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Vernon Township City Zoning Code

§ 330-182

Additions to nonconforming residential structures.

A. 
Where a single-family residence which is nonconforming with respect to one or more bulk or setback requirements is proposed to be enlarged by a horizontal or vertical addition, and such addition would protrude no farther into a required yard than the existing footprint of the building or existing building envelope, and assuming no other violation of a restriction as to height, stories or building coverage, the Zoning Officer shall issue a zoning permit therefor and a variance shall not be necessary. However, if in the reasonable judgment of the Zoning Officer the proposed addition would appear to be so large and/or so distinguishable by design as to substantially transform the character of the residence and the impact of the same on the use and enjoyment of one or more neighboring properties, an application for a variance shall be required. For purposes of construing this section, no substantial interest of the neighborhood or public shall be allowed to be substantially compromised for the sake of expedient procedure; nor, however, shall any reasonable and relatively insubstantial addition as contemplated herein be unnecessarily proceeded upon.
B. 
Where a residence is to be enlarged as aforesaid and a proposal for the same is shown to meet all setback, height and coverage requirements, a variance shall not be required merely because the lot is deficient in area or width, provided the lot shall have been lawfully created by filed map or deed prior to the date of the first ordinance of the Township requiring approval of a subdivision by the Planning Board or pursuant to a perfected approval by the Planning Board.
C. 
Usual and customary residential appurtenances such as but not limited to swimming pools, hot tubs, storage sheds, garages, porches, additions and other similar recreational structures are permitted in all zones, provided:
[Added 1-28-2002 by Ord. No. 02-04; amended 6-14-2004 by Ord. No. 04-21]
(1) 
They are accessory to an existing lawful nonconforming or conforming single-family or two-family residence.
(2) 
They are located within the curtilage of the residence as determined by the Zoning Officer.
(3) 
They meet the setback requirements for the zone in which they are located.
(4) 
They additionally meet the setback requirements of the R-4 Zone.
D. 
Except for swimming pools and except on a farm, appurtenances under this section shall not exceed 500 square feet.
[Added 1-28-2002 by Ord. No. 02-04; amended 6-14-2004 by Ord. No. 04-21]