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Cumberland Township
City Zoning Code

PART 5

RESIDENTIAL DISTRICTS

§ 27-501 General Provisions.

[Ord. 11/25/2003, § 500]
1. 
Permitted Uses. Uses are permitted by right, as Special exceptions, and as conditional uses in residential districts in accordance with § 27-502.
2. 
Accessory Uses. Accessory uses are permitted in accordance with Part 15.
3. 
Off-Street Parking and Loading. Off-street parking and loading shall be provided in accordance with Part 13.
4. 
Buffers. Buffers shall be provided in accordance with Part 12.
5. 
Performance Standards. Any activity or use in residential districts shall comply with the performance standards of Part 12.
6. 
Permanent Open Space - Offer of Dedication. Permanent open space to be provided in accordance with certain sections of this Part shall be offered for dedication to the Township, although the Township need not accept any such offers.

§ 27-502 Permitted Uses.

[Ord. 11/25/2003, § 501; as amended by Ord. 2010-136, 3/23/2010; and by Ord. 2013-150, 6/26/2013, § 2]
1. 
Residential Districts.
Districts
Use Classification
R
R Cluster
RMH
Single-family detached residential dwellings (SFD)
P
P
P
Two-family residential dwellings (2F)
P
P
P
Single-family attached residential dwellings (SFA)
P*
P
Multi-family residential dwellings (MF)
P
Mobile home parks (MHP)
P
Public and not-for-profit private recreation
CU
Transit stations, public utility facilities
CU
CU
Forestry
P
P
P
Assisted living facilities**
CU
CU
Essential services
P
P
P
KEY:
P
Permitted
SE
Special Exception
CU
Conditional Use
NOTES:
*
Under conditions specified in § 27-503, Subsection 2
**
See specific performance criteria listed in § 27-1603

§ 27-503 Development Standards.

[Ord. 11/25/2003, § 502]
1. 
Residential Districts (Excepting Cluster).
Districts
Standards
R
RMH
Maximum Tract Density (units per developable acre)
3.5
9.0
Minimum Tract Area (acres)
0.3
2.0
Maximum Building Coverage (% of tract or lot)
20
30
Maximum Impervious Coverage (% of tract or lot)
25
50
Central Water & Sewer Facilities Required
Yes
Yes
Minimum Lot Area (square feet)
12,000
4,000
Maximum Height - Principal Structures (feet)
35
35
Maximum Height - Principal Structures (stories)
2.5
3
Minimum Lot Width at Right-of-Way Line (feet)
40
40
Minimum Lot Width at Building Setback Line (feet)
80
40
Minimum Side Yard (aggregate)(feet)
30
20
Minimum Side Yard (one side)(feet)
12**
8**
Minimum Rear Yard (feet)
25
20
Minimum Accessory Structures Setback from Property Lines (feet)
10***
10***
Maximum Height — Accessory Structures (feet)
16
16
Maximum Height — Accessory Structures (stories)
1.5
1.5
Minimum setbacks from streets (feet):
Any building face to arterial street ultimate right-of-way
50
50
Any building face to collector street ultimate right-of-way
40
40
Any building face to local street ultimate right-of-way
25
25
Any building face to common parking area
—
10
Surface parking areas to arterial street ultimate right-of-way
20
20
Surface parking areas to collector street ultimate right-of-way
15
15
Surface parking areas to local street ultimate right-of-way
10
10
Minimum principal building setbacks from tract perimeter (feet)
From other residential tracts
20
20
From non-residential tracts or district boundary
20
20
Minimum surface parking areas, driveways, interior roadways setbacks from tract perimeter (feet):
From other residential tracts
10
10
From non-residential tracts or district boundary
10
15
Minimum principal building spacing (feet):
Window wall to windowless wall
—
20
Window wall to window wall
a)
Front to front
—
40
b)
Rear to rear
—
35
c)
End to end
—
25
d)
Front to rear
—
40
e)
Front to end
—
40
f)
Rear to end
—
35
NOTES:
**
Common walls for 2-family (twin) & attached dwellings excepted
***
5 if property line adjoins a non-residential district
2. 
R District Cluster Overlay.
Minimum Percent of Tract as Permanent Open Space
Standards
20%
30%
40%
50%
60%
Minimum Permanent Open Space Area (% of tract)
20
30
40
50
60
Maximum Tract Density (units per developable acre)
3.65
3.85
4.05
4.25
4.45
Minimum Tract Area (acres)
10
10
10
10
10
Maximum Building Coverage (% of tract)
20
19
18
17
16
Maximum Impervious Coverage (% of tract)
26
25
24
23
22
Public Water & Sewer Facilities Required
Yes
Yes
Yes
Yes
Yes
Minimum Lot Area per Unit (Square Feet)
8000
6500
5000
4000
3000
Permitted Dwelling Types
SFD, 2F
SFD, 2F
SFD, 2F, S FA
SFD, 2F, S FA
SFD, 2F, S FA
Maximum Building Coverage (% of lot)
25
30
35
40
45
Maximum Impervious Coverage (% of lot)
33
40
45
55
65
Minimum Lot Width at Right-of-Way Line (feet)
35
35
35
30
20
Minimum Lot Width at Building Setback Line (feet)
50
45
40
35
25
Minimum Side Yard (aggregate)(feet)
20
17
15
12
10
Minimum Side Yard one side)(feet)
0
0
0
0
0
Minimum Rear Yard (feet)
25
20
18
16
15
Minimum Accessory Structures Setback from Property Lines
6
6
6
6
6
Maximum Height - Accessory Structures (feet)
16
16
16
16
16
Maximum Height - Accessory Structures (stories)
1.5
1.5
1.5
1.5
1.5
Minimum setbacks from streets (feet)
Any building face to existing arterial street ultimate right-of-way
100
100
100
100
100
Any building face to existing collector street ultimate right-of-way
80
80
80
80
80
Any building face to existing local street ultimate right-of-way
50
50
50
50
50
Any building face to common parking area
10
10
10
10
10
Surface parking areas to existing arterial street ultimate right-of-way
40
40
40
40
40
Surface parking areas to existing collector street ultimate right-of-way
30
30
30
30
30
Surface parking areas to existing local street ultimate right-of-way
20
20
20
20
20
Minimum building setbacks from tract perimeter (feet):
From other residential tracts
30
30
30
30
30
From non-residential tracts or district boundary lines
50
50
50
50
50
Minimum surface parking areas, driveways, interior roadways setbacks from tract perimeter (feet):
From other residential tracts
15
15
15
15
15
From non-residential tracts or district boundary lines
20
20
20
20
20
Minimum principal building spacing (feet):
Window wall to windowless wall
20
17
15
12
10
Window wall to window wall
a)
Front to front
50
45
40
40
40
b)
Rear to rear
50
40
36
32
30
c)
End to end
30
25
20
20
20
d)
Front to rear
50
45
40
40
40
e)
Front to end
40
35
30
30
30
f)
Rear to end
35
30
25
25
25

§ 27-504 R Residential District.

[Ord. 11/25/2003, § 503]
1. 
Intent. The intent of the R Residential District is to provide appropriate locations and development standards for single-family detached and two-family residential dwellings (and in specified cases in cluster developments, single-family attached residential dwellings) in designated growth areas of the township. R Residential Districts are intended for medium-low density development and may serve as transition areas from mixed-use districts to low-intensity residential-agricultural districts along the perimeter of the growth area. R Residential Districts are appropriate for residential clustering (see §§ 27-503.2 and 27-506).
2. 
Permitted Uses. Uses are permitted in R Residential Districts in accordance with § 27-502.
3. 
Development Standards. Uses shall occur in accordance with the standards of §§ 27-503, Subsections 1 and 2.
4. 
Cluster Development. Cluster development may be undertaken in R Residential Districts under the provisions of §§ 27-503, Subsection 2, and 27-506.

§ 27-505 RMH Residential District.

[Ord. 11/25/2003, § 504]
1. 
Intent. The intent of the RMH Residential District is to provide appropriate locations and development standards for single-family detached, single-family attached, and multi-family residential dwellings in medium and medium-high density developments within designated growth areas of the Township and in locations where such developments already exist. RMH Residential Districts are appropriately located in association with mixed-use districts within designated growth areas of the township and as transition areas from mixed-use districts to medium-low density residential districts. RMH Residential Districts are also appropriate settings for mobile home parks.
2. 
Permitted Uses. Uses are permitted by right in RMH Residential Districts in accordance with § 27-502.
3. 
Development Standards. Uses shall occur in accordance with the standards of §§ 27-503, Subsections 1 and 2.

§ 27-506 Cluster Development Overlay District.

[Ord. 11/25/2003, § 505]
1. 
Cluster Development - Intent. The intent of this section is to establish standards and criteria that permit the clustering of homes on reduced-sized lots in the R Residential District, in return for the permanent preservation of usable and/or environmentally-sensitive open space. Furthermore, it is the intent of this section to encourage the following objectives:
A. 
Permit a more attractive, varied arrangement of dwelling units and open space on a particular tract and encourage the preservation of views of open land.
B. 
Allow specific parcels of land to be developed more efficiently and economically, and with greater environmental sensitivity, than is possible under standard lot-by-lot zoning.
C. 
Preserve natural features such as tree masses, stream valleys, woodlands, scenic vistas, and other natural features that are appropriate for park, recreation, and/or other open space purposes.
D. 
Preserve and enhance the character and integrity of historically-and architecturally-significant structures and their settings.
E. 
Enable the creation and maintenance of open space in order to accomplish the above stated objectives.
F. 
Allow for a reasonable amount of development while providing maximum design and planning flexibility in order to accomplish the above stated objectives.
2. 
Eligibility/Prerequisites for Cluster Development. Development may be undertaken under the provisions of this section on sites meeting the following criteria:
A. 
Tract Location. The land shall be located in the R Residential District.
B. 
Tract Size. Minimum tract sizes shall be subject to the underlying district designations and according to the schedule outlined in § 27-503, Subsection 2.
C. 
Open Space Provision/Suitability. At least 20% of the gross area of the tract must be suitable for use as open space, in conformance with the standards of § 27-501, and shall be permanently reserved for open space uses.
D. 
Sewer and Water Facilities. All cluster development shall be served by central water facilities and public sanitary sewers or other centralized facilities acceptable to the Board of Supervisors and subject to the approval of the Pennsylvania Department of Environmental Protection or its successor agency and the appropriate servicing authority.
E. 
Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.
F. 
Development Plan. The application for development shall be accompanied by a plan, or plans, showing the detailed use of the entire tract. The plan shall clearly designate the proposed use(s) and building and facility locations of each area of the tract.
G. 
Development Stages and Permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into the agreement embodying all details regarding compliance with this section to assure the binding nature thereof for the overall tract and its development. The agreement shall be recorded with the final development plan.
H. 
Subdivision of Tract. The subdivision of the tract into lots may occur only for financial purposes and not so as to permit individual lots to be treated as independent parcels for separate land development at a future time. Subdivision of the tract may occur only when deed restrictions are executed and recorded that maintain the lots as an integral part of the total tract land development.
3. 
Use Regulations. A building may be erected, altered, or used and a lot may be used or occupied for any of the following purposes, and no other:
A. 
Residential dwellings, according to the schedule outlined in § 27-503, Subsection 2.
B. 
Open space and recreation areas, including indoor recreation facilities, community facilities or similar uses, provided they are intended for the prospective residents of the development or in public not-for-profit neighborhood or municipal facilities.
C. 
Accessory uses normally allowed in a residential district and permitted in the R Residential District.
D. 
Uses authorized by special exception in the R Residential District.
4. 
Density Regulations. The total number of dwelling units per developable acre shall not exceed the maximums indicated in the schedule outlined in § 27-503, Subsection 2. The maximum density for a tract of land determined by this method shall supersede any lot area regulations that may allow greater densities.
5. 
Development Standards. Development shall occur in conformance with standards as outlined in § 27-503, Subsection 2.
6. 
Historic Resources. In a development undertaken under the provisions for cluster development, the maximum permitted tract density may be increased by 10% above the respective district maximum density per developable acre for cluster development, as outlined in § 27-503, Subsection 2, where the tract of land for development contains a Township Historic Resource to be preserved as part of the development plan.

§ 27-507 Home Day Care.

[Ord. 11/25/2003, § 506]
1. 
Operations. Home day care for no more than six children (excluding children living in the home and related to the care-giver by blood, marriage, or legal adoption), located only in a single-family detached dwelling in which the care-giver resides, shall be considered a home occupation, when authorized as a special exception and subject to the following additional requirements:
A. 
The care-giver shall be registered or licensed by the Commonwealth of Pennsylvania to provide child-care services in the dwelling.
B. 
The care-giver shall register yearly with the Township and pay an annual registration fee in accordance with a Fee Schedule adopted by resolution of the Board of Supervisors as shall be determined from time to time by the Board of Supervisors.
C. 
There shall be no structural change to the exterior of the single-family detached dwelling to accommodate the day care use.
D. 
There shall be a minimum of 40 square feet of floor space per child, inclusive of space occupied by furniture and equipment but exclusive of closets, halls, bathrooms, kitchens, and related areas, which shall be on the first floor of the single-family detached dwelling.
E. 
A minimum of 100 square feet of outdoor space per child shall be available on the same lot.
F. 
A driveway shall be provided to allow off-street pickup and drop-off of children.
G. 
No home day care use shall be permitted within 750 feet of any other home day-care use.

§ 27-508 Home Occupations.

[Ord. 11/25/2003, § 507]
1. 
Standards Applicable to Professional Services Home Occupations and General Home Occupations. All home occupation uses are subject to the following conditions:
A. 
Off-street parking shall be provided in accordance with Part 13.
B. 
Persons engaged in the use shall comply with Township mercantile, occupational privilege, and business privilege tax regulations.
C. 
No goods shall be publicly displayed.
D. 
No vehicles bearing exterior identification or signs related to the use shall be maintained on the premises or adjacent streets.
E. 
No oversized vehicles shall be associated with the use.
F. 
No sales of goods shall be made from the premises.
G. 
The use shall not produce high levels of vehicular traffic, nor noise, odors, air pollution, or glare.
H. 
The residential character of the premises and the neighborhood shall be maintained.
2. 
Additional Standards Applicable to Professional Services Home Occupations. Customary professional services such as, but not limited to, doctors, lawyers, dentists, engineers, architects, and accountants are permitted home occupations, subject to the following conditions:
A. 
The use shall be carried on entirely within a single-family detached dwelling and only one such professional use shall be permitted in a single-family detached dwelling.
B. 
A maximum of one person not a permanent resident of the dwelling unit may be employed in the use.
C. 
No more than 25% of the gross floor area of the dwelling may be used for the use.
D. 
The use shall not alter or change the exterior character or appearance of the dwelling, except for signs as permitted by Part 14.
3. 
Additional Standards Applicable to General Home Occupations. Home occupations not qualifying as professional services are permitted subject to the following conditions:
A. 
The use shall be carried on entirely within a dwelling unit or a building accessory thereto.
B. 
The use shall be carried on only by permanent residents of the dwelling unit.
C. 
No more than 15% of the gross floor area of the dwelling unit may be used for the use.
D. 
The use shall not alter or change the exterior character or appearance of the dwelling unit.
E. 
No signs shall be erected.
F. 
Not more than one customer or client shall be on the premises at any one time and no more than two customers or clients shall come to the premises in any twenty-four-hour period.
4. 
No-impact Home-based Businesses. No-impact home-based businesses are permitted by right in all residential districts and in dwellings in all mixed-use districts.