Newtown Township City Zoning Code
ARTICLE VI
R-1 Residence Districts
§ 172-29 Use regulations; lot and area requirements.
In R-1 Residence Districts, there are numerous regulations and definitions within this chapter that will also apply, including but not limited to such things as corner lots, accessory buildings, swimming pools, fences and many others. The requirements of this chapter and all other rules and regulations incorporated herein apply to each of the zoning districts. Please review the definitions and Table of Contents[1] to investigate any other potential application of this chapter to your specific issue. In addition to these other requirements, the following regulations apply to this zoning district:
A.
Permitted uses.
(1)
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(a)
Single-family detached dwelling.
(b)
Public school, parochial school, nonprofit school, church, religious use or philanthropic use when authorized as a special exception, when residential clientele are included, only if determined by the Board of Supervisors, in its sole and unconditional discretion, to be a harmonious and compatible use, and when authorized as a conditional use. "Residential clientele," for purposes of this section, means persons using the facility for overnight occupancy, other than staff members.
(c)
Nonprofit club when authorized as a special exception, when residential clientele are included, only if determined by the Board of Supervisors, in its sole and unconditional discretion, to be a harmonious and compatible use, and when authorized as a conditional use. The operation of a club principally as a business is prohibited. "Residential clientele," for purposes of this section, means persons using the facility for overnight occupancy, other than staff members.
[Amended 11-11-1985 by Ord. No. 1985-13]
(d)
Tilling of soil.
(e)
Municipal building and municipal use.
(f)
[2]Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses and not seriously detrimental to a residential neighborhood. The term "accessory use" does not include a business use but includes:
[1]
One-story garages, provided that an additional story may be added when authorized as a special exception. See also § 172-103.
[2]
Professional offices when authorized as a special exception. See § 172-14.
[Amended 9-8-1980 by Ord. No. 1980-16]
[3]
Other no-impact home occupations permitted by special exception in accordance with the provisions of § 172-101.
[4]
Parking in accordance with Article XXIV, provided that no private driveway or off-street parking area shall be used for the storage or parking of any commercial vehicle, except in such cases when construction or other work is being done on the premises or the parking or storage is of a temporary nature. For the purpose of this section, "storage or parking" and "nontemporary nature" shall be defined as the leaving of such vehicle or truck unattended for a period in excess of two hours.
[Added 11-25-1996 by Ord. No. 1996-2]
[5]
Accessory buildings in accordance with § 172-103. A building or use which satisfies the definition of "accessory building" or "accessory use" may not be a principal use on a lot. Where an owner or applicant owns or controls adjoining parcels and wishes to place an accessory building on the separate parcel, this may only be done by consolidating the said parcels within a deed so that the accessory use or building is in fact accessory to the principal use on the consolidated lot and not a principal use on a separate tax folio.
[7]
Domestic and other animals.
[a]
Cats, dogs, birds and other domesticated animals may be kept in any residential district, except that all such animals must be kept on the premises in a fenced space unless on a leash.
[b]
All horses, livestock and poultry may be kept so long as suitable shelter is provided in a fenced space and so long as the shelter is no less than 50 feet from any street line or property line. Horses may be kept in a ratio of one horse to every two acres so long as an adequate stable is provided and the space wherein the horse(s) are kept is fenced and the shelter is no closer than 50 feet from any street line or property line.
[2]
Editor’s Note: Former Subsection A(1)(f), Cluster development communities, was repealed 9-10-2018 by Ord. No. 2018-05. This ordinance also redesignated former Subsection A(1)(g) as Subsection A(1)(f).
B.
Frontage and area regulations.
[Amended 1-7-1991 by Ord. No. 1991-1]
(1)
Lot area and frontage.
(a)
A lot area of not less than 60,000 square feet shall be provided for every building hereafter erected or used, in whole or in part, as a dwelling. Such lot shall have a frontage of at least 175 feet.
(b)
Whenever the Board of Supervisors, after a public hearing for which notice of the time and place of the hearing has been given by posting at the Township Municipal Building and by publishing notice once each week for two successive weeks in a newspaper of general circulation in the Township, finds that the grade of the ground, its terrain or its shape is such that lots cannot be developed without creating an undue hardship, the Board of Supervisors may reduce the lot frontages and the square foot requirements, provided that the lot frontages are not less than 150 feet and that the lots in the tract of ground under subdivision average not less than 60,000 square feet.
[Amended 11-14-1994 by Ord. No. 1994-4]
(2)
Contiguous buildable lot area. The minimum contiguous lot area shall consist of not less than 30,000 square feet.
(3)
Building area. The building area shall not exceed 15% of the lot area.
(4)
Total impervious surface shall not exceed 25% of lot area.
(5)
Front yard. There shall be a front yard on each street on which a lot abuts, which shall be not less than 75 feet in depth.
(6)
Side yards. There shall be two side yards which shall be not less than 85 feet in aggregate width, and neither of which shall be less than 40 feet in width. See also § 172-107.
(7)
Rear yard. There shall be a rear yard on each lot which shall not be less than 50 feet in depth.
(8)
Driveways and/or parking spaces shall be no closer than five feet from any property line.
C.
Regulations for nonresidential uses in residential districts.
[Added 9-11-2000 by Ord. No. 2000-4]
[1]
Editor's Note: See the scheme at the beginning of this chapter.
§ 172-30 Nonseverability of certain sections.
[Amended 11-11-1985 by Ord. No. 1985-13]
It is the intent of this section that § 172-29A(1)(b) and (c), (2) and (3) and §§ 172-21 and 172-22 shall not be severable, and therefore, if any of § 172-29A(1)(b) and (c), (2) and (3) shall be determined to be illegal by virtue of the discretion vested in the Board of Supervisors or for any other reason, then uses defined as "conditional uses" herein shall not be permitted uses in residence zones. In such event, the rights of any then-existing such uses shall be defined by the laws applicable to nonconforming uses.