[Added 11-15-1999 by Ord.
No. 99-13]
Any word or term not defined herein shall be as defined in the
Municipal Land Use Law, N.J.S.A., 40:55D-1 et seq., or shall be utilized
in standard usage for the context in which the word is used. For the
purposes of this Ordinance certain terms and words are herein defined
as follows: The words "used for" include "designed for" and vice versa;
words used in the present tense include the future; words used in
the singular number include the plural number and vice versa; the
word "used" shall include "arranged", "designed", "constructed", "altered",
"converted", "rented", "leased", or "intended to be used"; the word
"dwelling" includes the word "residence" or "unit"; the word "lot"
includes the word "plot" or "parcel"; the word "shall" is mandatory
and "may" is permissive.
[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:
See DWELLING, ACCESSORY APARTMENT.
A 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.
The construction of a new improvement which changes the exterior
appearance of a building or structure which comprises an existing
improvement.
The 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.
A 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Act of 1988, as it may be amended or superseded.
Any such district delineated pursuant to N.J.A.C. 16:62-6.
Any change in the supporting members of a building such as
walls, posts, piers, columns, beams or girders.
See DWELLING and DWELLING, ACCESSORY APARTMENT, DWELLING,
APARTMENT.
A developer submitting an application for development. [MLUL]
The 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]
Indigenous 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]
For 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.
A 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.
An establishment that repairs and repaints motor vehicles
after collision, fire damage, water damage, or other natural disaster
or for the purpose of restoration.
The 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.
An establishment that recycles parts and other materials
from motor vehicles or otherwise disposes of same.
A 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.
Premises 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.
A story having more than 25% of its clear height below the
average finished grade.
A facility providing limited overnight accommodations with
a morning meal to transients for compensation.
See SIGN, OFF-PREMISE COMMERCIAL.
Any 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.
An 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.
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
[MLUL]
The 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.
A building for civic, social, educational, cultural and recreational
activities of a neighborhood or community not operated primarily for
monetary gain.
The 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.
A 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]
Any of the following:
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.
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.
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.
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.
All 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]
A 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]
Any 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]
The 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]
Any 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]
Any 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]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 7-22-2021 by Ord.
No. 16-2021]
Any 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]
The 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]
Any 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]
Any 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]
A 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.
Any building or premises or potions thereof used for washing
automobiles, light trucks and vans for compensation.
An 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.
A story having more than 25% of its clear height below the
average finished grade.
A place where patients are treated or studied by physicians
specializing in various ailments and practicing as a group.
A private organization for social purposes in which the principal
use is in enclosed buildings and limited outdoor sports are involved.
Any 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.
Vehicles used in the conduct of business, retail, service
or industrial purposes.
An 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]
A public or community use area intended for the purposes
of gardening.
[Added 5-20-2021 by Ord.
No. 09-2021]
Public 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]
A 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.
A 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.
The permitted number of dwelling units per gross area of
land to be developed [MLUL]; gross density.
Instructions that provide a general framework for sound planning
and improvements to real property.
Regulations that set forth specific improvement requirements.
[RSIS]
The zoning districts per this Ordinance pertaining to any
part of the territory of the City of Lambertville.
A defined paved or unpaved surface providing vehicular access
to a street. A driveway is not a road, street, boulevard, highway,
or parkway. [RSIS]
A room or series of connected rooms designed for permanent
human habitation containing living, cooking, sleeping and sanitary
facilities for one housekeeping unit.
A 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.
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling in a building.
A 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.
A 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.
A 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.
See TOWNHOUSE DWELLING.
A 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.
A 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.
A 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.
A 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.
Any 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]
Any 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.
The 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.
One 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.
A permanent enclosed building typically operated seasonally
where products primarily grown or produced locally are sold.
Any 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 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.
The right-of-way of a street as shown on the adopted Master
Plan, or 50 feet, whichever is greater.
A 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.
See SERVICE STATION
Gross 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.
A 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.
See ROOMING HOUSE.
The 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.
Industry 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.
One 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:
Represent a significant period in the history of the City; or
Have a distinctive character resulting from their architectural
style, relationship to other buildings, spaces, scale or other design
elements; or
Because of their distinctive character, can readily be viewed
as an area or neighborhood distinct from surrounding portions of the
City; and
Should be preserved because of its importance to archaeological,
cultural, historical, or architectural purposes and motives.
See HISTORIC SITE.
The municipal agency established pursuant to N.J.S.A. 40:55D-107
with all of the powers and duties enumerated therein.
Any 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]
An 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.
An institution where the ill or injured may receive medical,
surgical or psychiatric treatment, nursing, food, and lodging during
illness.
A 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.
A building used for religious purposes.
A 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.
A 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.
The total area of impervious surfaces divided by the total
site area.
A 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]
Any 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.
The 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]
Any 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]
Manufacturing or assembly of semi-finished products, not
including chemical or physical change of raw materials into products.
An 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.
A 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]
The area contained within the lot lines of a lot but not
including any portion of a street.
The 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.
The 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.
The horizontal distance between side lot lines measured along
the street line.
Any line forming a portion of the exterior boundary of a
lot.
The lot line abutting a road right-of-way, the STREETLINE.
The 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.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lot lines measured
along the front setback line.
A lot on the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot located to the rear of another lot, connected to the
public street frontage common to both lots by a narrow strip of land.
A lot other than a corner lot.
A unit of housing which:
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
Is built on a permanent chassis; or
Is designed to be used, when connected to utilities, as a dwelling
on a permanent foundation; and
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.
|
A 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]
Employ no more than 10 employees;
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;
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;
Acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of useable cannabis;
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
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.
See MANUFACTURED HOME.
A 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.
Those 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]
An 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]
A 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]
A 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]
A 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]
A 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]
Any 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.
An 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.
A 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.
A 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.
Any 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]
An incorporated, non-profit organization operating in a planned
development under recorded land agreement through which:
Each owner is automatically a member;
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
Each owner and tenant has the right to use the common property.
Any individual, firm, association, syndicate, partnership
or corporation having sufficient proprietary interest in the land.
Unobstructed access to parking stalls.
A lane usually set on the sides of streets, designed to provide
on-street parking. [RSIS]
A storage area provided for the parking of a motor vehicle.
[RSIS]
A level, landscaped and/or surfaced area at grade directly
adjacent to a principal building; an unroofed porch.
A surface created to facilitate passage of people and/or
vehicles, usually constructed of brick, stone, concrete, or asphalt.
[RSIS]
Any use of the land or building as permitted by this Ordinance.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel.
See SWIMMING POOL.
Offices of a recognized profession maintained for such purpose.
Leisure 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.
Leisure 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.
Any 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.
A 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.
A 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.
Establishments 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.
Establishments 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.
A 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]
Any 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.
Land 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.
A 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.
One 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.
A concrete way provided for pedestrian use and usually located
at the side of a cartway within the right-of-way.
A 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]
Any 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.
The area of the sign, exclusive of the supporting structure,
which is used in calculating the square footage of the sign.
The highest spot at any one point on the sign measured from
the grade level surrounding the sign.
Any sign which is attached to or part of an awning.
A 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.
Any sign whose sole source of artificial illumination is
outside the display portion of the sign.
A 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.
Any 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.
Any sign whose sole source of artificial illumination is
contained within the display portion of the sign.
A 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.
A 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.
Any 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.
A sign perpendicular to a wall or facade which is attached
to and extends more than 12 inches from the surface of a building.
A sign of an owner of real property or of a licensed real
estate broker designating a property "for sale" or "for lease".
A 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.
Any construction work on, or improvement in connection with,
residential development limited to streets, roads, parking facilities,
sidewalks, drainage structures, and utilities. [RSIS]
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, flood
plains, marshes and waterways; and
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
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]
The 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.
Any site plan not classified as a minor site plan. [MLUL]
A development plan for one or more lots which:
Proposes new development in accordance with the criteria established
for minor site plans in this Ordinance;
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
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]
Slopes over 15%.
That 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.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way meeting any of the following:
Is an existing state, county or municipal roadway;
Is shown upon a plat heretofore approved pursuant to law;
Is approved by N.J.S.A. 40:55D-1 et seq.; or
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]
The 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.
A tree in a public place, street, special easement or right-of-way
adjoining a street constituting a large tree in size when mature.
All 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.
Any change in the structural members of a building such as
walls, columns, beams or girders.
A 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]
The 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:
Divisions of land found by the Planning Board to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order including but not limited
to, judgements of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
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]
Any subdivision not classified as a minor subdivision. [MLUL]
Any division of land meeting all of the following criteria:
Contains an aggregate of not more than three lots (two new lots
and the remaining parcel).
Does not involve a planned development.
Does not involve any new street.
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.
Meets the criteria for filing an application for a minor subdivision
as otherwise required in this Ordinance. [MLUL]
Any pool not accessory to a detached single family or two-family
dwelling.
A 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.
A 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.
An 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.
See DWELLING, TOWNHOUSE.
A 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.
See CAMPER.
Land 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.
See CAMPER.
A 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]
Continuous plant coverage consisting of a grass species that
is mowed to maintain an established height.
[Added 5-20-2021 by Ord.
No. 09-2021]
Any 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.
Any place out-of-doors where two or more used motor vehicles
in operating condition are displayed or offered for sale.
Permission granted to depart from the literal requirements
of a zoning ordinance pursuant to N.J.S.A. 40:55D-40b, -70c, and -70d.
[MLUL]
A deviation from a required submission item, performance
standard, or design standard.
A 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.
An 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.
An 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.
An 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.
The individual responsible for enforcement and interpretation
of the zoning ordinance provisions of the City of Lambertville as
designated by the Governing Body.
A 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]
