All streets, alleys and railroad rights of way, if not otherwise specifically designated shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets or railroad rights of way. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley to the center line unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property. (Ord., 5-7-1984)
11-4-2: COMPLIANCE WITH DISTRICT REQUIREMENTS:
No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. (Ord., 5-7-1984)
11-4-3: HEIGHT REGULATIONS:
No structure may be erected to exceed more than twenty five feet (25') of the height limits of the zone in which it is located. Aerials or antennas designed to aid home television reception may be erected to a height not to exceed sixty feet (60') from the ground level; provided, said aerial or antenna is erected on a building or in the rear yard area. (Ord., 5-7-1984)
11-4-4: AREA REGULATIONS:
No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the zone in which the building is located. (Ord., 5-7-1984)
11-4-5: SPACE REGULATIONS:
No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other space requirement of or for any other building. (Ord., 5-7-1984)
11-4-6: PROJECTIONS ON OPEN SPACES:
An open terrace, but not including a roofed-over porch or terrace, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than fifteen feet (15'). A one story bay window may project into a front yard not more than three feet (3'). Overhanging eaves, including gutters, may project over the minimum required side yard not more than eighteen inches (18"). (Ord., 5-7-1984)
11-4-7: ONE BUILDING PER LOT:
Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this title, provided that except in a two (2) story garage with living quarters upon the second floor, such quarter may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guesthouse (without kitchen) or rooms for guests within an accessory building; provided, such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others. (Ord., 5-7-1984)
11-4-8: PREVIOUSLY RECORDED LOTS:
Any separate lot, the title of which was of record at the time of the adoption of this title, that does not meet the requirements of this title for yards, courts or other area of open space, may be utilized for single residence purpose; provided, the requirements for such yard or court or lot area, width, depth or open space is within seventy five percent (75%) of that required by this chapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. (Ord., 5-7-1984)
11-4-9: STREET ACCESS REQUIRED:
No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty five feet (25') unless an easement of lesser width was of record prior to the adoption of this chapter. (Ord., 5-7-1984)
11-4-10: INTERFERENCE WITH TRAFFIC:
No wall, fence or shrubbery shall unreasonably obstruct or interfere with traffic visibility. (Ord., 5-7-1984)
11-4-11: EXCEPTIONS; TIME LIMIT:
(A) Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which building or actual construction has been diligently carried on; and provided further, that such building shall be completed within one year.
(B) Unless otherwise indicated in the action granting approval of any variance, conditional use or any other permit of any kind, in the event any use which is permitted pursuant to any section of this Code is not completed within one year after the date of issuance of a permit, the permit shall expire. After that date, no work shall commence or continue unless the permit is renewed or extended.
(C) This section is not intended to repeal any other time limitations set elsewhere in this Code. (Ord. 259, 10-18-1999)
11-4-12: REZONING OF PUBLIC AREAS:
An area indicated on the official zoning map as a public park or recreation area, public utility area, cemetery, public school site or semipublic open space, shall not be used for any other purposes and when the use of the area is discontinued, it shall automatically be zoned Residence A One-Family District, until otherwise zoned. (Ord., 5-7-1984)
11-4-13: ANNEXATIONS:
Any area annexed to the Municipality shall, upon such annexation, be automatically zoned Residence A One-Family District, until otherwise zoned. (Ord., 5-7-1984)
11-4-14: ACCESSORY BUILDINGS:
Accessory buildings, except as otherwise permitted in this title, shall be subject to the following regulations:
(A) Where any accessory building is structurally attached to a main building, it shall be subject, and will conform to, all regulations of this chapter applicable to the main building.
(B) Accessory buildings shall be set back from interior lot lines and rear lot lines the distance of five feet (5') as required by the International Residential Code.
(C) No detached accessory building shall be located closer than ten feet (10') to any main building.
(D) An accessory building shall not be erected prior to the establishment or construction of the principal use building.
(E) An accessory building shall not encroach upon or into a front yard. On corner lots, an accessory building shall not encroach upon or into any front yard which is adjacent to an abutting street. (Ord. 368, 2-5-2018)
11-4-15: USE PERMIT:
No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the enforcing officer. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this title. (Ord., 5-7-1984)
11-4-16: CERTIFICATE OF COMPLIANCE:
(A) No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the Zoning Commission. The certificate of compliance shall be issued only after the Zoning Officer reports a finding that the building has been erected or structurally altered in conformance with the provisions of this title and other health and building regulations.
(B) A certificate of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alterations of such buildings shall have been satisfactorily completed. A record of all certificates shall be kept on file in the Office of the Zoning Officer and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. (Ord., 5-7-1984)
11-4-17: CHANGE OF USE REQUIRES CERTIFICATE OF COMPLIANCE:
(A) The use of a building already erected at the time this title becomes effective shall not be changed to some other use or occupied for any other purpose, unless the owner applies for and receives a certificate of compliance.
(B) On all matters of concern or interest to citizens generally which would involve the change of use or occupancy for the purpose to which there might be general objection, the Zoning Commission shall issue public notices at least five (5) days in advance of a public hearing, at which all interested parties shall be heard and then a decision shall be made by the Zoning Commission on the question of issuing such permit or imposing such restrictions or conditions as the commission shall require after such hearing. (Ord., 5-7-1984)
11-4-18: CONDITIONAL USES:
(A) Application for conditional uses, as defined herein, shall be considered at a public hearing before the Zoning Commission. Said Zoning Commission shall make its findings of fact and recommendations to the Governing Body within thirty (30) days after the public hearing.
(B) The Zoning Commission may recommend such restrictions upon the height and bulk of any structure so approved for conditional use as may be reasonable under the particular circumstances, provided that such restrictions shall not be more restrictive than the requirements established for the zone on which such structure is proposed to be located. (Ord., 5-7-1984)
11-4-19: SETBACK LINE; PUBLIC BUILDINGS:
The Zoning Commission shall have the power to alter the required setback line in case of public or semipublic buildings after a public hearing and after a showing that such action will not cause damage and will be in accord with the general purpose of this title. (Ord., 5-7-1984)
11-4-20: ZONING ACTION MAKES NO CHANGE IN OTHER ACTS:
The Governing Body hereby declares that it is its intention that this title does not repeal any existing laws in regard to Fire Codes, buildings, sanitation or otherwise. (Ord., 5-7-1984)
New Plymouth City Zoning Code
CHAPTER 4
GENERAL ZONING PROVISIONS
11-4-1: STREETS AND BOUNDARIES:
All streets, alleys and railroad rights of way, if not otherwise specifically designated shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets or railroad rights of way. Where the center line of a street or alley serves as a district boundary, the zoning of such street or alley to the center line unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property. (Ord., 5-7-1984)
11-4-2: COMPLIANCE WITH DISTRICT REQUIREMENTS:
No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. (Ord., 5-7-1984)
11-4-3: HEIGHT REGULATIONS:
No structure may be erected to exceed more than twenty five feet (25') of the height limits of the zone in which it is located. Aerials or antennas designed to aid home television reception may be erected to a height not to exceed sixty feet (60') from the ground level; provided, said aerial or antenna is erected on a building or in the rear yard area. (Ord., 5-7-1984)
11-4-4: AREA REGULATIONS:
No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the zone in which the building is located. (Ord., 5-7-1984)
11-4-5: SPACE REGULATIONS:
No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this chapter, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other space requirement of or for any other building. (Ord., 5-7-1984)
11-4-6: PROJECTIONS ON OPEN SPACES:
An open terrace, but not including a roofed-over porch or terrace, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than fifteen feet (15'). A one story bay window may project into a front yard not more than three feet (3'). Overhanging eaves, including gutters, may project over the minimum required side yard not more than eighteen inches (18"). (Ord., 5-7-1984)
11-4-7: ONE BUILDING PER LOT:
Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this title, provided that except in a two (2) story garage with living quarters upon the second floor, such quarter may be occupied by a servant (and his family) of the family occupying the main structure. There may also be constructed a guesthouse (without kitchen) or rooms for guests within an accessory building; provided, such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others. (Ord., 5-7-1984)
11-4-8: PREVIOUSLY RECORDED LOTS:
Any separate lot, the title of which was of record at the time of the adoption of this title, that does not meet the requirements of this title for yards, courts or other area of open space, may be utilized for single residence purpose; provided, the requirements for such yard or court or lot area, width, depth or open space is within seventy five percent (75%) of that required by this chapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. (Ord., 5-7-1984)
11-4-9: STREET ACCESS REQUIRED:
No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or have permanent easement for access to a public street, which easement shall have a minimum width of twenty five feet (25') unless an easement of lesser width was of record prior to the adoption of this chapter. (Ord., 5-7-1984)
11-4-10: INTERFERENCE WITH TRAFFIC:
No wall, fence or shrubbery shall unreasonably obstruct or interfere with traffic visibility. (Ord., 5-7-1984)
11-4-11: EXCEPTIONS; TIME LIMIT:
(A) Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which building or actual construction has been diligently carried on; and provided further, that such building shall be completed within one year.
(B) Unless otherwise indicated in the action granting approval of any variance, conditional use or any other permit of any kind, in the event any use which is permitted pursuant to any section of this Code is not completed within one year after the date of issuance of a permit, the permit shall expire. After that date, no work shall commence or continue unless the permit is renewed or extended.
(C) This section is not intended to repeal any other time limitations set elsewhere in this Code. (Ord. 259, 10-18-1999)
11-4-12: REZONING OF PUBLIC AREAS:
An area indicated on the official zoning map as a public park or recreation area, public utility area, cemetery, public school site or semipublic open space, shall not be used for any other purposes and when the use of the area is discontinued, it shall automatically be zoned Residence A One-Family District, until otherwise zoned. (Ord., 5-7-1984)
11-4-13: ANNEXATIONS:
Any area annexed to the Municipality shall, upon such annexation, be automatically zoned Residence A One-Family District, until otherwise zoned. (Ord., 5-7-1984)
11-4-14: ACCESSORY BUILDINGS:
Accessory buildings, except as otherwise permitted in this title, shall be subject to the following regulations:
(A) Where any accessory building is structurally attached to a main building, it shall be subject, and will conform to, all regulations of this chapter applicable to the main building.
(B) Accessory buildings shall be set back from interior lot lines and rear lot lines the distance of five feet (5') as required by the International Residential Code.
(C) No detached accessory building shall be located closer than ten feet (10') to any main building.
(D) An accessory building shall not be erected prior to the establishment or construction of the principal use building.
(E) An accessory building shall not encroach upon or into a front yard. On corner lots, an accessory building shall not encroach upon or into any front yard which is adjacent to an abutting street. (Ord. 368, 2-5-2018)
11-4-15: USE PERMIT:
No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the enforcing officer. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this title. (Ord., 5-7-1984)
11-4-16: CERTIFICATE OF COMPLIANCE:
(A) No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the Zoning Commission. The certificate of compliance shall be issued only after the Zoning Officer reports a finding that the building has been erected or structurally altered in conformance with the provisions of this title and other health and building regulations.
(B) A certificate of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alterations of such buildings shall have been satisfactorily completed. A record of all certificates shall be kept on file in the Office of the Zoning Officer and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. (Ord., 5-7-1984)
11-4-17: CHANGE OF USE REQUIRES CERTIFICATE OF COMPLIANCE:
(A) The use of a building already erected at the time this title becomes effective shall not be changed to some other use or occupied for any other purpose, unless the owner applies for and receives a certificate of compliance.
(B) On all matters of concern or interest to citizens generally which would involve the change of use or occupancy for the purpose to which there might be general objection, the Zoning Commission shall issue public notices at least five (5) days in advance of a public hearing, at which all interested parties shall be heard and then a decision shall be made by the Zoning Commission on the question of issuing such permit or imposing such restrictions or conditions as the commission shall require after such hearing. (Ord., 5-7-1984)
11-4-18: CONDITIONAL USES:
(A) Application for conditional uses, as defined herein, shall be considered at a public hearing before the Zoning Commission. Said Zoning Commission shall make its findings of fact and recommendations to the Governing Body within thirty (30) days after the public hearing.
(B) The Zoning Commission may recommend such restrictions upon the height and bulk of any structure so approved for conditional use as may be reasonable under the particular circumstances, provided that such restrictions shall not be more restrictive than the requirements established for the zone on which such structure is proposed to be located. (Ord., 5-7-1984)
11-4-19: SETBACK LINE; PUBLIC BUILDINGS:
The Zoning Commission shall have the power to alter the required setback line in case of public or semipublic buildings after a public hearing and after a showing that such action will not cause damage and will be in accord with the general purpose of this title. (Ord., 5-7-1984)
11-4-20: ZONING ACTION MAKES NO CHANGE IN OTHER ACTS:
The Governing Body hereby declares that it is its intention that this title does not repeal any existing laws in regard to Fire Codes, buildings, sanitation or otherwise. (Ord., 5-7-1984)