East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE VII
R-3 Residential District
[Amended 11-15-2000; 6-15-2001; 9-19-2001]
§ 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.
[Amended 12-30-2004 by Ord. No. 04-22; 10-19-2005 by Ord. No. 4-2005; 7-16-2014 by Ord. No. 02-2014; 6-21-2018 by Ord. No. 01-2018; 11-29-2018 by Ord. No. 05-2018; 10-3-2019 by Ord. No. 07-2019; 8-7-2025 by Ord. No. 01-2025; 4-16-2026 by Ord. No. 02-2026]
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:
(1)
Agriculture, in accordance with the terms of §§ 399-85 and 399-97.
(2)
Clustered residential development, in accordance with the terms of § 399-37.
(3)
Single-family detached dwelling.
(4)
No-impact home occupation, in accordance with the terms of § 399-93.
(5)
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses, including but not limited to those uses described in § 399-92.
(6)
Forestry, in accordance with the standards in Chapter 165.
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:
(1)
Religious use.
(2)
Conversion of a single-family dwelling, subject to the provisions of § 399-96.
(3)
Accessory dwelling, in accordance with the terms of § 399-91.
(4)
Bed-and-breakfast facility, in accordance with the terms of § 399-95.
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.
(2)
Continuing care facility, in accordance with § 399-102.4.
(3)
Age-qualified residential community when located in the Age-Qualified Residential Community Overlay District in accordance with the terms of § 399-102.6.
(4)
School.
§ 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.
A.
Minimum lot area.
(1)
Gross: One acre.
(2)
Net: 35,000 square feet.
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]
F.
Maximum height. Except as provided in § 399-73 of this chapter, no building or other structure erected in the R-3 District shall exceed a height of three stories or 35 feet, whichever is less.
§ 399-35 Design standards.
A.
The following design standards of this chapter shall be applicable to any use within the R-3 District:
(1)
Parking: as required by Article XV.
(2)
Signs: as required by Article XVI.
(3)
Lighting: as required by § 399-83.
(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.
B.
In addition to the requirements of Subsection A above, the following design standards shall, as applicable, govern those uses permitted under § 399-33A(2) and (4) and B(1) and (2):
(1)
Access and traffic control: as required by § 399-81.
(2)
Landscaping and site design: as required by § 399-78.
(3)
Screening and buffering: as required by § 399-79.
(4)
Storage: as required by § 399-80.
(5)
Interior circulation: as required by § 399-82.
(6)
Loading: as required by Article XV.
C.
The design standards of § 399-36B shall apply to any property utilizing the TND-2 Overlay District provisions.
[Added 7-16-2014 by Ord. No. 02-2014]
§ 399-36 Standards and criteria for conditional uses.
[Amended 7-16-2014 by Ord. No. 02-2014; 8-19-2015 by Ord. No. 06-2015; 12-3-2015 by Ord. No. 11-2015; 2-16-2023 by Ord. No. 02-2023; 11-21-2024 by Ord. No. 08-2024; 4-16-2026 by Ord. No. 02-2026]
A.
Home occupations. Any home occupation permitted as a conditional use under the terms of § 399-93D shall comply with the requirements of § 399-93E.
§ 399-37 Regulations for clustered residential development.
[Amended 3-6-2008 by Ord. No. 03-2008; 3-4-2010 by Ord. No. 02-2010; 4-16-2026 by Ord. No. 02-2026]
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.
(1)
The following residential uses, individually or in combination, are permitted by right in a clustered residential development:
(a)
Single-family detached dwellings.
(b)
Two-family dwellings.
(c)
Multifamily dwellings.
(2)
The following nonresidential uses, when secondary and/or supplemental to the residential uses permitted under Subsection A(1) above, shall be permitted by right:
(a)
Day-care facility.
(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)
Retail.
(b)
Restaurant, subject to the provisions of § 399-102.8.
(c)
Office.
(d)
Other uses of the same general character as uses permitted by conditional use.
B.
Minimum gross tract area.
(1)
Residential use only: 10 acres.
(2)
Development that includes permitted nonresidential use: 20 acres.
C.
Maximum density of residential use:
(1)
Single-family detached dwellings: Two dwelling units per acre of net tract area.
(2)
Two-family dwellings: Three dwelling units per acre of net tract area.
(3)
Townhouses: Four dwelling units per acre of net tract area.
(4)
Apartments: Four dwelling units per acre of net tract area.
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.
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.
(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.
(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):
[1]
Front yard: 20 feet.
[2]
Side yard (end units): 20 feet.
[3]
Rear yard: 35 feet.
(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.
(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:
(a)
Minimum net lot area: 20,000 square feet.
(b)
Minimum lot width: 90 feet.
(c)
Minimum front yard: 15 feet.
(d)
Minimum side yards: 25 feet each.
(e)
Minimum rear yard: 50 feet.
(f)
Maximum impervious surface: 50% of the net lot area.
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:
(a)
The standards of this article;
(b)
The regulations of the East Brandywine Township Municipal Authority; and
(c)
The requirements of § 350-48 of Chapter 350, Subdivision and Land Development.
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.
