Harrington Park City Zoning Code
ARTICLE III
General Regulations
§ 350-6 Compliance required; general restrictions.
Except as hereinafter provided:
A.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
B.
No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or inner or outer courts than specified herein for the district in which such building is located.
C.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
D.
Prohibited uses shall include all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 6-14-2021 by Ord. No. 754]
§ 350-7 Improved lot coverage.
[Added 5-21-2001 by Ord. No. 545]
A.
Legislative statement. The purpose of this section is to establish the limits of development of all lots within all of the zones within the Borough. This section is intended to replace and supersede all previous zoning reference to "impervious coverage" as otherwise previously defined in the Borough Code. The purposes of improved lot coverage are:
(1)
To manage surface stormwater runoff, so that the quantity and/or rate of runoff (discharge) from each individual lot does not increase to the extent that it might adversely affect neighboring properties;
(2)
To protect and improve the quality of surface stormwater runoff, so that the water quality of receiving waters is not impaired;
(3)
To improve the visual quality of our residential and nonresidential neighborhoods by reducing the aerial extent of improvements on lots and by increasing the expanse of vegetated areas;
(4)
To improve the visual quality of our residential and nonresidential neighborhoods by reducing the bulk of structures on individual lots; and
(5)
To maximize the flow of air and access to sunlight between buildings by reducing the bulk of man-made improvements on individual lots.
B. IMPROVEMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any constructed or man-made object or structure or any structure made from natural materials but used for a purpose otherwise provided by man-made objects (e.g., stone driveways). Typically, this would exclude only landscaped areas.
C.
In order to achieve these purposes, the maximum quantity of improvements on residential and nonresidential lots has been established as a percentage of the total area of the lot as follows:
§ 350-8 Change in use.
[Added 6-21-2004 by Ord. No. 567]
A.
Any change in use, ownership or occupancy of an existing nonresidential structure or use shall require approval.
B.
Upon change of use, the Construction Code Official shall determine whether the use is of a nature, extent and intensity so similar to the previous use that a use permit shall not be required. The Construction Code Official may either issue a continuing certificate of occupancy or refer the matter to the Planning Board. In either event, the applicant for a certificate of occupancy shall pay the fee established for use permits.
C.
The applicant shall be required to submit a change of use application and an accompanying sketch plat indicating the location and layout of all existing structures, lot configuration, general parking and loading areas, lighting, drainage, landscaping and other general site factors. In lieu of such sketch plat, the applicant may refer to prior site plans for the premises filed with the approving authority, with appropriate notations indicating any changes made on the premises since the earlier site plan approval.
D.
If the Construction Code Official determines that the change of the nature of the use, extent or intensity of activity does not require additional improvements, the Construction Code Official shall approve the application or conditionally approve the application.
E.
If the Construction Code Official determines that certain improvements are required or the nature, extent of use or intensity should be reviewed, he shall deny the application and require submission to the Planning Board of the use permit and partial or complete site plan application as provided by this chapter.