§ 276-34. Nonconforming lots, structures and uses.

A. 

Lots.

(1) 

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the City in order to meet the minimum street width requirements of the Official Map or Master Plan of the City, the Construction Official shall issue construction and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

(2) 

Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided the existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question; the total permitted building coverage is not exceeded; the accessory building and/or addition does not violate any other requirements of this chapter such as, but not limited to, height, setback and parking and does not increase any existing nonconformity; and the lot is not reduced in size.

(3) 

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the two or more contiguous lots of said owner shall be considered as a single lot for the purposes of this chapter.

B. 

Structures and uses.

(1) 

Any preexisting nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be repaired in the event of partial destruction thereof.

(2) 

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a conforming structure containing a nonconforming use, including renovation which may require structural alterations or reconstruction.

(3) 

No structure containing a nonconforming use shall be enlarged, extended, or constructed in any manner without an appeal for variance relief. A nonconforming use may be extended within building in which it is located, provided that the building was manifestly designed for such use at the time of the adoption of this chapter and no use shall be extended outside the building. An addition of a second story, or part thereof, or the addition of lands associated with any alteration or improvements to a structure containing a nonconforming use, shall require variance approval pursuant to N.J.S.A. 40:55D-70d.

(4) 

Except, where title to contiguous lot(s) is held by the same owner, any existing building or structure located on an existing lot which does not meet the applicable minimum lot size requirement of this chapter, or any existing structure which violates any yard requirement of this chapter, shall be permitted to construct additions to the principal building and/or construct accessory buildings without an appeal for variance relief, provided:

(a) 

The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question;

(b) 

The total permitted building and lot coverages and floor/area ratio stipulated in this chapter for the permitted use(s) are not exceeded; and

(c) 

The accessory building and/or addition to the principal building do not violate any requirements of this chapter such as, but not limited to, height, yard setbacks and parking.

(5) 

(Reserved)

(6) 

Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a nonconforming use or structure.

(7) 

Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided all other provisions of this chapter and other applicable laws are met.

(8) 

Any residential dwelling, whether a conforming or nonconforming use in the district in which it is located, and which is completely or partially destroyed by fire or other acts of nature, may be rebuilt on the same lot within the periphery of the same foundation even if the lot is undersized for the district.

(9) 

Any detached single-family dwelling located on an existing lot of record or any isolated vacant lot within the R-1, R-1.5 and R-2 Zoning Districts which does not meet the applicable minimum lot requirements of this chapter shall be permitted to be demolished and rebuilt, or a new construction built or an addition constructed thereon without variance relief, provided:

(a) 

The total permitted building and lot coverages, including impervious coverages, if applicable, stipulated in this chapter for the detached single-family dwelling on the lot in question are not exceeded.

(b) 

The proposed detached single-family dwelling on the lot conforms with the applicable yard requirements and parking requirements of this chapter except as follows:

[1] 

On lots having a lot frontage of 30 feet, the side yard setbacks shall total 10 feet (six feet for a corner lot having one side yard setback) with minimum setbacks of four feet (six feet for a corner lot having one side yard); and

[2] 

On lots having a lot frontage of 40 feet, minimum side yard setbacks shall be six feet per side yard.

(c) 

The maximum building height (as defined in § 276-7 of the Code of the City of North Wildwood) of the proposed detached single-family dwelling or a new construction built or an addition constructed thereon on the lot shall be reduced as shown in the applicable table(s) below. For lot frontages not listed, maximum building height shall be reduced to the next lowest height shown:

[1] 

For the R-1 Zoning District:

Type of Lot	Minimum Required Lot Frontage (feet)	Maximum Building Height (feet)
Required	50	36 or 3 stories, whichever is less
Undersized	45	32 or 3 stories, whichever is less
Undersized	40	28 or 2 stories, whichever is less
Undersized	35	26 or 2 stories, whichever is less
Undersized	30 or less	24

[2] 

For the R-1.5 Zoning District:

Type of Lot	Minimum Required Lot Frontage (feet)	Maximum Building Height (feet)
Required	40	36 or 3 stories, whichever is less
Undersized	35	27 or 2 stories, whichever is less
Undersized	30 or less	24 or 2 stories, whichever is less

[3] 

For the R-2 Zoning District:

Type of Lot	Minimum Required Lot Frontage (feet)	Maximum Building Height (feet)
Required	40	36 or 3 stories, whichever is less
Undersized	35	27
Undersized	30 or less	24

(d) 

No building or addition constructed thereon shall be constructed under this subsection on a lot less than 30 feet wide without variance relief and/or Planning Board approval. In such case, the same lot frontage/width, building height and side yard setback ratios shall be employed as defined in the applicable table above and referenced herein.

(e) 

In keeping with the traditional seashore architecture of the single-family homes in North Wildwood, no building constructed under this subsection shall have a flat or mansard roof. All roofs for buildings so constructed shall be of gable, gambrel or hipped roof design and shall employ a slope of not less than four in 12, with steeper pitches encouraged. Parapets, cornices and similar architectural features shall be articulated and appropriately decorated. Architectural elements such as porches, bays and dormers are encouraged, to add interest and variety to the visual landscape.