[HISTORY: Derived from Sec. 14-3 of the 2002 Revised General
Ordinances, adopted by the Township Council of the Township of Clark 12-16-2002 by Ord. No.
02-27. Amendments noted where applicable.]
This chapter shall be known as the "Look-Alike Regulations."
The purpose of this chapter shall be to provide rules, regulations
and standards to guide the erection, construction, alteration or enlargement
of any building or structure in any residential zone and the erection,
construction, alteration and enlargement of residential dwellings
in zones other than residential in the Township, so as not to be like
or substantially like any neighboring building, in order to promote
the public health, safety, convenience and the general welfare of
the Township, and to conserve the value and character of the property
and encourage the most appropriate use of land throughout the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure having a roof supported by columns, piers or
walls. "Building" shall also include the word "structure."
A building, or portion thereof, which is designed or used
exclusively as the living quarters for one or more families.
A piece, parcel or plot of land occupied or designed to be
occupied by a building and its accessory buildings or by a dwelling
group and its accessory buildings, together with such open spaces
as are arranged and designed to be used in connection with such buildings.
"Lot" shall also include the word "plot."
In relation to the premises with respect to which a building
or structure is sought to be erected, constructed, placed, altered
or enlarged, a building or structure shall be deemed to be a neighboring
building or structure if the lot upon which it or any part of it has
been or will be located is any one of the following lots:
Any lot on the street upon which the proposed building or structure
would front which is the first or the second lot next along such street
in either direction from the lot of the proposed structure, without
regard to intervening street lines.
Any lot for which any part of the street line frontage is across the street from the lot of the proposed structure or from a lot referred to in Subsection A above.
Any lot for which any part of the street line frontage faces
the end of, and is within the width of, such street, if there are
less than two lots between the proposed structure and the end of the
street.
Any lot on another street which adjoins the lot of the proposed
structure on such other street.
Any lot for which any part of the street line frontage is across such other street from the lot of the proposed structure or from a lot referred to in Subsection D above.
A.
Established. No building or structure shall hereafter be erected,
constructed, placed, altered or enlarged in any residence zone which
shall be like or substantially like any neighboring building, as hereinafter
defined, then in existence for which a building permit has been issued
or which is included in the same building permit application in more
than three of the following six respects:
(1)
Height of the main roof ridge or, in the case of a building or structure
with a flat roof, the highest point of the roof beams above the elevation
of the first floor.
(2)
Height of the main roof from the set of the rafters to the ridge.
(All flat roofs shall be deemed identical in this dimension.)
(3)
Length of the main roof ridge or, in the case of a building or structure
with a flat roof, length of the main roof.
(4)
Width between outside walls at the ends of the building or structure,
measured under the main roof ridge at right angles to the length of
the main roof thereof.
(5)
Location of windows in the front elevation or in each of both side
elevations with respect to each other and with respect to any door,
chimney, porch or attached garage in the same elevation.
(6)
In the front elevation, both:
(a)
Location, with respect to each other, of garage, if attached,
porch, if any, and the remainder of the building or structure; and
(b)
Either:
[1]
Height of any portion of the main building or structure located
outside the limits of the main roof, measured from the elevation of
the first floor to the roof ridge or, in the case of a flat roof,
the highest point of the roof beams; or
[2]
Width of such portion of the building or structure if it has
a gable in the front elevation; otherwise, length of the roof ridge
or the flat roof in the front elevation.
B.
Buildings or structures, or any part thereof, shall be deemed to
be like each other in any dimension with respect to which the difference
between them is not more than two feet.
C.
Buildings or structures, or any part thereof, between which the only
difference in location of elements is end-to-end or side-to-side reversal
of elements shall be deemed to be like each other in location of such
elements.
A.
The Construction Code Official shall in no case issue any building
permit or certificate of occupancy with respect to any building or
premises where the proposed construction, alteration or enlargement
thereof is in violation of any provision of this chapter.
B.
In the event the Construction Code Official refuses to issue a building
permit or certificate of occupancy for the reason that the applicant
is in violation of any provision of this chapter, such reasons and
violations shall be set forth in writing by the Construction Code
Official and given to the applicant within 15 days after receipt of
the application by the Construction Code Official. A copy of such
reasons and violations shall be attached to the filed application.
The Construction Code Official shall forward a copy of each
application for a permit for the excavation or demolition of commercial
or residential property to the Health Officer. The Health Officer
shall review the application and provide written notice to the applicant
of any requirements deemed necessary to ensure protection of the public
health and safety during the proposed excavation or demolition, including
but not limited to rodent, dust and noise control. Only upon confirmation,
in writing, by the Health Officer that the health requirements have
been met shall the excavation or demolition proceed, and the Health
Officer shall notify the Construction Code Official of such satisfactory
compliance.
