1. Lot size and open area exceptions. The lot width or area requirements of this Chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but not including additional dwelling units), moving, repair or alteration of an existing single-family dwelling on any lot of record which was owned separately and individually from all other tracts of land on the effective date of this Chapter or on the effective date of any subsequent amendment increasing the lot size requirements of such lot; provided, that:
A. Such use is permitted in the district where such lot is located; and
B. All other regulations prescribed in this Chapter shall apply thereto, except that no side yard shall be less than five feet.
2. Exception for original design in new residential development. In accordance with the requirements and procedures set forth in Part 10 hereof, the Zoning Hearing Board may modify the lot size and open space regulations of land platted for a proposed subdivision; provided, that:
A. Such proposed subdivision has been approved by the Township Planning Commission and any other board, commission, bureau or department having authority over same or any part thereof;
B. The entire tract of land in the proposed subdivision contains three or more acres;
C. A building plan is submitted with the application to the Planning Commission showing lots where dwelling groups or apartment houses are proposed to be built, the maximum density of population that may exist thereon, minimum yard requirements, and proposed screening, walls or planting;
D. For such land there shall not be a greater average density of population or cover of land with buildings than is permitted in the district wherein such land lies as shown on the Official Zoning Map;
E. Findings are made in accordance with Part 10 of this Chapter; and
F. An affirmative vote of all members of the Zoning Hearing Board approves such proposed subdivision.
3. Front yard modification. Where there are principal buildings on adjoining lots on each side of a parcel of land less than 100 feet in width having a front yard setback or exterior side yard setback less than the required front yard depth for the zoning district in which said parcel is located, the required front yard depth of said parcel shall equal the average setback from the street line of such existing buildings or said adjoining lots. This modification shall not permit a front yard depth of less than 15 feet in any R District unless unusual topography would require a grade of in excess of 12% for the approach drive to an off-street parking facility. In which case, the depth may be modified to permit a grade of 12% or less.
4. Side yard modification for corner lots.
A. Side yard modification for corner lots in R District.
(1) On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard for any building shall equal 10% of the lot width, but need not be more than ten feet.
(2) On a corner lot where the rear lot line coincides with a side lot line of the adjoining lot for a distance from a street line:
(a) The required width of the exterior side yard for buildings up to 30 feet in height shall equal 30% of the lot width, but need not exceed 30 feet and shall not be less than 18 feet; and
(b) The required width of the exterior side yard buildings over 30 feet in height shall equal the required front yard depth of said adjoining lot, but need not exceed 30 feet.
5. Side yard modification for corner lots in C or M Districts. On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard of said corner lot shall be not less than 30 feet then the exterior side yard is opposite a lot in any R District, or not less than ten feet in any other case.
6. Rear yard modification for through lots. On a through lot, where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.
7. Visibility at intersections. In any district where a front yard of 25 feet or more is required by this Chapter, no signs, fence, wall, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points on such street lines 30 feet distance from their point of intersection. This regulation shall not apply to any necessary retaining wall or to buildings existing on the effective date of this Chapter.
8. Permitted obstructions in required open space. Except for the purpose of division 7. above, none of the following uses, structures or parts of structures shall be considered as obstructions when located, as specified:
A. In any required open space:
(1) Access drives or walks;
(2) Fence or wall not exceeding three and one-half feet in height (except as otherwise required for screening);
(3) Flag poles not exceeding 20 feet in height;
(4) Retaining walls of any necessary height;
(5) Permitted signs;
(6) Terraces not extending more than one foot above the adjoining finished grade;
(7) Projections from a principal building as follows, provided that no projection is nearer than five feet to a side lot line:
(a) Awnings or canopies;
(b) Chimneys or roofs projecting not more than two feet into a required open space;
(c) Window sills and architectural features projecting not more than four inches into a required open space; and
(d) Unenclosed steps not extending above the first floor level.
(8) In any C or M District, gasoline pumps or open accessory off-street parking spaces.
B. In any required interior side yard:
(1) A one-story garage, not more than 12 feet in height, attached to a dwelling and projecting not more than three feet into a required interior side yard; provided that such garage shall not be nearer any side lot line than a distance equal to one-half the height of said garage or five feet, whichever is greater; and
(2) Open fire escape projecting not more than four feet into a required interior side yard, but not nearer any side lot line than five feet.
C. In any rear yard, not a front yard equivalent, or in any part of an interior side yard which exceeds a required side yard:
(1) Fence or wall not to exceed eight feet in height, except by approval in a variance before the Zoning Hearing Board. When application is made for the erection of any said fence exceeding eight feet in height, the building permit must contain explicit information as to the purpose of said fence. Original purpose of intended use of fenced in areas shall be maintained. Any desired change in use of the fenced in area must go before the Zoning Hearing Board for a submittal in a variance hearing;
(2) Any accessory use or structure permitted in the district regulations subject to division 9. below;
(3) Balconies, bay windows, non-weather-proofed porches or breezeways, or attached garages, not exceeding 15 feet in height, may extend into a required rear yard for a distance not to exceed one-third the required depth of such yard; and
(4) Flag poles or accessory radio or television antennae of any height, provided that such structure shall be set back from any property line a distance equal to its height.
9. Limitations on obstructions in required open space.
A. No storage or processing of any kind shall be permitted in any required yard in any C or M District. This provision shall not apply to uses accessory to a permitted dwelling, but such accessory uses shall be subject to the following limitations on obstructions in required open spaces in R Districts.
B. In any R District, accessory buildings and roofed projections shall not occupy more than 30% of a required rear yard of an interior lot of more than 40% of a required rear yard of a corner lot.
C. In any R District, no part of an accessory building shall be nearer than eight feet to a rear or side lot line, except that where such lot line abuts a side yard to an adjoining lot in any R District, the setback shall not be less than a distance equal to one-half the height of the accessory building or eight feet, whichever is larger.
D. In any R District, detached accessory building shall be at least ten feet from any dwelling and five feet from any other building.
10. District in which abutting lot lies. For the purpose of determining side or rear yard requirements, an abutting lot shall be deemed to be in the zoning district which contains the largest portion of its area having street frontage.
(Ord. 1983-2B, passed 4-30-1984; Ord. 1991-6, passed 4-29-1991, Ord. 2004-9-1, passed 9-20-2004)