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New Garden Township
City Zoning Code

ARTICLE VI

R-3 Toughkenamon Residential District

§ 200-26 Statement of intent.

In addition to the general goals listed in the statement of purpose and community development objectives in Article I, the R-3 District is established to:
A. 
Encourage residential development that provides for higher densities and a variety of housing types in a village setting;
B. 
Provide for a mix of neighborhood-type commercial uses that provide for the daily needs of the local residents and are compatible with the residential uses in the area;
C. 
Ensure compatibility between existing and future uses and lot patterns;
D. 
Preserve and expand the existing traditional development pattern of Toughkenamon; and
E. 
Assist in the conversion of discontinued or unused mushroom production facilities to uses that are compatible with those permitted in the R-3 District.

§ 200-27 District location criteria.

In addition to fulfilling the Intent of this District, the R-3 Toughkenamon Residential District shall be located or expanded to areas that:
A. 
Comply with recommendations outlined in the New Garden Township Comprehensive Plan, Future Land Use Plan;
B. 
Allow higher density residential uses to be compatible with surrounding or adjacent development within the Village of Toughkenamon; and
C. 
Have a sufficient amount of land to accommodate necessary expansion of the Toughkenamon residential area.

§ 200-28 Use regulations.

[Amended 8-13-2001 by Ord. No. 142; 10-24-2011 by Ord. No. 188; 10-24-2011 by Ord. No. 189; 8-18-2014 by Ord. No. 212; 12-21-2020 by Ord. No. 245]
In the R-3 Toughkenamon Residential District, the following regulations shall apply:
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:
(1) 
Single-family detached dwelling.
(2) 
Single-family semidetached dwelling (public water and sewer only).
(3) 
Park, playground, athletic field, recreation building, and community center operated on a noncommercial basis for recreational purposes.
(4) 
Family day-care home in accordance with the provisions set forth in § 200-121.
(5) 
Bed-and-breakfast facility in accordance with the provisions set forth in § 200-123.
(6) 
New Garden Township municipal use.
(7) 
Accessory residential uses, including:
(a) 
Minor home occupation according to § 200-124.
(b) 
Private swimming pool.
(c) 
Accessory apartment according to § 200-115.
(d) 
Renewable energy facility in accordance with the provisions of § 200-127.
(e) 
Accessory building and structure, residential.
B. 
Conditional uses. Only one of the following uses may be permitted per lot in the R-3 Zoning District as a conditional use when authorized by the Board of Supervisors, subject to the standards of this section and Article XIX of this chapter:
(1) 
Town development option in accordance with § 200-32.
(2) 
Single-family attached dwelling or townhouse as part of a town development option.
(3) 
Church or similar place of worship, seminary, convent, rectory, or parish house or Sunday school building.
(4) 
Day-care facility, subject to the provisions of § 200-121.
(5) 
Group day-care home in accordance with the provisions set forth in § 200-121.
(6) 
Personal service shop.
(7) 
Retail stores with total floor area less than 2,000 square feet.
(8) 
Restaurants that do not provide drive-through service.
(9) 
Hardware store.
(10) 
Individual offices.
(11) 
Financial institution.
(12) 
Public or private school.
(13) 
Major home occupation according to § 200-124.
(14) 
Solar energy facility with an array area greater than 1,000 square feet, in accordance with the provisions of § 200-127.

§ 200-29 Area and bulk regulations.

[Amended 8-18-2014 by Ord. No. 212; 12-21-2020 by Ord. No. 245]
The following area and bulk regulations shall be observed:
A. 
For single-family detached dwellings.
With Public Water and Sewer Facilities
With On-Lot Water and Sewer Facilities
Minimum lot size
10,000 square feet
1 acre
Minimum lot width
At building line (feet)
70
150
At street line (feet)
60
100
Maximum coverage
Building
30%
10%
Lot
50%
15%
Minimum setbacks
Front yard (feet)
20, except as provided for under § 200-29
20, except as provided for under § 200-29
Side yard (feet)
10
25
Rear yard (feet)
20
25
Maximum building height
3 stories, not to exceed 40 feet
3 stories, not to exceed 40 feet
B. 
For single-family semidetached dwellings.
With Public Water and Sewer Facilities
Minimum lot size
5,000 square feet
Minimum lot width
At building line (feet)
45
At street line (feet)
35
Maximum coverage
Building
30%
Lot
55%
Minimum setbacks
Front yard (feet)
20, except as provided for under § 200-29
Side yard (feet)
10
Rear yard (feet)
20
Maximum building height
3 stories, not to exceed 40 feet
C. 
All other uses.
With Public Water and Sewer Facilities
With On-Lot Water and Sewer Facilities
Minimum lot size
20,000 square feet
1 acre
Minimum lot width
At building line (feet)
80
150
At street line (feet)
80
100
Maximum lot coverage
50%
15%
Minimum setbacks
Front yard (feet)
30
30
Side yard (feet)
25
25
Rear yard (feet)
20
30
Maximum building height
3 stories, not to exceed 40 feet
3 stories, not to exceed 40 feet
D. 
Accessory buildings and structures, residential.
(1) 
Accessory buildings and structures, residential, including residential storage sheds greater than 120 square feet in area, shall have a minimum setback of 10 feet from side and rear lot lines and shall not be permitted anywhere within the front yard area.
(2) 
Residential storage sheds 120 square feet or less in area shall have a minimum setback of five feet from side and rear lot lines and shall not be permitted anywhere within the front yard area.
(3) 
Accessory retaining, landscaping and ornamental walls shall have a minimum setback equal to the height of the wall from the ultimate right-of-way of public roads and property lines. Ornamental walls and fences located in the front yard shall have a maximum height of 42 inches.
E. 
Area and bulk regulations for development under the town development option can be found in § 200-32 of this article.

§ 200-30 Flexible front yard setback standards.

The minimum front yard setback for residential uses in the R-3 Residential District may be reduced according to the following regulations:
A. 
When a residential use is proposed, the minimum front yard setback may be determined by averaging the setbacks of adjacent existing dwellings.
B. 
When two or more residential dwellings are proposed as part of the same application, front yard setbacks may be determined by the following:
(1) 
The average front yard setback for all proposed dwellings shall be not less than 20 feet.
(2) 
No individual dwelling shall have a front yard setback less than 15 feet.
C. 
Where the front yard setback is determined using the regulations of Subsection B, parking shall be required in the side or rear yard, unless otherwise regulated by New Garden Township.

§ 200-31 Design standards, guidelines, and bonus provisions.

[Amended 8-18-2014 by Ord. No. 213; 12-21-2020 by Ord. No. 245]
The following design standards shall apply for all uses within the R-3 Residential District:
A. 
Screening as regulated by § 200-100.
B. 
In addition to storage as regulated by § 200-104, regulating storage, the following shall apply in the R-3 Residential District:
(1) 
Outdoor storage shall be prohibited between the street and the building.
(2) 
Outdoor storage shall not occupy vehicle parking or drive aisles.
(3) 
Outdoor storage shall be totally screened from view from streets and property lines.
C. 
Landscaping as regulated by § 200-101.
D. 
Interior circulation and emergency access as regulated by § 200-103.
E. 
Lighting as regulated by § 200-106.
F. 
Off-street loading requirements as regulated by § 200-107.
G. 
Access and traffic control as regulated by § 200-102.
H. 
Parking for uses in the R-3 District shall comply with the regulations set forth in § 200-109.
I. 
Performance standards as regulated by § 200-110.
J. 
Streets and alleys. New streets and alleys shall be arranged according to the following:
(1) 
Streets shall provide access to all new and existing uses, structures, or lots.
(2) 
Streets shall be designed in such a manner to allow for logical future expansion of the street pattern.
(3) 
The location of streets shall comply with all regulations of New Garden Township, including the Subdivision and Land Development Ordinance[1] and the New Garden Township Official Map.
[1]
Editor's Note: See Ch. 170, Subdivision and Land Development.
(4) 
Where required by the Board of Supervisors, alleys shall be used to provide access to the rear of properties in accordance with the Subdivision and Land Development Ordinance.
K. 
Pedestrian access as regulated by § 200-105.
L. 
Residential off-street parking requirements as regulated by § 200-108.
M. 
Signs as regulated by § 200-112. Approved commercial uses within the R-3 District shall follow the sign regulations contained in § 200-112D(3), except that any freestanding signs shall have a maximum height of 80 inches.
N. 
Tree conservation and replacement as regulated by § 200-113.
O. 
Design guidelines.
(1) 
There shall be a maximum of five single-family attached dwellings in a group. Where there are more than three attached dwellings in a grouping, individual units shall be offset from those on either side by a minimum of three feet.
(2) 
New buildings should have a maximum continuous facade of 100 feet. Where a building or attached buildings create a continuous facade along the street line of greater than 60 feet, the facade should incorporate recesses or projections with a minimum depth of three feet and an average of every 20 feet.
(3) 
Rooflines.
(a) 
New buildings should have varied rooflines through the use of dormers, gables, turrets, and the like. Where a building or attached buildings create a continuous facade along the street line of 25 feet or greater, such roof shall have variation from adjoining or neighboring buildings through the use of dormers, gables, turrets and the like. The roofline of attached buildings, such as townhouses, should be offset horizontally from neighboring units by a minimum of one foot.
(b) 
Flat roofs should be avoided. Where a flat roof is necessary, staggered wall heights and the use of parapets to create visual interest.
(4) 
New buildings along Newark Road and Baltimore Pike should have a minimum window to wall ratio of 60% for the ground floor.
(5) 
All walls should have window and/or door openings. Blank walls are prohibited. These window and door openings should be comparable to the other buildings in the Village in terms of number, spacing, and vertical or horizontal proportions.
(6) 
Building materials, colors and textures should reflect those historically found in the Village.
(7) 
New residential buildings should incorporate front porches, cornices and other architectural details similar to those seen throughout the R-3 District.
(8) 
Garages shall be located to the side or rear of a residence or mixed-use building. Where located to the side, they shall be set back from the plane of the front facade by a minimum of 15 feet.
(9) 
Ground level building utilities shall be screened from view by fencing and/or landscaping.
(10) 
For developments over three acres in size, the required 20% open space should include a green, plaza or courtyard open to the general public. Such green should have a minimum size of 6,500 square feet and shall not be sloping greater than 5%.
(11) 
For any conditional use development which meets the design guidelines in § 200-31O(1) through (11) above, the maximum lot coverage may be increased to 75% of the lot area.

§ 200-32 Town development option.

[Amended 12-21-2020 by Ord. No. 245]
A. 
Town development option criteria. Tracts, parcels, or lots shall be permitted to follow the regulations of this section, waiving the area and bulk standards of § 200-29, provided the following criteria is met:
(1) 
The original tract, parcel, or lot shall be no less than 3/4 of one contiguous acre.
(2) 
Public water and public sewer facilities shall be used to service all new lots, uses or structures.
(3) 
The layout of the proposed lots and streets shall be in conformity with the New Garden Township Official Map and all plans established by said map.
(4) 
The traditional neighborhood development pattern, consisting of shallow setbacks, grid street design, and a mix of uses is continued.
(5) 
Twenty percent of the original tract, parcel, or lot shall be preserved as open space, except that the Township may accept a fee in lieu of dedicated land in accordance with § 170-46 of the Subdivision and Land Development Ordinance.
B. 
Uses permitted. Uses permitted in accordance with the provisions of this section shall be the same as those otherwise permitted in the R-3 District.
C. 
Area and bulk standards. The following area and bulk standards shall be permitted in the R-3 District in accordance with the provisions of this section:
(1) 
Single-family detached dwelling.
(a) 
Minimum lot size: 6,000 square feet.
(b) 
Minimum lot width.
[1] 
At building line: 60 feet.
[2] 
At street line: 50 feet.
(c) 
Maximum coverage.
[1] 
Building: 30%.
[2] 
Lot: 50%.
(d) 
Minimum setbacks.
[1] 
Front yard: 20 feet, except as provided for under § 200-30.
[2] 
Side yard: 10 feet.
[3] 
Rear yard: 20 feet.
(e) 
Maximum building height: three stories not to exceed 40 feet.
(2) 
Single-family semidetached dwelling.
(a) 
Minimum lot size per unit: 5,000 square feet.
(b) 
Minimum lot width.
[1] 
At building line: 45 feet.
[2] 
At street line: 35 feet.
(c) 
Maximum coverage.
[1] 
Building: 30%.
[2] 
Lot: 55%.
(d) 
Minimum setbacks.
[1] 
Front yard: 20 feet, except as provided for under § 200-30.
[2] 
Side yard: 10 feet for unattached side.
[3] 
Rear yard: 20 feet.
(e) 
Maximum building height: three stories not to exceed 40 feet.
(3) 
Single-family attached dwellings.
(a) 
Minimum lot size per unit: 2,000 square feet.
(b) 
Minimum lot width.
[1] 
At building line: 20 feet.
[2] 
At street line: 20 feet.
(c) 
Maximum coverage.
[1] 
Building: 35%.
[2] 
Lot: 55%.
(d) 
Minimum setbacks.
[1] 
Front yard: 20 feet, except as provided for under § 200-30.
[2] 
Side yard: 15 feet for end units.
[3] 
Rear yard: 20 feet.
(e) 
Maximum building height: three stories not to exceed 40 feet.
(4) 
All other uses.
(a) 
Minimum lot size: 10,000 square feet.
(b) 
Minimum lot width.
[1] 
At building line: 60 feet.
[2] 
At street line: 60 feet.
(c) 
Maximum lot coverage: 50%.
(d) 
Minimum setbacks.
[1] 
Front yard: 20 feet.
[2] 
Side yard: 25 feet.
[3] 
Rear yard: 30 feet.
(e) 
Maximum building height: three stories not to exceed 40 feet.