Nether Providence Township
City Zoning Code
City Zoning Code
ARTICLE XI
R-5a Apartment Districts
§ 300-54 Applicable regulations.
In R-5a Apartment Districts, the following regulations shall apply.
§ 300-55 Permitted uses; accessory uses.
A.
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and no other:
(1)
Single-family detached dwelling; educational, religious or philanthropic use, hospital or sanitarium, when authorized as a special exception; club or fraternity house, when authorized as a special exception; and municipal recreational use.
[Amended 7-13-1972 by Ord. No. 446; 1-16-1997 by Ord. No. 604; 6-10-1999 by Ord. No. 635]
(2)
Apartment house.
(3)
Townhouse.
[Added 12-10-1992 by Ord. No. 581]
B.
Accessory use regulations. The following accessory uses are permitted under the conditions specified. Unless indicated otherwise, no accessory use is permitted within a rear, side, front or court yard as required herein.
(2)
Storage garages. All storage for other than passenger vehicles shall be structurally enclosed.
(3)
Living accommodations for watchmen and caretakers employed upon the premises, provided that any such accessory living accommodation shall be located within an apartment house.
(4)
Laundry, provided that it is for the exclusive use of residents of the site.
(5)
Laundry drying areas, provided that they are screened from adjoining property and public view by a wall, fence or hedge.
(6)
Recreation building, eating or medical care facility, provided that it is for the exclusive use of residents of the site and their guests.
(7)
Swimming pools and patios or terraces, provided that safety and sanitary standards as specified by the Board of Commissioners are maintained.
(8)
Refuse collection centers accessible to the street system, provided that they are screened from adjoining property and public view by a wall, fence or hedge.
(9)
Any other uses that are similar to those set forth in this subsection and that are customarily incidental to an apartment house, subject to the approval of the Board of Commissioners.
§ 300-56 Space standards and requirements.
Each apartment house shall be provided with not less than the following space standards:
A.
Height and area requirements.
(1)
Maximum height. The maximum height of an apartment house shall be 35 feet, and not more than 2 1/2 stories or floors for human habitation. No accessory building shall exceed 20 feet in height.
[Amended 8-10-2006 by Ord. No. 711]
(2)
Maximum building length. In no case shall a wall of any one apartment house exceed 160 feet in length.
(3)
Minimum apartment size.
[Amended 7-6-1977 by Ord. No. 480]
(a)
No apartment shall be less than 800 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants. Apartments with two or three bedrooms shall be no less than 1,200 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants.
(b)
No townhouse shall be less than 1,200 square feet in net usable floor area, including partitions and walls and excluding areas of joint use with other occupants.
(4)
Minimum lot area and width. An apartment site shall be a lot not less than three acres in size and shall have a width at the building line of not less than 280 feet.
(5)
Determination of number of units.
[Amended 7-6-1977 by Ord. No. 480]
(a)
The number of apartments permitted on a lot shall be determined according to the following schedule: There shall be no more than 10 apartment units per acre. Not more than 1/2 of the total apartment units shall have two bedrooms or more; furthermore, not more than 1/10 of the total apartment unit shall have three bedrooms.
(b)
There shall be no more than six townhouse dwelling units per acre.
(6)
Floor use restriction. Apartments shall be permitted only on any floor where the apartment floor is completely above grade at one exterior wall.
(7)
Bedroom restriction. Not more than three bedrooms shall be permitted in any one apartment.
(8)
Maximum lot coverage. Not more than 15% of the lot area may be covered by buildings used for human occupancy.
(9)
Yards.
(a)
Front yards.
[1]
There shall be a front yard not less than 75 feet in depth between any apartment house or accessory building wall and any public street.
[2]
Whenever a service entry to an apartment house faces a public street lying within 100 feet of the entry, there shall be a continuous vision-screening wall, fence or hedge not less than six feet in height between the public street and the apartment house.
(b)
Side and rear yards.
[1]
There shall be side and rear yards not less than 50 feet in depth.
[2]
Whenever a service entry to an apartment house faces a dwelling on an adjacent lot within 100 feet, there shall be a continuous vision-screening wall, fence or hedge not less than six feet in height between the adjacent dwelling lot and the apartment entry.
(c)
Inner courtyards.
[1]
Whenever a two- or two-and-one-half-story apartment house faces on a rectangular inner court, the minimum width and length of the court shall be 60 feet. When all apartment houses facing on a rectangular inner court are one story in height, the minimum width and length of the court shall be 40 feet.
[2]
All such courts shall have a minimum of four openings permitting access from outside the building groups into the court. These openings shall be at least 10 feet in width between buildings and may be covered by a roof, but not by any other part of a building, and shall be of sufficient size to permit access to courtyards by emergency vehicles, including fire vehicles.
[Amended 12-10-1992 as Ord. No. 581]
(d)
Outer courtyards. The minimum width of any outer court shall be 40 feet, and its depth shall not exceed its width.
(e)
Special conditions.
[1]
No building intended for human occupancy on any lot shall intrude into the area enclosed by the arc of a circle with a radius of 60 feet extending 45º on each side of a line perpendicular to the center of any window other than a bathroom, bedroom or kitchen window. If both buildings involved are one story in height, the radius of the circle may be reduced to 40 feet. This limitation shall not apply to any wall of the same or another building, the plane of which intersects the plane of the wall in which the window is mounted at an exterior angle of 90º or more.
[2]
No window of an apartment shall be so situated such that the projection of a line perpendicular to the wall within which said window is mounted from any point within the jambs of said window or within four feet outside the jambs of said window shall intersect the wall of the same or another apartment house within 40 feet.
[3]
In no case shall the wall of an apartment house be less than 10 feet from the wall of the same or another apartment house measured along any line perpendicular to either wall.
[4]
In no case shall the wall of any detached accessory building be less than 20 feet from the wall of any apartment house measured along any line perpendicular to either wall.
[5]
The front of any apartment shall not face the rear of any other apartment unless the distance between the apartments is at least 60 feet and the service entries are screened by a continuous wall or fence at least six feet high
(10)
Use of the open space.
(a)
No more than 60% of the lot area may be occupied by a combination of buildings, streets, driveways and parking areas.
(b)
Of the minimum requirement of 40% open space, a minimum of 50% must be suitable for such recreation purposes as a tot-lot, sitting area and suitable games and similar activities.
[Amended 12-10-1992 as Ord. No. 581]
B.
Other requirements.
(1)
A landscaped planting area shall be provided and maintained along any property line, other than in a street, which the lot abuts, of not less than 15 feet in depth. The landscaping shall be permanent and designed for screening from view residential, commercial and industrial uses which are adjoining and contiguous to the apartment house project. Continuous hedges may not be used except in connection with play areas and then only when kept low and having an acceptable appearance.
[Amended 12-10-1992 as Ord. No. 581]
(2)
Areas for the deposit, retention and disposal of waste materials shall be screened from view.
(3)
No building shall be located on land subject to flooding.
(4)
The developer shall be required, where possible, to preserve or incorporate natural features, such as woods, streams and open space areas, which add to the overall cohesive development of the apartment house district and overall Township development.
(5)
The developer shall be encouraged to give consideration to the provision of community areas, laundry facilities, playgrounds, open space and tot-lots and other services necessary for the comfort and convenience of garden apartment residents.
(6)
All roof, parking and delivery collection areas and traveling lanes shall be provided with drainage facilities to collect, transport and deliver, via underground conduits, storm- or surface waters to the nearest storm sewers or stream as approved by the Township Engineer.
(7)
The developer shall be required to plant street trees abutting each street or road and trees for shade and beautification within a lot.
§ 300-57 Fire, street and parking requirements.
[Amended 12-10-1992 as Ord. No. 581]
Each apartment house site shall provide the following fire, street and parking requirements:
A.
Fire lanes.
(1)
No apartment shall be located more than 150 feet from a duly improved and accessible fire lane, as defined herein, nor more than 600 feet from a duly dedicated, accessible and improved public street. If any apartment is located further than 600 feet from a public street, then a subdivision plat must be filed and approved by the Board of Commissioners before a building plan shall be considered for approval.
(2)
Fire lanes shall have a minimum unobstructed right-of-way width of 40 feet, and there shall be constructed within this right-of-way an all-weather and well-drained surfaced cartway with a minimum width of 20 feet. The extension of fire lanes shall begin from one or more existing and improved public streets.
(3)
Fire lanes which curve, turn or change direction shall have a minimum radius of 55 feet at the edge of the pavement. Fire lanes containing reverse curves shall have a minimum center-line tangent length of 50 feet between curves.
(4)
Dead-end fire lanes shall be terminated with an unobstructed vehicular turnaround or cul-de-sac with a minimum right-of-way radius of 45 feet and shall have a minimum surfaced radius of 35 feet. Dead-end fire lanes shall have a maximum length of 400 feet.
(5)
The location of fire lanes shall conform to plans for the extension of streets, sanitary sewers, water mains, storm sewers and other drainage facilities and public utilities as contained in this chapter and other ordinances of the Township of Nether Providence and shall provide adequate access to buildings by firemen and other emergency services.
B.
Private streets. Private streets or lanes, where not required for use as fire lanes as specified herein, may have a minimum right-of-way width of 25 feet and a minimum cartway width of 18 feet. The location and use of private streets or lanes is subject to the approval of the Board of Commissioners.
C.
Driveways and off-street parking.
(1)
All driveways shall conform to the standards specified above for private streets.
(2)
Parking spaces shall be provided according to the number of bedrooms per apartment as indicated below:
Bedrooms per Apartment | Required Parking Space per Apartment |
|---|---|
1 | 1 1/2 |
2 | 2 |
3 | 2 1/2 |
(3)
Each such parking space shall provide a minimum of 200 square feet of off-street paved parking surface, exclusive of the space needed for access and maneuvering. Such off-street parking space may be provided as an individual garage or carport or a parking compound adjacent to or near the apartment it serves but not closer than 20 feet to an apartment wall containing windows or 10 feet to a blank wall, except when located within the apartment house. A maximum of 40 individual parking spaces may be placed together in a parking compound. All such compounds of parking spaces must be separated by a planting strip not less than 10 feet in width. Parking access shall be screened by a substantial wall, fence, thick hedge or other equivalent visual screen with a height of not less than six feet and approved by the Board of Commissioners. No parking space shall be located within 10 feet of any lot line inside or near yards or within any front yard, except that parking areas may be located within 10 feet of front lot lines, provided that the parking areas are screened by a continuous wall, hedge, shrubbery, landscaped grade changes or other equivalent visual barrier not less than six feet high and interrupted only at entrances and exits.
(4)
The minimum required parking spaces shall not be met by permitting on-street parking on any street, whether public or private.
(5)
All streets, driveways and parking areas are to be properly lighted to assure safe driving conditions at night and security for the residents. Such lighting is to be planned so as not to create a nuisance for residents of adjacent lots.
D.
No driveway, private street or fire lane shall be located within 10 feet of any lot line, except where required to provide access to and from a public street.
E.
Parking, delivery/collection areas and traveling lanes on each lot shall be paved with at least a four-inch stone base and at least one-and-one-half-inch bituminous concrete wearing surface or other types of construction as may be approved by the Township Engineer. Concrete curbs shall be constructed in connection with each parking area, delivery/collection area or traveling lane.
§ 300-58 Utilities and drainage facilities.
The following utilities and drainage facilities are required for each apartment house or group of apartment houses:
A.
Utilities.
(1)
All utility connections are to be installed underground unless special conditions require otherwise, subject to the approval of the Board of Commissioners.
(2)
Where required, easements across lots centered on rear or side lot lines shall be provided for utilities and shall be at least 10 feet wide.
(3)
Water supply and sewage disposal must be furnished in accordance with the requirements specified by the appropriate state, county and Township officials.
B.
Drainage.
(1)
All areas on the site shall be properly graded to provide adequate drainage.
(2)
Where the site is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially to the lines of such watercourse, but not less than 10 feet wide, and of ample width to carry anticipated flows from the one-hundred-year storm. Those areas occupied by required easements that are not within a stream channel and are suitable for recreational purposes may qualify as usable open space, subject to the approval of the Board of Commissioners.
[Amended 12-10-1992 as Ord. No. 581]
§ 300-59 Filing of development.
[Amended 12-10-1992 as Ord. No. 581]
The developer shall submit to the Secretary of the Board of Township Commissioners 10 copies of the plan of the apartment development proposed in the form prescribed and all in accordance with the Subdivision and Land Development Ordinance,[1] together with the supplemental data required thereby. The plans will be processed by the Township in accordance with the requirements of the Pennsylvania Municipalities Planning Code (MPC)[2] relating to land development.[3]