Linden City Zoning Code
§ 31-36.1
Continuance.
[Ord. No. 60-1 § 3; Ord. No. 61-47; Ord. No. 61-53]
a.
Continuance. Except as otherwise provided herein, nonconforming uses or structures which lawfully existed at the time of passage of this chapter may be continued even though such uses or structures do not comply with the regulations of this chapter; provided, however, that:
1.
A nonconforming use shall not be expanded or changed to another nonconforming use.
2.
Any addition to an existing nonconforming building may be constructed to continue the existing building setback, but shall not be permitted to encroach further into the required setback than the existing structure. Furthermore, any vertical addition may not exceed eighty (80%) percent of the original building footprint.
3.
Abandonment. A nonconforming use that has been abandoned shall not thereafter be reinstated. A nonconforming use shall be adjudged to have been abandoned:
(a)
When it is changed to a conforming use.
(b)
In cases where such nonconforming use is a building or structure designed for such use, when it has been voluntarily discontinued for a period of twenty-four (24) consecutive months.
(c)
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of twelve (12) consecutive months.
b.
(Reserved)
c.
Restoration. If a nonconforming use or structure is partially destroyed by any cause whatsoever to an extent of fifty (50%) percent or more of the appraised value, it shall only be reestablished as a conforming use in the zone in which it is located. A nonconforming structure may only be rebuilt to the same size on the same foot print, provided however, that the structure may be modified to conform with the requirements of Chapter 26, Flood Damage Prevention.
d.
Waiver. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Code Official or other competent authority having jurisdiction; nor shall it prevent compliance with the requirements of the Flood Damage Prevention rules established in Chapter 26.
e.
Unlawful Uses. No unlawful structure or unlawful use of a building or structure, lot or land existing at the effective date of this chapter shall be deemed to be a nonconforming structure or use.
f.
Nonconforming Lots in a Residential Zone. Any parcel of land with an area, width or depth less than required in the zone in which such lot is located may be used as a lot for purposes permitted in the zone without a variance, provided that it meets the requirements below.
1.
Pre-existing nonconforming vacant lots may be used for single-family residential purposes; and single-family or two-family uses on pre-existing nonconforming lots may be enlarged, if the following requirements are met:
(a)
The proposed use will be a new single-family dwelling or the enlargement of an existing single- or two-family use. A single-family dwelling shall not be converted to a two-family dwelling.
(b)
The lot area is not less than seventy (70%) percent of the required lot size.
(c)
There is no available vacant land abutting the lot.
(d)
The lot either provides off-street parking or the proposed enlargement includes the provision of off-street parking.
(e)
The building and lot coverage will not be exceeded.
(f)
For lots which do not meet the lot width requirements, the side yards may be reduced in the same proportion as the reduced width bears to the required width, but in no case shall one side yard be less than five (5) feet.
(g)
For lots which do not meet the lot depth requirement, the front and rear yards may be reduced in the same proportion as the reduced lot depth to the required lot depth, but in no case shall the proposed front yard be less than the smallest front yard allowed under subsection 31-4.1 or 31-17.1 nor the proposed rear yard be less than eighty (80%) percent of the required rear yard for the zone.
2.
Existing single-family dwellings on undersized lots which are not large enough to meet the requirements of paragraph F1 above may be enlarged if the following requirements are met:
(a)
The proposed use shall be a single-family dwelling. A single-family dwelling shall not be converted to a two-family dwelling.
(b)
Minimum lot size shall be three thousand five hundred (3,500) square feet; minimum lot width shall be thirty-five (35) feet and the maximum height shall be twenty-six (26) feet with no more than two (2) stories.
(c)
There is no available vacant land abutting the lot.
(d)
There shall be no reduction of any existing off-street parking.
(e)
Expansion shall not further reduce the existing front of side yard setbacks and shall be limited to the existing footprint and/or the rear of the lot.
(f)
The rear yard setback requirement of the district shall be met.