For the purpose of the chapter, the city is hereby divided into the following districts:

 

(Ord. 285, passed 12-8-2003)

   (A)   Identified. The zoning districts as provided in § 154.045 are bounded and defined as shown on the map entitled “Zoning District Map of the City of Linden” referred to herein as “zoning district map”. The zoning district map, along with all notations, references, and other explanatory information, shall accompany and be made a part of this chapter.

   (B)   Authority. Regardless of the existence of purported copies of the zoning district map, which may be published, a true and current copy of the zoning district map available for public inspection shall be located in and maintained by the office of the City Clerk. The Clerk’s copy shall be the final authority as to the current status of any land, parcel, lot, district, use, building, or structure in the city.

   (C)   Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the districts indicated on the zoning district map, the following rules shall apply:

      (1)   A boundary indicated as approximately following the centerline of a highway, alley, or easement shall be construed as following such centerline;

      (2)   A boundary indicated approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line;

      (3)   A boundary indicated as approximately following a municipal boundary line shall be construed as following such line;

      (4)   A boundary indicated as following a railroad line shall be construed as being located midway in the right-of-way;

      (5)   A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in the shoreline shall be construed as following the shoreline existing at the time the interpretation is made;

      (6)   The boundary indicated as following the centerline of a stream or river, canal, lake, or other body of water shall be construed as following such centerline;

      (7)   A distance not specifically indicated on the official zoning map shall be determined by the scale of the map; and

      (8)   Where an existing physical feature is at variance with that shown on the official zoning map or any other circumstances not covered by divisions (C)(1) through (C)(7) above, the Zoning Board of Appeals shall interpret the location of the zoning district boundary.

(Ord. 285, passed 12-8-2003)

   (A)   The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare and shall be uniform for each class of land, building, structure, or uses throughout each district.

   (B)   No building shall hereafter be erected, altered, or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises is located, except by appeal as herein described by this chapter. Wherever the requirements of this chapter are at variance with the requirements of any other adopted regulations, or ordinances, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner.

      (1)   Uses in districts.

         (a)   Permitted uses. Permitted uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning district or are similar, as determined by the Planning Commission, to such listed uses.

         (b)   Accessory uses and buildings. Accessory uses are permitted only if such uses are clearly incidental to the permitted principal uses.

         (c)   Special uses. Special uses are permitted as listed or if similar, as determined by the Planning Commission, to the listed special uses.

      (2)   Application of area and width regulations.

         (a)   The area or width of a lot shall not be reduced below the minimum requirements herein established for the district in which such lot is located.

         (b)   Every parcel of land shall meet the minimum lot width requirements set forth in § 154.049 and shall have frontage on and direct access to a public street which has been accepted for maintenance by the city.

      (3)   Application of yard regulations.

         (a)   No part of a yard required for any building for the purposes of compliance with this chapter shall be included as a part of a yard or other open space similarly required for another building.

         (b)   All front yard setback lines shall be the minimum perpendicular distance measured from the right-of-way of the road upon which a lot or parcel fronts to the nearest point of the principal structure.

         (c)   All side and rear yard setback lines shall be the minimum perpendicular distance between the nearest point on the side or rear of the structure and the side or rear lot line opposite thereof.

         (d)   On corner lots the required front yards shall be provided along both street frontages.

         (e)   No building, structure, fence, or other permanent improvement shall be permitted to be erected or located within a public right-of-way except for those improvements authorized by the city.

      (4)   Application of height regulations.

         (a)   No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, as set forth in § 154.049.

         (b)   Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar mechanical equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, and screens, flagpoles, chimneys, smokestacks, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure shall exceed by more than 15 feet the height limit of the district in which it is located.

         (c)   Wireless communication facilities shall be subject to the regulations set forth in § 154.098.

      (5)   Location and number of buildings on lot of record.

         (a)   Every building erected, altered, or moved shall be located on a lot of record as defined herein.

         (b)   Only one single-family dwelling shall be permitted per lot. Where more than one single-family dwelling is located on a lot of record at the time of adoption of this chapter, said dwelling shall not be divided from the lot except in conformity with the requirements of this chapter.

(Ord. 285, passed 12-8-2003) Penalty, see § 154.999

   (A)   R-1, R-2, and R-3, Single-Family Residential Districts.

      (1)   Purpose. These districts are provided for in those areas of the city served by public water and a public sanitary sewer and where the principal use is intended to be single-family dwellings developed at various lot sizes. In addition to the dwellings permitted in this zoning district, certain non-residential and public uses may be permitted through special use approval.

      (2)   Permitted uses.

         (a)   A single-family dwelling and any use, building, or structure accessory thereto;

         (b)   Public parks and playgrounds;

         (c)   Family day care home;

         (d)   Adult foster care small group homes serving six persons or less and adult foster care family homes;

         (e)   Private, elementary, middle, and high schools; and/or

         (f)   Churches, synagogues, and other places of worship.

      (3)   Special uses.

         (a)   Open space development subject to the provisions of § 154.086;

         (b)   Golf courses, including accessory golf driving ranges;

         (c)   Country clubs, public swimming pools and recreation clubs, private parks and playgrounds;

         (d)   Private nursery schools and kindergartens;

         (e)   Group day care homes and day care centers subject to the provisions of § 154.089;

         (f)   Adult foster care small group homes between six and 12 persons and adult foster care large group homes subject to the provisions of § 154.090;

         (g)   Two-family dwellings;

         (h)   Bed and breakfast establishments in the R-3 District, subject to the provisions of § 154.097;

         (i)   Public buildings and facilities; and/or

         (j)   Sale of weapons.

   (B)   R-4, Multiple-Family Residential District.

      (1)   Purpose. This district is composed of those areas of the city where the principal use is intended to be multiple-family dwellings. Areas zoned R-4 shall be served by public water and public sanitary sewers, and which abut or are adjacent to such other uses, buildings, structures, or amenities, which support, complement, or serve such a multiple-family density. In addition to the dwellings permitted in this zoning district, certain non-residential and public uses may be permitted through special use approval.

      (2)   Permitted uses.

         (a)   All permitted uses allowed in the R-1, R-2, and R-3 Districts;

         (b)   Multiple-family dwellings and any use, building, or structure accessory thereto;

         (c)   Elderly housing; and/or

         (d)   Two-family dwellings.

      (3)   Special uses.

         (a)   Group day care homes and day care centers subject to the provisions of § 154.089;

         (b)   Adult foster care small group homes between six and 12 persons and adult foster care large group homes subject to the provisions of § 154.090;

         (c)   Adult foster care congregate facilities subject to the standards of § 154.090;

         (d)   Nursing homes and convalescent centers; and/or

         (e)   Sale of weapons.

   (C)   R-5, Mobile Home Park Residential District.

      (1)   Purpose. The intent of this district is to provide for mobile home residential development in areas where the street network, public services, and infrastructure are capable of supporting such development. Areas zoned R-5 shall be located in areas which are compatible with the character and density of adjacent uses.

      (2)   Permitted uses.

         (a)   Mobile home parks subject to the provisions set forth in § 154.088; and/or

         (b)   Parks and playgrounds.

      (3)   Special uses.

         (a)   All special uses allowed in the R-1, R-2, R-3, and R-4 Districts; and/or

         (b)   Sale of weapons.

   (D)   LS, Local Service District.

      (1)   Purpose. The district is designed primarily for the convenience of persons residing in the city by providing office, limited retail, and business service uses that serve the adjacent and surrounding neighborhoods. It is the purpose of these regulations to permit development of the enumerated functions in a manner which is compatible with uses in the surrounding area. To these ends, certain uses are excluded which would function more effectively in other districts.

      (2)   Permitted uses.

         (a)   Executive, administrative, professional, accounting, writing, clerical, stenographic, drafting, and sales offices;

         (b)   Medical and dental offices, including clinics and medical laboratories;

         (c)   Banks, credit unions, savings and loan associations;

         (d)   Public parks and playgrounds;

         (e)   Public buildings and facilities;

         (f)   Photographic studios;

         (g)   Food services including grocery, meat market, bakery, restaurant, delicatessen, and fruit market, and similar self-service units but not including any business of a drive-in type;

         (h)   Retail sales of drug and health care products, hardware, gifts, dry goods, notions, sporting goods, clothing, furniture, and appliances;

         (i)   Retail office supply, computer, and business machine sales;

         (j)   Business service establishments such as printing and photocopying services, mail and packaging services, and typing and secretarial services;

         (k)   Florist shops;

         (l)   Personal service establishments, such as barber and beauty shops; watch, clothing, and shoe repair; furniture repair; locksmith; and similar establishments;

         (m)   Private service clubs, social organizations, and lodge halls;

         (n)   Funeral homes; and/or

         (o)   Churches, synagogues, and other places of worship.

      (3)   Special uses.

         (a)   Veterinary offices and hospitals, including accessory boarding, provided no outdoor exercise runs or pens are permitted;

         (b)   Retail sale of alcoholic beverages;

         (c)   Joint working and living quarters (work/live unit), subject to § 154.099;

         (d)   Sale of weapons;

         (e)   Day care centers subject to the provisions of § 154.089; and/or

         (f)   Radio, television, and electrical appliance repair, and shops of plumbers, electricians, and other similar services and trades and subject to § 154.101.

   (E)   GC, General Commercial District.

      (1)   Purpose. This district is intended to accommodate office, business service, and retail uses that serve a larger market than LS District including the city and portions of the surrounding townships. It is the purpose of these regulations to permit development of the enumerated functions in a manner which is compatible with uses in the surrounding area. To these ends, certain uses are excluded which would function more effectively in other districts.

      (2)   Permitted uses.

         (a)   All permitted and special uses allowed in LS Local Service District, except for joint working and living quarters;

         (b)   Grocery stores, meat market, bakery, delicatessen, and fruit market, and similar retail sales of food and beverages;

         (c)   Retail sales of candy and confections, antiques, gifts, dry goods, notions, toys, musical instruments, and clothing;

         (d)   Retail sales of drug and health care products, hardware, sporting goods, furniture, paint and home decorating products, and appliances;

         (e)   Retail sale of alcoholic beverages;

         (f)   Radio, television, and electrical appliance repair, and shops of plumbers, electricians, and other similar services and trades;

         (g)   Standard and/or carry out restaurants;

         (h)   Laundromats and dry cleaning establishments; and/or

         (i)   Planned shopping centers.

   (3)   Special uses.

         (a)   Bar/lounge serving alcoholic beverages and/or providing entertainment;

         (b)   Fast-food, drive-in, and drive-through restaurants;

         (c)   Lodging facilities;

         (d)   Sale of new and used automobiles, boats, mobile homes, farm machinery, and other vehicles provided outdoor sales comply with the requirements set forth in § 154.092;

         (e)   Automobile service stations and washes subject to the requirements set forth in § 154.094;

         (f)   Recreation and amusement services, including theaters, bowling alleys, roller and ice skating rinks, billiard halls, and miniature golf;

         (g)   Farm supply and feed stores;

         (h)   Sale of building materials, nursery stock, and garden supplies provided outdoor sales comply with the requirements set forth in § 154.068;

         (i)   Kennels, including commercial boarding and breeding facilities;

         (j)   Sale of weapons;

         (k)   Day care centers subject to the provisions of § 154.089;

         (l)   Brewpubs, micro-breweries, small wineries and small distilleries subject to the provisions of § 154.100; and/or

         (m)   Animal control shelters and animal protection shelters.

   (F)   CBD, Central Business District.

      (1)   Purpose. This district is designed to provide for a variety of office, business service, entertainment, and retail uses which occupy the prime retail frontage, by serving the comparison, convenience, and service needs of the market area which includes the city and surrounding townships. The regulations of the CBD District are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging a continuous retail frontage and by prohibiting uses which tend to break up such continuity.

      (2)   Permitted uses.

         (a)   All permitted uses allowed in the LS and GC District;

         (b)   Theaters, when completely enclosed;

         (c)   Private service clubs, social organizations, and lodge halls;

         (d)   Lodging facilities;

         (e)   Multiple-family dwellings on the second floor and above;

         (f)   Public parks and playgrounds; and/or

         (g)   Public buildings and facilities.

      (3)   Special uses.

         (a)   Bar/lounge serving alcoholic beverages and/or providing entertainment;

         (b)   Fast-food restaurants;

         (c)   Sale of weapons; and/or

         (d)   Brewpubs, micro-breweries, small wineries and small distilleries subject to the provisions of § 154.100.

   (G)   LI, Limited Industrial District.

      (1)   Purpose. This district is designed to accommodate industrial, storage, and other uses that generate a minimum of noise, glare, odors, dust, vibration, air and water pollution, fire and safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation or any other nuisance characteristics. It is the purpose of these regulations to permit development of the enumerated functions to protect surrounding areas from incompatible industrial activities, to restrict the intrusion of non-related uses such as residential, agricultural, business, and commercial, except retail businesses that normally do not require the customer to call at the place of business, and to encourage the discontinuance of uses presently existing in the District which are nonconforming by virtue of the type of use. To these ends, certain uses are excluded which would function more effectively in other districts and which would interfere with the operation of the uses permitted in this District.

      (2)   Permitted uses.

         (a)   Printing and blueprinting;

         (b)   Light manufacturing, processing, assembly, testing, and repair of the following:

            1.   Communication, transmission, and reception equipment such as coils, tubes, semi-conductors, navigation control equipment, and systems guidance equipment;

            2.   Data processing equipment and systems;

            3.   Graphics and art equipment;

            4.   Metering instruments;

            5.   Optical devices, equipment, and systems;

            6.   Stereo, audio units, radio equipment and systems;

            7.   Photographic equipment;

            8.   Radar, infrared, and ultraviolet equipment and systems;

            9.   Scientific and mechanical instruments such as calipers and transits; and/or

            10.   Testing equipment.

         (c)   Light manufacturing, processing, or assembling of the following:

            1.   Biological products, drugs, medicinal chemicals, and pharmaceutical preparation;

            2.   Electrical machinery, equipment and supplies, electronic equipment and accessories; and/or

            3.   Office, computing, and accounting machines.

         (d)   Research and design centers for the development of pilot or experimental products, together with related offices for such research facilities;

         (e)   Data processing and computer centers;

         (f)   Warehousing, refrigerated, and general storage, but not including self-storage facilities;

         (g)   Business service establishments such as printing and photocopying services, mail and packaging services, and typing and secretarial services;

         (h)   Training and/or educational centers where such centers are designed and intended to provide training at the business, technical, and/or professional level;

         (i)   Computer and business machine sales when conducted in conjunction with and accessory to a permitted principal use;

         (j)   Printing, publishing, or related activities;

         (k)   Manufacture and repair of signs, and heating and ventilating equipment;

         (l)   Recycling operations;

         (m)   Brewpubs, micro-breweries, small wineries and small distilleries subject to the provisions of § 154.100; and/or

         (n)   Kennels, animal control shelters and animal protection shelters.

      (3)   Special uses.

         (a)   Restaurants and cafeteria facilities for employees;

         (b)   Trucking and transit terminals;

         (c)   Contractors’ establishments subject to the requirements set forth in § 154.093;

         (d)   Metal fabrication, and tool and die shops;

         (e)   Automobile repair facilities and collision shops;

         (f)   Self-storage facilities, subject to the requirement of § 154.091;

         (g)   Sale of building materials, nursery stock, and garden supplies provided outdoor sales comply with the requirements set forth in § 154.068 and/or

         (h)   Sale of weapons.

(Ord. 285, passed 12-8-2003; Ord. 335, passed 3-26-2012; Ord. 358, passed 6-8-2015; Ord. 360, passed 6-8-2015; Ord. 366, passed 6-8-2015; Ord. 370, passed 6-8-2015; Ord. 403, passed 6-27-2022; Ord. 408, passed 4-24-2023; Ord. 411, passed 3-25-2024)

   (A)   Schedule of area, height, width, and setback regulations.

 

   (B)   Footnotes to schedule of area height, width, and setback regulations.

      (1)   All dwelling units and occupied buildings shall be served with the city public water supply system and a public sanitary sewer system after the effective date of this chapter.

      (2)   Multiple-family requirements are as follows.

         (a)   Lot area. Every lot or parcel of land occupied by a multiple-family structure shall contain a minimum of 20,000 square feet and a total area per dwelling unit of 3,500 square feet.

         (b)   Distance between buildings. In addition to the required setbacks from property boundaries, the following minimum distances shall be required between each multiple family structure (See Figure 6):

            1.   Where buildings are front to front or front to rear, two times the height of the taller building, and not less than 50 feet;

            2.   Where buildings are side to side, one times the height of the taller building, but not less than 25 feet; and

            3.   Where buildings are front to side, rear to side, or rear to rear, one and one-half times the height of the taller building but not less than 35 feet.

         (c)   Front of the building definition. In applying the above standards, the FRONT OF THE BUILDING shall mean that face of the building having greatest length and contains the primary entrance to the building; the rear is that face opposite the front. The side is the face having the smallest dimension.

      (3)   The minimum floor area of dwelling units shall be as follows:

 

      (4)   Any principal building located within the CBD which abuts a dwelling located within the R-1, R-2, or R-3 Districts shall have a minimum setback from the common property line of ten feet.

      (5)   Any principal building in the LS and GC Districts, which abuts a R-1, R-2, R-3, R-4, or R-5 District shall have a minimum setback of 50 feet from any abutting property line.

      (6)   Any principal building in the LI District which abuts a R-1, R-2, R-3, R-4, or R-5 District shall have a minimum setback of 100 feet from any abutting property line.

      (7)   All new lots in the R-3 District shall have a minimum width of 70 feet. All existing lots between 50 and 69 feet in width are based on previous ordinances and shall not be considered as nonconforming lots of this chapter. Therefore, additions and similar alterations may be permitted for houses located on 50- through 69-foot-wide lots, provided that these alterations meet all other schedule of regulation requirements.

      (8)   All lots established after the effective date of this chapter shall have a lot depth not greater than four times the actual lot width.

      (9)   All new lots in the R-1 District shall have a minimum lot width of 100 feet and minimum size of 15,000 square feet. All existing lots with widths of at least 80 feet and sizes of at least 9,600 square feet which were approved based on previous ordinances shall not be considered as nonconforming lots of this chapter. Therefore, additions and similar alterations may be permitted for houses located on such lots, provided that these alterations meet all other schedule of regulation requirements.

      (10)   Within the front yard, the total driveway surface area for single- and two-family dwellings shall not exceed 40% of the total front yard area.

(Ord. 285, passed 12-8-2003; Ord. 374, passed 9-14-2015; Ord. 381, passed - - 2017) Penalty, see § 154.999