Rockaway Township City Zoning Code
§ 54-30.6
General provisions.
[Ord. No. 95-24 § 54-104; Ord. No. 99-19 § 1; Ord. No. 05-10 § 6; Ord. No. 05-10A § 6; Ord. No. O-13-17, § 7; Ord. No. O-21-23]
The following general provisions shall apply to all properties in all districts, unless the text indicates that the provision is applicable only in certain districts:
A.
Conformance required. No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, or altered except in conformance with this chapter.
B.
Equal application. The control and regulation of uses and structures by this chapter apply equally to the nature and extent of the uses and structures on the lot or lots upon which they are located.
C.
Change of use.
(1)
A change of use from a nonconforming use to another nonconforming use shall not be permitted.
(2)
A change of use from a nonconforming use to a conforming use shall not be permitted unless the structures and other improvements for the conforming use comply with the requirements of this chapter.
(3)
A change of use from a conforming use to another conforming use shall not be permitted if this chapter has different requirements for the proposed use, unless the structures and other improvements for the proposed use comply with such different requirements.
D.
Reductions must conform. No lot, yard, parking area, setback, buffer or any open space shall be so reduced in area or dimension as to make it less than the minimum required by this chapter. No lot, yard, parking area, setback, buffer or any open space which is already less than the minimum required by this chapter shall be further reduced in area or dimension if such reduction does not comply with this chapter.
E.
Subdivisions and mergers. Whenever a new lot is formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner so as not to impair any of the requirements of this chapter.
F.
Yards.
(1)
There shall be provided on every lot front, rear and side yards as required in the district in which the lot is located.
(2)
All front yards must face upon a street and shall be of the size required for the particular district in which the lot is located. In the case of properties fronting upon a street with a right-of-way less than 50 feet in width, or less than the proposed right-of-way width shown in the Township Master Plan, the required front yard shall be measured from a fifty-foot wide right-of-way or such wider right-of-way indicated in the Township Master Plan, as applicable. For purposes of this subsection, the location of the proposed right-of-way shall be determined taking into account the existing right-of-way location in the vicinity and any alignment shown on the Township Master Plan.
(3)
No open space which has been counted or included as part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one building or lot may, by reason of change of ownership or for any other reason, be counted or included in the yard, court or other open space requirement of any other building or lot.
(4)
Projections and encroachments. Unless otherwise permitted by this chapter, no part of any building shall extend beyond the foundation into any required yard or court, except as follows:
(a)
Roof overhangs, cornices and eaves may project a maximum of two feet over any required yard or court.
(b)
Sills, leaders, belt courses and similar ornamental or structural features may project a maximum of six inches into any required yard or court.
(c)
An open fire balcony or fire escape may project into a required yard not more than four feet.
(d)
Ground story bay windows or oriels may project not more than three feet into any required yard in any residential district.
(e)
Chimneys with or without fireplaces may project not more than two feet into any required yard in any residential district; provided the total area of encroachment shall not exceed 12 square feet.
(f)
No steps shall extend into any street right-of-way in any district. Unenclosed steps may extend a maximum of five feet into any required front or rear yard.
(g)
Awnings, canopies and marquees shall not extend into any street right-of-way in any district. Such awnings, canopies and marquees may project a maximum of five into any required yard.
(5)
The sketch maps in the appendix[1] illustrate the delineation of yards for measurement purposes regarding corner lots and other lots. Corner lots shall have a required front yard along each street line and one required rear yard opposite a front yard, except as provided for in the sketch maps in the appendix. The rear yard shall be identified as that which is opposite the site's narrower front width. All other yards shall be considered side yards. The location of driveways, front doors or front facades shall not be relevant in regard to the foregoing regulations.
[1]
Note: Yard definition and building envelope sketch maps are included as an attachment to this chapter.
G.
Corner lots.
(1)
All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirement of the district in which the lot is located. All other yards shall be measured in accordance with Subsection 54-30.6F(5).
(2)
On any corner lot in any residential district, no fence, structure, planting or shrubbery over 30 inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within 25 feet of the intersection formed by the projections of the two street sidelines at the corner.
H.
Height exceptions. The height limitations required in each district shall not apply to that part of a house of worship such as a steeple, tower or minaret. House of worship buildings, school buildings and structures, masts, flagpoles, or any Township-owned, leased or operated building, structure or use shall not exceed 45 feet in height above the average elevation of the ground at the foundation of the structure. Notwithstanding the above, masts and flagpoles shall be set back from any property line a distance equal to or greater than the height of the mast or flagpole.
I.
Planting in front yards. No hedge, shrubbery or planting on any lot in any residential district shall be permitted within three feet of any street right-of-way line. The branches of all trees projecting beyond any such street right-of-way line shall be trimmed at all times to insure unobstructed vision and shall be maintained to provide a clearance of at least eight feet above the ground or sidewalk, as applicable.
J.
Parking decks prohibited. Parking decks shall be prohibited in all zone districts of the Township.
K.
Cannabis. All classes of cannabis establishments, cannabis distributors, cannabis delivery services, and medical cannabis alternative treatment centers as said terms are defined in Section 3 of P.L. 2021, c. 16 shall be prohibited in all zone districts of the Township unless otherwise specifically permitted by this chapter. This shall not be construed to prohibit the delivery of cannabis items and related supplies in all zone districts by a state and municipally licensed cannabis delivery service.