Linden City Zoning Code
§ 31-36.6
Nonconforming Lots in a Residential Zone.
[Ord. No. 60-1 § 3]
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.
a.
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:
1.
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.
2.
The lot area is not less than seventy (70%) percent of the required lot size.
3.
There is no available vacant land abutting the lot.
4.
The lot either provides off-street parking or the proposed enlargement includes the provision of off-street parking.
5.
The building and lot coverage will not be exceeded.
6.
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.
7.
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 subsections 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.
b.
Existing single-family dwellings on undersized lots which are not large enough to meet the requirements of subsection 31-36.6a above may be enlarged if the following requirements are met:
1.
The proposed use shall be a single-family dwelling. A single-family dwelling shall not be converted to a two-family dwelling.
2.
Minimum lot size shall be two 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.
3.
There is no available vacant land abutting the lot.
4.
There shall be no reduction of any existing off-street parking.
5.
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.
6.
The rear yard setback requirement of the district shall be met.