Commercial Township
City Zoning Code
City Zoning Code
ARTICLE IV
Application of Regulations
§ 145-24 Use regulations.
A.
No use or occupancy of any building, structure or land shall hereafter be changed to a different use or occupancy and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located, except as hereinafter provided.
§ 145-25 Area regulations.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families or persons, to occupy a greater percentage of lot area, or to have a narrower or smaller rear yard, front yard, side yards or other open spaces than are herein required, or in any other matter contrary to the provisions of this chapter, except as hereinafter provided.
§ 145-26 Wetlands use in calculation of building and lot coverage.
A.
Due to environmental considerations and/or public health and safety factors, the Township will not allow consideration of wetlands in determining permissible building coverage calculations. The Land Use Board may at its discretion, allow wetlands areas to be considered in total lot coverage calculations, after determination that the increased lot coverage will have no adverse environmental, health or safety impact on the community or adjacent lands. The maximum percentage of lot coverage set forth in the Schedule of District Regulations[1] may be extended by the Board, provided the lot(s) in question is/are served by an approved public or private sanitary sewer and potable water supply facilities.
[1]
Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.
B.
For all new lots of five acres or less, regardless of the zoning district or location within the Township, 50% of the lot area required for a lot, by use, in that zoning district must be determined to be upland and usable. As an example, if the minimum zoning district lot size is three acres for a single-family, detached dwelling and the actual lot size of the lot proposed for said development is two acres then 1.5 acres of land in question must be classified as not having environmental sensitivity such as wetlands, steep slopes or other natural conditions which preclude development. The term "usable" as applicable to this subsection refers to lands which are able to be used as opposed to lands which have environmental considerations or other natural conditions and/or are thereby regulated against or deemed unfit for supporting development.
§ 145-27 Overlapping required space.
No part of a yard or other open space or off-street parking or loading space required in connection with any building or use for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other buildings or uses, except as hereinafter provided.
§ 145-28 Yard reductions.
A.
No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
B.
Within each district the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
C.
Any yard or lot existing at the time of the passage of this chapter, which does not meet the minimum requirements of this chapter shall be considered a nonconforming lot.
[Added 7-17-2008 by Ord. No. 2008-500]
§ 145-29 Permitted modifications and exceptions.
The height limitations of this chapter shall not apply to silos, belfries, cupolas and domes not used for human occupancy, nor chimneys, ventilators, skylights, water tanks, communications towers, similar necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as necessary to accomplish the purpose they are intended to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet, wall or cornice for ornament (and without windows) extending above such limit not more than five feet. Public and quasi-public buildings and other similar permitted uses shall increase the required front, rear and side yards by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than 35 feet overall unless it is specifically permitted by the Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.
§ 145-30 Reconstruction after disaster.
A.
An existing dwelling located on a lot within a Village Residential or Village Business zoning district at the time of the adoption of this chapter, which is later accidentally destroyed by fire, storm or other unintentional human action, may be rebuilt on said lot by the owner of the destroyed dwelling by applying to the Zoning Officer and submitting the necessary documents and plans and receiving the necessary approvals, authorizations or permits within one year of said destruction showing that the dwelling can be reconstructed and meet all health regulations, including the location of on-site sanitary sewer facilities and water supply system, and all other safety codes.
B.
If the Zoning Officer determines that any such requirement cannot be met or that there is another safety or health-related issue which in his opinion would make said reconstruction a threat to public health, safety or welfare, he shall not approve said reconstruction until and unless said threat is eliminated or resolved satisfactorily. Said reconstruction shall be by using the same structural footprint of the destroyed residence unless or otherwise authorized by the Land Use Board.
C.
When such rebuilt structure would be located to a historic site or structure, then the applicant shall be required to present a front and side elevation for all sides of said structure so adjacent to a historic site or structure showing how the new residence would encompass elements of design, coloration or materials which would be reflective of and/or compatible to the any adjoining historic structure such as window or door style, decorative trim, architectural details, design style, coloration or other method of making the new structure blend in with the historic structure. Where possible or necessary due the new residence's design, landscaping can be used to provide a visual buffer between the historic and contemporary structures in such cases. The provision of this subsection shall apply only to those historic sites or structures which have been identified within the Township Master Plan, an official adopted historic site survey or inventory, or listed within a Township county, state or federal historic register.
§ 145-31 Existing mobile homes.
Any occupied mobile home existing on a lot within the Township which hereafter becomes dilapidated or uninhabitable, may be replaced in accordance with all applicable Township regulations regarding same and subject to the issuance of a zoning permit for same.
§ 145-32 Contiguous lots.
If two or more lots or combinations of lots or portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for the lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, unless approval for such lots has been obtained under provisions for Township subdivision and site plan review; and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter.
§ 145-33 Public street frontage.
Every principal building shall be built and all principal uses shall be established upon a lot having frontage on a public street either improved to Township requirements or standards or for which such improvements have been ensured by posting of a sufficient performance guaranty pursuant to the provisions of Article IX of this chapter.
§ 145-34 Frontage on streets proposed for widening.
Where a building lot has frontage upon a street which is shown on the adopted Master Plan or Official Map of the Township of Commercial or the County of Cumberland and which street is proposed for right-of-way widening, the required front yard shall be measured from such proposed right-of-way lines.
§ 145-35 Visibility at intersections.
Nothing shall be erected placed or allowed to grow in such a manner as to materially impede vision between a height of 30 inches and 10 feet above the center line grade of the abutting streets or driveways within the triangular area formed by the intersecting street and driveway lines. Such sight triangle areas at all such intersections shall be as established or defined in accordance with the provisions of "A Policy of Geometric Design of Highways," published by the American Association of State Highway Officials, latest version.
§ 145-36 Irregularly shaped lots.
In the case of irregularly shaped lots on a cul-de-sac or curved street sections, the minimum lot width specified in the Schedule of District Regulations[1] shall be measured at the building setback, provided that in no case shall be a distance between side lot lines be reduced to less than 75% of the minimum lot width requirement at the street line.
[1]
Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.
§ 145-37 Projections.
Building projections, including bays, chimneys, cornices and gutters or drain spouts, may extend into yard areas for a distance not to exceed five feet and shall not be located within 10 feet of any property line.