This Ordinance shall be known and may be cited as the "City
of Lambertville Zoning Ordinance."
[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;
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.
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.
[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.
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.
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.
Public notice shall be given for applications otherwise excepted
from the requirements of public notice whenever variance relief is
requested.
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.
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.
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.
[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.