East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE VII
R-3 Residential District
§ 399-32 Statement of intent.
[Amended 7-16-2014 by Ord. No. 02-2014]
A.
The principal purpose of the R-3 Residential District is to assure sufficient opportunities for a variety of housing types and densities in the areas for which the Township has planned to accommodate those uses. The district provides for relatively concentrated single-family detached dwellings, under conventional lot-by-lot and clustered design; it also permits two-family and multifamily dwellings under the cluster development option. The locations zoned R-3 reflect Township land use and community facilities policy regarding proper areas for relatively high-intensity development in East Brandywine, based in part on suitability of roads, the existing or planned availability of public water and community sewage service, and proximity to the Guthriesville Village core area. The district also is intended to support and implement the policies of Landscapes2, the Chester County Comprehensive Policy Plan.
B.
Development or redevelopment of this area for residential uses is an important element in the overall mix of housing stock and housing opportunities in East Brandywine Township.
C.
A portion of the R-3 Residential District adjoining the TND-1 Traditional Neighborhood Development District is provided with the option to utilize the terms of the TND-2 Overlay District regulations. The intent is to complement the potential development, both residential and nonresidential, in the Guthriesville Village core area and create appropriate transition to the surrounding residential districts.
§ 399-33 Use regulations.
A.
Uses permitted by right. A building or other structure may be erected, altered, or used, and a lot may be used or occupied, for any of the following purposes, and no other:
(3)
Single-family detached dwelling.
(4)
Electric substation or other public utility, provided that there shall be no exterior storage of equipment or bulk storage of liquid or gaseous fuels. For purposes of this subsection, "public utility" shall not include any person or entity furnishing mobile domestic cellular radio communications or other wireless service.
(5)
School bus stop or similar public transportation facility, including shelter for passengers, provided that suitable arrangements are made for maintenance of such shelter, and provided further that no commercial advertising signs are affixed to the outside of such shelter.
(6)
No-impact home occupation, in accordance with the terms of § 399-93.
[Amended 11-29-2018 by Ord. No. 05-2018]
B.
Uses permitted by special exception. Any of the following uses shall be permitted when approved as a special exception by the Zoning Hearing Board, in accordance with the terms of this article and the standards and criteria contained in § 399-145 of this chapter:
C.
Uses permitted as conditional uses. The following uses shall be permitted when approved as a conditional use by the Board of Supervisors in accordance with the terms of this article and § 399-137:
(1)
Major home occupation, in accordance with the terms of § 399-93.
[Amended 7-16-2014 by Ord. No. 02-2014; 11-29-2018 by Ord. No. 05-2018]
(2)
Continuing care development, skilled care or nursing care facility, or assisted-care facility, in accordance with § 399-102.4, provided that no correctional or penal institution or asylum for the insane shall be permitted.
[Added 10-19-2005 by Ord. No. 4-2005]
(3)
Traditional neighborhood development in accordance with the TND-2 Overlay District terms in § 399-36B.
[Added 7-16-2014 by Ord. No. 02-2014]
(4)
Age-qualified residential community in accordance with the terms of § 399-102.6.
[Added 6-21-2018 by Ord. No. 01-2018]
(5)
School.
[Added 10-3-2019 by Ord. No. 07-2019]
§ 399-34 Area and bulk regulations.
[Amended 3-20-2002; 1-3-2011 by Ord. No. 02-2011; 7-16-2014 by Ord. No. 02-2014]
Except where the terms of the TND-2 Overlay District are utilized, the following regulations shall apply in the R-3 District to those uses permitted under § 399-33A(3) and (4) and B(1) and (2). Traditional neighborhood development (TND-2) shall comply with the terms of § 399-36B.
B.
Minimum lot width. Each such lot shall have a width of not less than 150 feet, measured at the building setback line.
C.
Minimum front yard. No building shall be situated less than 50 feet from the front lot line.
D.
Minimum side and rear yards.
(1)
On each lot, other than a corner lot, there shall be two side yards having an aggregate width of not less than 60 feet, with neither side yard having a width of less than 20 feet. A corner lot, as defined by this chapter, shall have one or more side yards, each of which shall be not less than 30 feet.
(2)
No principal building shall be situated less than 30 feet from any rear lot line.
(3)
Any accessory use structure may be located within a side or rear yard only in accordance with § 399-75 of this chapter or, with respect to the sheltering of animals, in accordance with § 399-85D(2).
E.
Maximum impervious surface. Not more than 20% of the net area of any lot may be covered in impervious surfaces.
[Amended 8-18-2022 by Ord. No. 02-2022]
§ 399-35 Design standards.
A.
The following design standards of this chapter shall be applicable to any use within the R-3 District:
(4)
Erosion/sedimentation control and stormwater management, as required by Chapter 345, Stormwater Management.
[Amended 2-18-2015 by Ord. No. 01-2015]
(5)
The applicant for a permitted use of land in the R-3 District shall demonstrate, to the reasonable satisfaction of the Township, the availability of a reliable, safe and adequate water supply, and that there will be no adverse impact on any existing or future water supply.
§ 399-36 Standards and criteria for conditional uses.
B.
TND-2 Traditional Neighborhood Development Overlay District. Eligibility for use of the Traditional Neighborhood Development (TND-2) terms shall be deemed an overlay on the affected tracts, as designated on the Development Strategy Plan, dated June 27, 2013, which is contained in Appendix A of this chapter, which is incorporated herein by reference and made a part hereof.[1] The TND-2 Overlay District offers additional development opportunities beyond those of the underlying R-3 District. To utilize this overlay opportunity, a tract must satisfy the standards and criteria of this section and the requirements for a conditional use established by this chapter.
[Added 7-16-2014 by Ord. No. 02-2014]
(1)
Statement of intent. The intent of this section is to provide regulations and written and graphic design guidelines to:
(b)
Provide, through adherence to the amended Manual of Written and Graphic Design Guidelines, assistance to applicants in the preparation of proposals for traditional neighborhood development in accordance with § 708-A of the Pennsylvania Municipalities Planning Code.[3]
[Amended 12-3-2015 by Ord. No. 11-2015]
[3]
Editor's Note: See 53 P.S. § 10708-A. Said manual is included as an attachment to this chapter in Appendix B.
(c)
Complement and improve the vitality, economic strength, and appearance of the Guthriesville Village core area as a means of implementing the Comprehensive Plan.
(d)
Place buildings to help form a streetscape.
(e)
Provide street walls to form the traditional neighborhood character.
(f)
Provide for off-street parking at the rear or side of buildings.
(2)
Written and graphic design guidelines.
(a)
All new infill development and redevelopment within the Traditional Neighborhood Development (TND-2) Overlay District shall be consistent with the amended Manual of Written and Graphic Design Guidelines in Appendix B of this chapter, which Appendix B is incorporated by reference and made a part hereof.[4]
[Amended 12-3-2015 by Ord. No. 11-2015]
[4]
Editor’s Note: Appendix B is included as an attachment to this chapter.
(b)
All applicants for infill development and redevelopment shall utilize Appendix B and shall prepare and submit their own specific manual with details on their particular project.
(3)
Use regulations. Any use proposed as part of a TND-2 development shall require approval as a conditional use in accordance with the terms of this chapter. Such uses may include:
(4)
Area and bulk regulations.
(a)
For any use permitted under the terms of § 399-36B(3)(a) or (b), above, the area and bulk regulations in § 399-40 shall apply, except that no building or other structure erected, altered, or enlarged shall exceed a height of three stories or 35 feet, whichever is less.
(c)
For multifamily dwellings, the following standards shall apply:
[1]
The maximum gross density shall be seven dwelling units per acre.
[2]
Any apartment unit above a ground floor/first floor nonresidential use shall have a minimum floor area of 800 square feet.
[4]
Minimum width of single-family attached unit: 18 feet.
[5]
Minimum front yard/build-to line. There shall be a front yard on each tract or lot which shall be not less than five feet in depth and shall be not more than 12 feet in depth, depending on whether there is only a sidewalk 4.5 feet wide or a sidewalk 10 feet to 12 feet wide, as per the Sidewalks and Crosswalks section and the Typical Section for Accessways, respectively, in the amended Guthriesville Village Manual of Written and Graphic Design Guidelines.[5]
[Amended 8-19-2015 by Ord. No. 06-2015; 12-3-2015 by Ord. No. 11-2015]
[5]
Editor's Note: See Appendix B, which is included as an attachment to this chapter.
[6]
Minimum side yard (single-family attached end units): 10 feet.
[7]
Minimum rear yard: 35 feet.
[8]
Building separation distances shall be a minimum of 30 feet to allow for adequate access by emergency service vehicles.
[9]
Setback of a principal building from any tract boundary shall be a minimum of 10 feet.
[10]
No building or other structure erected, altered, or enlarged shall exceed a height of three stories or 35 feet, whichever is less.
(5)
Design standards.
(b)
All applications for infill development or redevelopment shall be accompanied by a written report indicating compliance with Appendix B and the requirements of this section.[6]
[6]
Editor’s Note: Appendix B is included as an attachment to this chapter.
(c)
A public realm plan, as prescribed in § 399-42L of this chapter, shall be provided with all conditional use applications to depict all existing and proposed sidewalks and crosswalks, street trees, streetlights, pedestrian gathering areas, pedestrian amenities, and other landscape and hardscape areas.
(d)
A minimum of 1.5 off-street parking spaces shall be provided for each multifamily dwelling unit created in the TND-2 District. Where the calculation of parking spaces yields a total with a half space, the total number of required spaces shall be increased by rounding up to the next full number.
(e)
Where on-street parallel parking is proposed, such spaces shall be nine feet in width and 25 feet in length.
[Amended 2-16-2023 by Ord. No. 02-2023]
(f)
On-street parking may be credited to the parking requirements of Subsection B(5)(d), above, for those parking spaces along the frontage of a lot.
(g)
All on-street parking shall be subject to approval by the Township and PennDOT, as applicable.
(h)
It is not required that common open space be provided as part of the development or redevelopment of properties in the TND-2 District. Where common open space is provided, however, it shall comprise an area representing not less than 20% of the gross tract or lot area. The use, design, maintenance, and ownership of any common open space areas shall be in accordance with the applicable standards contained in § 399-58C(5)(c) through (j) of this chapter. In addition to the uses provided in § 399-58C(5)(f), common open space may be used as a village green, consistent with the amended Manual of Written and Graphic Design Guidelines.[7]
[Amended 12-3-2015 by Ord. No. 11-2015]
[7]
Editor's Note: Said manual is included as an attachment to this chapter in Appendix B.
[1]
Editor’s Note: Appendix A is included as an attachment to this chapter.
§ 399-37 Regulations for clustered residential development.
The following regulations shall apply in the R-3 District to any clustered residential development permitted under the terms of § 399-33A(2):
A.
Permitted uses.
(3)
The following uses shall be permitted when approved as conditional uses by the Board of Supervisors under the terms of this article and § 399-137 of this chapter:
(a)
Neighborhood commercial uses, including retail, personal service, restaurant (exclusive of any fast-food or drive-in service restaurant), professional office, or other use deemed comparable by the Board, but specifically not including convenience stores.
[Amended 3-6-2008 by Ord. No. 03-2008]
C.
Maximum density of residential use:
D.
Maximum intensity of nonresidential use. A maximum of 5% of the net tract area of a tract proposed for clustered residential development may be used for one or more of the nonresidential uses permitted in § 399-37A(2) or (3). The maximum floor area ratio for such uses shall be 0.33, unless an alternative amount of floor area is specifically approved by the Board.
[Amended 3-6-2008 by Ord. No. 03-2008]
E.
Area and bulk regulations for residential uses:
(1)
Single-family detached dwellings.
(a)
Minimum net lot area: 10,000 square feet.
(b)
Minimum lot width: 70 feet, at the building setback line.
(c)
Minimum front yard: 20 feet.
(d)
Minimum side yards: 30 feet aggregate, with neither less than five feet; dwellings shall not be separated by less than 30 feet.
(e)
Minimum rear yard: 35 feet.
(f)
Maximum impervious surface: 45% of the net lot area.
(g)
Minimum amount of common open space: 35% of the net tract area, together with 100% of the area containing or contained within any primary conservation area, as defined by this chapter.
[Amended 3-4-2010 by Ord. No. 02-2010]
(2)
Two-family dwellings.
(a)
Minimum net lot area: 7,500 square feet per dwelling unit.
(b)
Minimum lot width: 50 feet per dwelling unit, measured at the building setback line.
(c)
Minimum front yard: 20 feet.
(d)
Minimum side yards: 15 feet per dwelling unit.
(e)
Minimum rear yard: 35 feet.
(f)
Maximum impervious surface: 45% of the net lot area.
(g)
Minimum amount of common open space: 35% of the net tract area, together with 100% of the area containing or contained within any primary conservation area, as defined by this chapter.
[Amended 3-4-2010 by Ord. No. 02-2010]
(3)
Townhouse dwellings:
(a)
Minimum net lot area (or equivalent area for non-fee simple units): 3,200 square feet per dwelling unit.
(b)
Minimum width of unit: 20 feet.
(c)
Minimum yard dimensions (for fee-simple units; comparable building placement shall be achieved for condominium or rental units, and compliance with the building setback and separation standards of this section shall be required for all structures):
(d)
Minimum distance between townhouse structures: 40 feet.
(e)
Minimum setback from any tract boundary: 50 feet.
(f)
Maximum length of any structure: 150 feet.
(g)
Maximum impervious surface: 35% of the net tract area.
(h)
Minimum amount of common open space: 50% of the net tract area, together with 100% of the area containing or contained within any primary conservation area, as defined by this chapter.
[Amended 3-4-2010 by Ord. No. 02-2010]
(4)
Apartment dwellings.
(a)
Minimum setback from any tract boundary: 50 feet.
(b)
Minimum distance between apartment structures: 40 feet.
(c)
Maximum length of any structure: 150 feet.
(d)
Maximum impervious surface: 35% of the net tract area.
(e)
Minimum amount of common open space: 60% of the net tract area, together with 100% of the area containing or contained within any primary conservation area, as defined by this chapter.
F.
Area and bulk regulations for nonresidential uses.
(1)
Nonresidential uses may be incorporated within a portion of a multifamily building upon approval of the Board and when in compliance with all applicable standards of this chapter.
(2)
Where a nonresidential use is proposed to be located in a freestanding building, the following area and bulk regulations shall apply:
G.
Maximum building height: Except as provided in § 399-73 of this chapter, no building or other structure within a clustered residential development shall exceed a height of three stories or 35 feet, whichever is less.
H.
Where the site contains a Class I or Class II historic structure, such structure shall be retained and incorporated into the proposed use and design of the site, unless the applicant demonstrates to the satisfaction of the Board that this requirement is infeasible due to the condition and/or location of the structure. Any proposal to demolish such a structure shall comply with the requirements in Article XII.
I.
Use, design, ownership, and maintenance of common open space: The standards for common open space in § 399-58C(5) of this chapter shall be applicable to clustered residential development in the R-3 District.
J.
Requirements for wastewater facilities and water supply system.
(1)
Any property proposed for use as a clustered residential development in the R-3 District shall be served by a community sewage facilities system, as defined by this chapter. The plans for such system shall be consistent with the East Brandywine Township Sewage Facilities (Act 537) Plan and shall demonstrate compliance with all applicable regulations of the East Brandywine Township Municipal Authority, the Chester County Health Department, and the Pennsylvania Department of Environmental Protection, and with the requirements of § 350-47 of Chapter 350, Subdivision and Land Development.
(2)
Any property proposed for use as a clustered residential development in the R-3 District shall be served by a public water supply system, as defined by this chapter. Plans for the system must demonstrate adequate supply for the proposed use, and must comply with:
K.
A pedestrian and bikeway network shall be provided throughout the clustered residential development. It may include a combination of sidewalks, pathways, and trails that provide reasonable access to residential and nonresidential uses, open space, or other destinations within the tract, as well as by connection to a broader Township pedestrian and/or bikeway system.
L.
Standards and criteria for conditional uses. In evaluating and deciding upon any application for conditional use approval for a nonresidential use, as provided in Subsection A(3), the Board shall determine the degree of compliance with the standards in § 399-137D of this chapter. In addition, the Board shall weigh the degree to which the applicant has addressed the following:
(1)
Limiting undesirable and potentially deleterious off-site impacts, particularly in relation to excessive traffic generation and vehicular turning movements;
(2)
Extent to which the proposed use will be compatible with the principal residential use of the tract and will constitute an appropriate component of the mixed-use nature of the tract by meeting anticipated needs of the residents.
(3)
Location on the tract that maximizes direct access to Route 322, consistent with appropriate access management standards.
(4)
Where applicable, the proposal presents an opportunity to adaptively reuse an historic building on the site, consistent with review and approval process required by Article XII of this chapter.
(5)
Architectural character of the proposed nonresidential use displays general compatibility with the surrounding neighborhood, both existing and proposed.[1]
[1]
Editor's Note: Original Art. VIII, Planned Residential Development, as amended 6-15-1999, 11-15-2000 and 2-21-2001, which immediately followed this article, was repealed 6-15-2001, which ordinance was readopted 9-19-2001. See now §§ 399-25, 399-31 and 399-37, regarding regulations for clustered residential development.