Lower Makefield Township
City Zoning Code
City Zoning Code
ARTICLE XII
General Business/industrial C-3
§ 200-45 Permitted uses.
A building or structure may be erected or used and a lot may be used or occupied for any of the following uses and no other. All uses permitted by right or by special exception are subject to the specific regulations in Article XV for individual uses, in addition to the requirements contained in this and other sections.
A.
Uses by right. Uses by right shall be as follows:
(1)
Agriculture.
(2)
Automobile body repair or paint shop.
(3)
Cemetery.
(4)
Convenience store.
(5)
Crematorium.
(6)
Day-care, group day-care facility and nursery school/kindergarten.
(7)
Emergency service.
(8)
Financial service.
(9)
Funeral home.
(10)
General business, professional or government office.
(11)
Health or fitness club.
(12)
Hospital.
(13)
Kennel.
(14)
Large retail store.
(15)
Light manufacturing.
(16)
Medical office.
(17)
Mobile home park.
(18)
Nursery/horticulture/greenhouse.
(19)
Nursing home.
(20)
Research and development facility.
(21)
Restaurant.
(22)
Restaurant with drive-through service.
(23)
Retail or personal services shop.
(24)
Service station.
(25)
Vehicle sales.
(26)
Veterinary office.
(27)
Warehousing and distribution.
(28)
Wholesale trade.
(29)
Uses and structures accessory to permitted uses, including a helistop and excluding accessory outside storage.
(31)
Age-qualified community.
[Added 12-19-2005 by Ord. No. 355]
B.
Uses by special exception. The following uses may be authorized only as special exceptions by the Zoning Hearing Board in accordance with the standards set forth in § 200-98 of this chapter.
C.
Conditional uses. The following uses may be authorized only as conditional uses by the Board of Supervisors in accordance with the standards set forth in Article XXII of this chapter.
(1)
Accessory farm business.
(2)
Quarry.
(3)
Solid waste facility.
(5)
Lawful use not otherwise permitted. Any lawful use which is required to be permitted by the Pennsylvania Municipalities Planning Code[3] and which is not otherwise permitted in other use categories of this chapter, provided that the applicant for such conditional use establishes that the proposed use meets the following criteria as well as the requirements set forth in all other applicable sections of this chapter:
(a)
The use must comply with the lot, area, dimensional and design criteria of the C-3 District.
(b)
Where applicable, the applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection and/or other commonwealth or federal governmental agencies which regulate such use.
(c)
A buffer area shall be established in accordance with the conditions imposed upon the granting of the conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with Article XVI of this chapter and shall be of sufficient width to protect the surrounding area from objectionable effects of the proposed use, including but not limited to noise, dust, vibration, odor, illumination, visual effects and the like.
(d)
The applicant must submit an Environmental Impact Statement at the time the conditional use application is submitted. The Environmental Impact Statement shall be in accordance with the provisions of Appendix A, Requirements for Environmental Impact Assessment Report, incorporated into this chapter.[4]
[4]
Editor's Note: Appendix A is included at the end of this chapter.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 200-46 Lot area, dimensional and design standards.
[Amended 4-6-1998 by Ord. No. 315]
The following area, setback, lot and design requirements shall be met unless otherwise specified for a specific use in Article XV, in which case the provisions of Article XV shall apply. A minimum tract size of 10 acres is required, which may then be subdivided as part of an overall plan.
Area and Dimensional Requirements: C-3 | Requirements for Tract1 | Requirements for Each Lot Within the Tract2 |
|---|---|---|
Minimum net lot area | 10 acres | 2 acres |
Minimum lot width at front building line | 200 feet or 40% of the maximum tract depth, whichever is greater | 200 feet |
Maximum building coverage | 35% | Must be limited so that tract requirement of 35% is not exceeded |
Maximum impervious surface ratio | 65% | Must be limited so that tract requirements of 65% is not exceeded |
Front yard | 100 feet | 50 feet |
Side yard | 75 feet/100 feet if adjoining a residential district | 50 feet |
Rear yard | 75 feet/100 feet if adjoining a residential district | 50 feet |
Distance between parking lot and any lot line | 25 feet or 1/2 the distance of the minimum required yard, whichever is greater3 | 15 feet |
Maximum building height | 35 feet | 35 feet |
NOTES: 1 Tract requirements shall apply to any property held in single and separate ownership on the date of adoption of this amendment. (Editor's Note: The date of adoption of this amendment is 4-6-1998.) |
2 The lot requirements shall apply to lots created by subdivision after the effective date of this amendment, shall only apply to boundary lines newly created by such subdivisions and shall not apply to boundary lines existing on the effective date of the adoption of this amendment. In cases of subdivisions without land development, the applicable setbacks shall be recorded on the linen. (Editor's Note: The effective date of this amendment is 4-11-1998.) 3 Where a buffer is required along a lot line, parking areas may not be located within the required buffer yard. |
§ 200-47 Supplemental regulations.
[Amended 12-19-2005 by Ord. No. 355]
A.
Standards applicable to age-qualified communities.
(1) AGE-QUALIFIED COMMUNITY OFFICE/RETAIL BUILDING PARKING SPACE PRIVATE ACCESS DRIVES PRIVATE RECREATION SHARED ACCESS AND UTILITY EASEMENT SINGLE-FAMILY ATTACHED DWELLING SINGLE-FAMILY DETACHED DWELLING
Definitions. Within an age-qualified community the definitions in §§ 200-7 and 200-68 shall apply, except as defined below:
A community consisting of single-family attached dwellings, single-family detached dwellings and multiple-family buildings, which shall be permanently occupied by at least one person 55 years of age or older, and further providing that no person under the age of 19 shall occupy a dwelling for more than three months in a calendar year. An age-qualified community may also provide private recreation facilities and office/retail buildings.
A structure(s) within the age-qualified community that contains office or retail uses or a combination thereof.
An off-street or on-street area located on a lot or area with an all-weather surface available for the storage of one motor vehicle and having dimensions as required in this section. In the case of single-family dwellings, the garage and a private driveway outside the garage may both count toward the parking requirements, whether or not access to the street requires moving the car parked on the driveway.
A paved cartway to the rear of dwellings for the purpose of vehicular service and access to private parking. No parking shall be allowed within the private access drive. The minimum cartway width shall be 12 feet for one-way circulation and 18 feet for two-way circulation. The minimum clear distance, free of any vertical obstructions, shall be 20 feet.
Recreational facilities and buildings for the use of community residents and their guests and invitees.
A private street with a cartway providing access to individual dwellings, which may also contain utilities, on-street parking and sidewalks. The minimum width of the cartway shall be 22 feet, exclusive of on-street parking or sidewalks.
A dwelling designed and occupied exclusively as a residence for one family, having independent access, either to the outside or a common stairwell, hallway, or lobby, attached to but separated from adjoining dwellings by a minimum of one party wall, or a ceiling and floor or a landscape structure, such as a trellis or arbor.
A dwelling designed and occupied exclusively as a residence for one family having independent outside access.
(2)
Within an age-qualified community, the following uses are permitted by right and no others:
(a)
Dwelling, single-family detached.
(b)
Dwelling, single-family attached.
(c)
Multiple-family building.
(d)
Nursing home.
(e)
Private recreation.
(f)
Commercial recreation.
(g)
Office and retail uses.
[1]
Day-care center, group day-care facility, nursery school and kindergarten.
[2]
Financial service.
[3]
General business, professional or government office.
[4]
Health/fitness club.
[5]
Retail store, no larger than 15,000 square feet of gross floor area.
[6]
Medical offices.
[7]
Nursery/horticulture/greenhouse.
[8]
Restaurant.
[9]
Service retail.
[10]
Convenience store.
[11]
Uses and structures accessory to permitted uses except for outside storage.
(3)
An age-qualified community shall be subject to the following listed lot area, dimensional and design standards and no others:
(a)
Dimensional standards. Buildings within the age-qualified community shall be subject to the following listed dimensional standards, and the following requirements:
Type of Use | Maximum Percent of Residential Units | Maximum Building Height | Maximum Gross Floor Area | Minimum Lot Area1 |
|---|---|---|---|---|
Single-family detached | 60 | 35 | NA | 6,000 |
Single-family attached | 60 | 45 | NA | 2,000 |
Multi-family buildings | 40 | 653 | NA | NA |
Office/retail | NA | 35 | 600 square feet per acre4 | 1/2 per acre2 |
NOTES: |
|---|
1 Lot area standards listed are in the event the property is subdivided into lots. |
2 Based on base site area if the office or retail areas are subdivided. |
3 Multifamily buildings to be a maximum of three stories of dwelling units over one level of parking. |
4 Based on the base site area for the entire tract. |
(b)
Resource protection standards.
[1]
A minimum of 20% of the base site area shall be devoted to resources protected lands and open space.
[Amended 8-2-2023 by Ord. No. 440]
[2]
Forty percent of the total quantity of woodlands on site shall be protected. In no instance shall woodlands within areas with a higher resource protection ratio (i.e., wetlands) be disturbed.
[3]
The requirements of § 200-51B(4)(e) shall not apply to an age-qualified community.
(c)
Setback requirements by use. The building setback standards as follows shall take precedence over any yard requirements resulting from any future subdivision or phasing.
Building Setbacks To5: | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Use | Perimeter Property Line4 (feet) | Adjacent Building (feet) | Parking Lot (feet) | Existing Arterial R.O.W.4 (feet) | Existing Collec- tor R.O.W.4 (feet) | Existing Local Street R.O.W.4 (feet) | Gar- age Setback to Cart- way (feet) | New Local Street1 (feet) | New Private Street1,2 (feet) | Private Access Drive to Garage (feet) |
Single -family detached dwellings | 50 | 15 | 152 103 | 80 | 50 | 25 | 25 | 20 | 15 | 6 |
Single -family attached dwellings | 50 | 20 | 152 103 | 80 | 50 | 25 | 25 | 20 | 15 | 6 |
Multi- family buildings | 50 | 25 | 152 103 | 100 | 80 | 25 | 25 | 25 | 15 | NA |
Retail | 80 | 30 | 10 | 100 | 40 | 40 | NA | 20 | 20 | NA |
Office/ retail building | 60 | 30 | 152 103 | 75 | 40 | 40 | NA | 20 | 20 | NA |
(d)
Required buffers, per § 200-73, may be located in setbacks, provided the setback has a minimum depth of 25 feet.
(f)
Density standards.
[1]
Residential. There shall be a maximum density of 4.6 units per acre of base site area, regardless of dwelling unit type. Mix of dwelling unit types shall be governed by § 200-47A3(a).
[2]
In addition, a maximum of 600 square feet of office/retail uses per acre of base site area may be developed within the age-qualified community. Office and retail uses must be developed along an existing collector street.
(4)
Parking requirements. The following dimensional and quantity standards shall apply to uses in an age-qualified community:
(b)
Location.
[1]
Spaces may be provided in a common parking area, except such parking areas shall not be located in areas proposed for resource protection or open space.
[Amended 8-2-2023 by Ord. No. 440]
[2]
Location of parking spaces for nonresidential areas.
[a]
Required off-street parking spaces may be on the same lot or within the common parking area for the use served. Parking areas may occupy a portion of yard areas but may not occupy any area required for a buffer and may not be located closer than 25 feet to any perimeter lot line. This requirement will not apply to internal lot lines created by subdivisions of the site into sections.
[3]
Location of parking spaces in residential areas.
[a]
Required off-street parking spaces may be located in front of a dwelling, provided that such spaces are paved with a hard surface material and no portion of each space is within five feet of the cartway of the shared access and utility easement or the right-of-way line or property line.
[b]
Required off-street parking spaces shall be on the same lot or area with the use served. Parking areas may occupy a portion of yard areas but may not occupy any area required for a buffer and may not be located closer than 15 feet to any perimeter lot line.
[c]
Parking on new local streets or on shared access easements may be allowed for up to 25% of the parking requirement, where a designated lane or area is provided for on-street parking.
(c)
Number of parking spaces required. The following are the minimum number of parking spaces required for specific uses.
[1]
Dwellings, including single-family attached, single-family detached and multiple-family building: minimum of two spaces per dwelling. Garage spaces shall count towards the parking requirement.
[2]
Private recreation: one parking space for each 250 square feet of gross building floor area.
[3]
Retail uses: one parking space for every 200 square feet of gross building floor area.
[4]
All office uses: one parking space for every 250 square feet of gross building floor area.
(5)
Additional standards.
(a)
Variation of design. Single-family attached dwellings shall be arranged in groups or clusters. No more than seven dwellings may be so attached in any one group and the total length of the group shall not exceed 240 feet.
(b)
Street access.
[1]
Access to roads. The provisions of § 200-64 of the Zoning Code shall not be applicable to age-qualified communities and the Board of Supervisors may approve access to roads from a private street, road or right-of-way.
[2]
Street dedication. Each single-family area shall have a principal access road or shared access and utility easement which may be dedicated to the Township.
[3]
Access to dwellings. No dwelling shall hereafter be erected unless there is a direct access to it through a street or shared access and utility easement.
(c)
Flag or lane lots. Where lots are created, flag or lane lots shall be permitted for all residential uses.
[1]
Minimum lot size shall be 6,000 square feet for single-family detached dwellings or 2,000 square feet for single-family attached dwellings.
[2]
The minimum lot area shall be measured inclusive of the area of the lane or flagpole.
[3]
The width of the lane or flagpole portion of the lot may not be less than 15 feet.
[4]
The front yard setback for a flag or lane lot shall be six feet and shall be measured from the rear lot line of the parcel located between the subject lot and the street.
[5]
Only one tier of flag or lane lots will be permitted. A tier shall be defined as a single row of lots behind lots which have the required frontage on the street. A flag lot shall not be located behind another flag lot.
(e)
A minimum of 350 square feet of recreation land shall be provided per dwelling unit.
(f)
Phasing of development. In the case of an age-qualified community proposed to be developed over a period of years, standards established in provisions elsewhere in this section may, to encourage the flexibility of housing density, design and type intended by this section:
[1]
Permit a variation in each section to be developed from the density or intensity of use established for the entire age-qualified community development.
[2]
Allow for a greater concentration in density or intensity of land use within some section or sections of development, whether it be earlier or later in the development, than upon others.
[3]
Require that the approval of such greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of open space on the remaining land by a grant of easement or by covenant in favor of the Township, provided that such reservation shall, as far as practicable, defer the precise location of such open space until an application for final approval is filed, so that flexibility of the development can be maintained.
[Amended 8-2-2023 by Ord. No. 440]
(g)
Applicability of Township codes. Where no development standard is contained within this Article XII, the standards of the Township Zoning Code and the Subdivision and Land Development Code shall apply. In the event a conflict exists between Article XII of the Zoning Code and the Subdivision and Land Development Code,[1] the provisions and standards of this Article XII shall take precedence.
(6)
Procedures.
(a)
In addition to the requirements imposed by the Lower Makefield Township Subdivision and Land Development Ordinance, the preliminary plan submission shall consist of a site plan and supporting documentation that addresses the following:
[1]
The location, size and topography of the site;
[2]
The density of the land use to be allocated to parts of the site to be developed;
[3]
The location and size of the open space and the form of organization proposed to own and maintain the open space;
[Amended 8-2-2023 by Ord. No. 440]
[4]
The use and approximate height, bulk and location of buildings and other structures;
[5]
The feasibility of proposal for the disposition of sanitary sewer and stormwater and for water supply;
[6]
Covenants, grants of easements or other restrictions proposed to be imposed on the use of land, buildings and structures, including proposed easements or grants for public utilities;
[7]
Location and widths of proposed streets, alleys and public ways and provisions for the parking of vehicles;
[8]
In the case of developments to be staged over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the age-qualified community are intended to be filed.
(b)
A final plan submission shall be prepared for the entire site or any section of the approved preliminary plan proposed to be developed within the overall site. The application shall include any drawings, specifications, covenants or easements. The final subdivision shall adhere to the standards set forth in the Lower Makefield Township Subdivision and Land Development Ordinance.[2]