Zoneomics Logo
search icon

Newtown Township City Zoning Code

ARTICLE IX

R-3 Residence Districts

§ 172-34 Use regulations; lot and area requirements.

In R-3 Residence Districts, there are numerous regulations and definitions within this chapter that will 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. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(1) 
Any use permitted in R-2 Residence Districts.
(2) 
The open space option, in accordance with Articles IV and XXA of this chapter.
[Added 8-14-1995 by Ord. No. 1995-6]
(3) 
The provisions of § 172-29A(1), (2) and (3) also apply.
B. 
Frontage and area regulations.
[Amended 1-7-1991 by Ord. No. 1991-1]
(1) 
Lot area and frontage. A lot area of not less than 12,000 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 80 feet. See also §§ 172-107, 172-110 and 172-112.
(2) 
Contiguous buildable lot area. The minimum contiguous lot area shall consist of not less than 6,000 square feet.
(3) 
Building area. Building area shall not exceed 20% of the lot area.
(4) 
Impervious surface shall not exceed 40%.
(5) 
Front yard. There shall be a front yard on each street on which a lot abuts which shall be not less than 45 feet in depth. See also §§ 172-107, 172-110 and 172-112.
(6) 
Side yard. There shall be two side yards which shall not be less than 35 feet in aggregate width, and neither of which shall be less than 15 feet in width. See also §§ 172-107 and 172-109.
(7) 
Rear yard. There shall be a rear yard on each lot which shall not be less than 25 feet in depth.
(8) 
Driveways and/or parking spaces shall be no closer than five feet from any property line.
(9) 
Building height shall be no more than 35 feet, as measured in accordance with Article I, § 172-2, Definitions, and shall be constructed not to exceed 2 1/2 stories because of density in the R-3 District.
[Added 5-24-2010 by Ord. No. 2010-03]
C. 
Regulations for nonresidential uses in residential districts.
[Added 9-11-2000 by Ord. No. 2000-4]
(1) 
General regulations.
(a) 
A fifty-foot special or primary buffer shall be installed between any proposed nonresidential use and a residential use or zoning district. The buffer shall conform to the requirements of § 104-14D of Chapter 104, Natural Features and Landscaping, of the Code of the Township of Newtown.
(b) 
The maximum impervious area permitted is 50% of the lot area, exclusive of the road rights-of-way.
(2) 
Parking lot paving setback.
(a) 
There shall be no parking or paving permitted in the required front yard except to provide an access drive to the site.
(b) 
There shall be no parking or paving permitted from the lot line to 1/2 the distance to the nearest building in the required side or rear yard.
D. 
An existing building may be used as a cellular communications facility by conditional use.
(1) 
Purposes. Purposes shall be as follows:
(a) 
To further accommodate the need for cellular communications antennas while regulating their location in the Township.
(b) 
To minimize adverse visual effects of cellular communications antennas through proper design, citing and vegetative screening for equipment shelters.
(c) 
To encourage the joint use of any new cellular communications facility so as to reduce the number of such facilities needed in the future.
(d) 
To protect the safety and welfare of residents of Newtown Township.
(2) 
Use regulations.
(a) 
A wireless communications facility is permitted on an existing building by conditional use in an R-3 Residence District, subject to the restrictions set forth in this chapter.
(b) 
In addition to the notice requirements for a conditional use hearing provided in Chapter 172, Article IV, the Board of Supervisors shall also mail a notice of the conditional use hearing, at the applicant's expense, to all property owners within 500 feet of the proposed antenna structure, provided that failure to receive notice required by this subsection shall not invalidate any action taken by the Board.
(c) 
Business offices, maintenance depots, and vehicle storage buildings are prohibited from the site of a wireless communications facility, except for accompanying equipment shelters needed for the operation of the cellular communications facility.
(3) 
Additional standards of approval of conditional use.
(a) 
The wireless communications company is required to demonstrate, using technological evidence, that the proposed height of the antenna is the minimum height necessary to fill a gap in service.
(b) 
Antenna height. Communications antennas attached to an existing building shall be permitted to exceed the height of the existing building roofline by no more than 20 feet.
(c) 
The applicant shall demonstrate that the proposed antenna is structurally sound.
(d) 
Any applicant proposing communications antennas to be mounted on a building shall submit evidence from a Pennsylvania-registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building, considering wind and other loads associated with the antennas location.
(e) 
Any applicant proposing communications antennas to be mounted on a building shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Township for compliance with the Newtown Township Building Code[2] and other applicable laws.
[2]
Editor's Note: See Ch. 69, Art. I, Building Code, and Ch. 79, Construction Code, Uniform.
(f) 
Wireless communications facilities shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. The applicant shall submit an annual report to the Township confirming that the applicant's antenna facility is operating within the FCC guidelines.
(g) 
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Township that are regulated by the FCC.
(4) 
Landscaping. Landscaping shall be required to screen as much as possible of any equipment storage facility in order to soften the appearance of any equipment storage facility. The Township may permit any combination of existing vegetation, topography, walls, decorative fences, or other features, instead of landscaping, if they achieve the same degree of screening as the required landscaping. When an antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required. However, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(5) 
The wireless communications company must demonstrate that it is licensed by the Federal Communications Commission to operate the wireless communications facility for which application is sought and must provide the Township annually with documentation that it continues to be so licensed. The wireless communications company shall submit, upon application, a copy of its current Federal Communications Commission license, the name, address and emergency telephone number for the operator of the communications support structure and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the specific wireless communications facility for which the application if filed.
(6) 
A full site plan shall be required for all wireless communications facilities, showing the antenna, antenna support structure, building, landscaping and all other requirements for Chapter 148, Subdivision and Land Development.
(7) 
When proposing to mount a wireless communications facility on a building, the applicant shall submit evidence of agreements and/or easements necessary to provide access to the building on which the antennas are to be mounted so that installation and maintenance of the facility can be accomplished.
(8) 
All antennas shall not exceed 20 feet in height and seven inches in diameter.
(9) 
Building-mounted cellular communications antennas shall not be located on any pole or any building used as a single-family dwelling, two-family dwelling, multifamily dwelling, buildings used as active primary and secondary educational facilities at the time of adoption of this chapter or any accessory building.
(10) 
All other types of cellular communications facilities are prohibited except antennas mounted on buildings as aforesaid described, and such buildings shall not include structures, the primary purpose of which is to enhance the structures or place the communications facilities on them.
[1]
Editor's Note: See the scheme at the beginning of this chapter.