[Ord. No. 20-1990; Ord. No. 11-2002 § 1; Ord. No. 5-2007 §§ 3—6; Ord. No. 9-2014]
No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith, and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located, and so that all lots have frontage on a street.
a. Principal Structures and Uses. Unless otherwise specified for a particular zoning district, no more than one (1) principal structure or principal use shall be permitted on one (1) lot.
b. Yards Cannot Be Used by Another Building. No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.
c. Accessory Buildings.
1. Accessory Buildings as Part of Principal Building. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
2. Accessory Buildings Not to Be Constructed Prior to Principal Building. No construction permit shall be issued for the construction of an accessory building prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the main building has proceeded substantially toward completion.
3. Setback. Each accessory building shall be set back from property lines the minimum distance established in the applicable zoning district. Where no minimum is established, the setback shall be a minimum of five (5) feet or a distance equal to one-half (1/2) foot for each one (1) foot of building height up to the minimum setback required for a principal building.
4. Height. The maximum height of any accessory building shall be fifteen (15) feet, unless a lesser height is established in the applicable zoning district.
5. Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed herein, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street and except further that no livestock shelter shall be erected nearer than fifty (50) feet to any lot lines.
d. Nonconforming Uses, Structures and Lots.
1. The lawful use of land or structures existing at the date of adoption of this chapter, as amended, may be continued although such use or structure is nonconforming to the provisions specified in this subsection, as amended, for the zoning district in which such use or structure is located, except as provided by law.
2. 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.
3. 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.
4. Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use.
(a) However, no structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.
(b) A nonconforming structure may be enlarged, extended, constructed, or structurally altered if such alteration or enlargement does not increase the existing nonconformity, or create a new violation.
(c) A nonconforming structure shall not be reconstructed if destroyed without an appeal to the Zoning Board of Adjustment.
5. Any lot upon which a nonconforming use or structure is located shall not be reduced in size nor shall any lot already nonconforming be made more non-conforming in any manner.
6. Any vacant lot existing at the effective date of adoption or amendment of this chapter, whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a building permit issued for a use permitted for that zoning district without an appeal to the Board of Adjustment, provided that:
(a) The lot area shall not be less than ninety-five (95%) percent of the lot area required for the zoning district;
(b) The lot dimensions (frontage, width and depth) shall not be less than ninety-five (95%) percent of the required dimensions for the zoning district;
(c) The building coverage limit is not exceeded; and
(d) The parking requirements are met.
All other applicable provisions of this chapter shall hold.
7. Any existing lot on which a building or structure is located and which lot does not meet the applicable minimum lot size requirement, or an existing structure which violates any yard requirements, 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 the Chapter for the lot in question;
(b) The total permitted building coverage, impervious surface coverage, and floor area ratio stipulated in the Chapter for the permitted use(s) are not exceeded;
(c) The accessory building and/or addition to the principal building does not further violate any deficient yard setback(s) currently existing on the subject lot;
(d) No additional yard setback requirement of the Chapter is violated and all other applicable requirements of the Chapter are met.
e. Recyclable Materials Storage.
1. Each application for residential development of fifty or more (50+) units of single-family housing must include provisions for the collection, disposition, and recycling of recyclable materials. A single-family unit shall provide at least twelve (12) feet of floor area conveniently arranged and located as a holding area for a four (4) week accumulation of mandated recyclable materials. Such an area may be within a hidden laundry room, basement, kitchen or garage.
2. Each application for residential development of twenty-five or more (25+) units of multi-family housing must include provisions for the collection, disposition, and recycling of recyclable materials. Each individual unit should provide at least three (3) square feet of floor area conveniently arranged and located within the dwelling unit as a holding area for a one (1) week accumulation of mandated recyclable materials. Such an area may be within a hidden laundry room, basement, kitchen or garage.
At least one (1) central location shall be provided so that residents can drop off their source separated recyclables for storage until collection occurs. A suggested location for these sites would be near the refuse receptacle units. These could be outdoor recycling bins located near the refuse units or in a common area of the condominium units, e.g., near the laundry room. These storage areas should be easily accessible for the residents of the building to drop off their materials. They should also be planned with truck access in mind in order to facilitate loading of materials for delivery to markets. In a multi-story building, a space provided on each floor will produce the highest participation rates. The bins shall be clearly labeled so it is obvious they are for recyclables and not trash.
3. Each application for a nonresidential use which utilizes one thousand (1,000) square feet or more of land must include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The application shall provide at least one (1) separated storage area to contain a week's accumulation of recyclable material. The size and number of the storage areas will be dependent on the quantity of recyclable materials generated and frequency of collection of recyclable materials. The storage area shall be designed for truck access for a pick-up of materials and will be suitably screened from view if located outside a building.
f. Critical Areas. All development within the Township of Aberdeen shall be in accordance with the provisions of subsection
25-6.8, entitled "Critical Areas."
g. Residential Setbacks. In addition to the specific requirements of the respective zoning districts, the following requirements shall apply to any single-family or two-family dwelling unit or multi-family residential building in any zoning district in the Township of Aberdeen:
1. All residential dwelling units and buildings shall be located a minimum of one hundred (100) feet from any existing or proposed detention or retention basin, pond, lake or other water body or course, as measured from the edge of the highest topographic grade associated with or required for said structure or water body or course.
2. All residential dwelling units and buildings shall be located a minimum of one hundred (100) feet from any existing or proposed sanitary sewage pumping station or treatment plant.