Trenton City Zoning Code
ARTICLE 1
Title, Purpose, & Applicability
§ 315-1.1 TITLE.
This Ordinance is known, cited, and referred to as the "Land Development Ordinance of the City of Trenton," "Land Development Ordinance," or "Ordinance," and incorporates the City of Trenton Official Zoning Map.
§ 315-1.2 SCOPE.
The scope of this Ordinance:
A.
Regulates and limits the uses of land and the uses and locations of buildings and structures.
B.
Regulates and restricts the height and bulk of buildings and structures and determines the area of yards and other open spaces.
C.
Regulates and restricts the density of population and divides the City of Trenton into districts for such purposes.
D.
Adopts a map of the City showing boundaries and the classification of such districts.
E.
Establishes rules, regulations, and standards governing the subdivision and development of land within the City.
F.
Provides for a Planning Board and a Zoning Board of Adjustment.
G.
Prescribes penalties for the violation of its provisions.
§ 315-1.3 PURPOSE.
This Ordinance is adopted pursuant to N.J.S.A. 40A:55D-1 et seq. in order to promote and protect the public health, safety, and welfare, and in the furtherance of the following related and more specific objectives:
A.
Promote the orderly development of the City in accordance with the Master Plan and its guiding principles including, but not limited to, environmental justice, social equity, public safety, public health, resilience, sustainability, creativity, and educational opportunities.
B.
Encourage action to guide the appropriate use or development of all lands in the City, in a manner which will promote the public health, safety, and welfare.
C.
Secure safety from fire, flood, and other natural and man-made disasters.
D.
Provide adequate light, air, and open space.
E.
Ensure that the development of Trenton does not conflict with the development and general welfare of neighboring municipalities.
F.
Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, and the entire City as well as the preservation of the environment.
G.
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
H.
Provide sufficient space in appropriate locations for a variety of residential, recreational, commercial, and industrial uses and open space, both public and private, according to their respective environmental requirements.
I.
Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
J.
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
K.
Promote the conservation of historic sites and districts, open space, energy resources and to prevent the degradation of the environment, including but not limited to the air, water, and visual environment, through improper use of land.
L.
Encourage diverse types of housing construction.
M.
Promote the development of affordable housing and ensure that socially vulnerable populations, including low-income populations and those with disabilities or special needs, will be able to reside in the City.
N.
Establish orderly and uniform procedures relating to land use and development regulation.
O.
Promote utilization of renewable energy sources.
P.
Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste.
§ 315-1.4 APPLICABILITY AND CONFORMITY.
A.
Territorial Application.
This Ordinance applies to all land, uses, and structures within the corporate limits of the City of Trenton.
B.
General Application.
In their interpretation and application, the provisions of this Ordinance are held to be the general requirements for the promotion and protection of the public health, safety, and welfare.
C.
Required Conformance.
Any part or whole of a structure must be erected, constructed, reconstructed, moved, and enlarged in conformance with the requirements of this Ordinance. Any structure or land must be used and occupied in conformance with the requirements of this Ordinance.
D.
Relation to Private Agreements.
This Ordinance does not nullify any private agreement or covenant. However, where this Ordinance is more restrictive than a private agreement or covenant, this Ordinance controls. The City will not enforce any private agreement or covenant.
E.
Relation to Other Laws and Regulations.
Unless otherwise specifically provided, this Ordinance controls over less restrictive City statutes, ordinances, or regulations, and more restrictive City statutes, ordinances, or regulations control over the provisions of this Ordinance.
F.
Rules of Ordinance Construction.
This Ordinance contains graphics in order to assist the user in understanding and applying the Ordinance. However, where there is any inconsistency between the text of this Ordinance and any such graphics, the text controls unless otherwise specifically stated.
G.
Scrivener's Errors.
The Zoning Officer may approve scrivener's errors to this Ordinance. Such corrections do not require a text amendment. A scrivener's error is a legal principle that permits a typographical error to be corrected administratively. If such correction is substantial and effects the application of this Ordinance and any property affected by it, then a text amendment is required. Scrivener's error must be an error due to a minor mistake or inadvertence and not one that occurs from any zoning interpretation.
§ 315-1.5 TRANSITION RULES.
A.
Existing Uses.
The following transition rules apply to uses operating as of the effective date of this Ordinance,[1] or any subsequent amendment.
1.
If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance or any subsequent amendment, and now that use is classified as a permitted use as of the effective date of this Ordinance or any subsequent amendment, that use is classified as a permitted use.
2.
If a structure or land is used in a manner that was classified as a conditional use prior to the effective date of this Ordinance or any subsequent amendment, and now that use is classified as a conditional use as of the effective date of this Ordinance or any subsequent amendment, that use is classified as a conditional use and subject to all approval conditions under which it was originally approved.
3.
If a structure or land is used in a manner that was classified as a permitted use prior to the effective date of this Ordinance or any subsequent amendment, and now that use is classified as a conditional use as of the effective date of this Ordinance or any subsequent amendment to this Ordinance, that use is classified as a conditional use provided it meets the conditions imposed. Any subsequent alteration of that use must conform to the procedural and substantive requirements of this Ordinance for conditional uses.
4.
If a structure or land is used in a manner that was classified as a conditional use prior to the effective date of this Ordinance or any subsequent amendment, and that use is now classified as a permitted use as of the effective date of this Ordinance or any subsequent amendment, that use is classified a permitted use. Any subsequent alteration of that use must conform to any Ordinance requirements for such permitted use. Previous conditions attached to the conditional use do not apply.
5.
If a structure or land is used in a manner that was classified as permitted or conditional use prior to the effective date of this Ordinance or any subsequent amendment, but this Ordinance no longer classifies that use as either a permitted or conditional use in the zoning district in which it is located, that use is deemed a nonconforming use and is controlled by the provisions of Article 16.
B.
Structures Rendered Nonconforming.
If a structure existing on the effective date of this Ordinance was a conforming structure before the effective date of this Ordinance, but such structure does not meet all standards set forth in this Ordinance in the zoning district in which it is located, that structure is deemed a nonconforming structure and is controlled by the provisions of Article 16.
C.
Lots Rendered Nonconforming.
If a lot of record existing on the effective date of this Ordinance was a conforming lot before the effective date of this Ordinance, but such lot does not meet all standards set forth in this Ordinance in the zoning district in which it is located, that lot is deemed a nonconforming lot of record and is controlled by the provisions of Article 16.
D.
Site Elements Rendered Nonconforming.
If a previously approved site element existing on the effective date of this Ordinance was conforming before the effective date of this Ordinance or any subsequent amendment to this Ordinance, but such site element does not meet all standards set forth in this Ordinance in the zoning district in which it is located, that site element is deemed a nonconforming site element and is controlled by the provisions of Article 16.
E.
Previously Issued Building Permits.
If a building permit for a structure was lawfully issued prior to the effective date of this Ordinance, and remains active and in good standing, the structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended.
F.
Previously Granted C and D Variances.
All variance approvals granted prior to the effective date of this Ordinance remain in full force and effect, unless such variance is no longer needed after the effective date. The recipient of the variance may proceed to develop or use the property in accordance with the approved plans and any applicable conditions. However, if the recipient has failed to act on the variance before the approval expires, including any approved periods of extension, then the variance becomes null and void.
G.
Previously Granted Conditional Uses.
All conditional uses granted prior to the effective date of this Ordinance, but where the use has not yet commenced, remain in full force and effect. The recipient of the conditional use may proceed to use the property in accordance with the approved permit and any applicable conditions. If the recipient has failed to act on the conditional use before the approval expires, including any approved periods of extension, then the conditional use is null and void.
H.
Previously Approved Subdivisions.
Previously approved subdivisions remain in effect and continue to control the development of land that is subject to the approval.
I.
Pending Applications.
1.
A zoning application that has been deemed complete and has been scheduled for a public hearing or meeting, as applicable, is subject to the Ordinance requirements in effect on the date the application was deemed complete.
2.
A building permit that has been submitted and deemed complete is subject to the Ordinance requirements in effect on the date the application was deemed complete.
J.
Existing Unlawful Uses.
Any use that was unlawful at the time of the adoption of this Ordinance and is in conflict with the requirements of this Ordinance remains unlawful.
§ 315-1.6 SEVERABILITY.
If any section, paragraph, subdivision, clause, sentence, or provision of this Ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, invalidate, or nullify the remainder of this Ordinance. The effect of the judgment is confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which judgment or decree was rendered.