[Ord. No. 2002-12]
Definitions identified with the initials "MLUL" are taken from the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). "RSIS" means the definition was taken from the Residential Site Improvement Standards (N.J.A.C. 5:21 et seq.). The following definitions shall have the meanings indicated:
ACCESSORY USE OR STRUCTUREA use or structure subordinate to the principal use of a building or structure on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADDITIONThe construction of a new improvement which changes the exterior appearance of a building or structure which comprises an existing improvement.
ADMINISTRATIVE OFFICERThe Zoning Officer of the City of Lambertville or designee for purposes of enforcing the provisions of this Ordinance; the Secretary of the Planning Board or Zoning Board of Adjustment for purposes of application to the respective Boards, who are responsible for administering the responsibilities and authorities specified for the Administrative Officer in N.J.S.A. 40:55D-3.
AGE-RESTRICTED DEVELOPMENTA residential development including accessory buildings and required or permitted social, cultural, medical and recreational facilities limited to certain age groups conforming to 24 CFR Part 100 Subpart E, Housing for Older Persons, of the federal Fair Housing Amendments Act of 1988, as it may be amended or superseded.
ALTERATION, STRUCTURALAny change in the supporting members of a building such as walls, posts, piers, columns, beams or girders.
APARTMENTSee DWELLING and DWELLING, ACCESSORY APARTMENT, DWELLING, APARTMENT.
APPLICANTA developer submitting an application for development. [MLUL]
APPLICATION FOR DEVELOPMENTThe application or appeal forms, together with the required fees and all accompanying documents required by this Ordinance for approval of a subdivision plat, site plan, planned development, cluster development, conditional use, zoning variance or direction for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36. [MLUL]
APPROPRIATE NATIVE VEGETATIONIndigenous vegetation found in the natural community that is suited to the soil, topography, and hydrology of a particular site.
[Added 5-20-2021 by Ord. No. 09-2021]
AS-BUILT PLANFor the purpose of applications for development, a survey by a New Jersey licensed land surveyor that indicates improvements on, above, and below the ground after construction pursuant to a final site plan or subdivision approval and, for the purpose of building construction, a survey by a New Jersey registered architect which certifies the location of building components and their dimensions precedent to the issuance of a Certificate of Occupancy.
ASSISTED LIVING FACILITYA facility which is licensed by the NJ Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor. In the context of this definition, "apartment" shall mean a dwelling unit offering at a minimum, one unfurnished room, private bathroom, kitchenette, and a lockable door on the unit entrance.
AUTO BODY SHOPAn establishment that repairs and repaints motor vehicles after collision, fire damage, water damage, or other natural disaster or for the purpose of restoration.
AUTOMOBILE SALESThe use of any building, land or other property for the display and sale of new and used automobiles, light trucks and vans, trailers or recreational vehicles and including vehicle preparation, repair and auto body work as accessory uses.
AUTOMOBILE WRECKINGAn establishment that recycles parts and other materials from motor vehicles or otherwise disposes of same.
AWNINGA roof-like cover that is temporary or movable in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and that may be periodically retracted against the face of the building.
BARPremises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.
BASEMENTA story having more than 25% of its clear height below the average finished grade.
BED AND BREAKFASTA facility providing limited overnight accommodations with a morning meal to transients for compensation.
BOARDING HOUSEAny building, together with any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services, including meals, are provided to the residents.
BUFFERAn area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties; also termed a buffer yard.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof. [MLUL]
BUILDING COVERAGEThe horizontal square footage or other area measurement by which all buildings occupy a lot as measured by a vertical plane established by the outside edge of the roof or roofs.
BUILDING, COMMUNITYA building for civic, social, educational, cultural and recreational activities of a neighborhood or community not operated primarily for monetary gain.
BUILDING, HEIGHT OFThe vertical distance measured from the average elevation of the finished grade at a point five feet away from the front of the building to the top of the roof surface for flat and mansard roofs, and to the vertical midpoint between the base of the roof and its peak for gable, hip, and gambrel roofs.
CALIPERA measurement of the size of a tree equal to the diameter of the trunk six inches from the root ball.
[Added 5-20-2021 by Ord. No. 09-2021]
CAMPERAny of the following:
A. A self-propelled, vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term uses which may contain cooking, sleeping, and sanitary facilities.
B. An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term uses and designed to be attached to the body of another vehicle for transporting from one location to another.
C. A portable, vehicular structure built on a chassis, designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the body for camping activities.
D. A portable structure built on a chassis designed for towing and as temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight feet and a length not exceeding 30 feet, and which may contain cooking, sleeping and sanitary facilities.
CANNABISAll parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with CREAMMA for use in cannabis products as set forth in that act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Honig Act and N.J.S.A. 18A:40-12.22 et al.; marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, N.J.S.A. 2C:35B-1 et seq., or marijuana as defined in N.J.S.A. 24:21-2 and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," N.J.S.A. 24:21-1 et al.; or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act." N.J.S.A. 4:28-6 et al.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS CONSUMPTION AREAA designated location operated by a licensed cannabis retailer for which both a State and local endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer that is separate from the area in which retail sales of cannabis items occurs; or (2) an exterior structure on the same premises as the cannabis retailer, either separate from or connected to the cannabis retailer, at which cannabis items obtained from the retailer may be consumed. This definition shall be consistent with the Recreational Marijuana Act and all amendments thereto.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS CULTIVATORAny person or entity holding a Class 1 Cannabis Cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS DELIVERYThe transportation of cannabis items and related supplies to a consumer. "Cannabis delivery" also includes the use by a licensed cannabis retailer of any third party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS DELIVERY SERVICEAny person or entity holding a Class 6 Cannabis Delivery license issued by the State of New Jersey that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS DISTRIBUTORAny person or entity holding a Class 4 Cannabis Distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS ESTABLISHMENTA cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS MANUFACTURERAny person or entity holding a Class 2 Cannabis Manufacturer license issued by the State of New Jersey, that processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS RESINThe resin extracted from any part of the plan Cannabis sativa L., including cannabis extract and resin extracted using non-chemical processes, processed and used in accordance with CREAMMA. "Cannabis resin" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act." P.L.2009, c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.); hashish as defined in N.J.S.2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L.2001, c.114 (C.2C:35B-1 et seq.), or as defined in section 2 of P.L.1970, c.226 (C.24:21-2) and applied to any offense of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c.226 (C24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.).
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS RETAILERAny person or entity holding a Class 5 Cannabis license issued by the State of New Jersey that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
[Added 7-22-2021 by Ord. No. 16-2021]
CANNABIS WHOLESALERAny person or entity holding a Class 3 Cannabis Wholesaler license issued by the State of New Jersey that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
[Added 7-22-2021 by Ord. No. 16-2021]
CANOPYA roof-like structure, open to the elements on four sides, which is used to protect outdoor equipment, such as motor fuel pumps or a pedestrian walkway.
CAR WASHAny building or premises or potions thereof used for washing automobiles, light trucks and vans for compensation.
CARPORTAn attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns and of an area between the columns not to exceed 300 square feet.
CELLARA story having more than 25% of its clear height below the average finished grade.
CLINICA place where patients are treated or studied by physicians specializing in various ailments and practicing as a group.
CLUB, SOCIAL OR FRATERNALA private organization for social purposes in which the principal use is in enclosed buildings and limited outdoor sports are involved.
COMMERCIAL MESSAGEAny sign wording, logo, figure, symbol, color, illumination, fixture, projection, or other representation that, directly or indirectly, names, advertises, or calls attention to a business product, service, or other commercial activity.
COMMERCIAL VEHICLESVehicles used in the conduct of business, retail, service or industrial purposes.
COMMON OPEN SPACEAn open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment or residents and owners of the development. [MLUL]
COMMUNITY GARDENA public or community use area intended for the purposes of gardening.
[Added 5-20-2021 by Ord. No. 09-2021]
COMMUNITY PLAY AREAPublic use areas, including school and athletic fields, composed of predominantly turfgrass intended for use for recreational purposes.
[Added 5-20-2021 by Ord. No. 09-2021]
CONVENIENCE STOREA retail store which sells a limited variety of prepackaged sundries, dry goods and food, with hours of operation generally from 7:00 a.m. to 11:00 p.m. or longer and usually not larger than 4,000 square feet.
COOPERATIVEA building or buildings divided into individually attended exhibit space or artisan's booths rented, leased, or in the form of shares in a cooperative enterprise, with shared common facilities.
DENSITYThe permitted number of dwelling units per gross area of land to be developed [MLUL]; gross density.
DESIGN GUIDELINESInstructions that provide a general framework for sound planning and improvements to real property.
DESIGN STANDARDSRegulations that set forth specific improvement requirements. [RSIS]
DISTRICTThe zoning districts per this Ordinance pertaining to any part of the territory of the City of Lambertville.
DRIVEWAYA defined paved or unpaved surface providing vehicular access to a street. A driveway is not a road, street, boulevard, highway, or parkway. [RSIS]
DWELLINGA room or series of connected rooms designed for permanent human habitation containing living, cooking, sleeping and sanitary facilities for one housekeeping unit.
DWELLING, ACCESSORY APARTMENTA self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing residence, or through the conversion of an existing accessory structure on the same lot, or by an addition to an existing residence or accessory building.
DWELLING, APARTMENTOne or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling in a building.
DWELLING, DUPLEXA building on a single lot containing two dwelling units each of which is totally separated from the other, one of which is wholly or partially above the other, with separate entrances at the ground level.
DWELLING, EFFICIENCYA unit in an apartment house consisting of one room with additional bath and cooking facilities separated from such room by a permanent wall and folding or sliding doors respectively.
DWELLING, MULTI-FAMILYA building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other with their own cooking, sanitary and sleeping facilities.
DWELLING, SEMI-DETACHEDA single family unit attached to one other such unit on one side by a common unpierced vertical wall from ground to roof on its own separate lot.
DWELLING, SINGLE FAMILY DETACHEDA building physically separated from other buildings or portions of buildings which is occupied or intended to be occupied for residential purposes by one family. For the purposes of this Ordinance, the development of an accessory apartment as otherwise permitted shall be included in this definition.
DWELLING, TOWNHOUSEA single family dwelling in a row of three or more such units separated from one another by an unpierced vertical wall from ground to roof.
ECHO (ELDER COTTAGE HOUSING OPPORTUNITIES) HOUSINGA small, removable modular cottage placed on a concrete slab or treated wood foundation in a rear or side yard of a single family detached house lot specifically designed to meet the needs of older or disabled people, connected to the utilities of the primary dwelling, and designed to be removed when it is no longer necessary.
ENDANGERED PLANTAny plant species which is in danger of extinction throughout all or a significant part of its range.
[Added 5-20-2021 by Ord. No. 09-2021]
EXAMINATION ROOMAny room wherein special equipment may be installed for use in the examination or treatment of a patient as distinguished from a waiting room, counseling room or offices of such practitioner.
FACADE AREAThe total area of the exterior face of a building including walls, windows, doors, and fixtures below the top of the parapet of a building with a flat roof, the cornice line of a building with a gambrel, gable, or hip roof, or the upper slope line of a building with a mansard roof, that faces a public street, pedestrian walkway, or mall.
FAMILYOne or more persons occupying a dwelling unit as a single household, who are living together as a stable and permanent living-unit, being a traditional family or the functional equivalent thereof.
FARM MARKETA permanent enclosed building typically operated seasonally where products primarily grown or produced locally are sold.
FIRE LANEAny right-of-way on private property to permit access by emergency vehicles. Fire lanes shall be kept open and clear of all vehicles or other objects.
FIRST FLOOR AREAFirst floor area shall be measured by using the outside dimensions of the residential portion of a building excluding the area of an attached garage. For a split level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding cellars and garages.
GARAGE, PRIVATEA detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the main building to which the garage is accessory, and wherein not more than one space is either rented to persons not residents of the lot or not more than one commercial vehicle not to exceed two tons in net weight.
GROSS FLOOR AREAGross floor area shall be measured by using the outside dimensions of the building, excluding the area of an attached garage, open porch or patio and further excluding the area used as a basement. Only those floor areas which have a ceiling height of seven feet or more shall be eligible for inclusion in the gross floor area. The gross floor area of an apartment dwelling unit shall be measured from the center of interior walls and the outside of exterior walls and shall include closets, bathrooms and hallways within the dwelling unit in addition to the area of all other rooms within the dwelling unit.
GROUP HOMEA profit or nonprofit boarding home for the sheltered care of four or more adult persons, providing personal care or service in addition to food and shelter.
HABITABLE ROOM AREAThe floor area within a residential structure to be used for habitation excluding cellars, attics, utility (heating and cooling) rooms and garages and open porches and, in apartment houses, excluding common hallways.
HEAVY INDUSTRIALIndustry where the type of activities customarily produce nuisance or dangerous elements and where the type of work is oriented to the primary manufacturing of a product.
HISTORIC DISTRICTOne or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites [MLUL]; such sites exhibit the following characteristics:
A. Represent a significant period in the history of the City; or
B. Have a distinctive character resulting from their architectural style, relationship to other buildings, spaces, scale or other design elements; or
C. Because of their distinctive character, can readily be viewed as an area or neighborhood distinct from surrounding portions of the City; and
D. Should be preserved because of its importance to archaeological, cultural, historical, or architectural purposes and motives.
HISTORIC SITEAny real property, man-made structure, natural object, or configuration or any portion or group of the foregoing historical, archaeological, cultural, scenic, or architectural significance. [MLUL]
HOME OCCUPATIONAn activity carried out for gain by a resident, conducted entirely within a dwelling unit, which occupation is clearly incidental and secondary to the use of the lot for residential purposes, pursuant to the criteria in § 520.
HOSPITALAn institution where the ill or injured may receive medical, surgical or psychiatric treatment, nursing, food, and lodging during illness.
HOTELA building which: a) contains guest rooms, each having its only access from a central interior corridor which is designed or intended to be used, let, or hired out for compensation, b) contains a public lobby serving the guest rooms, c) may contain one or more dining rooms or ancillary uses, and d) has full-time on-site management.
HOUSEHOLDA family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and serving of food within the dwelling unit.
IMPERVIOUS SURFACEA surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water such that the rate of infiltration is less than one inch in two hours. For the purposes of this Ordinance, detention and retention basins and dry wells shall not be considered impervious surfaces; however graveled areas shall be considered impervious surfaces.
INVASIVE PLANTA plant reproducing outside its native range and outside cultivation that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality. Invasive plants are those plants recognized by the New Jersey Department of Environmental Protection and those on the most recent New Jersey Invasive Species Strike Team "Do Not Plant List."
[Added 5-20-2021 by Ord. No. 09-2021]
JUNK YARDAny area of land with or without buildings, regardless of size, devoted to the storage, keeping or abandonment of junk or debris, including by way of illustration but not of limitation; abandoned automobile tires, automobile parts, paper, rags, metal, glass, or plastic containers, old household appliances, wood, lumber, brush, and any stumps or any other debris of any material whatsoever.
LANDSCAPED AREAThe entire parcel less the building footprint, driveway, paved areas of parking lots, hardscapes such as decks and patios, and other non-porous areas. Water features are included in the calculation of landscaped areas.
[Added 5-20-2021 by Ord. No. 09-2021]
LANDSCAPINGAny combination of living plants and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).
[Added 5-20-2021 by Ord. No. 09-2021]
LIGHT MANUFACTURINGManufacturing or assembly of semi-finished products, not including chemical or physical change of raw materials into products.
LOADING SPACEAn off-street space or berth on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, according to criteria established in this Ordinance.
LOTA designated parcel, tract, or area of land established by plat or otherwise permitted by law and to be used, developed, or built upon as a unit. [MLUL]
LOT AREAThe area contained within the lot lines of a lot but not including any portion of a street.
LOT COVERAGEThe total area covered by impervious surfaces on a property, including but not limited to, buildings, surfaced or unsurfaced parking areas, driveways, sidewalks, patios, pools and decks.
LOT DEPTHThe horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT FRONTAGEThe horizontal distance between side lot lines measured along the street line.
LOT LINEAny line forming a portion of the exterior boundary of a lot.
LOT LINE, REARThe lot line opposite and most distant from the front lot line or the point at which the two side lot lines meet, as the case may be.
LOT WIDTHThe horizontal distance between the side lot lines measured along the front setback line.
LOT, CORNERA lot on the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°.
LOT, FLAGA lot located to the rear of another lot, connected to the public street frontage common to both lots by a narrow strip of land.
MANUFACTURED HOMEA unit of housing which:
A. Consists of one or more transportable sections which are substantially constructed off-site and, if more than one section, are joined together on site; or
B. Is built on a permanent chassis; or
C. Is designed to be used, when connected to utilities, as a dwelling on a permanent foundation; and
D. Is manufactured in accordance with the standards promulgated for a manufactured home pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," P.L. 93-383 (43 U.S.C. and 5401 et seq.) and the standards promulgated for a manufactured mobile home pursuant to the "State Uniform Construction Code Act," N.J.S.A. 52:27D-119 et seq.
For purposes of this Ordinance, campers are not considered manufactured homes. |
MICROBUSINESSA person or entity licensed by the Cannabis Regulatory Commission as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service that may only, with respect to its business operations, and capacity and quantity of product:
[Added 7-22-2021 by Ord. No. 16-2021]
A. Employ no more than 10 employees;
B. Operate a cannabis establishment occupying an area no more than 2,500 square feet, and in the case of a cannabis cultivator, grow cannabis on an area no more than 2,500 square feet measured on a horizontal plan and grow above that plane not higher than 24 feet;
C. Possess no more than 1,000 cannabis plants each month, except that a cannabis distributor's possession of cannabis plants for transportation shall not be subject to this limit;
D. Acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of useable cannabis;
E. Acquire for resale each month, in the case of a cannabis wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof; and
F. Acquire for retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof.
MOTELA building or group of buildings which: a) provides for transient guest rooms with outside entrances, b) has a public lobby, and c) may contain one or more dining rooms.
NATIVE PLANTThose species of indigenous plants occurring within the state prior to European contact, according to best scientific and historical documentation. More specifically, it includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape.
[Added 5-20-2021 by Ord. No. 09-2021]
NATURAL AREAAn area on a site that contains natural vegetation and that will be undisturbed during development and will remain undisturbed when the property is fully developed.
[Added 5-20-2021 by Ord. No. 09-2021]
NATURAL COMMUNITYA distinct and recurring assemblage of populations of plants, animals, fungi and microorganisms naturally associated with each other and their physical environment.
[Added 5-20-2021 by Ord. No. 09-2021]
NON-CONFORMING LOTA lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. [MLUL]
NON-CONFORMING STRUCTUREA structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. [MLUL]
NON-CONFORMING USEA use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment. [MLUL]
NUISANCEAny practice which annoys, disturbs or interferes with one in the possession and enjoyment of his property, rendering its reasonable use or occupation physically uncomfortable, e.g.: excessive noise, noxious odors, electronic radiations, vibrations, smoke discharge, glare, improper drainage, etc.
NURSING HOMEAn institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption.
OFF-STREET LOADING SPACEA temporary loading area for a truck or delivery van that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.
OFF-STREET PARKING SPACEA temporary storage area for a motor vehicle that is directly accessible to an access aisle only and that is not located on a dedicated street right-of-way.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land or support its use for conservation and recreation purposes. [MLUL]
OPEN SPACE ORGANIZATIONAn incorporated, non-profit organization operating in a planned development under recorded land agreement through which:
A. Each owner is automatically a member;
B. Each occupied dwelling unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the City; and
C. Each owner and tenant has the right to use the common property.
OWNERAny individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in the land.
PARKING LANEA lane usually set on the sides of streets, designed to provide on-street parking. [RSIS]
PARKING SPACEA storage area provided for the parking of a motor vehicle. [RSIS]
PATIOA level, landscaped and/or surfaced area at grade directly adjacent to a principal building; an unroofed porch.
PAVEMENTA surface created to facilitate passage of people and/or vehicles, usually constructed of brick, stone, concrete, or asphalt. [RSIS]
PERMITTED USEAny use of the land or building as permitted by this Ordinance.
PERSONAL SERVICESEstablishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
RECREATION, ACTIVELeisure time activities, usually of a formal nature with a set of sanctioned rules and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields; including, but not limited to, court games, swimming, track and field events, golf, playground activities, and field sports.
RECREATION, PASSIVELeisure time activities not involving formal rules of play or action with lesser physical activity than active recreation; including, but not limited to, bird watching, walking, picnicking, and sunbathing.
RESTAURANTAny establishment, however designated, at which food is sold for consumption on the premises excluding however, a snack bar or refreshment stand at a public or community swimming pool, playground, play field, or park operated in conjunction with and incidental to such recreational facility for the sole convenience of patrons of the facility.
RESTAURANT, DRIVE-INA restaurant at which any food or refreshment are customarily served to or consumed by any patrons seated in automobiles or otherwise off the premise whether or not, in addition thereto, seats or other accommodations are provided for patrons.
RESTAURANT, FAST-FOODA public eating facility where patrons purchase food while within the physical premises of the restaurant or from a drive-thru window, which is obtained by self-service or from an employee of the establishment over a counter, for consumption either within the establishment or away from the premises.
RETAIL SALESEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETAIL SERVICESEstablishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal service, motion pictures, amusement and recreation services, health, educational, and social services, museums and concert halls, except as otherwise prohibited by this Ordinance.
RIGHT-OF-WAYA strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. [RSIS]
ROOMING HOUSEAny building, together with any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents.
SERVICE STATIONLand and building designed and used for providing for the sale of fuel, lubricants, and automotive accessories and for providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances the storage of inoperable or wrecked vehicles.
SETBACK LINEA line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend in order to provide the required yards.
SHOPPING CENTEROne or more buildings or parts thereof, to be occupied and used by more than one enterprise for the conduct of business as an integrated and comprehensively planned area.
SIDEWALKA concrete way provided for pedestrian use and usually located at the side of a cartway within the right-of-way.
SIGHT TRIANGLEA triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. [RSIS]
SIGNAny object, device, display, mural or structure, or a part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design symbols, fixtures, colors, illumination or projected images. This definition shall specifically include any building or part of a building, including walls and facades used for such purposes and shall further include banners, pennants, flags and similar attention attracting devices.
SIGN AREAThe area of the sign, exclusive of the supporting structure, which is used in calculating the square footage of the sign.
SIGN HEIGHTThe highest spot at any one point on the sign measured from the grade level surrounding the sign.
SIGN, AWNINGAny sign which is attached to or part of an awning.
SIGN, CHANGEABLE COPYA sign designed in such a fashion that the message on the sign can be easily and periodically altered, typically with moveable lettering, and whose message does not change more than once a day.
SIGN, FACADEA sign fastened to or painted on the facade of a building or structure in such manner that the facade becomes the supporting structure for, or forms the background surface of the sign, and which does not extend more than 12 inches from the supporting facade.
SIGN, FREESTANDINGAny sign not attached to a building, erected, constructed or maintained on a post or pole, or other bracing or supporting device, being used to support a sign.
SIGN, OFF-PREMISE COMMERCIALA sign containing a commercial message which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the property on which the sign is located.
SIGN, OFF-PREMISE NON-COMMERCIALA sign that does not contain a commercial message which directs attention to an institution, government, or non-profit corporation and their policies; or contains a message directed to the general public for health, safety and welfare purposes.
SIGN, PORTABLEAny sign not permanently attached to the ground or other permanent structure; or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to "A" or "T" frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicles are used in the normal day-to-day operation of the business.
SIGN, PROJECTINGA sign perpendicular to a wall or facade which is attached to and extends more than 12 inches from the surface of a building.
SIGN, REAL ESTATEA sign of an owner of real property or of a licensed real estate broker designating a property "for sale" or "for lease".
SIGN, RESIDENTIALA sign located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located.
SITE IMPROVEMENTSAny construction work on, or improvement in connection with, residential development limited to streets, roads, parking facilities, sidewalks, drainage structures, and utilities. [RSIS]
SITE PLANA development plan of one or more lots on which is shown:
A. The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways; and
B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and
C. Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the plan in accordance with the requirements of this Ordinance. [MLUL]
SITE PLAN REVIEWThe examination of the specific development plans for a lot including all pertinent data required in § 516. Wherever the term site plan approval is used in this Ordinance, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or Zoning Board of Adjustment.
SITE PLAN, MINORA development plan for one or more lots which:
A. Proposes new development in accordance with the criteria established for minor site plans in this Ordinance;
B. Does not involve planned development, any new street, or extension of any off-street improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42; and
C. Contains any other information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met. [MLUL]
STORYThat part of any building comprised between the level of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. The first story of any building shall be where more than 75% of the story is above the finished grade along the front of the building.
STREETAny street, avenue, boulevard, road, parkway, viaduct, drive or other way meeting any of the following:
A. Is an existing state, county or municipal roadway;
B. Is shown upon a plat heretofore approved pursuant to law;
C. Is approved by N.J.S.A. 40:55D-1 et seq.; or
D. Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line. [MLUL]
STREET LINEThe edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted master plan or official map, forming the dividing line between the street and a lot.
STREET TREEA tree in a public place, street, special easement or right-of-way adjoining a street constituting a large tree in size when mature.
STREETSCAPEAll of the elements that constitute the physical makeup of a street and that, as a group, define its character, including building frontage, street paving, street furniture, landscaping, including trees and other plantings, awnings and marques, signs, and lighting.
STRUCTURAL ALTERATIONAny change in the structural members of a building such as walls, columns, beams or girders.
STRUCTUREA combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land. [MLUL]
SUBDIVISIONThe division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. Any of the following shall not be considered subdivisions within the meaning of this ordinance if no new streets are created:
A. Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size;
B. Divisions of property by testamentary or intestate provisions;
C. Divisions of property upon court order including but not limited to, judgements of foreclosure;
D. Consolidation of existing lots by deed or other recorded instrument; and
E. The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision". [MLUL]
SUBDIVISION, MINORAny division of land meeting all of the following criteria:
A. Contains an aggregate of not more than three lots (two new lots and the remaining parcel).
B. Does not involve a planned development.
C. Does not involve any new street.
D. Does not require the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
E. Meets the criteria for filing an application for a minor subdivision as otherwise required in this Ordinance. [MLUL]
SWIMMING POOL, PORTABLEA temporary man-made body of water used for wading or bathing meeting all of the following criteria: does not require water filtration, circulation and purification; does not exceed 24 inches in depth; does not exceed a water surface of 250 square feet; and does not require braces or supports.
SWIMMING POOL, RESIDENTIALA swimming pool, other than a portable swimming pool, that is located on a lot principally used by one household accessory to a detached single family or two-family dwelling.
TAVERNAn establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.
TRACTA contiguous area of land composed of one or more lots to make one parcel of land meeting the requirements of this Ordinance for the use(s) intended.
TRAILER CAMPLand used or intended to be used by tents, campers, or movable dwellings. Two or more campers, whether parked or supported by foundations, shall constitute a trailer camp.
TREEA self-supporting woody plant having a single trunk or a multitrunk of lower branches, growing to a mature height of at least 16 feet.
[Added 5-20-2021 by Ord. No. 09-2021]
TURFGRASSContinuous plant coverage consisting of a grass species that is mowed to maintain an established height.
[Added 5-20-2021 by Ord. No. 09-2021]
USEAny activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
USED CAR LOTAny place out-of-doors where two or more used motor vehicles in operating condition are displayed or offered for sale.
VARIANCEPermission granted to depart from the literal requirements of a zoning ordinance pursuant to N.J.S.A. 40:55D-40b, -70c, and -70d. [MLUL]
WAIVERA deviation from a required submission item, performance standard, or design standard.
WATERFRONT COMMERCIALA specialized commercial use within the Central Business District on a minimum sized tract, planned as a single entity that may incorporate any use otherwise permitted, health and fitness facilities, conference facilities, banquet halls, night clubs, marinas or other water dependent uses, cultural facilities and similar uses into an integrated whole and with public access and orientation to the waterfront with significant amenities available to the general public.
YARD, FRONTAn open space, extending across the full width of the lot and lying between the street line and the building setback line. The depth of the front yard shall be measured horizontally at right angles from the street line, or radially on a curved street, to the building.
YARD, REARAn open space extending the full width of the lot between the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear line.
YARD, SIDEAn open space, extending from the front yard to the rear yard between the main building and each side lot line. The width of the required side yard shall be measured from the nearest point on the side lot line toward the nearest part of the main building.
ZONING OFFICERThe individual responsible for enforcement and interpretation of the zoning ordinance provisions of the City of Lambertville as designated by the Governing Body.
ZONING PERMITA document signed by the Zoning Officer: a), which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, and b), which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency. [MLUL]