Lower Swatara Township
City Zoning Code
City Zoning Code
PART 5
RESIDENTIAL SUBURBAN DISTRICT: R-S
§ 27-501 Purpose.
[Ord. 384, 7/17/1993, § 501]
The purpose of the Residential Suburban District is to provide for single-family residential living opportunities of a suburban nature at low development densities in a rural environment.
§ 27-502 Permitted Uses.
[Ord. 384, 7/17/1993, § 502; Ord. No. 626, 4/1/2026]
A building may be erected or used and a lot may be used or occupied for any of the following purposes:
A.
Single-family detached dwellings and manufactured homes that are fixed to a permanent foundation.
B.
Churches or similar places of worship, including associated social facilities.
C.
Public recreation areas.
D.
Agricultural activities.
E.
Educational institutions, libraries and museums.
F.
Home occupations.
G.
No-impact home-based business.
H.
Public utility services and facilities.
I.
Signs.
J.
Accessory uses and buildings incidental to any permitted use.
§ 27-503 Special Exceptions.
[Ord. 384, 7/17/1993, § 503; as amended by Ord. 504, 10/1/2008, § 2; by Ord. No. 618, 9/18/2024]
1.
Golf courses, country clubs and cemeteries.
2.
Medical and dental clinics.
3.
Accessory apartment dwelling.
§ 27-504 Height.
[Ord. 384, 7/17/1993, § 504]
The height of a principal building shall not exceed 35 feet. The height of an accessory building shall not exceed 14 feet.
§ 27-505 Lot Area.
[Ord. 384, 7/17/1993, § 505]
The minimum permitted lot areas shall be as follows:
1.
Lots having an on-lot sewage disposal system shall have an area not less than one acre (43,560 square feet).
2.
Lots provided with public sanitary sewerage collection and treatment services shall have an area not less than 20,000 square feet.
§ 27-506 Lot Width.
[Ord. 384, 7/17/1993, § 506]
The minimum permitted lot width at the building setback line shall be as follows:
A.
Lots having an on-lot sewage disposal system shall have a minimum lot width of 150 feet.
B.
Lots provided with public sanitary sewerage collection and treatment services shall have a minimum lot width of 100 feet.
§ 27-507 Yards.
[Ord. 384, 7/17/1993, § 507]
Each lot shall have front, side and rear yards of not less than the depth and width indicated below.
A.
Lots having an on-lot sewage disposal system.
(1)
Front yard depth: 50 feet.
(2)
Side yard width: 25 feet each on an interior lot. On a corner lot, the side yard abutting the street shall be not less than 50 feet in width.
(3)
Rear yard depth: 30 feet.
B.
Lots provided with public sanitary sewerage collection and treatment services.
(1)
Front yard depth: 35 feet.
(2)
Side yard width: 15 feet each on an interior lot. On a corner lot, the side yard abutting the street shall be not less than 35 feet in width.
(3)
Rear yard depth: 30 feet.
§ 27-508 Coverage.
[Ord. 384, 7/17/1993, § 508]
Total coverage shall not exceed 30% of the lot area.
§ 27-509 Off-Street Parking.
[Ord. 384, 7/17/1993, § 509]
Off-street parking shall be provided in accordance with the provisions of Part 24 of this chapter.
§ 27-510 Signs.
[Ord. 384, 7/17/1993, § 510]
Signs shall be provided in accordance with the provisions Part 23 of this chapter.
§ 27-511 Motor Vehicle Access.
[Ord. 384, 7/17/1993, § 511]
Motor vehicle access shall be provided in accordance with Part 25 of this chapter.
§ 27-512 Age-Restricted Residential Development.
[Ord. No. 625, 1/21/2026]
1.
Purpose. The purpose of this section is to establish uniform standards and criteria to permit Age-Restricted Residential Development within the R-S Zoning District of the Township.
2.
Objectives. The following community objectives shall be considered:
A.
To recognize housing needs for residents as they get older and lifestyle preferences change.
B.
To provide for developments consistent with the provisions of the Federal Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act of 1988[1] (Pub. L No. 100-430, 102 Stat. 1619), or as subsequently amended.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
C.
To recognize the reduced impacts of smaller household sizes associated with Age-Restricted Residential Development organized in higher densities.
D.
To encourage conservation-based site design resulting in an open space style development pattern.
E.
To encourage the creation of neighborhoods specifically designed for the area's senior residents.
3.
Prerequisites for Age-Restricted Residential Development. The following prerequisites shall be met for each application for approval of an Age-Restricted Residential Development:
A.
Age-Restricted Residential Development shall be permitted as a Conditional Use in accordance with Section 27-2709 of the Zoning Ordinance.
B.
All provisions of the Federal Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Pub. L No. 100-430, 102 Stat. 1619), or as subsequently amended, shall apply. A minimum of 80% of the dwelling units must be permanently restricted for occupancy by at least one person age 55 or older. A greater percentage of dwelling units may be so restricted as part of the Declaration. No permanent occupant of an age-restricted dwelling unit may be less than 18 years of age.
C.
A tract of ground, or contiguous group of tracts - whether or not separated by a public street, railroad, stream, or similar intervening feature - for which an applicant seeks approval as an Age-Restricted Residential Development pursuant to this section, shall contain a minimum of 150 acres. Once approved as an Age-Restricted Residential Development, the development must proceed as an integrated entity that must remain in perpetuity as a unified development subject to Restrictive Covenants and no portion of the property shall be sold, conveyed, or otherwise divided in a manner that would create a separate parcel independent from the Age-Restricted Residential Development, unless expressly authorized by subsequent amendment or approval under this section.
D.
Private recreational facilities proposed within the Age-Restricted Residential Development shall not satisfy the recreation requirements set forth in the Township Subdivision and Land Development Ordinance.[2] For Age-Restricted Residential Development, the recreation requirements shall be solely satisfied by payment of a fee-in-lieu of dedication at a rate as duly established and adopted by the Township.
[2]
Editor's Note: See Chapter 22, Subdivision and Land Development.
E.
An Age-Restricted Residential Development must be served with public water and public sanitary sewer.
4.
Pre-Application Sketch Plan Review (optional). The applicant for approval of an Age-Restricted Residential Development shall schedule a pre-application consultation, including a concept sketch plan, with appropriate Township staff. The submission of a preapplication consultation submission shall not be deemed to be the commencement of any time period for plan review as prescribed by law. The preapplication conference is intended to be advisory only and shall not bind the Township to approve any application for development.
5.
Use Regulations. The following use regulations shall apply for an Age-Restricted Residential Development.
A.
Residential Uses.
(1)
Single-family detached dwelling.
(2)
Single-family semi-detached dwelling.
B.
Nonresidential Uses.
(1)
Private community center for use by the residents of the Age-Restricted Residential Development or their invited guests.
(2)
Private outdoor recreation areas such as walking trails, pickleball/tennis courts, pools or similar facilities for use by the residents of the Age-Restricted Residential Development or their invited guests.
(3)
Private indoor recreation areas for use by the residents of the Age-Restricted Residential Development or their invited guests.
(4)
Private security office for use by the residents and employees of the Age-Restricted Residential Development or their invited guests.
(5)
Other similar uses for exclusive use by the residents of the Age-Restricted Residential Development or their invited guests.
(6)
Customary accessory uses and buildings incidental to any permitted uses.
6.
Use Distribution. The approval of all land development and or subdivision application(s) under this section shall be made contingent upon the inclusion of adequate development controls (such as permanent deed restrictions) that are designed to ensure the entire tract will be developed according to the following distribution of uses:
A.
Residential Use Distribution.
(1)
Single-Family Detached - minimum 70%.
(2)
Single-Family Semi-Detached - maximum 30%.
B.
Minimum Open Space Area. A minimum of 40% of the gross tract area shall be designated as common open space. Areas designated for private community centers and associated improvements and private outdoor recreation facilities as provided in Section 27-512(5)B(1) and (2) are considered common open space for purposes of this section. Area within stormwater management basins with impervious surfaces shall not be included in the calculation of common open space.
7.
Building Size and Standards.
A.
Non-Residential Buildings. Non-residential buildings, including a community center and similar structures, shall provide for a minimum of 5,000 square feet of gross floor area cumulative for any proposed buildings.
B.
Residential Buildings. All single-family detached and single-family semi-detached dwellings shall provide:
(1)
A private garage;
(2)
A minimum of 1,200 sq. ft. of interior area, inclusive of the private garage and any covered porches or decks.
8.
Accessory Structures. Fences and accessory structures are prohibited for residential uses within an Age-Restricted Residential Development.
9.
Perimeter Setbacks.
A.
Setback Distance. No dwelling shall be less than 50 feet from the property lines of an Age-Restricted Residential Development.
B.
Buffering Adjacent to Existing Roadways. Where a structure is proposed to back up to an existing Township, local or State roadway at the periphery of the development, a landscaped planting strip of at least 20 feet shall be provided within the required perimeter setback.
C.
Planting Requirements. The planting strip shall include a mix of deciduous and evergreen trees planted at a minimum rate of one deciduous tree per 50 feet and one evergreen tree per 50 feet. Trees may be grouped or staggered to enhance visual screening.
D.
Sight Distance Adjustments. Where a modification to the planting strip is necessary to maintain sight distance at intersections or driveways, required trees shall be relocated elsewhere within the planting strip.
E.
Design Considerations. Plantings shall be selected from a street/buffer tree listing approved by the Township. The planting strip shall be maintained by the Age-Restricted Residential Development homeowner's association.
10.
Maximum Density. The maximum residential density for an Age-Restricted Residential Development shall not exceed 2.5 dwelling units per gross acre.
11.
Lot and Area Regulations. For single-family detached and single-family semi-detached dwellings in an Age-Restricted Residential Development, no minimum lot size shall be required. The property may be developed in any manner permitted by this section, including as a planned community (under the Pennsylvania Planned Community Act)[3], a condominium (under the Pennsylvania Condominium Act)[4] or by fee simply subdivision. The following setbacks and building separations shall apply:
A.
Front Yard - 25 feet. The depth of the front yard setback shall be measured between the front building line and the street right-of-way line.
B.
Side Separation - 16 feet total between buildings, inclusive of any projections per Section 27-2008G.
C.
Side to Rear Separation - 30 feet.
D.
Rear to Rear Separation - 40 feet.
[3]
Editor's Note: See 68 Pa.C.S.A. § 5201 et seq.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3201 et seq.
12.
Coverage. The maximum total impervious coverage, including buildings, shall be 35% of the gross tract area.
13.
Parking and Outdoor Storage.
A.
Off-street parking shall be provided in accordance with Part 24 of this chapter except as modified below.
(1)
Overflow Parking. For single-family detached and single-family semi-detached dwellings, in addition to the required two exterior parking spaces per dwelling unit, additional overflow parking shall be required at a rate of one space per every four dwelling units. The overflow parking shall be readily accessible to the dwelling units and in no case shall a dwelling unit be separated by more than 600 feet from an overflow parking area.
B.
Unenclosed Storage. Outdoor storage or parking of recreational vehicles, boats, campers, trailers and commercial trucks is prohibited on streets, driveways, parking areas, grass and open space areas within an Age-Restricted Residential Development, except for the purpose of actively loading or unloading, which shall not exceed 24 consecutive hours within any seven-day period. Such vehicles must not obstruct traffic or create safety hazards during the loading and unloading time.
C.
On-street parking shall be prohibited on all arterial and collector streets within an Age-Restricted Residential Development.
14.
Required Declaration of Restrictive Covenants. In order for a tract to be developed as an Age-Restricted Development, the plan for the entire tract shall be approved as a single entity and must be subject to a recorded Declaration of Restrictive Covenants ("Declaration") approved by the Township. The Declaration shall provide that the restrictions of this § 27-512 of the Zoning Ordinance may not be terminated or modified without the recorded consent of the Township. Lots may be subdivided and sold as part of the overall land development plan. The existence of the Declaration must also be referenced in a plan note and in all deeds originally subdivided and sold from the overall plan. Said Declaration shall provide all of the restrictions necessary to assure compliance with the Federal Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Pub. L No. 100-430, 102 Stat. 1619), or as subsequently amended. The following are the minimum requirements for the Declaration:
A.
Provisions for the establishment of a Homeowners Association (HOA) or other similar entity as approved by the Township, with mandatory membership by the current owner of each dwelling unit represented in the land development plan.
B.
Parties to the Declaration of Restrictive Covenants shall be bound by all restrictions contained therein, and shall include, at a minimum, members of the aforementioned Association(s), developer and all landowners and, if the property is subject to one or more mortgages, joinders to the instrument representing consent of the mortgagees.
C.
Cross easements shall be included, which shall assure proper circulation throughout the development and access to all common recreation and open space areas, roadways and common parking areas. Although other provisions of the Declaration may be amended without the consent of the Township, the provisions of the Declaration relating to the requirements of this § 27-512 of the Zoning Ordinance may not be amended or terminated without the recorded consent of the Township Board of Commissioners.
D.
Maintenance provisions shall be included for any community recreation center and related facilities, other recreational facilities, circulation network, common parking areas, landscaping and all other areas not individually controlled by the homeowner in fee title.
E.
Provisions stipulating each lot owner/resident's rights with respect to common areas.
F.
Residency restrictions applicable to an Age-Restricted Residential Development shall be in accordance with the Federal Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (Pub. L No. 100-430, 102 Stat. 1619), or as subsequently amended.
G.
No lot or unit shall be transferred without the prior recording of a Declaration of Restrictive Covenants and reference thereto in the original deed from the developer.
H.
The development of a community center is for the exclusive use by residents of the Age-Restricted Residential Development or their invited guests.
I.
Provisions to ensure Township enforcement rights and imposition of liens on properties of the development for the common areas should they not be maintained in accordance with Township Ordinances.
