[Amended 4-11-2018 by Ord. No. 6-2018]
This zoning article shall be viewed as permissive.
After the adoption of this chapter, no uses or structures shall be
permitted in the City which are not listed as a permitted, accessory
or conditional use or unless permitted by the Planning Board in accordance
with applicable state statutes.
A.
No accessory building or structure shall be constructed
on any lot on which there is not a principal building.
B.
Any accessory building attached to the principal building
shall be considered part of the principal building.
C.
The following requirements shall be complied with
in all residential zones:
(1)
No accessory building shall be used for human habitation.
(2)
Except as specifically permitted elsewhere in this
article, no accessory building or structure shall exceed 17 1/2
feet in height.
(3)
No accessory building or structure shall be located
closer than 10 feet to any other building.
(4)
No accessory building or structure shall be located
closer to a right-of-way line than the principal building. On corner
lots, accessory buildings and/or structures shall not be located closer
to a street than the minimum front yard requirements for the district.
(5)
There shall not be more than three accessory buildings
on a lot, and the aggregate square footage of all accessory buildings
shall not exceed 800 total square feet.
(6)
No accessory building in a residential district shall
have an area greater than 600 square feet.
(7)
An accessory building 120 square feet or less in floor
area shall not be closer than four feet to a side or rear lot line.
(8)
An accessory building between 121 square feet and
600 square feet in floor area shall meet the setbacks of the principal
building.
D.
The following requirements shall be complied with
in all nonresidential zones:
E.
Requirements for specific accessory structures and
uses.
(1)
Outdoor storage.
(a)
Outdoor storage of any kind is prohibited within
the front yard or in a side yard adjoining a street.
(b)
The outdoor storage of any items, materials
and equipment, other than those customarily placed in courtyards and
yards, incidental to authorized residential use and occupancy, is
prohibited in all residential and commercial zones.
(c)
Outdoor storage of garbage trucks in any zone
is specifically prohibited.
(d)
No flammable or explosive liquids, solids or
gases shall be stored above ground unless as otherwise required by
applicable federal, state or local regulations. Tanks or drums of
fuel directly connecting with heating devices or appliances located
on the same premises as the tanks or drums of fuel are excluded from
this provision.
(e)
No materials or wastes shall be stored on any
premises in such form or manner that they may be transferred off such
premises by natural causes or forces such as wind or water.
(f)
All materials or wastes which might cause fumes
or dust or which constitute a fire hazard, or which may be edible
by or otherwise attractive to rodents or insects, shall be stored
outdoors only in closed containers.
(2)
Decks and patios.
(a)
Any decks or patios above grade shall meet the
required yard setbacks for principal buildings.
(b)
Decks and patios shall be permitted in the side
and rear yard area only.
(c)
Second-story decks shall be permitted if accessed
from the building interior only. No second-floor decks shall be permitted
on accessory buildings.
(d)
The elevation of the second floor deck shall
be no higher than the finished second floor elevation.
(e)
Any decks and patios at grade (or to a maximum
of 18 inches above grade) shall be located no closer than five feet
to any property line.
(f)
All decks and patios shall be included in the
calculation of total lot coverage.
Notwithstanding compliance with specific conditional
use standards hereinafter set forth, conditional uses shall require
site plan approval by the appropriate board.
A.
General. The Planning Board shall not approve a conditional
use unless it finds that the use meets all the requirements of this
chapter, does not substantially impair the use and enjoyment of surrounding
properties and does not substantially impair the character of the
surrounding area and does not have any adverse effect on surrounding
properties.
B.
Requirements for specific uses.
(1)
Houses of worship. Institutional uses, buildings and
structures, as defined in this chapter, may be located, when approved
as conditional uses, in the zone as specified in Schedule A,[1] subject to the following:
(a)
The property on which the structure or building
is to be constructed or the activities conducted must contain a minimum
of 20,000 square feet.
(b)
No building shall be closer than 30 feet to
the side or rear line of any adjacent property. These 15 feet shall
be considered as a buffer strip and shall be landscaped.
(c)
No building or structure shall be closer than
30 feet to any front street property line nor less than 30 feet from
any other structure. Except as permitted in this article, no building
or structure shall be higher than 2 1/2 stories and 35 feet above
average grade.
(d)
No parking shall be permitted between the front
building line and the street right-of-way.
(e)
Parking must be provided on site as required
by this chapter.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
[Amended 4-11-2018 by Ord. No. 6-2018]
The enumeration of prohibited uses is by way
of example and clarification and not by way of limitation. Any use
not expressly permitted by this chapter or by the Planning Board shall
be considered prohibited.
A.
No temporary building or structure shall be permitted
within any zone in the City of Linwood, except those incidental to
construction activities taking place on the premises, provided that
such shall be removed upon completion or abandonment of the work.
B.
No junkyards or similar facilities shall be permitted
in any zone within the City of Linwood.
C.
The raising or maintenance of farm animals is prohibited.
D.
Kennels, retail aquariums, zoos or any other establishments
engaged, in any manner, in the breeding, boarding, maintenance or
display of animals, other than pet shops and veterinary hospitals,
are prohibited.
E.
Commercial outdoor amusements are prohibited.
F.
The temporary stockpiling or display of merchandise,
equipment or inventory is prohibited in any zone except under the
following conditions: that such stockpile or display is permitted
as to use, and meets all of the requirements for setbacks, screening
and the like established for the particular zone in which said activity
is conducted.
G.
No warehouse or commercial storage rental units shall
be permitted within any zone in the City of Linwood.
H.
No tourist cabins, tourist camps or trailer camps
shall be permitted in any zone within the City of Linwood, nor shall
any trailer be permitted for residential use within any zone within
the City of Linwood.
I.
No motor vehicle, commercial vehicle or equipment,
watercraft, (including but not limited to jet skis and waver runners),
trailer, recreational vehicle or storage unit (trailer, PODS®, etc.) shall be parked in or on any grassy area
that constitutes the front or side yard of any dwelling within the
City of Linwood. All watercraft must be currently registered, in working
order, covered and on a trailer only. All other vehicles must be registered
and in working order. Parking of the above-mentioned classes of vehicles
or storage units shall be confined to a driveway or to the rear yard.
For the parking or storage of any of the specified vehicles in a rear
yard, the vehicles shall be no closer than ten (10) feet to any rear
property line and no closer than ten (10) feet to any side property
line. Storage units (trailer, PODS®, dumpster, etc.) require a permit to be issued by the Zoning Officer
or his or her designee. Permits shall be $50 each for a period of
30 days or less. Permits may not exceed a combined total of six months
in any calendar year.
[Amended 7-10-2019 by Ord. No. 15-2019; 10-13-2021 by Ord. No. 18-2021]
J.
School buses.
(1)
No
school bus or school vehicles of any type used for the transportation
of passengers as defined in N.J.S.A. 39:1-1 shall be permitted to
park on any street or property within the City of Linwood at any time
unless the vehicle is engaged in the pick-up or discharge of passengers,
and then only for the amount of time necessary to carry out the pick-up
or discharge.
(2)
This section shall not apply to the parking of school
buses on school-owned lands, public or private, or on streets contiguous
to any school, public or private, within the City of Linwood during
school hours.
K.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service, are prohibited.
[Added 8-11-2021 by Ord.
No. 16-2021]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
