Concord Township City Zoning Code
ARTICLE VII
R-A Residence - Garden Apartment District
[Amended 3-5-1991 by Ord. No. 177; 10-7-1997 by Ord. No. 218; 1-5-1998 by Ord. No. 221; 12-15-1998 by Ord. No. 231]
§ 210-41 Purpose.
A.
The purpose of the R-A Residence - Garden Apartment District shall be to encourage attractive, large-site, low-lot-coverage apartment uses in accordance with the objectives, policies and proposals of the Comprehensive Plan; to provide for higher densities in selected areas capable of accepting the increased density without overburdening services; to provide for market demand, recognizing the economics of garden-type apartment development; to accommodate increased population on smaller tracts of land while preserving open space; to provide a choice in residential structure types; and to provide for adequate traffic, fire, landscaping and screening controls so as to present an attractive and safe addition to residential development patterns in the Township. This effort is intended to be consistent with regulating density, congestion, adequate light and air as purposes of zoning.
B.
The protective standards contained in this article are intended to minimize any adverse effect of garden apartments on nearby property values.
C.
The purpose of the R-A Residence - Garden Apartment District is also to provide an opportunity for residential retirement communities.
§ 210-42 Use regulations.
A building may be erected, altered or used, and a lot or premises may be used for any of the purposes set forth in this section and for no other, provided that the demolition of or special exception or conditional use for a historic resource shown on the Historic Resources Map[1] or any subdivision, land development or construction activity within 300 feet of a historic resource shown on the Historic Resources Map shall be subject to the provisions of Article XIXA relating to historic preservation.
A.
Uses permitted by right.
(1)
Garden-type apartment house, subject to the requirements of this article.
(2)
Accessory use regulations for apartment houses.
(a)
Parking areas and private garages in conformance with §§ 210-44 and 210-47.
(b)
Storage garages, provided that all storage for other than passenger vehicles is structurally enclosed.
(c)
Living accommodations for watchmen and caretakers employed upon the premises, provided that any such accessory living accommodation shall be located within an apartment house.
(d)
Laundry, provided that it is for the exclusive use of residents of the site.
(e)
Recreation facilities, provided that it is for the exclusive use of residents of the site and their guests.
(f)
Swimming pools and patios or terraces are permitted, provided that safety and sanitary standards, as specified by the Township Council, are maintained.
(g)
Refuse collection centers accessible to the street system, provided that they are screened from adjoining property and public view by a wall, fence or hedge.
(h)
Any other uses that are similar to those set forth in this subsection and that are customarily incidental to an apartment house, subject to the approval of the Township Council.
(3)
Residential retirement community, consisting of two or more of the following uses, in accordance with § 210-44B:
(a)
Personal care facility.
(b)
Residential retirement facility.
(c)
Independent living facility.
(d)
Continuing care retirement facility.
(e)
Skilled nursing facility.
(f)
Medical/educational center, including such facilities as:
[1]
Medical offices.
[2]
Wellness center.
[3]
Ambulatory surgery.
[4]
Dental office.
[5]
Diagnostic imaging services.
[6]
Dialysis center.
[7]
Medical clinic.
[8]
Laboratory services.
[9]
Medical research center.
[10]
Pharmaceutical services.
[11]
Physical therapy and rehabilitation center.
[12]
Adult day care.
[13]
Child day care.
[14]
Private preschool/kindergarten.
[15]
Private primary school.
[16]
Cafe/delicatessen.
[17]
Community education and meeting center.
B.
Uses by special exception.
[Added 11-5-2008 by Ord. No. 325]
(1)
A cellular telecommunications facility with antennas attached to a nonresidential building or a structure of a permitted church, municipal or governmental building or facility and a building or structure owned by a public utility regulated by the Pennsylvania Public Utility Commission, subject to the applicable provisions of Articles XXA and XXVIII.
[1]
Editor's Note: The Historic Resources Map is an attachment to this chapter.
§ 210-43 Yard and area regulations.
A.
Garden-type apartment house.
(1)
Height and area requirements.
(a)
Maximum height. The maximum height of an apartment house shall be 35 feet. No accessory building shall exceed 20 feet in height.
(b)
Maximum building length. In no case shall a wall of any one apartment house exceed 100 feet in length.
(c)
Minimum apartment size. No apartment shall be less than 700 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants. Apartments with two or three bedrooms shall be no less than 1,000 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants. The minimum apartment sizes may be reduced by up to 15% for apartment house units which are age-restricted pursuant to the United States Fair Housing Act and/or the Pennsylvania Human Relations Act and pursuant to declarations and covenants to be filed of record.
[Amended 3-2-1999 by Ord. No. 238]
(d)
Minimum lot area with width. An apartment site shall be a lot not less than two acres in size and shall have a width at the building line not less than 280 feet.
(e)
Determination of number of units. The number of apartments permitted on a lot shall be determined according to the following schedule:
Bedrooms Per Apartment | Lot Area That Shall Be Provided Per Apartment |
|---|---|
1 | 2,700 square feet |
2 | 3,100 square feet |
3 | 3,500 square feet |
(f)
Floor use restriction. Apartments shall be permitted only on any floor where the apartment floor is completely above grade at one exterior wall.
(g)
Bedroom restriction. Not more than three bedrooms shall be permitted in any one apartment.
(h)
Maximum lot coverage. Not more than 20% of the lot area may be covered by buildings used for human occupancy.
(i)
Yards.
[1]
Front yard. There shall be a front yard not less than 40 feet in depth between any apartment house or accessory building wall and any public street. If said street is designated as an arterial or collector street, then the front yard depth shall be not less than 50 feet. Whenever a service entry to an apartment house faces a public street lying within 100 feet of the entry, there shall be a continuous vision-screening wall, fence or hedge not less than six feet in height between the public street and the apartment house.
[2]
Side and rear yards. There shall be side and rear yards not less than 30 feet in depth. Whenever a service entry to an apartment house faces a dwelling on an adjacent lot within one hundred feet, there shall be a continuous vision-screening wall, fence or hedge not less than six feet in height between the adjacent dwelling lot and the apartment entry.
[3]
Inner courtyard. Whenever a two-story or two-and-one-half-story apartment house faces on a rectangular inner court, the minimum width and length of the court shall be 60 feet. When all apartment houses facing on a rectangular inner court are one story in height, the minimum width and length of the court shall be 40 feet. All such courts shall have a minimum of four openings permitting access from outside the building groups into the court. These openings shall be at least 10 feet in width between buildings and may be covered by a roof, but not by any other part of a building.
[4]
Outer courtyard. The minimum width of any outer court shall be 40 feet, and its depth shall not exceed its width.
[5]
Special conditions.
[a]
No building intended for human occupancy on any lot shall intrude into the area enclosed by the arc of a circle with a radius of 60 feet extending 45° on each side of a line perpendicular to the center of any window other than a bathroom, bedroom or kitchen window. If both buildings involved are one story in height, the radius of the circle may be reduced to 40 feet. This limitation shall not apply to any wall of the same or another building, the plane of which intersects the plane of the wall in which the window is mounted at an exterior angle of 90° or more.
[b]
No window of an apartment shall be so situated such that the projection of a line perpendicular to the wall within which said window is mounted from any point within the jambs of said window, or within four feet outside the jambs of said window, shall intersect the wall of the same or another apartment house within 40 feet.
[c]
In no case shall the wall of an apartment house be less than 15 feet from the wall of any apartment house measured along any line perpendicular to either wall.
[d]
In no case shall the wall of any detached accessory building be less than 20 feet from the wall of any apartment house measured along any line perpendicular to either wall.
[e]
The front of any apartment shall not face the rear of any other apartment unless the distance between the apartments is at least 60 feet and the service entries are screened by a continuous wall or fence at least six feet high.
(j)
Use of the open space. No more than 45% of the lot area may be occupied by a combination of buildings, streets, driveways or parking areas. Of this open space, a minimum of 50% must be suitable for such recreation purposes as tot lot, sitting area and suitable games and similar activity. Such open space shall satisfy the open space provisions of Article XXXII, §§ 210-270 to 210-276 inclusive.
[Amended 1-4-2000 by Ord. No. 245]
(k)
Other requirements.
[1]
Walls, fences and hedges may be placed anywhere on the apartment house lot unless specifically restricted by any section contained in this Chapter 210, Zoning.
[2]
All planting required to be six feet in height shall be of such species and size as will produce a substantial visual screen within five years from the date of approval of the plan by the Township Council.
[3]
All of the property shall be suitably landscaped as determined by the Township Council and shall be suitably maintained. Insofar as possible, existing trees and grades are to be preserved.
[4]
Where an R-A District abuts an R-1, R-2, R-2D or R-3 Residence District, a buffer zone shall be provided. This buffer zone shall not encroach on any yard or right-of-way. For width and nature of planting, see Article XXI, § 210-193A.
B.
Refer to § 210-44B for yard and area regulations for residential retirement communities.
§ 210-44 Special development regulations.
A.
Garden-type apartment house.
(1)
Fire protection. See Article XXIV, § 210-220.
(2)
Private streets. Private streets or lanes, where not required for use as fire lanes as specified herein, may have a minimum right-of-way width of 25 feet and a minimum cartway width of 18 feet and shall have a durable and well-drained all-weather surface. The location and use of private streets or lanes is subject to the approval of the Township Council.
(3)
Driveways. All driveways shall conform to standards specified above for private streets.
(4)
Lighting. All streets and driveways are to be property lighted to assure safe driving conditions at night and security for the residents. Such lighting is to be so planned as to not create a nuisance for residents of adjacent lots.
(5)
Location of lot lines. No driveway, private street or fire lane shall be located within 10 feet of any lot line except where required to provide access to and from a public street.
B.
Residential retirement community.
(1)
Objectives: to set forth the criteria for the use of a property as a residential retirement community. The use shall meet all licensing and certification requirements of state and other regulating agencies.
(2)
Yard and area regulations.
(a)
Lot and building area. The tract on which the facility is to be located must have a total area of at least five acres, and any individual lot must have a total area of at least three acres. The maximum percentage of the tract area covered by buildings shall not exceed 25%, and the maximum percentage of any individual lot covered by buildings shall not exceed 30%.
(b)
Density.
[1]
The maximum gross density for any independent living facility shall not exceed 35 dwelling units per acre.
[2]
The maximum number of beds permitted for a personal care facility or skilled nursing facility shall not exceed 35 beds per acre. No more than two beds shall be permitted in any such unit in the facility.
(c)
Minimum building setback.
[1]
Front yard. There shall be a building setback on each street which a site abuts which shall be not less than 50 feet in depth from the ultimate right-of-way line. The front yard shall be planted with an all-season ground cover not to exceed one foot in height, except as may be otherwise mandated by any buffering, screening and landscaping requirements.
[2]
Side yards. For each building or unified group of buildings erected on a building development lot or group of lots, there shall be two side yards, neither of which shall be less than 30 feet in width; provided, further, that the combined width of both side yards shall total a minimum of 80 feet.
[3]
Rear yard. There shall be a rear yard that shall not be less than 50 feet in depth.
[4]
Minimum lot width at building line. The width of the building development lot or group of lots on which a facility is to be erected must be at least 200 feet at the building line.
[5]
Minimum lot width at street line. Where the building development lot or group of lots on which a building is to be erected fronts a public street, the lot must be at least 200 feet wide, or a combination of 200 feet if the lot is a corner lot.
[6]
Impervious coverage. The maximum percentage of the tract covered by buildings, driveways, parking lot surfaces, walkways and other impervious surfaces shall not exceed 55%. The maximum percentage of any individual lot within the tract covered by impervious surfaces shall not exceed 60%.
[7]
Minimum required frontage. The building development lot or group of lots must have at least 200 feet of frontage on a public principal arterial street or collector street, as defined in the Township Code, § 160-8, Subdivision and Land Development, and mapped in Appendix G thereto, or a combination of 200 feet if the lot is a corner lot.
[8]
Minimum distance between buildings: 30 feet.
[9]
Maximum height: 50 feet measured at the mean grade with no more than four floors above grade.
(3)
Permitted accessory uses shall be as follows:
(a)
The following accessory uses when provided for the exclusive use of the residents, staff and guests:
[1]
Common dining facilities and an associated kitchen or kitchens.
[2]
Activity, social, recreation, physical therapy and exercise facilities.
[3]
Administrative office facilities.
[4]
Laundry and housekeeping facilities.
[5]
Chapel.
[6]
Beauty salon, barber shop or related personal services.
[7]
Library.
[8]
Retail store, not to exceed two percent of the gross floor area of all buildings.
(4)
Utilities. A personal care facility must be served by public sewer and public water.
(5)
Open space. A minimum of 10% of the tract and/or lot area shall be maintained as open space, and no individual open space parcel shall be less than 5,000 square feet in area and 50 feet in width. The minimum required open space shall be measured 10 feet from all buildings, so as to provide for a ten-foot limited common element zone around all buildings. Such open space shall satisfy the open space provisions of Article XXXII, §§ 210-270 to 210-276 inclusive.
[Amended 1-4-2000 by Ord. No. 245]
(6)
Construction and layout.
(a)
Site layout. The buildings, streets, driveways and related structures shall be laid out and constructed with the intent of encouraging an attractive facility with the buildings sited as compactly as is reasonably feasible and in a manner intended to duplicate the appearance and feel of a small, integrated community or village, or a small neighborhood. The physical design of the facility and the appurtenant improvements shall provide for adequate control of vehicular and pedestrian traffic, make adequate provisions for public water, public sewer, soil erosion and sedimentation control, stormwater management, fire protection and other public services and further the amenities of light, air and visual enjoyment.
(b)
Physical appearance of buildings. The buildings comprising the facility shall be architecturally designed and constructed so as to integrate to the extent that is reasonably practical with the existing development and existing land use adjacent to the site. If practical, the buildings shall be oriented with a gable end facing a street frontage and shall appear to be residential in nature. No building shall exceed four stories or 50 feet in height.
(c)
Access. There shall be at least two separate means of vehicular access to the facility, each of which is of a sufficient size to provide uninhibited ingress and egress to emergency vehicles and which complies with Article XXIV, § 210-220. In addition, street access that complies with Article XXIV, § 210-220, shall be provided to the front, both sides and back of the facility.
(d)
Loading and delivery areas. There shall be provided areas for loading and unloading of delivery trucks and other vehicles and for servicing permitted establishments with refuse collection, fuel and other service vehicles, which areas shall be located at the side or rear of the buildings, shall be adequate in size, shall be so arranged that they may be used without blockage or interference with the use of the accessways or parking facilities, shall be located as far as possible from the residential areas of the facility and shall be constructed so as to be as unobtrusive as possible and screened from abutting properties through landscaping, berming, fencing or walls. There shall additionally be at least one entrance to which there is unobstructed access in accordance with the provisions of Article XXIV, Chapter 210, § 210-220, Zoning. The entrance shall be constructed so that when an emergency vehicle such as an ambulance is parked at the entrance, shelter from the weather is provided to a person who is being loaded or unloaded at the facility.
(e)
Parking.
[1]
Off-street parking shall be provided at the following minimum levels:
[a]
1.25 parking spaces per unit for an independent living facility.
[b]
0.33 parking spaces per bed for a personal care facility and/or skilled nursing facility.
[c]
At a blended level for a residential retirement facility and continuing care retirement facility, depending on the composition of independent living facility units, and beds at a personal care facility or skilled nursing facility.
[d]
In addition to the above, one parking space for each employee who works on the shift with the highest number of employees.
[2]
Off-street parking for a medical/educational center shall be provided at the minimum ratio of one parking space per 350 square feet of gross floor area.
[3]
Off-street parking for residents, employees and visitors shall be placed in the rear or on the side of the facility and shall be made as unobtrusive as possible through the use of berming and landscaping that complies with Article XXII, § 210-201, of this chapter.
[4]
Parking in the front yard shall be limited to spaces to be used for visitors, resident pickup and dropoff and shall not exceed, where possible, 25% of the total parking.
[5]
All parking shall be directly accessible to the units being served and shall be illuminated in accordance with Article XXII, this chapter.
[6]
If the use(s) of the residential retirement community and/or the medical/educational center changes, a new conditional use approval shall be required in order to reevaluate the parking demand and other attributes of the new use(s).
[7]
All other aspects of off-street parking shall be governed by Article XXII, this chapter.
(f)
Pedestrian facilities and access.
[1]
Pedestrian amenities shall be located around the facility within the required open space. These amenities may include, but are not limited to, bus stop shelters, benches and sidewalks. Crosswalks shall be line-striped across all streets in compliance with Chapter 160, Subdivision and Land Development, § 160-42B, at intersections; where street crossings are appropriate for the facility's residents; or where sidewalks would otherwise extend across the street.
[2]
A continuous walking system throughout the site shall be provided as a sidewalk and pathway system of at least four feet in width. It shall be integrated with building entrances and exits, curb cuts, crosswalks and other features, to ensure an interconnected flow of pedestrian circulation. No walkway or ramp shall be steeper than 5% in grade.
(7)
Landscaping.
(a)
All landscaping shall comply with Article XXI, this chapter. The amount of landscaping, berming and buffering may be enlarged as a condition to granting the use approval where the Township Council determines that it is reasonably necessary.
(b)
The landscaping is encouraged to include such features as hedges, fences, walls, pergolas, gazebos, pavilions, benches, outdoor sifting areas and community gardens.
(8)
Signs. All signs associated with the facility shall comply with Article XXIII, this chapter, as it existed at the time the signs were installed or otherwise erected.
(9)
Procedure to obtain approval of use.
(a)
In addition to the requirements of the Township Code, Chapter 160, Subdivision and Land Development, notes shall be added on the final plan for the execution of covenants to be filed of record with the plan. The covenants shall include provisions requiring that:
[1]
All marketing materials reflect that the development is intended for occupancy by persons 55 years of age or older.
[2]
Agreements of sale and leases include provisions and verification requirements to evidence that units will be occupied by at least one person who is 55 years or older.
[3]
At regular intervals, the homeowners' association or manager shall survey the occupants for purposes of verifying ages and provide standards for acceptable evidence, such as requiring copies of birth certificates or drivers' licenses.
[4]
Written rules and regulations for the development are established and published for the community.
[5]
The landowner or developer shall comply with the provisions of the United States Fair Housing Act, the Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act of 1995 and the Pennsylvania Human Relations Act.[1]
[1]
Editor's Note: See 43 P.S. § 951 et seq.
§ 210-45 Landscaping requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The landscaping regulations set forth in Article XXI and § 210-44B shall apply.
§ 210-46 Sign regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The sign regulations set forth in Article XXIII shall apply.
§ 210-47 Off-street parking and loading requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The off-street parking and loading requirements set forth in Article XXII and § 210-44B shall apply.
§ 210-48 Site plan review requirements.
Each application for a permit to construct a structure in an R-A Residence - Garden Apartment District shall be accompanied by the following information:
A.
Site plan. A site plan or plans which shall describe the integrated or overall development of the tract of land or district for which an application is made, which site plan or plans shall be drawn at appropriate scale, and which shall show:
(1)
The location, orientation, boundaries, dimensions and ownership of the land to be included in the district or area for which the application is made.
(2)
The location, use, dimensions and arrangements of all buildings and structures, streets, sidewalks and open spaces, including the height of all buildings; the number of bedrooms contained in each apartment; the location area in square feet and capacity of all areas to be used for off-street parking; the location and dimensions of all driveways, fire lanes and private and public streets; the location of all areas devoted to planting, landscaping or similar purposes; and the location and height of all walls, fences or hedges required as visual screens.
(3)
The floor plans and areas in square feet of all dwelling units and accessory buildings and the location of all windows and external doors.
(4)
The physical features of the tract, including contours at two-foot intervals, regarding planned or proposed final contours and elevations.
(5)
The provisions and proposed facilities made for and the location of all sewage, water supply, surface water and stormwater drainage, exterior lighting and similar facilities and the dimensions of all existing or proposed utility easements.
B.
Sufficient data received. In all instances, sufficient data shall be provided to enable the Township Council to determine that the requirements of this chapter and other ordinances of the Township relevant to the proposed plan have been fulfilled.
C.
The requirements set forth in § 210-44B of this article for residential retirement community shall apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
