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New Garden Township
City Zoning Code

ARTICLE IV

R-1 Low Density Residential District

§ 200-16 Statement of intent.

In addition to the general goals listed in the statement of purpose and community development objectives in Article I, the R-1 Low Density Residential District is intended to:
A. 
Provide for residential development at a density that maintains a rural, open character and continues to rely upon on-site facilities;
B. 
Allow opportunities for flexibility in design through the use of lot averaging and clustering provisions;
C. 
Provide for adequate housing opportunities by allowing a variety of housing choices;
D. 
Provide sufficient light, air and privacy through the adequate regulation of building density and placement and size; and
E. 
Encourage the preservation of agricultural land and open space through clustering and other design options.

§ 200-17 District location criteria.

In addition to fulfilling the intent of the district, the R-1 Low Density Residential District shall be located or expanded to:
A. 
Fulfill the recommendations established in the Township Comprehensive Plan;
B. 
Incorporate areas where the primary uses are agricultural and residential in nature; and
C. 
Provide sufficient land area to accommodate anticipated future Township residential population.

§ 200-18 Use regulations.

A. 
Uses by right. A building may be erected, altered or used and a lot or premises may be used, by right, for any one of the following purposes and no other, in accordance with the regulations set forth in this article:
(1) 
Single-family detached dwelling.
(2) 
Agricultural use in accordance with § 200-117.
[Amended 4-25-2016 by Ord. No. 217]
(3) 
New Garden Township municipal use.
(4) 
Conservation use.
(5) 
Public or private park.
(6) 
Golf course or country club.
(7) 
The following accessory uses:
(a) 
Residential garage.
(b) 
Residential pool.
(c) 
Minor home occupation.
(d) 
Renewable energy facility in accordance with the provisions of § 200-127.
[Added 10-24-2011 by Ord. No. 189]
(e) 
Accessory building and structure, residential.
[Added 8-18-2014 by Ord. No. 212]
(8) 
Residential cluster development in accordance with Article XV.
[Amended 8-13-2001 by Ord. No. 142]
B. 
Uses by special exception. Only one of the following uses may be permitted per lot in the R-1 Low Density Residential District when approved by the Zoning Hearing Board as a special exception subject to the standards of this section and Article XX of this chapter:
[Amended 8-13-2001 by Ord. No. 142]
(1) 
Temporary carnival, fair, circus or other temporary outdoor social affair.
(2) 
Bed-and-breakfast, subject to the provisions of § 200-123.
(3) 
Solar energy facility with an array area greater than 1,000 square feet, in accordance with the provisions of § 200-127.
[Added 10-24-2011 by Ord. No. 189]
C. 
Conditional uses. Only one of the following uses may be permitted per lot in the R-1 Residential District when approved by the Board of Supervisors as a conditional use subject to the standards of this section and Article XIX of this chapter:
[Amended 8-13-2001 by Ord. No. 142]
(1) 
Lot averaging in accordance with § 200-111.
(2) 
Sanitary landfill subject to the provisions of § 200-135.
(3) 
Campground.
(4) 
Radio, television, communication, microwave or similar transmission tower in accordance with Article XVII of this chapter.
(5) 
Church or school.
(6) 
Commercial composting in accordance with Article XVII, § 200-120.
[Amended 4-25-2016 by Ord. No. 217]
(7) 
Major home occupation, subject to the provisions of § 200-124.

§ 200-19 Area and bulk regulations.

The following area and bulk requirements shall be applied to all uses permitted in the R-1 District by right, special exception, and conditional use:
A. 
Lot and yard requirements.
[Amended 8-18-2014 by Ord. No. 212]
Use
Minimum Lot Area
(acres)
Minimum Front Yard
(feet)
Minimum Rear Yard
(feet)
Minimum Side Yard
(feet)
Single-family detached dwelling unit
1
50
50
25
Accessory building and structure, residential (including residential storage sheds greater than 120 square feet in area)
1
50
20
15
Residential storage shed 120 square feet or less (when placed to rear of residential building)
1
50
5
5
Accessory retaining, landscaping and ornamental walls
Minimum distance equal to wall height from ultimate right-of-way of public roads and property lines
Public and private recreational use
2
50
50
25
Agricultural buildings:
5
100
100
100
Keeping livestock or poultry
5
100
100
100
Intensive feed lot
5
100
100
100
Public or private park
3
50
50
25
Golf courses or country club
100
50
50
25
All other uses
1
50
50
25
B. 
Minimum lot width.
(1) 
Minimum lot width shall be 150 feet measured at both the street right-of-way line and the building setback line.
(2) 
Minimum lot width on a cul-de-sac shall be 50 feet on the turnaround portion measured at the street line, and shall be a minimum of 150 feet at the setback line.
C. 
Maximum height of structures. All structures, except farm-related structures, shall not exceed 40 feet as measured to the highest point of elevation.
D. 
Impervious coverage provisions.
(1) 
Unless otherwise stated in this chapter, total lot coverage for uses in the R-1 District, which shall include all ground covered by buildings, sidewalks, and parking areas, shall not exceed 35%.[1]
[1]
Editor's Note: Former Subsection D(2). regarding lot coverage provisions for agricultural uses, was repealed 11-12-2007 by Ord. No. 175.

§ 200-19.1 Design standards.

[Added 8-18-2014 by Ord. No. 213]
All development within the R-1 Low Density Residential District shall adhere to the design standards set forth in Article XVI of this chapter.