Edgmont Township, PA Zoning Ordinance

§ 365-40 Purpose.

The R-5 District is designed to provide a residential living environment and care facilities for older adults with a view toward: creating provisions for sustenance, housing, physical, spiritual, cultural, social and medical needs; allowing structures to provide such care for residents as well as for operation and maintenance of the residential living units; allowing structures to provide medical services for residences in the form of an infirmary for the temporary care of such residents and the treatment of their medical problems and; allowing structures to provide skilled nursing facilities for both permanent and temporary care. However, it is not intended that a hospital would be permitted as a part of the development of this District.

§ 365-41 Use regulations.

A building(s) may be erected, altered or used, and land may be used, subject to the provisions of Article XVIII and Article XIX, for any one of the following uses and no other:

Permitted principal uses.

(1)

Housing for the elderly.

(2)

Municipal Use.

(3)

Personal care facility.

(4)

Assisted living facility.

(5)

Long-term care facility.

(6)

Retirement residence.

(7)

Life care facility.

(8)

Continuing care retirement community.

(9)

Skilled nursing facility.

(10)

Nursing Home.

(11)

Any of the Permitted Principal Uses set forth in Article IV, § 365-12A, provided that such uses may not be used in conjunction with or on the same lot as any other principal use under § 365-41, and further provided that such uses shall be subject to the bulk, area and other regulations of Article IV, notwithstanding anything in §§ 365-42, 365-43, 365-44, and 365-45 to the contrary.

Permitted accessory uses.

(1)

Accessory uses on the same lot and customarily incidental to the principal uses permitted in § 365-41A, subject to the provisions of Article XXII.

(2)

The following uses shall be permitted as accessory to any of the uses in § 365-41A(4) through (10), when located on the same lot, intended to serve the residents of the principal permitted use and their guests, and limited to no more than 2% of the total building area:

(a)

Gift shops.

(b)

Personal services such as barber shops or beauty salon.

(c)

Automated teller machine.

(d)

Cafeteria.

(e)

Community center.

(f)

Library.

(g)

Temporary lodging for visitors of residents of a principal permitted use under § 365-41A(1), (3), (4), (5), (7) and (8), and provided that such temporary lodging does not exceed 14 consecutive calendar days, except in the event of exigent circumstances as reasonably determined by the facility administrator.

(3)

Uses accessory to and used only in connection with the Permitted Principal Uses of § 365-41A(11), as set forth in Article IV, § 365-12B, and subject to the provisions of Article XXII.

Uses by special exception. (Refer to Articles XXXII and XXXIII.):

(1)

Religious use.

(2)

Private club or lodge.

(3)

The uses permitted by special exception as set forth in Article IV, § 365-12D, provided that such uses may not be used in conjunction with or on the same lot as any other principal use under § 365-41, and further provided that such uses shall be subject to the bulk, area and other regulations of Article IV, notwithstanding anything in §§ 365-42, 365-43, 365-44 and 365-45 to the contrary.

Uses by conditional use. (Refer to Article XXXII, § 365-191.):

(1)

The uses permitted by conditional use as set forth in Article IV, § 365-12C and D; provided that such uses may not be used in conjunction with or on the same lot as any other principal use under § 365-41, and further provided that such uses shall be subject to the bulk, area and other regulations of Article IV, (notwithstanding anything in §§ 365-42, 365-43, 365-44 and 365-45 to the contrary) and otherwise subject to Article XXXII, § 365-191.

(2)

Older adult daily living center when located on the same lot as a principal permitted use set forth in Subsection A(4) through (10) and intended to serve, on a nonexclusive basis, the residents of such use. The older adult daily living center is permitted as a conditional use when the applicable conditions in Article XXXII (Conditional Uses) and all of the following conditions are met:

[Added 2-12-2020 by Ord. No. 242]

(a)

On-site medical diagnosis or treatment, or similar health care of clients (excluding emergency or urgent medical care or treatment) shall not be permitted.

(b)

A certificate of occupancy shall be required for every change of operator of the older adult daily living center in accordance with § 365-180 of the Edgmont Township Zoning chapter.

(c)

The premises in which older adult daily living services are provided must comply with the Edgmont Township Building Code.[1]

[1]

Editor's Note: See Ch. 150, Construction Codes, Art. I, Adoption of Standards.

(d)

The operator providing older adult daily living services must be licensed by the Commonwealth of Pennsylvania to operate an older adult daily living center.

§ 365-42 Height regulations.

The maximum heights of buildings and other structures shall be 35 feet. An additional nine feet for a non-inhabited additional structure may be added, provided the location of such a structure is a minimum of 15 feet measured horizontally from any vertical perimeter wall of a building. No building used for residential purposes shall exceed two stories.

§ 365-43 Area and bulk regulations.

Principal permitted uses.

(1)

Tract area. The following tract areas shall be provided for any use permitted in § 365-41A:

(a)

Not less than 60 acres for any retirement residence, life care facility or continuing care retirement community.

(b)

Not less than 30 acres for housing for the elderly, personal care facility, assisted living facility, intermediate care facility, or long-term care facility, skilled nursing facility, or nursing home.

(2)

Maximum density. A gross density of not more than 3.5 residential living units per acre shall be maintained for any use permitted in § 365-41A except single-family detached dwellings permitted in accordance with § 365-41A(11). For the purpose of this section, each bed within any health care facility shall be deemed to be 1/2 unit.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(3)

Lot width at the street line. A lot width of not less than 150 feet at the street line shall be provided.

(4)

Lot width at the building line. A lot width of not less than 150 feet at the building line shall be provided.

(5)

Impervious surface and building coverage. Not more than 40% of the lot shall be covered by impervious surfaces and not more than 20% of the total area of any lot shall be occupied by buildings. Twenty-five percent of the lot shall be dedicated to open space. Open space shall include, but not be limited to, the area of all noncontiguous or separated parcel(s) or lot(s) which are less than the required minimum tract area set forth in § 365-43A.

(6)

The building setback from the street shall not be less than the following:

(a)

One hundred thirty feet from the street line of a public street to any two-story building and 105 feet from the street line of a public street to any single-story building.

(b)

Twenty feet from the curbline of a private street; provided, however, that porticos for convenience of drivers and passengers of vehicles shall be permitted at entrances, exits and loading facilities of buildings available for use by all residents.

(7)

Setbacks for accessory use structures. No accessory use structure shall be located within 25 feet of any side or rear property line, except:

(a)

Driveways to off-street parking areas shall not be less than 20 feet from any building.

(b)

Off-street parking areas shall not be less than 20 feet from any building.

(c)

Driveways, which shall not be located closer than 15 feet from such property line.

(d)

Fencing or landscaping, which define property lines or serve as required continuous visual buffer, or landscaped planting strip.

(e)

Approved common driveways which may straddle property lines.

(f)

Structures for which no other viable location exists as approved by the Board of Supervisors.

Uses by special exception. The area and bulk regulations for uses by special exception shall be as follows:

(1)

For Cultural or Religious Uses, the following shall apply:

(a)

Minimum lot area: seven acres.

(b)

Minimum lot width at building line: 300 feet.

(c)

Minimum lot width at street line: 150 feet.

(d)

Maximum building coverage: 20%.

(e)

Maximum impervious surface coverage: 40%.

(f)

Minimum front and rear yards: 150 feet.

(g)

Minimum width of side yards: 100 feet.

If the subject tract area proposed for development is comprised of a site, parcel or multiple lots, with some part of said site, parcel or lots separated by a public road or street, there shall be at least one contiguous and unseparated site, parcel or lot which satisfies the minimum tract requirements of § 365-43A. In addition, the area of any noncontiguous or separated parcel(s) or lot(s) which is less than the required minimum tract area shall be designed as open space, subject to the applicable provisions of Article XXXI of this chapter.

§ 365-44 Design standards.

In addition to the design standards contained in Chapter 305, Subdivision and Land Development, the following shall apply:

General design standards.

(1)

All land and buildings erected in this District shall be under one ownership and management responsible to the person who owns the land and buildings, but separate units may be sold or leased to life tenants who are in residence.

(2)

The overall plan shall be laid out as part of a single architectural and landscaping scheme having the following characteristics:

(a)

An efficient and visually coherent arrangement of structures and improvements;

(b)

A proper relationship to the size and shape of the tract developed and the adjacent land uses;

(c)

A proper relationship to the natural setting of the tract: the topography, vegetative cover and water resources;

(d)

An efficient layout of pedestrian and motor vehicle ways to provide for the occupants' safety and convenience in routine access and internal circulation activities and for efficient performance of such auxiliary operations as refuse collection, snow removal, repairs and deliveries and firefighting.

(3)

The building setback from adjacent property lines shall be 65 feet. The parking areas in the parking lots shall be set back from adjacent property lines by 50 feet.

(4)

A stormwater management system shall be designed and erected subject to the approval of the Board of Supervisors:

(a)

To ensure that excessive amounts of stormwater shall not drain onto adjacent properties. Stormwater management shall be in accordance with Chapter 305, Subdivision and Land Development.

(b)

To minimize erosion and flooding by the use of catchment basins and soil traps.

(5)

All utilities, including water, electricity, gas, telephone, etc., shall be installed and maintained underground and shall be in accordance with approved standards of construction.

(6)

Community or public water supply or sewage disposal systems shall be required for any development.

(7)

Non-glare outdoor lighting shall be provided for all buildings and private streets and parking areas so as to provide sufficient light in the area for safety of the occupants without causing a nuisance or hazard. The outdoor lighting shall be kept in service during all hours of darkness. All such lighting shall be arranged so as to direct light downward and away from adjoining property, so as to preclude any trespass glare.

(8)

Laundry facilities shall be provided entirely within the buildings, and no outdoor drying will be permitted.

(9)

Refuse shall be stored in closed containers. Rubbish and garbage disposal, extermination, maintenance of buildings, grounds and streets, and snow removal shall be accomplished by the owner or owners.

Landscaping.

(1)

Landscaping shall be in accordance with the standards for same as required in Article XXII and in accordance with Chapter 305, Subdivision and Land Development.

(2)

Landscaping shall be in accordance with a landscape plan and planting schedule prepared by a landscape architect and approved by the Board of Supervisors, and shall be completed prior to the initial occupancy of each phase of development.

Circulation and traffic.

(1)

Traffic signals and signs, acceleration and deceleration lanes, and traffic islands, curbing, striping and the like shall be designed, built and maintained in accordance with the requirements of the PA DOT, the Township Engineer, and Chapter 305, Subdivision and Land Development.

(2)

Vehicular circulation systems shall be designed, built and maintained to minimize any conflict with pedestrian circulation. All crosswalks shall be located and striped to promote safe and convenient crossings of streets and access drives.

(3)

All requirements for traffic controls set forth in Chapter 305, Subdivision and Land Development, shall apply.

Off-street parking and loading.

(1)

All off-street parking and loading standards in Chapter 305, Subdivision and Land Development, and in Article XX of this chapter shall apply. The following numbers of spaces shall be provided for uses in the R-5 District:

(a)

For single-family detached dwellings: two spaces.

(b)

For assisted living facility, personal care facility, housing for the elderly, or nursing home: 1.5 spaces per bed or residential unit.

(c)

For all uses not identified in Article XX: one space per bed or residential unit.

(2)

Parking spaces shall not be less than nine feet in width and 20 feet in depth; except that 5% shall not be less than 12 feet in width and 20 feet in depth and shall be reserved for the handicapped and so marked with an appropriate symbol.

(3)

When parking space is provided in an off-street parking area, the aisle between lines or bays of parking space shall not be less than 25 feet. No more than 60 parking spaces shall be accommodated in any single parking area.

(4)

Staff parking shall be provided with a minimum of one space per employee on the largest shift of employment.

(5)

Parking will only be permitted in the following manner:

(a)

Parking in specially designed off-street parking areas.

(b)

In specially designed separate buildings incorporated in the overall plan.

(c)

No parking will be permitted in any other areas.

(6)

Loading areas shall not be located forward of the front building line, shall not be located in the public right-of-way or defined parking areas, and shall occupy a minimum space of not less than 12 feet by 50 feet by 14 feet high. The use of said loading areas should not block or interfere with the use of buildings, accessory buildings or parking areas.

Curbs and sidewalks.

(1)

All curbs and sidewalks shall be designed, built and in accordance with the design standards in Chapter 305, Subdivision and Land Development.

(2)

All curbs shall be designed to promote handicapped access through curb cuts and ramps.

(3)

Sidewalks shall be planned, designed, built and maintained to promote pedestrian circulation. All such sidewalks shall have a minimum width of four feet.

Lighting.

(1)

All streets, off-street parking areas, and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from any adjoining residential development and areas zoned for residential development, so as to preclude trespass glare.

(2)

Appropriate lighting fixtures shall be provided for walkways, sitting areas, bus stops and the like, and to identify steps, ramps and directional signs. Such lighting shall be designed and located to as to direct light away from any adjoining residential development and areas zoned for residential development, so as to preclude trespass glare.

Fire protection. In addition to the standards and provisions of Chapter 305, Subdivision and Land Development, the following shall apply:

(1)

Fire protection measures and devices shall be provided and installed, as approved by the County and Township Fire Marshals in accordance with the National Fire Code (NFC) and the BOCA National Fire Prevention Code for such items as:

(a)

Fire lanes and/or no parking zones.

(b)

Accessibility to the rear of all buildings.

(c)

Early detection systems.

(d)

Hydrants.

(e)

Sprinkler systems.

Design standards for retirement residence, life care facility and continuing care retirement community.

(1)

The overall plan shall be laid out as part of a single architectural and landscaping scheme having the following characteristics:

(a)

An efficient and visually coherent arrangement of structures and improvements;

(b)

A proper relationship to the size and shape of the tract developed and the adjacent land uses;

(c)

A proper relationship to the natural setting of the tract: the topography, vegetative cover and water resources;

(d)

(2)

These efforts to ensure continuity with the prevailing surroundings will include arranging the facilities in groupings which will preserve as much open space as possible.

(3)

Buildings shall be visibly and physically clustered. Twenty percent of the units must be attached single-family dwellings arranged in clusters.

(4)

The location of buildings in general, and more specifically, the distance at the closest point between two buildings or groups of buildings, shall be sufficient to guarantee adequate sunlight, open space, and privacy for all occupants of the buildings.

(5)

The Board of Supervisors shall have the exclusive power to interpret the application of the above-stated criteria as it applies to the proposed plans, and their decision shall be final.

(6)

A lot shall have access to a public street, but a public street shall not be used for access or servicing the units.

(7)

Private streets, entirely within the property and connected to a public street, shall be required to service units.

(a)

All private streets shall be constructed in accordance with the Township's design standards for such streets contained in Chapter 305, Subdivision and Land Development.

(b)

No private street shall have a greater grade than 10%.

(8)

No outdoor antennas for television or radio will be permitted on any unit; however, a central system or systems will be permitted outdoors, subject to the approval of the Board of Supervisors.

(9)

One sign of not larger than 24 square feet, indicating the name of the development, will be permitted at each major entrance to the site. Such sign shall be in accordance with plans submitted to and approved by the Board of Supervisors.

§ 365-45 Special plan requirements.

In addition to the requirements set forth in Chapter 305, Subdivision and Land Development, each application for a development in the R-5 District shall be accompanied by the following information:

A site plan or plans which delineate 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 scales as directed by the Board of Supervisors 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.

(3)

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.

(4)

The location and dimensions of all driveways, fire lanes, and private and public streets.

(5)

The location of all areas devoted to planning, landscaping or similar purposes.

(6)

The location and heights of all walls, fences or hedges required for visual screening.

(7)

The floor plans and areas in square feet of all dwelling units and accessory buildings and the location of all windows and external doors.

(8)

The physical features of the tract, including existing and proposed contours at two-foot intervals.

(9)

The provisions and the location of all sewage, water and other public utilities and supply, surface and stormwater drainage, exterior lighting, and similar facilities, and the dimensions of all existing or proposed utility easements.

In all instances, sufficient data shall be provided to enable the Board of Supervisors to determine that the requirement of this and other ordinances of the Township relevant to the proposed application have been fulfilled.

An environmental impact assessment report, in accordance with Article XXII, shall be submitted with all preliminary and final plans.

§ 365-46 Development in stages.

Uses in the Retirement Residential District may be developed in stages or phases, provided the developers enter a subdivision agreement with the Township which will set forth a timing schedule specifying the completion of each phase through to final development.

Edgmont Township City Zoning Code