; otherwise the granting of the variance shall be deemed null and void. The Board of Jurisdiction may extend the grant of the variance for a period of up to one year if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, either directly or indirectly, from obtaining a building permit, or, in the case where no building permit is required, a certificate of occupancy within the one year time period from the date of approval.
§ Z-109 DATE OF APPROVAL.
The time period for the effect of approval shall begin with the date of the adoption of the resolution memorializing such approval of the subject application by the Board of Jurisdiction.
§ Z-110 CONFORMANCE WITH REGULATIONS.
No building shall be erected and no existing building shall be moved, altered, enlarged, or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than as permitted within the zoning districts so described by this Ordinance, nor shall any open space or yard area be encroached upon or reduced in any manner except in strict conformity with the regulations contained herein.
§ Z-111 SUBDIVISION AND SITE PLAN APPROVAL REQUIRED.
[Ord. No. 18-2017]
Except as otherwise exempted or waived as provided in Section 516, no building permit shall be issued for any building or use or enlargement of any building or use unless a site plan is first submitted and approved by the City of Lambertville Planning Board or Zoning Board of Adjustment as the law directs. No subdivision of land shall be valid unless a plat is first submitted and approved by the City of Lambertville Planning Board or Zoning Board of Adjustment and filed with the County Recorder of Deeds.