Lavallette City Zoning Code
ARTICLE XIII
Miscellaneous Provisions
§ 90-82 Conflict with other regulations.
In the event of a conflict between this chapter and any other ordinance such as a Building Code, Housing Code, or Licensing Ordinance, the more restrictive ordinance or the one requiring the higher set of standards shall apply.
§ 90-83 Pending applications.
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days of enactment of this chapter and shall be diligently pursued to completion.
§ 90-84 Undersized parcels.
[Added 12-16-1987 by Ord. No. 631]
Notwithstanding any provision of this chapter relating to minimum required lot size, any parcel of land located in Residence Districts A, B and C or the Business District with a bulk area and/or width which is less than that prescribed for a lot in the zone in which such parcel is located may be used for the permitted use(s) as established in that zone, provided that the property owner shall submit proof by affidavit to the Zoning Officer of the following:
A.
That the property owner does not own any property adjoining such undersized parcel.
B.
That dwellings or other principal uses are located on lots adjacent to the undersized parcel.
C.
That the undersized parcel was created prior to January 1, 1985.
D.
That the property owner cannot acquire property from any adjacent lot without rendering such adjacent lot in violation of side line, width or bulk area requirements.
E.
That the width of the undersized parcel is at least 1/2 of the required width in the zone.
F.
That the undersized parcel and the structure to be erected thereon complies with all other requirements of this Chapter 90 and all other applicable ordinances of the Borough of Lavallette.
§ 90-85 Additions to parcels with nonconforming setbacks.
[Added 12-16-1987 by Ord. No. 631]
Notwithstanding any provision of this chapter relating to minimum side yard setbacks in Residence Districts A, B and C, a property owner may construct an addition to an existing residential dwelling having a nonconforming side yard setback, provided that the construction meets with the following requirements:
A.
The new addition to the residential dwelling shall not encroach any further into the side yard than the existing structure.
B.
The minimum side yard setback in Residence District A shall be five feet.
C.
The minimum side yard setback in Residence District B shall be five feet.
D.
The minimum side yard setback in Residence District C shall be four feet.
