North Hopewell Township
City Zoning Code
City Zoning Code
PART 4
MODIFICATIONS AND NONCONFORMITIES
§ 27-401 Setback Modifications.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2001-7, 9/6/2001, § 3; and by Ord. 2008-14, 12/4/2008, § 1]
1.
Front Setbacks from Major Thoroughfares. For the purpose of protecting residential use from adverse influences of traffic and for the purpose of protecting major thoroughfares for their traffic functions, buildings (including residential and nonresidential buildings) along these thoroughfares must be set back at least 50 feet from the right-of-way line of the thoroughfare. Major thoroughfares are or will be any arterial streets and collector streets specified in the Township Comprehensive Plan and as designated by the Township Planning Commission.
2.
Sight Distance. Proper sight lines must be maintained at all street intersections. Measured along the center line of the street, there must be a clear sight triangle with sides as follows:
Street | Clear Sight Triangle Side | |
|---|---|---|
Major Thoroughfares | 150 feet | |
Minor Streets | 75 feet |
No building or construction is permitted in this area except as follows: |
A.
Obstructions or plantings less than three feet in height.
B.
If not obstructing the view of traffic, post columns and trees not exceeding one foot in diameter.
3.
Corner Lots. In the case of corner lots, two front yards shall be provided. When a private road intersects a public road resulting in three roads fronting a lot, the private road shall not count as a front yard in locating non-attached accessory structures, as defined in § 27-301, Subsection 2. However, the front setback shall be met in each yard fronting a street.
4.
Accessory or Appurtenant Structures. The setback regulations do not apply to:
A.
School bus shelters, telephone booths, cornices, eaves, chimneys, steps, canopies and similar extensions including unenclosed and uncovered porches and unenclosed and uncovered patios.
B.
Open fire escapes.
C.
Minor utility structures or articles of ornamentation or decoration.
D.
Fences, retaining walls.
§ 27-402 Height Modifications.
[Ord. 1974-3, 6/20/1974]
1.
The height regulations do not apply to:
A.
Structures such as chimneys, standpipes, flagpoles, television antennas or radio towers.
B.
Structures on buildings such as clock towers, cupolas, water tanks and other mechanical appurtenances, if such structures, at any level, do not cover more than 25% of the roof on which they are located.
C.
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet.
§ 27-403 Buildings Under Construction.
[Ord. 1974-3, 6/20/1974]
If the construction is completed by one year after effective date, a building, the foundation of which was completed before the effective date, may be constructed without being bound by the requirements of this chapter. In like manner, a building, the foundation of which was completed before an amendment, may be constructed if the construction is completed within one year after the amendment.
§ 27-404 Division of Built-On Lots.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 11/5/1981, § VII; and by Ord. 2001-7, 9/6/2001, § 3]
No lot may be formed from part of a lot occupied by a building unless each newly-created lot will meet all the applicable provisions of this chapter, and each or all of the newly created lots or tracts is designed so that average depth is not more than 2 1/2 times the lot width as defined in this chapter, nor more than 2 1/2 times the width of the tract or lot measured at the narrowest point of the lot or tract.
§ 27-405 Status of Subdivision or Land Development Plan.
[Ord. 1974-3, 6/20/1974]
From the time an application or approval of a subdivision or land development plan whether preliminary or final, is duly filed as provided in the Subdivision and Land Development Ordinance, and while such application is pending approval or disapproval, no enactment or amendment of the Zoning Ordinance shall affect the decision of such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the Zoning Ordinance as it stood at the time the application was duly filed. In addition when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in the Zoning Ordinance. When a preliminary or final subdivision or land development plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent enactment or amendment in the Zoning Ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval, the five year period shall be counted from the date of the preliminary approval.
§ 27-406 Lots of Record.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 2/3/1977, § 1]
On a lot held in single and separate ownership on the effective date of this Ordinance or any amendment thereto, which does not fulfill the regulations for the minimum lot area and/or lot width for the zone in which it is located, a building may be erected, altered and used and the lot may be used for a conforming (permitted) use providing the setback requirements are not less than the minimum specified herein for the residential zone.
§ 27-407 Nonconformities.
[Ord. 1974-3, 6/20/1974; as amended by Ord. 1995-7, 9/7/1995, § 32; and by Ord. 2001-7, 9/6/2001, § 3]
1.
Continuance.
A.
Except as otherwise provided in this section, the lawful use of land or building existing at the date of the adoption of this chapter may be continued, although such use of land or building does not conform to the use regulations specified by this chapter for the zone in which such land or building is located.
B.
Except as otherwise provided in this section, any dimensional nonconformities existing at the date of the adoption of this chapter may be continued.
2.
Expansion and Alteration.
A.
Upon application for a special exception and in accordance with the provisions of § 27-504, the Zoning Hearing Board may approve the expansion or alteration of a use of land or buildings, which is not in conformance with the provision of this chapter.
B.
A dimensional nonconformity may be altered or expanded only if such alteration or expansion is in conformance with the provisions of this chapter; however, upon issuance of a special exception, in accordance with the provisions of § 27-504, the Zoning Hearing Board may authorize additions or improvements to dimensional nonconformities.
3.
Replacement.
A.
A nonconforming use may be replaced only by a conforming use.
B.
A dimensional nonconformity may be replaced only in conformance with the provisions of this chapter.
4.
Restoration. If any nonconformity is destroyed by reason of windstorm, fire, explosion or other act of God or a public enemy to an extent of more than 75% of the market value as appraised for the tax assessment purposes, then such destruction shall be deemed complete destruction and the nonconformity may not be rebuilt, restored or repaired except upon issuance of a variance in accordance with § 27-503 of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe.
5.
Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied except in conformance with this chapter.
6.
Reversion. No nonconformity shall, if once changed to conform to the regulations of this chapter, be changed back again to a nonconformity.
7.
Zone Changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses or dimensional nonconformities existing therein or created thereby.
8.
Identification and Registration. Nonconforming uses and nonconforming structures shall be identified and registered by the Zoning Officer.
