Linwood City Zoning Code
ARTICLE V
Types of Uses
§ 277-7 Permitted uses.
[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.
§ 277-8 General requirements for accessory uses and structures.
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.
§ 277-9 Approval of conditional uses.
Notwithstanding compliance with specific conditional use standards hereinafter set forth, conditional uses shall require site plan approval by the appropriate board.
§ 277-10 Specific conditional uses.
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.
§ 277-11 Prohibited uses.
[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.