Lyndhurst City Zoning Code
§ 21-3
APPLICATION OF DISTRICT REGULATIONS.
[Ord. No. 2067]
Except as hereinafter provided:
a.
No land or building hereafter shall be used, occupied, erected, moved or altered unless in conformity with the regulations hereinafter specified for the district in which it is located.
b.
No building shall hereafter be erected or altered:
1.
To exceed the height limit;
2.
To exceed the floor area ratio;
3.
To occupy a greater percentage of lot area;
4.
To accommodate or house a greater number of families; or
5.
To have narrower or smaller rear yards, front yards or side yards, than is specified for the district in which such building is located.
c.
No part of a yard or other open space required for any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
d.
No lot shall be reduced in area that it does not meet the area requirements or that any required open space will be smaller than prescribed in the Schedule of Regulations, Section 21-6, (which schedule accompanies, and which is made a part of this chapter), for the district in which the lot is located. Yards or lots created after July 1, 1988 shall meet at least the minimum requirements established by this chapter.
e.
Off-street parking space and off-street loading space shall be provided as specified in this chapter and shall be provided with necessary passageways and driveways appurtenant thereto and giving access thereto. All such parking space and loading space, together with such passageways and driveways, shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached on or reduced in any manner except as otherwise provided in this chapter.
f.
No off-street parking or loading space required for one building or use shall be included as meeting, in whole or part, the off-street parking or loading space required for another building or use.
g.
No off-street parking or loading and unloading space shall be so reduced in area that it does not meet the requirements of Section 21-8.
h.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been issued and the construction of at least the foundation or slab of the building shall have been started before the date of final adoption of this ordinance, which date is June 14, 1988.
i.
Marijuana facilities.
[Added 12-19-2018 by Ord. No. 3009-18; amended 6-10-2021 by Ord. No. 3073-21]
1.
In every zoning district referred to in this chapter, no land or building shall be:
(a)
Used or allowed to be used for the growing, cultivating, processing, storing, transporting, or selling of medicinal marijuana, its derivatives or agents; and/or
(b)
The manufacture, distribution, storing or transporting of paraphernalia that facilitates the use of medicinal marijuana; and/or
(c)
The distribution or sale of medicinal marijuana to retail and/or wholesale stores; and/or
(d)
The manufacture, storage, and/or transportation of any and all medicinal marijuana products, manufacturing facilities, retail and wholesale medicinal marijuana products, retail and wholesale medicinal marijuana testing facilities, and the operation of retail and wholesale medicinal marijuana social clubs.
2.
All activities related to the above-mentioned retail and wholesale uses, such as, but not limited to, cultivation, possession, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, delivering, dispensing, transferring and distributing of medicinal marijuana, are expressly prohibited within the Township. The foregoing shall not be construed to limit any privileges or rights of a qualifying patient or primary caregiver pursuant to the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1.
3.
Fines and penalties. The maximum penalty for violation of any provision of this Subsection i shall, upon conviction, be a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, at the discretion of the Municipal Court Judge.
j.
All classes of cannabis establishments, cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P. L. 2021, c. 16 (New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act), are prohibited from operating anywhere in the Township of Lyndhurst, except for the delivery of cannabis items and related supplies by an outside delivery service. All classes of cannabis establishments, cannabis distributors, or cannabis delivery services as said terms are defined in P. L. 2021, c. 16 (New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act) are hereby prohibited uses in all zones.
[Added 6-10-2021 by Ord. No. 3073-21]