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Lower Makefield Township
City Zoning Code

ARTICLE VI

Residential Single-Family High Density R-3

§ 200-24 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) 
Dwelling, single-family attached.
(3) 
Dwelling, single-family detached.
(4) 
Dwelling, two-family.
(5) 
Nursery/horticulture/greenhouse.
(6) 
Public recreational facility.
(7) 
Uses and structures accessory to permitted uses, limited to the following:
(a) 
Auctions.
(b) 
Garage sales.
(c) 
Home occupation, Class I: home office.
(d) 
Home occupation, Class II: traditional home occupation.
(e) 
Livestock in residential areas.
(f) 
Pools of restrictive size/hot tubs.
(g) 
Private aboveground swimming pool.
(h) 
Private swimming pool.
(i) 
Residential accessory buildings and structures.
(j) 
Temporary structure.
(8) 
Forestry/timber harvesting, pursuant to the regulations set forth in Article XV, § 200-68.
[Added 12-3-2001 by Ord. No. 329]
(9) 
Open space cluster development.
[Added 12-20-2006 by Ord. No. 364]
B. 
Uses by special exception. The following uses may be authorized as special exceptions by the Zoning Hearing Board in accordance with the standards set forth in § 200-98 of this chapter:
(1) 
Library or museum.
(2) 
Nursing home.
(3) 
Place of worship.
(4) 
Public or private school.
(5) 
Utility.
[Amended 8-7-1995 by Ord. No. 297]
(6) 
Bed-and-breakfast.
(7) 
Boarding.
(8) 
Home occupation, Class III: family day care.
C. 
Conditional uses. The following uses may be authorized as conditional uses by the Board of Supervisors in accordance with the standards and procedures of this chapter:
(1) 
Accessory farm business.
(2) 
Emergency services.

§ 200-25 Standards for single-family detached dwellings.

[Amended 12-20-2006 by Ord. No. 364; 8-2-2023 by Ord. No. 440]
A. 
Open space applicable to tracts of land consisting of 10 acres or more land.
(1) 
Not less than 25% of the total land area shall be designated as open space.
(2) 
No area designated as open space shall be smaller than 20,000 square feet.
(3) 
The open space shall be contiguous to lots within the cluster-designed development in conformity with § 200-75 of this chapter.
(4) 
Consideration shall be given to the arrangement, location and landscaping of the open space so as to address its aesthetic and spatial relationship with the development clusters, the individual lots and the adjacent land uses.
(5) 
Open space should be arranged in such a manner so as to be within easy access and view of the dwelling units while preserving and enhancing the natural features and renewable resource potential of the site.
(6) 
Ownership of open space as required by this chapter shall be held in such form in conformance with § 200-74B of this chapter.
(7) 
All open space designated under this chapter shall be identified by the installation of a freestanding sign in accordance with § 200-83E(12) of this chapter.
B. 
Table of performance standards. Lot area and density for uses other than farmland preservation development. All development shall be in accordance with the site capacity calculations, § 200-52, and the following requirements. These standards may be less strict than other standards in § 200-52; the strictest standards shall apply.
Type
Percent of Base Site Area Classified as Resource Protection Land1
Maximum Density on Net Buildable Site Area without Cluster
(units/acres)
Maximum Density on Net Buildable Site Area with Cluster
(units/acres)2
Minimum Net Lot Area3,4
Residential R-3
Single-family detached4
0% to 31%
1.2
1.25
34,000 square feet
Single-family detached
32% to 40%
2.1 + 0.11 x each additional percent of base site area classified as open space
2.70 + 0.04 x each additional percent of base site area classified as open space
12,500 square feet
Single-family detached
41% +
3.08
3.08
10,000 square feet
Other permitted uses
1 acre5
NOTES:
1
For purposes of determining the percent of base site area classified as resource protection land in § 200-25, open space as defined in § 200-7 and which is offered to the Township shall be considered to be resource protection land.
2
The maximum density on net buildable site area is determined on the basis of the percentage of base site area with resource protection land and open space. The maximum number of dwelling units permitted on a particular tract shall not exceed the number of dwelling units that could be constructed on the site given the development constraints of the physical site and the otherwise applicable Township ordinance requirements. A standard subdivision plan showing sufficient detail to demonstrate the maximum number of dwelling units that could be constructed on the site shall be provided to the Township and approved by the Township engineer.
3
See definition of "net lot area."
4
With on-lot private water and/or on-lot sewage facilities, the minimum lot area permitted shall be 34,000 square feet with a minimum lot width at the building line of 110 feet.
5
These area requirements shall apply unless otherwise specified in Article XV for the specific use, in which case the provisions of Article XV shall apply.
C. 
Lot area and yard requirements. Single-family detached dwellings and other uses, other than single-family attached and two-family dwellings. All development shall be in accordance with the site capacity calculations, § 200-52, and the following requirements. These standards may be less strict than other standards in § 200-52; the strictest standards shall apply.
Minimum Net Lot Area2
(square feet)
Minimum Lot Width at Front Building Line
(feet)
Maximum Building Height
(feet)
Minimum Yards1
Front
(feet)
Side (each)
(feet)
Rear
(feet)
34,000
110
35
40
15
50
13,500
90
35
35
15
45
12,500
85
35
35
15
45
10,000
80
35
30
15
40
Other uses3
160
35
50
25
75
NOTES:
1
Where a yard abuts a major collector or arterial road listed in § 200-63 of this chapter, the building setback shall be increased to 80 feet for collector roads and 100 feet for arterial roads.
2
Rear yard open porches are an exception to the rear yard setback.
3
These area and dimensional requirements shall apply unless otherwise specified in Article XV for the specific use, in which case the provisions of Article XV shall apply.

§ 200-26 Table of performance standards for single-family attached and two-family dwellings.

A. 
Lot area and density standards. All development shall be in accordance with the site capacity calculations, § 200-52, and the following requirements. These standards may be less strict than other standards in § 200-52, the strictest standards shall apply.
[Amended 8-2-2023 by Ord. No. 440]
Type
Percent of Base Site Area Required for Resource Protection and Open Space1
Maximum Density on Net Buildable Site Area2
(units/acre)
Minimum Tract Size
Minimum Net Lot Area per Dwelling Unit
(square feet)3
Residential R-3
Two-family dwelling
40
4.5
10
6,000
Single-family attached
40
6
10
2,000
NOTES:
1 The percentage of base site area classified as resource protection land is determined through the site capacity calculations, § 200-52. A minimum of 40% of the base site area of sites planned for single-family attached residences and for two-family residences must be devoted to resource protected lands and open space. If resource protected lands encumber less than 40% of the base site area, then additional land shall be devoted to open space so as to equal 40%.
2 The maximum density on net buildable site area is determined on the basis of the percentage of base site area with resource protection land and open space.
3 See definition of "net lot area."
B. 
Lot area and yard requirements shall be as follows:
[Amended 12-20-2006 by Ord. No. 364]
Minimum Net Lot Area
(square feet)
Minimum Lot Width at Front Building Line
(feet)
Maximum Building Height
(feet)
Front
(feet)
Minimum Yards1
Side (each)
(feet)
Rear2
(feet)
Single-family attached
  2,000
201
35
302
3
25
  2,000
24
35
302
3
25
Two-family
  6,000
90
35
30
15
50
NOTES:
1 Single-family attached units shall not have less than 24 feet of width at the building line, except that at the option of the developer 25% of the total building lots of attached dwelling units may be reduced to widths of 20 feet at the building line.
2 Where a yard abuts a major collector or arterial road listed in § 200-63 of this chapter, the building setback shall be increased to 80 feet for collector roads and 100 feet for arterial roads. For any building fronting onto any other public right-of-way the minimum setbacks shall be 30 feet, whereas for any building fronting onto a public area or private right-of-way the minimum yard shall be 15 feet.
3 The minimum side yard between connected dwelling unit groups shall be 25 feet.
C. 
Requirements for single-family attached dwellings.
(1) 
Private yard required. Each single-family attached dwelling shall have a portion of its lot enclosed by a barrier for the private outdoor use of the occupants of the dwelling. Such barrier shall be of sufficient height and density to serve as a barrier to visibility, airborne particles, glare and noise between the subject lot and adjacent lots. Such barrier may be constructed of plant materials or building materials or both.
[Amended 10-21-1996 by Ord. No. 305]
(2) 
Parking requirements. Off-street parking spaces shall be provided in accordance with § 200-78 of this chapter and shall be designed and constructed in accordance with the provisions of Chapter 178, Subdivision and Land Development. Parking spaces shall be located on the same lot as the use for which the spaces are being provided, except in the case of single-family attached dwellings for which spaces may be provided in a common parking area.
(3) 
Variation of design. It is the intention of this section that single-family attached houses shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than seven such dwellings may be so attached in any one group and the total length of the group shall not exceed 175 feet.
(4) 
Vehicular access from or to existing streets. No lot in any single-family attached subdivision development shall have direct access from or to any existing street outside of the site area perimeter and no lot in any single-family attached subdivision development shall front on any existing street outside of the site area perimeter.
(5) 
Access to roads. The provisions of § 200-64 of this chapter shall not be applicable to single-family attached subdivisions and the Board of Supervisors may approve access to roads in a single-family attached development from a private street, road or right-of-way.
(6) 
Street dedication. Each single-family attached subdivision shall have a principal access road which shall be dedicated to the Township. The Township reserves the right to require the developer to dedicate any and all secondary access roads or parking areas as it, in its sole discretion, shall deem advisable.
D. 
Requirements for two-family dwellings.
(1) 
Private yard required. Each two-family dwelling shall have a portion of its lot enclosed by a barrier for the private outdoor use of the occupants of the dwelling. Such barrier shall be of sufficient height and density to serve as a barrier to visibility, airborne particles, glare and noise between the subject lot and adjacent lots. Such barrier may be constructed of plant materials or building materials or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
Parking requirements. Off-street parking spaces shall be provided in accordance with § 200-78 of this chapter and shall be designed and constructed in accordance with provisions of the Chapter 178, Subdivision and Land Development. Parking spaces shall be located on the same lot as the use for which the spaces are being provided.
(3) 
Vehicular access from or to existing streets. No lot in any two-family development shall have direct access from or to any existing street outside of the site area perimeter and no lot in any two-family development shall front on any existing street outside of the site area perimeter.

§ 200-27 Impervious surface requirements.

A. 
The following impervious surface ratios shall apply to all tracts or lots which were subject to final subdivision or land development approval granted after December 14, 1987:1
Maximum Impervious Surface Ratio
Lot Size
Permitted by Developer
Total Permitted by Property Owner Inclusive of that Permitted by Developer
More than 5 acres
.17
.17
40,001 to 5 acres
.15
.18
34,001 to 40,000 sq. ft.
.16
.19
25,001 to 34,000 sq. ft.
.18
.21
20,001 to 25,000 sq. ft.
.21
.24
16,501 to 20,000 sq. ft.
.25
.28
15,001 to 16,500 sq. ft.
.27
.30
13,501 to 15,000 sq. ft.
.30
.33
12,501 to 13,500 sq. ft.
.32
.35
10,001 to 12,500 sq. ft.
.35
.38
6,001 to 10,000 sq. ft.
.45
.48
2,000 to 6,000 (R-3) sq. ft.
.55
.58
2,000 to 6,000 (R-4) sq. ft.
.58
.61
NOTES:
1 Unless the subdivision or land development plan approval specifies a more restrictive impervious surface ratio, in which case the more restrictive ratio shall apply.
B. 
The following impervious surface ratios shall apply to all tracts or lots to which the regulations in Subsection A above do not apply:
Lot Size
Maximum Impervious Surface Ratio
15,001 or up
.18
13,501 to 15,000
.24
12,501 to 13,500
.26
10,000 to 12,500
.29
Under 10,000
Apply ratios in Subsection A above

§ 200-27.1 Requirements for open space cluster development.

[Added 12-20-2006 by Ord. No. 364]
A. 
Table of performance standards: Lot area and density for open space cluster development.
Type
Minimum Percent of Base Site Area Classified as Resource Protection Land1
Maximum Density on Net Buildable Site Area2
(units/acre)
Minimum Net Lot Area3
(square feet)
Minimum Average Net Lot Area
(square feet)
Residential R-3
51%
4.0
10,000
12,500
NOTES:
1 For purposes of determining the percent of base site area classified as resource protection land in § 200-52, open space as defined in § 200-7 and which is offered to the Township shall be considered to be natural resource protection land.
2 Notwithstanding the maximum density on net buildable site area, the maximum number of dwelling units permitted on a particular tract shall in no circumstance be greater than the maximum number of dwelling units that actually could be constructed on the site without open space clustering given the development constraints of the physical site and the otherwise applicable Township ordinance requirements. A plan showing sufficient detail to demonstrate the maximum number of dwelling units that could be constructed on the site shall be provided to the Township.
3 The minimum net lot size and minimum average lot size is permitted only where the resource protection land, including open space as defined in § 200-7, exceeds 51% of the base site.