Columbia City Zoning Code
ARTICLE VIII
General Regulations
§ 220-57 Frontage onto improved streets; number of uses or buildings; minimum size of dwellings.
A.
Frontage required onto improved street. Each lot to be created and each principal structure erected or moved shall be on a lot which directly abuts a public street, a street proposed to be dedicated to the Borough by the subdivision plan which created or creates such lot, or a private street which meets all of the requirements of Chapter 190, Subdivision and Land Development. In the case of townhouses, manufactured/mobile home park, or low-rise apartment, each unit may have access onto a parking court which then has access onto a public or private street meeting Borough standards.
B.
Principal uses per lot.
(1)
A lot in a commercial or industrial district may include more than one permitted principal use per lot, provided that all of the requirements are met for each use. If differing minimum lot areas apply for different uses on the lot, then the most restrictive lot area shall apply.
(2)
A lot within a residential district shall not include more than one principal use unless specifically permitted by this chapter.
C.
Minimum size of dwellings. Each dwelling unit shall include a minimum of 500 square feet of enclosed habitable, indoor, heated floor area, and which shall be primarily above the ground level. Dwelling units shall also comply with any occupancy limits established in any other Borough codes, such as an Existing Structures Code.[1]
§ 220-58 Height exceptions.
A.
Except as set forth in Article IV, § 220-30A(12), of this chapter, the maximum structure height specified for each district shall not apply to: antenna, communications antennas, or communications towers that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys or other appurtenances usually required to be customarily placed above the roof level and not intended for human occupancy.
[Amended 4-14-2003 by Ord. No. 718]
B.
See also the Borough Airport Approach Ordinance.
§ 220-59 Special lot and yard requirements, sight distance and buffer yards.
A.
In general:
(1)
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, nonimpervious areas and off-street parking areas.
(2)
Emergency access. All uses and structures shall have adequate provisions for access by emergency vehicles and fire ladders.
B.
Exceptions to minimum lot areas, lot widths and yards.
(1)
Corner lots. For a corner lot, the minimum side yard depth abutting a public street shall be equal to the minimum depth of the front yard.
(2)
Projections into required yards.
(a)
Cornices, eaves, sills or other similar architectural features, exterior stairways, fire escapes or other required means of egress, rain leads, chimneys, "Bilko"-type doors for basement access, window awnings, chaise for heating pipes or other similar structures that do not include space usable by persons may extend or project into a required yard not more than three feet, except as may be required within a drainage or utility easement.
(b)
Steps, stoops, fire escapes, handicapped ramps, and landings necessary to provide entrance to a building may be located within a required setback area.
(3)
Front yard setback exception. In any district within a block containing a lot proposed for a construction or expansion of a building, where 50% or more of the improved lots on such block frontage currently have front yards of less depth than is currently required for that district, and where the clear majority of such lots are already developed, the average of such existing front setbacks shall establish the minimum front yard depth for the remainder of the frontage.
§ 220-60 Landscaping.
[Amended 11-10-2014 by Ord. No. 852]
A.
Any landscaped part of a commercial, industrial, institutional or apartment lot shall be kept free of debris, rubbish and noxious weeds.
B.
Any landscaping on any commercial, industrial, institutional or apartment lot that dies, is removed, or is severely damaged shall be replaced by the current property owner when practical considering growing seasons, within a maximum of 120 days.
§ 220-61 Nonconformities.
(Note: See also Chapter 190, Subdivision and Land Development, if a new lot is created, lot lines are changed or land development approval is needed.)
A.
Proof and registration of nonconformities. It shall be the responsibility of, with the burden of proof upon, a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
B.
Continuation. A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners. Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
C.
Expansion of or construction upon nonconformities.
(1)
Nonconforming structure.
(a)
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded provided:
[1]
That such action will not increase the severity or amount of the nonconformity (such as the area of the building extending into the required yard) or create any new nonconformity; and
[2]
That any expanded area will comply with the applicable setbacks in that district and other requirements of this chapter.
(b)
In the case of a nonconforming structure which is used by a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
(c)
Extension along a nonconforming setback. If an existing building has a lawfully nonconforming side or rear building setback, additions may occur to increase the height above such setback or to extend other portions of the building out to the nonconforming side or rear setback line, provided that:
[1]
The structure shall not be extended beyond the existing nonconforming setback line;
[2]
No additional nonconformity is created;
[3]
The new nonconforming extension is not greater than 25% of the existing floor area;
[4]
All other requirements of this chapter shall be met; and
[5]
Such additions shall not be permitted for a nonresidential building that abuts an existing primarily residential use.
(2)
Nonconforming lots.
(a)
Permitted construction on a nonconforming lot. New permitted structures for a single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot of record as a permitted by right use if minimum setback requirements are met.
(b)
Lot width. The fact that an existing lawful lot of record does not meet the minimum lot width requirements of this chapter shall not by itself cause such lot to be considered to be a nonconforming lot.
(3)
Expansion of a nonconforming nonresidential use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(a)
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under Article I.
(b)
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(c)
The total building floor area used by a nonconforming use, or the total land area covered by the nonconforming use, whichever is more restrictive, shall not be increased by greater than 25% beyond what existed in the nonconforming use at the time the use first became nonconforming. The above maximum increase shall be measured in aggregate over the entire life of the nonconformity. All expansions of the nonconforming use and/or building(s) that occurred since the use originally became nonconforming shall count towards the above maximum increase.
(d)
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(4)
Expansion of a nonconforming residential use. An existing nonconforming residential use may be expanded as a permitted by right use provided that: the number of dwelling units or rooming house units are not increased; the expansion meets all applicable setbacks; no new types of nonconformities are created; and a nonconformity is not made more severe.
(5)
Nonconforming sign. The provisions of this chapter shall not be interpreted to provide a right to expand or extend a nonconforming sign. Instead, any expansions or extensions of a nonconforming sign shall comply with this chapter.
D.
Damaged or destroyed nonconformities. A nonconforming structure that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if: the application for a building permit is submitted within 18 months after the date of damage or destruction; work begins in earnest within 12 months afterwards and continues; and no nonconformity may be created or increased by any reconstruction. The property shall be properly secured during such time in such a way to keep out trespassers and to avoid harm to neighboring properties.
E.
Abandonment of a nonconformity.
(1)
If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:
F.
Changes from one nonconforming use to another.
(1)
Once changed to a conforming use, a structure or land shall not revert to a nonconforming use.
(2)
A nonconforming use may be changed to a different nonconforming use only if permitted as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use.
(3)
Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:
(a)
Traffic safety and generation (especially truck traffic);
(b)
Noise, dust, fumes, vapors, gases, odor, glare, vibration, fire, hazardous substances, and explosive hazards;
(c)
Amount and character of outdoor storage;
(d)
Hours of operation if the use would be close to dwellings; and
(e)
Compatibility with the character of the surrounding area.
(4)
A nonconforming use shall not be changed to a nonconforming adult use.
G.
District changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
§ 220-62 Dumpster screening and location.
A.
Any newly placed solid waste dumpster shall be screened on at least three of four sides as necessary to screen views from public streets and dwellings. In addition, some form of mostly solid gate shall enclose the fourth side.
B.
Such screening shall consist of decorative masonry walls, mostly solid weather-resistant wood fencing, fencing of a similar appearance, or primarily evergreen plantings.
C.
Setback from dwellings. To the maximum extent feasible, as determined by the Zoning Officer, a solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of 20 feet from the walls of a dwelling on an abutting lot.
D.
If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this § 220-62.
E.
This section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises, nor containers for the storage of cardboard or paper for recycling.