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City of Linwood, NJ
Atlantic County
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Table of Contents
Table of Contents
For convenient reference, the standards memorialized in this chapter are summarized in tabular form and are attached hereto in Schedules A-1, A-2 and B.[1] To the extent there is any discrepancy between these Schedules and this article, the provisions of this article shall prevail.
[1]
Editor's Note: Schedules A-1, A-2 and B are included at the end of this chapter.
A. 
Within any Dwelling R-20 Zone, the following principal and accessory uses are permitted:
(1) 
Private single-family dwellings, municipal uses, parks, playgrounds and other public recreation use, swimming pools, spas/hot tubs, fences/walls, sheds, flagpoles, TV and radio towers and antennas (excluding satellite dish antennas), ham radio receiving and transmitting antennas, gazebos/garden houses, tennis courts and PODS®.
(2) 
Private garages and/or accessory buildings for uses incidental to the main residence, provided that all are on the same lot.
B. 
Prohibited uses.
(1) 
Within any Dwelling R-20 Zone, the following uses are prohibited:
(a) 
Any business or commercial activity.
(b) 
Any structure or land used in whole or in part for any industrial, manufacturing, commercial or trade purposes.
(2) 
These restrictions apply equally to rental units.
(3) 
The enumeration of prohibited uses is by way of example and not limitation. Any use not expressly permitted shall be considered prohibited.
C. 
Lot size, coverage and setbacks.
(1) 
A lot within the Dwelling R-20 Zone shall have a width of at least 100 feet and a depth of at least 125 feet, with a minimum area of 20,000 square feet. Only those portions of the lot actually situate within the Dwelling R-20 Zone shall be utilized for purposes of satisfying the aforesaid bulk criteria.
(2) 
Coverage.
(a) 
In a lot within the Dwelling R-20 Zone, principal building coverage shall not exceed 25% and total lot coverage shall not exceed 35%.
(b) 
Nonconforming lots in the R-20 Zone existing prior to adoption of this subsection shall have a principal building coverage of 30% of the first 10,000 square feet and 25% of the area in excess of 10,000 square feet; and a total lot coverage of 40% of the first 10,000 square feet and 35% of the area in excess of 10,000 square feet.
(3) 
The main building or any permitted detached accessory buildings shall be set back at least 30 feet from the front property line.
(4) 
Setback.
(a) 
The main building shall have a minimum rear yard setback of 20 feet (or 20% of the lot depth, not to exceed 30 feet, whichever is greater), and the side yard setback shall be at least 25 feet.
(b) 
Nonconforming lots in the R-20 Zone less than 10,500 square feet shall have a side yard setback of 10 feet for lots with a width 100 feet and shall provide one foot of additional setback (on each side) for each four-foot increase in lot width up to a maximum of a twenty-five-foot side yard setback.
D. 
Street frontage. A lot within the Dwelling R-20 Zone shall have a minimum of 100 feet of frontage on an improved public street.
E. 
Height of structures.
(1) 
The height of the primary structure may not exceed 35 feet from average grade along the foundation to the highest point or 33 feet from the base flood elevation if the structure is located in a flood hazard area (chimneys are excluded).
[Amended 9-25-2013 by Ord. No. 18-2013]
(2) 
Primary structures may not exceed 2 1/2 stories.
F. 
Landscaping.
(1) 
Front yard landscaping in the R-20 Zone shall be a minimum coverage of 65% pervious vegetation (grass, plants, shrubs, trees).
(2) 
No street trees in the right-of-way shall be removed for the construction of any driveway or curb cut without the approval of the Linwood Shade Tree Commission.
A. 
Within any Dwelling R-15 Zone, the following principal and accessory uses are permitted:
(1) 
Private single-family dwellings, municipal uses, parks, playgrounds and other public recreation use, swimming pools, spas/hot tubs, fences/walls, sheds, flagpoles, TV and radio towers and antennas (excluding satellite dish antennas), ham radio receiving and transmitting antennas, gazebos/garden houses, tennis courts and PODS®.
(2) 
Private garages and/or accessory buildings for uses incidental to the main residence, provided that all are on the same lot.
B. 
Prohibited uses.
(1) 
Within any Dwelling R-15 Zone, the following uses are prohibited:
(a) 
Any business or commercial activity.
(b) 
Any structure or land used in whole or in part for any industrial, manufacturing, commercial or trade purposes.
(2) 
These restrictions apply equally to rental units.
(3) 
The enumeration of prohibited uses is by way of example and not limitation. Any use not expressly permitted shall be considered prohibited.
C. 
Lot size, coverage and setbacks.
(1) 
A lot within the Dwelling R-15 Zone shall have a width of at least 100 feet and a depth of at least 100 feet, with a minimum area of 15,000 square feet. Only those portions of the lot actually situate within the Dwelling R-15 Zone shall be utilized for purposes of satisfying the aforesaid bulk criteria.
(2) 
Coverage.
(a) 
In a lot within the Dwelling R-15 Zone, principal building coverage shall not exceed 25% and total lot coverage shall not exceed 35%.
(b) 
Nonconforming lots in the R-15 Zone existing prior to adoption of this subsection shall have a principal building coverage of 30% of the first 10,000 square feet and 25% of the area in excess of 10,000 square feet; and a total lot coverage of 40% of the first 10,000 square feet and 35% of the area in excess of 10,000 square feet.
(3) 
The main building or any permitted detached accessory buildings shall be set back at least 25 feet from the front property line.
(4) 
The main building shall have a minimum rear yard setback of 25 feet (or 20% of the lot depth, whichever is greater, not to exceed 30 feet), and the side yard setback shall be at least 25 feet.
(5) 
Nonconforming lots in the R-15 Zone less than 10,500 square feet shall have a side yard setback of 10 feet for lots with a width of 100 feet and shall provide one foot of additional setback (on each side) for each four-foot increase in lot width up to a maximum of a twenty-five-foot side yard setback.
D. 
Street frontage. A lot within the Dwelling R-15 Zone shall have a minimum of 100 feet of frontage on an improved public street.
E. 
Height of structure.
(1) 
The height of the primary structure may not exceed 35 feet from average grade along the foundation to the highest point or 33 feet from the base flood elevation if the structure is located in a flood hazard area (chimneys are excluded).
[Amended 9-25-2013 by Ord. No. 18-2013]
(2) 
Primary structures may not exceed 2 1/2 stories.
F. 
Landscaping.
(1) 
Front yard landscaping in the R-15 Zone shall be a minimum coverage of 60% pervious vegetation (grass, plants, shrubs, trees).
(2) 
No street trees in the right-of-way shall be removed for the construction of any driveway or curb cut without the approval of the Linwood Shade Tree Commission.
A. 
Within any Dwelling R-10 Zone, the following principal and accessory uses are permitted:
(1) 
Private single-family dwellings, municipal uses, parks, playgrounds and other public recreation use, swimming pools, spas/hot tubs, fences/walls, sheds, flagpoles, TV and radio towers and antennas (excluding satellite dish antennas), ham radio receiving and transmitting antennas, gazebos/garden houses, tennis courts and PODS®.
(2) 
Private garages and/or accessory buildings for uses incidental to the main residence, provided that all are on the same lot.
B. 
Prohibited uses.
(1) 
Within any Dwelling R-10 Zone, the following uses are prohibited:
(a) 
Any business or commercial activity.
(b) 
Any structure or land used in whole or in part for any industrial, manufacturing, commercial or trade purposes.
(2) 
These restrictions apply equally to rental units.
(3) 
The enumeration of prohibited uses is by way of example and not limitation. Any use not expressly permitted shall be considered prohibited.
C. 
Lot size, coverage and setbacks.
(1) 
A lot within the Dwelling R-10 Zone shall have a width of at least 100 feet and a depth of at least 100 feet, with a minimum area of 10,000 square feet. Only those portions of the lot actually situate within the Dwelling R-10 Zone shall be utilized for purposes of satisfying the aforesaid bulk criteria.
(2) 
In a lot within the Dwelling R-10 Zone, principal building coverage shall not exceed 30% and total lot coverage shall not exceed 40%.
(3) 
The main building or any permitted detached accessory buildings shall be set back at least 20 feet from the front property line.
(4) 
The main building shall have a minimum rear yard setback of 20 feet (or 20% of the lot depth, whichever is greater, not to exceed 30 feet), and the side yard setback shall be at least 10 feet.
(5) 
Street frontage. A lot within the Dwelling R-10 Zone shall have a minimum of 100 feet of frontage on an improved public street.
(6) 
Height of structure.
(a) 
The height of the primary structure may not exceed 35 feet from average grade along the foundation to the highest point or 33 feet from the base flood elevation if the structure is located in a flood hazard area (chimneys are excluded).
[Amended 9-25-2013 by Ord. No. 18-2013]
(b) 
In the area between the minimum side yard setback and 20 feet from the side yard line, the maximum permissible height of the structure shall be 25 feet or 23 feet from the base flood elevation if the structure is located in a flood hazard area.
[Amended 9-25-2013 by Ord. No. 18-2013]
(c) 
Primary structures may not exceed two stories.
D. 
Landscaping.
(1) 
Front yard landscaping in the R-10 Zone shall be a minimum coverage of 60% pervious vegetation (grass, plants, shrubs, trees).
(2) 
No street trees in the right-of-way shall be removed for the construction of any driveway or curb cut without the approval of the Linwood Shade Tree Commission.
A. 
Within any Dwelling R10-PL Zone, the following principal and accessory uses are permitted:
(1) 
Private single-family dwellings, utilizing private lanes or drives to provide access to one or more lots.
(2) 
Private garages and/or accessory buildings for uses incidental to the main residence, provided that all are on the same lot.
B. 
Prohibited uses.
(1) 
Within any Dwelling R10-PL Zone, the following uses are prohibited:
(a) 
Any business or commercial activity.
(b) 
Any structure or land used in whole or in part for any industrial, manufacturing, commercial or trade purposes.
(2) 
These restrictions apply equally to rental units.
(3) 
The enumeration of prohibited uses is by way of example and not limitation. Any use not expressly permitted shall be considered prohibited.
C. 
Within the R10-PL Zone, the minimum lot size shall be 10,000 square feet.
D. 
Coverage and setbacks.
(1) 
Maximum principal building coverage shall be 30%.
(2) 
Maximum total lot coverage shall not exceed 40%.
(3) 
Minimum front yard setback shall be 20 feet.
(4) 
Minimum rear yard setback shall be 20 feet or 20% of the lot depth up to a maximum of 30 feet, whichever is greater.
(5) 
Minimum side yard setback shall be 10 feet.
(6) 
Minimum lot depth shall be 100 feet.
(7) 
Minimum road frontage shall be 75 feet.
(8) 
Minimum width shall be 75 feet.
(9) 
Maximum height of structure.
(a) 
The height of the primary structure may not exceed 35 feet from average grade along the foundation to the highest point or 33 feet from the base flood elevation if the structure is located in a flood hazard area (chimneys are excluded).
[Amended 9-25-2013 by Ord. No. 18-2013]
(b) 
In the area between the minimum side yard setback and 20 feet from the side yard line, the maximum permissible height of the structure shall be 25 feet or 23 feet from the base flood elevation if the structure is located in a flood hazard area.
[Amended 9-25-2013 by Ord. No. 18-2013]
(c) 
Primary structures may not exceed two stories.
(10) 
Lanes and/or private drives shall have a minimum width of 25 feet.
(11) 
Not more than six residences or lots may be serviced by any single private lane.
(a) 
Private lanes and/or drives shall be constructed with a six-inch gravel base with two inches of FABC paving.
(b) 
Ownership of private lanes and/or drives shall be maintained jointly by those being serviced by the lane or private drive.
(c) 
Responsibility for the maintenance and/or improvements of the private lane or drive lays with the owners of said private lane or drive.
(d) 
Municipal services will be provided so long as there is adequate turnaround for City vehicles and so long as the lane or drive is properly maintained.
(e) 
All lanes and private drives (except those servicing one lot) shall have an adequate turnaround for emergency vehicles.
(f) 
Inspections.
[1] 
Periodic inspections of all private lanes and/or drives shall be conducted by the Engineer of the City of Linwood (or his/her designee) and recommendations shall be made by said Engineer to City Council regarding any necessary maintenance or improvements.
[2] 
The expense incurred by the City to perform any necessary maintenance, inspections, or improvements shall be assessed upon the owner(s) of the lane or private drive.
E. 
Landscaping.
(1) 
Front yard landscaping in the R10-PL Zone shall be a minimum coverage of 60% pervious vegetation (grass, plants, shrubs, trees).
(2) 
No street trees in the right-of-way shall be removed for the construction of any driveway or curb cut without the approval of the Linwood Shade Tree Commission.
A. 
Within any Dwelling R-SR Zone, the following principal and accessory uses are permitted:
(1) 
Private single-family dwellings, municipal uses, parks, playgrounds and other public recreation use, swimming pools, spas/hot tubs, fences/walls, sheds, flagpoles, TV and radio towers and antennas (excluding satellite dish antennas), ham radio receiving and transmitting antennas, gazebos/garden houses, tennis courts and PODS®.
(2) 
Private garages and/or accessory buildings for uses incidental to the main residence, provided that all are on the same lot.
B. 
Prohibited uses.
(1) 
Within any Dwelling R-SR Zone, the following uses are prohibited:
(a) 
Any business or commercial activity.
(b) 
Any structure or land used in whole or in part for any industrial, manufacturing, commercial or trade purposes.
(2) 
These restrictions apply equally to rental units.
(3) 
The enumeration of prohibited uses is by way of example and not limitation. Any use not expressly permitted shall be considered prohibited.
C. 
Lot size, coverage and setbacks.
(1) 
A lot within the Dwelling R-SR Zone shall have a width of at least 100 feet and a depth of at least 125 feet, with a minimum area of 15,000 square feet. Only those portions of the lot actually situate within the Dwelling R-SR Zone shall be utilized for purposes of satisfying the aforesaid bulk criteria.
(2) 
Coverage.
(a) 
In a lot within the Dwelling R-SR Zone, principal building coverage shall not exceed 25% and total lot coverage shall not exceed 35%.
(b) 
Nonconforming lots in the R-SR Zone existing prior to adoption of this subsection shall have a principal building coverage of 30% of the first 10,000 square feet and 25% of the area in excess of 10,000 square feet; and a total lot coverage of 40% of the first 10,000 square feet and 35% of the area in excess of 10,000 square feet.
(3) 
The main building or any permitted detached accessory buildings shall be set back at least 30 feet or the prevailing setback (whichever is greater) from the front property line.
(4) 
Setbacks.
(a) 
The main building shall have a minimum rear yard setback of 25 feet (or 20% of the lot depth, whichever is greater, not to exceed 30 feet), and the side yard setback shall be at least 20 feet.
(b) 
Nonconforming lots in the R-SR Zone of less than 10,500 square feet existing prior to the adoption of this subsection shall have a side yard setback of 10 feet on lots with a width of 100 feet or less and shall provide one foot of additional setback (on each side) for each four-foot increase in lot width up to a maximum requirement of a twenty-five-foot side yard setback.
D. 
Street frontage. A lot within the Dwelling R-SR Zone shall have a minimum of 100 feet of frontage on an improved public street.
E. 
Height of structure.
(1) 
The height of the primary structure may not exceed 35 feet from average grade along the foundation to the peak of the roof or 33 feet from the base flood elevation if the structure is located in a flood hazard area (chimneys are excluded).
[Amended 9-25-2013 by Ord. No. 18-2013]
(2) 
Primary structures may not exceed 2 1/2 stories.
F. 
Landscaping.
(1) 
Front yard landscaping in the R-SR Zone shall be a minimum coverage of 60% pervious vegetation (grass, plants, shrubs, trees).
(2) 
No street trees in the right-of-way shall be removed for the construction of any driveway or curb cut without the approval of the Linwood Shade Tree Commission.
A. 
Within any Dwelling RT Zone, the following uses are permitted:
(1) 
Private single-family dwellings, multifamily dwellings, municipal uses, parks, playgrounds and other public recreation use, swimming pools, spas/hot tubs, fences/walls, sheds, flagpoles, TV and radio towers and antennas (excluding satellite dish antennas), ham radio receiving and transmitting antennas, gazebos/garden houses, tennis courts and PODS®.
(a) 
Single-family residences in the RT Zone shall comply with all of the bulk requirements of the R-10 Zone.
(2) 
Townhome and/or duplex family residences.
(3) 
Private garages and/or accessory buildings for uses incidental to the main residence, provided that all are on the same lot.
B. 
Prohibited uses.
(1) 
Within any Dwelling RT Zone, the following uses are prohibited:
(a) 
Any business or commercial activity.
(b) 
Any structure or land used in whole or in part for any industrial, manufacturing, commercial or trade purposes.
(2) 
These restrictions apply equally to rental units.
C. 
Townhomes and/or duplex family residences within the RT Zone shall comply with the following bulk requirements:
(1) 
Minimum lot area shall be no less than 15,000 square feet.
(2) 
Minimum front yard setback shall be 25 feet.
(3) 
Minimum rear yard setback shall be 25 feet or 20% of the lot depth, whichever is greater.
(4) 
Minimum side yard setbacks shall be 10 feet.
(5) 
Minimum road frontage shall be 100 feet.
(6) 
Minimum lot depth shall be 100 feet.
(7) 
Minimum lot width shall be 100 feet.
(8) 
Maximum building coverage shall be 30%.
(9) 
Maximum total lot coverage shall be 40%.
(10) 
The height of the primary structure may not exceed 35 feet from average grade along the foundation to the peak of the roof or 33 feet from the base flood elevation if the structure is located in a flood hazard area (chimneys are excluded).
[Amended 9-25-2013 by Ord. No. 18-2013]
(11) 
In the area between the minimum side yard setback and 20 feet from the side yard line, the maximum permissible height of the structure shall be 25 feet or 23 feet from the base flood elevation if the structure is located in a flood hazard area.
[Amended 9-25-2013 by Ord. No. 18-2013]
(12) 
Primary structures may not exceed two stories.
The following shall apply to the Business Zone:
A. 
Permitted uses.
(1) 
Within any Business Zone, no building, structure or land shall be used, and no building or structure shall be erected which is arranged, intended or designed for any use other than the following:
(a) 
A restaurant, other than fast-food service.
(b) 
A professional, business, bank, financial or brokerage office.
(c) 
Retail sale of goods and services, but not including the sale of motor fuels or auto service station.
(d) 
A personal service establishment, such as, but not limited to, a tailor shop, barbershop or beauty or nail salon.
(e) 
A medical or dental clinic.
(f) 
A studio, such as, but not limited to, art, dance, gymnastic, music; an art gallery.
(g) 
A theater or auditorium.
(h) 
A repair shop for common household and office items employing not more than four persons.
(i) 
A library; a church; a public service facility related to the function of a local, state or federal government.
(j) 
A day nursery.
(k) 
A pet shop, veterinary hospital or grooming establishment, provided that the entire facility is located within a fully enclosed air-conditioned and soundproof building and further provided that said use does not include boarding kennels.
(l) 
Nursing homes:
[1] 
Congregate care.
[2] 
Assisted living.
(m) 
Funeral homes.
[Added 12-14-2011 by Ord. No. 19-2011]
(2) 
Specifically excluded from any Business Zone is any residential use; any use for storage, industrial or manufacturing purposes, except as set forth herein; any gasoline filling station, garage or automotive repair shop.
(3) 
Up to 50% of the floor area of any permitted building in the Business Zone may be used for storage of merchandise to be sold at retail.
(4) 
A buffer area of not less than 30 feet in width shall be required within the front, rear and side yard setbacks. The front buffer area shall be used exclusively for landscaping, signs and access. Side and rear buffer areas shall be used exclusively for landscaping and screening.
(5) 
Any principal building shall have a first floor area of at least 4,000 square feet, exclusive of related accessory structures.
B. 
Lot size, coverage and setbacks.
(1) 
Minimum tract size: five acres.
(2) 
Minimum perimeter buffer: 40 feet.
(3) 
Maximum building height: 40 feet.
(4) 
Minimum setbacks: 40 feet.
(5) 
Maximum building coverage: 35%.
(6) 
Maximum total coverage: 70%.
C. 
Within any Business Zone, no building structure or land shall be used, and no building or structure shall be erected which is arranged, intended or designed for the following:
(1) 
All residential uses.
(2) 
Tattoo sales and services.
(3) 
Laundromat.
A. 
Consistent with sound planning principles for larger planned residential developments, higher density, small lot development is permitted in the Planned Residential Development Zone only if the proposed development meets specific criteria dealing with site size, buffers and other standards.
B. 
Specific objectives of the Planned Residential Development Zone are the following:
(1) 
To conserve larger parcels of land for future use.
(2) 
To allow a wide range of uses and even a mixture of uses within the same development.
(3) 
To encourage cohesive design of planned developments.
(4) 
To assure quality development which respects the community environment, character and scale.
C. 
Principal permitted uses.
(1) 
R-10 Zone uses, provided that each meets the requirements of the R-10 Zone regulations.[1]
[1]
Editor's Note: See § 277-27.
(2) 
RT Zone uses, provided that each meets the requirements of the RT Zone regulations.[2]
[2]
Editor's Note: See §  277-30.
(3) 
R-15 Zone uses, provided that each meets the requirements of the R-15 Zone regulations.[3]
[3]
Editor's Note: See § 277-26.
D. 
Standards.
(1) 
Any building used for dwelling zone purposes shall conform to the minimum requirements of the R-10 Zone.
A. 
In any zone in which there is application for development with respect to a lot partially located in the Conservation Zone, notwithstanding any other provision in the municipal land use ordinances to the contrary, for purposes of compliance with bulk requirements and setbacks, all calculations shall be based entirely upon portion of the lot which constitutes uplands, inclusive of redevelopment areas.
B. 
This determination of the conservation line shall be as established by the Department of Environmental Protection of the State of New Jersey, to be confirmed by the Municipal Engineer.
The following shall apply in the Recreation ROP Zone:
A. 
Use regulations. No building or structure shall be erected and no building, structure or land shall be used for any purpose other than the following:
(1) 
All those uses specifically permitted in the Conservation Zone.
(2) 
Publicly or privately maintained recreational open space facilities, such as golf courses, tennis, basketball and hockey courts, swimming pools, ball fields, woodland trails, bicycle trails, playgrounds and picnic areas.
B. 
Objectives. It is the intention of this chapter to restrict the development of the Recreation Open Space Zone so as to prevent further deterioration, marring and/or destruction of these lands and to ensure the preservation of the recreational open space resources of the City of Linwood for the benefit and enjoyment of its citizens.
C. 
Lot size, coverage and setbacks. The lot size, coverage and setback provisions of § 277-38 shall apply to any building or structure in the Recreation Open Space Zone.
D. 
Site plan review required. Before a construction permit or certificate of occupancy can be issued for any use, other than a Dwelling A or Dwelling B within the Recreation Open Space Zone, site plans for such use shall be submitted to the Linwood Planning Board, pursuant to N.J.S.A. 40:55D-76, for its approval in the same manner and according to the same requirements as contained in § 277-38 of this chapter.
[Amended 4-11-2018 by Ord. No. 6-2018]
The following shall apply to the Institutional I Zone:
A. 
No building or structure shall be erected and no building, structure or land shall be used for any purpose other than the following:
(1) 
All those uses specifically permitted in the Conservation Zone.
(2) 
All those uses specifically permitted in the Recreation Open Space Zone.
(3) 
Places of worship, parish houses, convents and cemeteries.
(4) 
Schools and institutions of higher learning.
(5) 
Public buildings of a governmental or cultural nature.
B. 
Lot size, coverage and setbacks. The lot size, coverage and setback provisions of § 277-38 shall apply to any building or structure in the Institutional Zone.
Pursuant to the local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., as amended and supplemented, Linwood has undertaken a program for the redevelopment of certain property. The City has designated certain parcels as areas in need of redevelopment through the adoption of Resolution No. 197 of 2002 on August 14, 2002. Pursuant to a recommendation duly made by the Planning Board on September 15, 2003, the governing body adopted Resolution No. 260 of 2003, declaring the parcels areas in need of redevelopment. On October 27, 2004, the governing body adopted Ordinance No. 20 of 2004, adopting the Redevelopment Plan, and thereafter on November 21, 2005, the governing body approved a Redevelopment Agreement by Ordinance No. 18 of 2005. The land use controls for the Redevelopment Zone are embodied in the Redevelopment Plan, the Redevelopment Agreement and the various ordinances pertaining to same as amended and supplemented from time to time.
A. 
Minimum required off-street parking schedule for nonresidential uses. The number of off-street parking spaces required for any nonresidential use shall be determined by reference to Parking Schedule I below.
(1) 
Unscheduled uses. Off-street parking requirements for uses not listed in Parking Schedule I shall be established by the Board, based upon accepted industry standards.
(2) 
Combined uses. In the case of a combination of uses, the off-street parking requirement shall consist of the sum of the spaces required for each individual use unless it can be demonstrated that staggered hours would permit modification.
(3) 
Fractional spaces. Whenever the application of Parking Schedule I standards results in the requirements of a major fraction of a space in excess of 0.5, a full space shall be required.
Parking Schedule I
Parking Requirements for Nonresidential Uses
Use
Required Parking Spaces
Banks and financial institutions
1 for each 300 square feet of building area or 5 per teller, whichever is greater
Offices
1 per 200 square feet of building area
Medical offices
1 per 150 square feet of building area
Outdoor recreation:
Court games
4 per court
Other
1 per 150 square feet of assemblage space
Houses of worship, community buildings, social halls and places of indoor public assembly
1 for each 3 seats (60-inch pew). Where the specific amount of seating is undetermined, then 1 parking space shall be required for each 75 square feet of assemblage area.
Restaurant (Note: Take-out components of restaurants shall add one additional space for each 25 square feet of take-out service area.)
1 for each 2.5 seats
Retail uses not separately listed (Note: Retail uses such as delis, bakeries and coffee shops with on-site seating shall add one additional space for every three seats.)
5 per 1,000 square feet of building area
Educational facility:
Elementary and intermediate school
1 per employee
Secondary school
1 per employee plus 1 per each 5 students in grades 11 and 12
Post-secondary and other educational facility
1 per employee plus 2 per each 3 full-time students and 1 for each 5 part-time students
Nursing homes
1 per bed
B. 
Minimum required off-street parking schedule for residential uses. The number of off-street parking spaces required for residential uses shall be determined pursuant to N.J.A.C. 5:21, as amended, and by reference to Parking Schedule II below. Alternative parking standards to those shown in the schedule below shall be accepted if the applicant demonstrates these standards better reflect local conditions. Factors affecting minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location and available off-site parking sources.
Parking Schedule II (Note a)
Parking Requirements for Residential Land Uses
Housing Unit Type/Size
Required Parking Spaces
Single-family detached:
2-bedroom
1.5
3-bedroom
2.0
4-bedroom
2.5 (Note c)
5-bedroom
3.0
Garden apartment (Note b):
1-bedroom
1.8
2-bedroom
2.0 (Note c)
3-bedroom
2.1
Townhouse (Note b):
1-bedroom
1.8
2-bedroom
2.3 (Note c)
3-bedroom
2.4
Retirement community
Values shall be commensurate with the most appropriate housing type and size noted above that the retirement community resembles
Assisted living
0.5 (Note d)
Notes:
a.
As amended from time to time.
b.
Requirements for attached units (apartment/condominium/townhouse) include provisions for guest parking.
c.
If applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.
d.
The Board may grant waivers and exceptions where appropriate.
(1) 
A one-car garage and driveway combination shall count as two off-street parking spaces, provided the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way. A two-car garage and driveway combination shall count as 3.5 off-street parking spaces, provided a minimum parking area width of 20 feet is provided for a minimum length of 18 feet as specified for a one-car garage and driveway combination.
(2) 
When housing is included in mixed-use development, a shared parking approach to the provision of parking may be permitted.
(3) 
When, in the judgment of the Board, on-street parking is available, then only that proportion of the parking requirement which is not available on the street shall be provided in off-street parking facilities. A length of 23 feet per on-street parking space shall be used in calculating the number of available on-street parking spaces.
(4) 
For projects containing dwelling units required by the New Jersey Uniform Construction Code's Barrier Free Subcode (N.J.A.C. 5:23-7), to be accessible, parking spaces for people with disabilities shall be provided in accordance with the requirements of the Barrier Free Subcode and shall be considered part of the total number of required spaces.
A. 
Continuance of existing nonconforming uses and structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this article.
B. 
Alteration, extension or enlargement of nonconforming use or structure.
(1) 
A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.
(2) 
No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(a) 
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(b) 
Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(c) 
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
(3) 
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this article, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
(4) 
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
C. 
Any nonconforming use, building or structure, other than a single-family detached dwelling on an undersized lot, which shall be more than 50% damaged by reason of windstorm, fire, explosion or other act of God or man shall be deemed completely destroyed and the use, building or structure may not be reestablished, rebuilt, restored or repaired except in conformity with this chapter. For single-family homes on undersized lots which shall be destroyed as described above, said structures may be reconstructed, provided that no aspect of the new or rebuilt structure increases any nonconformity of the original structure or causes any new nonconformity with this chapter.
D. 
Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this article, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.
E. 
Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and which said improved lot is nonconforming due to size, shape, area or setback, any existing residential building or structure on the lot may be further improved, provided that:
(1) 
The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone, unless approved by the Planning Board.
[Amended 4-11-2018 by Ord. No. 6-2018]
(2) 
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming including any vertical additions of any type.
(3) 
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage set forth in Schedule B.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
(4) 
Any existing and proposed improvement on the nonconforming improved lot shall conform to all other zone standards, including off-street parking.
F. 
No nonconforming lot shall be made more nonconforming through subdivision, resubdivision or any such other action. Where two or more contiguous, nonconforming lots are in common ownership, these lots shall be considered combined for the purposes of meeting the requirements of this chapter. Such combined lots shall not be subdivided or resubdivided except in conformance with this chapter.
Within any residential zone, no outside steps or outside stairway extending above the first or ground floor of any building or structure shall be constructed or permitted.
A Conservation Zone has been established within the municipality so as to prevent deterioration, marring and/or destruction of wetlands and to ensure the preservation of this environmentally vital, ecologically sensitive natural resource. Those properties situate in the municipality which are partially within and partially outside of the wetlands (i.e., split-zoned lots) present particular and unique problems which must be addressed in order that development thereof will minimize damage to the wetlands and impairment of the Comprehensive Zoning Plan of the City of Linwood. Accordingly, it is the purpose of these regulations to maintain the integrity of the Zone Plan by preventing the creation of substandard lots with an irregularly shaped and undersized effective building area, to minimize drainage problems and to prevent, as far as practicable and reasonable, damage to fragile wetlands. The municipality specifically recognizes and takes note of the fact that the wetlands are subject to comprehensive regulations by federal and state agencies and adopts this regulation to provide an appropriate transition from the uplands area by establishing additional standards and regulations applicable to lots presenting a split-zoned configuration. Therefore, in any zone in the City of Linwood in which there is application for development with respect to a lot partially situate in a Conservation Zone, notwithstanding any other provision in the municipal land use ordinances to the contrary, for purposes of compliance with bulk requirements and setbacks, all calculations shall be based entirely upon that portion of the lot which constitutes uplands.
[Added 8-8-2018 by Ord. No. 12-2018]
A. 
Definition: "Accessory apartment" means a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
B. 
Conditions for accessory apartments as conditionally permitted uses:
(1) 
Conditions. Accessory apartments shall meet the following conditions:
(a) 
The application submitted to the Construction Office shall include the following:
[1] 
Name and address of owner.
[2] 
Name, address, income verification of the proposed occupant of the accessory unit (if known).
[3] 
Floor plan of sketch.
[4] 
Current property survey.
(b) 
Accessory apartments shall be allowed in all residential zones.
(c) 
The minimum lot size and dimensional requirements shall be in accordance with the zone in which the property is located for accessory apartments constructed in new dwellings.
(d) 
Accessory apartments may be created within existing single-family residences or accessory buildings, provided there is no expansion of the existing structure's exterior outline.
(e) 
There shall be no more than one accessory apartment per single-family dwelling on each lot.
(f) 
The structures shall be in full compliance with all applicable health and construction codes.
(g) 
Construction of accessory apartments shall be in full compliance with all applicable environmental regulations including Linwood City's Stormwater Management Ordinance.[1]
[1]
Editor's Note: See Ch. 238, Stormwater Management.
(h) 
Each accessory apartment shall be a minimum of 500 square feet. It may not occupy more than 35% of the total square footage of the house.
(i) 
Each accessory apartment shall have a minimum of two rooms and provide living, sleeping, cooking and bathroom facilities. Direct access to the outside or a hall with direct access to the outside shall be provided. The access door shall not alter the character of the exterior facade of the house.
(j) 
The occupant shall meet the established income limitations of the low- or moderate-income guidelines for Linwood.
(k) 
The owner shall submit an affidavit of continuing use every two years to the Linwood City Clerk.
(l) 
Parking shall be consistent with the parking requirements of Linwood.
(m) 
Linwood acknowledges the need to provide its fair share of housing for low- and moderate-income households. Any property owner applying for an accessory apartment under this section shall affirmatively demonstrate that the accessory apartment is to be rented to and occupied by households meeting COAH's and UHAC's affordable housing criteria.
(n) 
Accessory apartment rents shall be consistent with COAH and UHAC rules. The following minimum subsidies shall be offered for the creation of an accessory apartment: $35,000 for a very-low-income apartment, $25,000 for a low-income apartment and $20,000 for a moderate-income apartment.
(o) 
Ten-year affordability controls shall be imposed via a deed restriction or other instrument acceptable to the City Attorney and the court.
(p) 
In the event that the accessory apartment is located in a structure which is detached from the primary residence, the property owner shall explicitly affirm via deed restriction that the property may not be further subdivided to separate the accessory apartment and any associated land as a new building lot unless such subdivision can be accomplished in full accordance with Linwood City's density requirements, minimum setbacks, dimensional requirements, and all other applicable subdivision constraints.
(q) 
The property owner shall demonstrate that required deed restrictions are properly filed with the Atlantic County Clerk's Office prior to issuance of zoning or building permits.
(r) 
If, following completion of the ten-year affordability controls period, an accessory apartment constructed in accordance with this section of the Linwood City Zoning Ordinance is no longer subject to court requirements or restrictions, the apartment shall be considered a permitted conditional use subject to the remaining conditions established within this section.
(s) 
Accessory apartments shall be affirmatively marketed with random selection of the occupants.
C. 
Illegal accessory apartments. An illegal accessory apartment shall be eligible for credit if the illegal accessory apartment meets the conditions in Subsection B above. The monetary contribution for a new accessory apartment is not required for an illegal accessory apartment to become eligible for credit. An existing occupant in an illegal accessory apartment may be permitted to remain in the apartment provided that when that occupant leaves the accessory apartment the apartment shall be affirmatively marketed with random selection of the occupants, and the ten-year affordability control period shall only begin upon reoccupancy of the apartment after this marketing process.
[Added 8-8-2018 by Ord. No. 13-2018]
Any multifamily residential development or redevelopment that will contain five or more dwelling units shall comply with the following:
A. 
A minimum of 15% of the total number of units shall be set aside as affordable housing units if the affordable units will be for rent. If the calculation of the total number of affordable units required yields a fraction of less than 0.5, then either a pro-rated payment in lieu or one additional unit shall be provided. If the calculation of the total number of affordable units required yields a fraction greater than 0.5, the obligation shall be rounded up and the additional unit shall be provided.
B. 
A minimum of 20% of the total number of units shall be set aside as affordable housing units if the affordable units will be for sale. If the calculation of the total number of affordable units required yields a fraction of less than 0.5, then either a pro-rated payment in lieu or one additional unit shall be provided. If the calculation of the total number of affordable units required yields a fraction of greater than 0.5, the obligation shall be rounded up and the additional unit shall be provided.
C. 
The provisions of this section shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five or more.
D. 
At least half of all affordable units shall be affordable to low-income households, and the remainder may be affordable to moderate-income households. Within rental developments, at least 13% of the affordable units shall be affordable to very-low-income households, with the very-low-income units counted as part of the low-income requirement.
[1]
Editor's Note: See also § 277-40.3, Affordable housing.
[Added 8-8-2018 by Ord. No. 15-2018]
A. 
Affordable Overlay Zone I. This zone shall be mixed-use overlay zoning, which will permit mixed-use development with the first floor required to be commercial, with up to two stories of residential over commercial.
B. 
Affordable Overlay Zone II. This zone shall be mixed-use/residential zoning, which will permit either mixed-use development with the first floor commercial and up to two stories of residential over commercial or residential-only development with up to three stories of residential uses and no commercial use required.
C. 
Both affordable overlay zones will allow development of up to 15 residential units per acre and up to a maximum of up to three stories to accommodate residential units.
D. 
Approval shall be required for the erection or enlargement of all related accessory structures and prior to issuance of certificates of occupancy for a change of use. Permitted uses are as follows:
(1) 
Residential market rate and affordable dwelling units specifically including multifamily buildings shall be at the density, height and bulk prescribed herein or in Linwood's Zoning Ordinance and all amendments thereto. Affordable housing units shall be constructed, marketed and deed restricted in strict conformance to Linwood's Affordable Housing Ordinance,[2] Council on Affordable Housing regulations and all requirements contained within the Uniform Housing Affordability Controls as these documents may be amended, revised and supplemented.
[2]
Editor's Note: See Ch. 78, Affordable Housing.
(2) 
Commercial uses as may be permitted under Linwood's Zoning Ordinance and all amendments thereto.
E. 
Storage permitted. No person in the affordable housing site zone shall store, place, deposit, or permit the continuation of storage, placement, or deposit of, upon any premises, any unregistered motor vehicle or any machinery, equipment, lumber, building materials or supplies or parts thereof; provided, however, that unless otherwise prohibited, it shall not be unlawful to store, place or deposit the foregoing items in a fully enclosed structure upon such premises. Nothing herein contained shall be deemed to authorize the erection of a structure or structures not otherwise authorized to be so erected. All other provisions of § 277-18, Storage restrictions, shall apply.
F. 
Prohibited uses. All uses listed in § 277-11 are prohibited.
G. 
Performance standards. All uses are subject to performance standards as set forth in Chapter 277, Zoning, and all other provisions contained in the Linwood Municipal Code.
H. 
Site development plan approval. Site development plan approval, in accordance with Chapter 41, Land Use Procedures, shall be required prior to the issuance of construction permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.
I. 
The following area and bulk standards are applicable in the Affordable Overlay Zone I and in the Affordable Overlay Zone II:
(1) 
Regulations: inclusionary developments.
Lot area
10,000 square feet
Lot frontage
100 feet
Lot depth
100 feet
Minimum required:
Front yard
15 feet
Side yard
6 feet
Rear yard
15 feet
Parking
Not permitted in front yard
Maximum permitted building height
Stories
3
Feet
41
Building coverage (%)
40
(2) 
Additional regulations.
(a) 
In recognition of the requirement to minimize or remove unnecessary development cost-generating requirements, the following minimum parking standards are applicable in the affordable overlay zones.
[1] 
Affordable dwelling unit: 1.25 parking spaces per dwelling.
[2] 
Market-rate dwelling unit: RSIS requirements apply.
(b) 
All developments constructed within the affordable overlay zones shall be structured so that no less than 20% of the entire development are COAH creditworthy units if these units are to be offered for sale. A rental community shall be required to have a fifteen-percent affordable housing set-aside. No less than 50% of all COAH creditworthy units shall be affordable to low-income households, with 13% of all affordable units available to very-low-income family households. The balance can be affordable to moderate-income households.
(c) 
Affordable housing in the zones shall be structured so no more than 20% of the units are studio or one-bedroom units and no fewer than 20% are three-bedroom units. Bedroom count for the remainder of the affordable units is at the discretion of the developer.
(d) 
Density for the affordable overlay zones shall be no greater than 15 units per acre.
(e) 
All affordable dwelling units shall be constructed and maintained in compliance with the requirements of the New Jersey Council on Affordable Housing, and the Uniform Housing Affordability Controls before certificates of occupancy will be issued. The developer shall include all facilities required by law which are necessary to be maintained by a COAH certifiable rental or sales unit included as part of an inclusionary development so that COAH restrictions are legally enforceable. Furthermore, all such developments shall conform to the Development Fee Ordinance[3] for Affordable Housing as set forth in the City of Linwood Municipal Code.
[3]
Editor's Note: See Ch. 124, Development Fees.
[1]
Editor's Note: See also § 277-40.2 and Ch. 78, Affordable Housing.