Hummelstown City Zoning Code
PART 8
"R-C" RESIDENTIAL DISTRICT: CLUSTER DEVELOPMENT
§ 27-801 Purpose.
[Ord. 88-7, 5/12/1988]
1.
Residential-Cluster development is an optional form of development which allows the developer more choices of housing types, and enables him to develop lots smaller than those specified in other residential zoning districts, provided the land saved is reserved for permanent common use, usually in the form of open space.
The purpose of cluster development is to permit a procedure for development which shall:
A.
Improve living and working environments;
B.
Promote more economic subdivision layout;
C.
Encourage a variety of types of residential dwellings;
D.
Encourage ingenuity and originality in total subdivision and individual site design; and
E.
Preserve open space to serve recreational, scenic and public service purposes and/or other purposes related thereto.
The Residential-Cluster Zoning District may be applied as an overlying district to R-SF Single Family Residential and R-TF Two-Family/Apartments Residential Zoning Districts. The regulations of the Residential Cluster District shall then govern development with the exception that the maximum gross density of the underlying zoning district shall not be exceeded. |
2.
All tracts or parcels of land rezoned to the Residential-Cluster District shall submit appropriate preliminary and final plans to the Borough in accordance with Chapter 22 of the Hummelstown Borough Code of Ordinances, as amended. The approval by the Borough Council of a rezoning to the Residential Cluster District shall in no way automatically guarantee preliminary or final plan approval without satisfactory compliance with all other applicable local, state and federal codes and ordinances.
§ 27-802 Application For Rezoning to Residential-Cluster District.
[Ord. 88-7, 5/12/1988]
Any developer who desires to initiate a rezoning to Residential-Cluster shall submit to the Planning Commission and Borough Council, through the Zoning Officer, a rezoning application. The application shall be accompanied by the following:
1.
Location map showing the project in relation to the surrounding area;
2.
Sketch plan showing:
A.
Property lines and easements with dimensions and area;
B.
Location, size, spacing, setbacks and dimensions of all existing and proposed buildings and structures;
C.
The building types, sections and floor plan and site sections to clearly define the character of the project;
D.
Topographic information showing existing features and conditions and proposed grading;
E.
Landscaping plans showing open spaces, planting, existing and proposed trees and recreational area and facilities; and
F.
Existing streets, showing access to the project, proposed roads and parking layout with dimensions.
3.
Written information regarding land use designations, surrounding land uses, project design team, development schedule, type, size, number of units and density calculations; and
4.
Written information regarding the following:
A.
The nature and extent of the common open space in the project, the proposals for maintenance and conservation of the common open space, and the adequacy of the amount of function of the open space in terms of the densities and dwelling types proposed in the plan;
B.
The manner in which such plan does make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment;
C.
The relationship, beneficial or adverse, of the proposed development upon the physical environment and the neighborhood in which it is proposed to be established; and
D.
Whenever applicable, documents indicating compliance and approval of mandated state statutes or other laws shall be obtained and submitted as part of the application.
§ 27-803 Rezoning Criteria.
[Ord. 88-7, 5/12/1988]
A rezoning to Residential-Cluster shall be granted only if evidence is presented which established that:
1.
The proposed cluster development shall be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this part and the subdivision and land development regulations contained in Chapter 22 of the Hummelstown Borough Code of Ordinances, as amended;
2.
The proposed, cluster development shall not have substantial or undue adverse effects, as compared to a standard development permitted by the existing zone, upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare;
3.
The proposed cluster development shall be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the zoning district regulations applicable to that property:
4.
The proposed cluster development shall be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water, sewer, and schools. The Borough may require the developer to provide written verification of the adequacy or availability of such services; and
5.
The proposed cluster development shall not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.
§ 27-804 Permitted Uses.
[Ord. 88-7, 5/12/1988; as amended by Ord. 2001-3, 10/18/2001, § 2]
§ 27-805 Specifications.
[Ord. 88-7, 5/12/1988]
2.
Density. The gross density for a Residential-Cluster District shall be as follows:
Underlying District | Maximum Dwelling Units per Acre | |
|---|---|---|
R-SF | 5 | |
R-TF | 8 |
Density shall be based upon gross acreage, total land area, of tract. |
3.
Types of Dwelling Units Permitted.
A.
Single-family detached, two-family detached, semidetached, attached and multiple-family dwellings may be permitted in a cluster subdivision or development pursuant to the requirements of this Part. Types of dwelling units included are; zero lot line dwellings, duplex units, patio dwellings, atrium dwellings, townhouse units, multiplex units and apartment units.
B.
When the underlying district is R-SF Single-Family Residential, 50% of all units shall be single family detached units.
C.
When the underlying district is R-TF Two-Family/Apartments Residential, all dwelling unit types, as listed above are permitted. At least 25% and no more than 75% of all dwelling units shall be of each proposed dwelling type.
4.
Permitted Lot Reductions. Lot size may be reduced by no more than 25% of minimum lot size, as specified for the under lying district, for single-family detached units; all other dwelling types up to 20%.
5.
Yard Dimensions. Yard dimensions shall be as recommended by the Borough Planning Commission and approved by the Borough Council as part of the preliminary plan approval, except that each lot in a cluster development abutting an existing Residential District shall have a side or rear yard of not less than the required side or rear yard of the abutting District. Yard setbacks for all lots fronting on public streets shall not be less than the front yard setback requirements of the underlying district.
6.
Buffer Yards and Screen Plantings. Buffer yards of no less than 10 feet in width shall be required along exterior property lines where units in a proposed cluster subdivision or development abut noncluster residential development. All buffer yards shall be planted in accordance with Part 14, of this chapter. Where buffers are required, a plan shall be required which shows the location, size, species and number of plant materials to be used.
§ 27-806 Housing.
[Ord. 88-7, 5/12/1988]
1.
No more than eight townhouses shall be attached in a single group.
2.
Spacing of structures. Minimum distances between structures shall be as follows:
A.
Single family detached: 25 feet between structures;
B.
Duplex: 25 feet between structures;
C.
Patio and atrium dwellings: 20 feet, if detached;
D.
Multiplex dwellings: 40 feet between structures;
E.
Townhouse: 40 feet between structures;
F.
Garden apartments: 40 feet between structures; and
G.
Zero lot line dwellings: 25 feet between structures.
§ 27-807 Garages and Accessory Buildings.
[Ord. 88-1, 5/12/1988]
Garages and accessory buildings may be located in any rear yard, provided that they do not violate the coverage regulations herein set forth and that side yards of not less than two feet, and a rear yard setback of not less than three feet are provided.
§ 27-808 Impervious Coverage Regulations.
[Ord. 88-7, 5/12/1988]
The maximum permitted impervious coverage shall be 40% and shall apply to the developable tract area total rather than to individual lots.
§ 27-809 Height Regulations.
[Ord. 88-7, 5/12/1988]
Single-family residences shall not exceed 35 feet in height. All other buildings shall not exceed 40 feet in height.
§ 27-810 Utilities.
[Ord. 88-7, 5/12/1988]
Both public water and public sanitary sewer or a community water and or sanitary sewer system approved by the Pennsylvania Department of Environmental Resources.
§ 27-811 Off-Street Parking/Access.
§ 27-812 Sign Regulations.
[Ord. 88-7, 5/12/1988]
The placement, type and size of all signs erected in an R-C Residential-Cluster District shall be regulated by the provisions of Part 18 herein.
§ 27-813 Fence Regulations.
[Ord. 88-7, 5/12/1988]
All fences shall be subject to the regulations of Part 14 herein.
§ 27-814 Manufactured Homes.
[Ord. 88-7, 5/12/1988]
Manufactured homes, regardless of whether or not they have been removed from the wheels and installed on a foundation, and whether or not they have had additional construction added to the same, shall not at any time be construed as residential units in an R-C Residential-Cluster District, and shall not be permitted in this classification.
§ 27-815 Open Space Requirements.
[Ord. 88-7, 5/12/1988]
Open space areas shall be provided in accordance with Part 14 herein.