Except as may be permitted by ordinance or the
Municipal Land Use Law:
A.
No building or structure shall be erected and no existing
building or structure shall be moved, altered, added to or enlarged,
nor shall any land or building or structure be designed, used or intended
to be used for any purpose or in any manner other than as specified
among the uses listed as permitted, accessory or conditional in the
district in which such building, structure or land is located.
B.
No building or structure shall be erected, reconstructed
or structurally altered to exceed in height the limit designated in
the district in which such building or structure is located.
C.
No building or structure shall be erected, no existing
buildings or structures shall be altered, enlarged or rebuilt, nor
shall any open space surrounding any building be encroached upon or
reduced in any manner, except in conformity with the yard, lot area
and building location regulations hereinafter designated for the district
in which such building or open space is located.
D.
The area or dimension of any lot, yard, parking area
or other space shall not be reduced to less than the minimum required
by this article; and if already less than the minimum required by
this chapter, said area or dimension shall not be further reduced.
The provisions and restrictions contained in this article shall not
apply to or be binding upon the City of Linwood.
A.
Required yards.
(1)
Every lot shall include front, side and rear yards
having the areas and dimensions required within the particular zone
in which said lot is located.
(2)
No yard or other open space provided for any building
or structure for the purpose of complying with the provisions of this
article shall be considered as providing a yard or other open space
for any other building or structure on any other lot.
(3)
No land in a residential zone shall be used to fulfill
open space, minimum areas, minimum yard and setback requirements,
parking or other similar requirements for uses in nonresidential zones.
B.
Front yards. For existing houses, the front yard shall
be determined by the street address.
C.
Front yards on corner lots. Where a lot is bounded
by two streets and is a corner lot as defined in this chapter, the
front yard setback requirements for the zone shall be satisfied with
respect to each abutting street. One of the remaining yards shall
be considered a rear yard and the other yard shall be considered a
side yard. Where a lot is bounded by three streets and is a corner
lot as defined in this chapter, the front yard setback requirements
for the zone shall be satisfied with respect to each abutting street.
One of the remaining yards shall be considered a side yard. For purposes
of determining rear yard, the rear yard will be the side deemed the
yard opposite the front yard; the narrower frontage shall be deemed
the front lot line. For square lots, the applicant shall declare the
front lot line at the time of subdivision or building permit in the
case of an isolated lot.
Yards and courts required by this article shall
be free of buildings, structures or parts thereof, and no building,
mechanical equipment or structure shall project into any front, side
or rear yard required by this article, nor shall use be made of such
yard, except as follows:
A.
In residential zones, unenclosed porches including
steps extending not more than five feet from the building line into
any required rear yard and not exceeding more than 20 square feet
in size. Unenclosed porches may have a roof.
B.
Driveways providing access to permitted garages or
parking areas; provided, however, that in residential zones, driveways
used to provide access to private garages shall not be wider than
20 feet and shall be set back a minimum of five feet from the property
line. If direct access to the garage requires a width greater than
20 feet, then the driveway width may be increased only to accommodate
direct access to the garage.
C.
Sills, eaves, leaders and similar ornamental or structural
features may project not more than 18 inches into any required setback.
D.
Fences and retaining walls, where specifically permitted
in this chapter.
E.
Freestanding flagpoles, television antennas and radio
aerial masts, children's playground equipment, outdoor fireplaces
and yard clothes lines and posts must be set back at least 10 feet
from any property line. Except for freestanding flagpoles, such structures
shall not be located in the front yard.
F.
Accessory buildings and uses, including swimming pools,
where specifically permitted in this chapter.
Driveways and parking areas shall be paved,
concrete or paver block/brick; use of loose stone, shells, or unfinished
dirt driveways and parking areas shall not be permitted.
Every principal building shall be built upon
a lot with the minimum required frontage upon an approved street which
shall be improved in accordance with the street standards established
by the City of Linwood or the Residential Site Improvement Standards
(RSIS), as applicable.
A.
Only one principal building may be erected on a lot
except for related buildings forming one principal use in accordance
with an approved plan, and limited to the following:
B.
No new building shall be constructed on or any existing
building altered or moved onto any lot for use as a dwelling when
there exists on said lot a building which is being used for dwelling
purposes.
[Added 2-23-2023 by Ord.
No. 4-2023]
A.
A rooming house or boarding house operating as a non-Oxford house model recovery home is a conditional use permitted in all residential zones as stated in § 277-4, as a reasonable accommodation for persons with disabilities, only if it meets the following specified conditions and is a cooperative sober living residence (CSLR).
(1)
The owner obtains a Class F license to operate a cooperative sober
living residence from the New Jersey Department of Community Affairs
pursuant to N.J.A.C. 5:27-1.1 et seq;
(2)
Requires a minimum separation distance of 600 feet from any other
existing or proposed CSLR facility; and
(3)
Requires a minimum separation of 1,000 feet from any school, in accordance
with the most recent Drug Free School Zone Map.
(4)
Requires anyone intending to establish a sober living home in the
City of Linwood to provide 60 days' written notice to the Linwood
Construction Office of their intention to do so. This notice shall
include the specific location of the proposed sober living home in
order to allow the City to confirm that the specified location is
consistent with and permitted under all existing Linwood ordinances.
[Added 11-8-2023 by Ord. No. 11-2023]
