Upper Hanover Township
City Zoning Code
City Zoning Code
ARTICLE XII
R-1 Agricultural-Low Density Residential District
§ 500-1200 Declaration of legislative intent.
In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to provide regulations for agricultural and low-density residential uses in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A.
Establish reasonable standards that permit the continued operation of agricultural uses while allowing limited development of single-family detached dwelling units.
B.
Direct lower-density residential development to areas of the Township that are more rural in character and less likely to be served by the extension of centralized sewer and water system networks.
C.
Provide minimum lot dimensions which are compatible with the need to provide on-site water supply and sewage disposal.
D.
Provide standards and criteria for R-1 development in appropriate areas of the Township in accordance with the Upper Perkiomen Valley Regional Comprehensive Plan.
[Amended 12-9-2003 by Ord. No. 03-12]
§ 500-1201 Permitted uses.
A.
Agriculture.
B.
Single-family detached dwelling.
C.
Institutional uses, in compliance with Article XXVI, Institutional Use Regulations, of this chapter.
D.
Open space and outdoor recreational uses, in compliance with Article XXVII, Open Space and Outdoor Recreation Regulations, of this chapter.
F.
Any private utility facility use directly related to and necessary for services within the Township, when approved by the Board of Supervisors as a conditional use, subject to the standards and criteria of § 500-811, Public utilities, of this chapter.
G.
Accessory uses in conformance with this chapter.
H.
No-impact home-based business as defined herein, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common-interest-ownership community.
[Added 4-14-2009 by Ord. No. 2009-01]
§ 500-1201.1 Conditional uses.
[Added 1-8-2019 by Ord. No. 2019-01]
Group homes. Group homes, as defined in § 500-201, are permitted by conditional use in the R-1 zoning district. In addition to any general criteria for conditional uses set forth elsewhere in the zoning ordinance, the conditional use applicant shall satisfy the following criteria at the time of hearing:
§ 500-1202 Dimensional standards.
[Amended 8-14-2001 by Ord. No. 01-08; 12-13-2005 by Ord. No. 2005-13]
A.
Criteria for single-family detached dwellings:
(1)
Maximum allowed density.
[Amended 6-10-2008 by Ord. No. 2008-04]
(a)
The maximum allowed number of lots to be subdivided for single-family detached dwelling units shall be determined at a rate of one dwelling unit per two acres of developable lot area of the tract (any remainder less than a full two acres shall be disregarded in the density calculation).
(b)
Potential inability to develop the maximum numbers of dwelling units. The applicant's choice of dwelling style, physical constraints of the development site, or other factors may limit the applicant's ability to develop the maximum number of dwelling units permitted by the calculations herein. The applicant's plans shall still be required to comply with all applicable requirements of the R-1 District, including the minimum open space. In short, the maximum allowed density is not guaranteed.
(2)
(3)
Maximum height.
[Amended 8-8-2023 by Ord. No. 2023-02]
(b)
The maximum height of a residence is 35 feet, excluding mechanical penthouses the height of which are determined with reference to the International Building Code. Accessory buildings may be 25 feet in height. Any nonresidential building height in excess of 35 feet requires conditional use approval by the Board of Supervisors. In considering an application for conditional use related to building height, the Board of Supervisors shall consider the following factors:
[1]
The nature of the building itself and the extent to which it is consistent or inconsistent with the landscape and structures in the vicinity of it;
[2]
The height of other buildings in the area;
[3]
The proximity of residences and the extent to which the height of the building diminishes the quality of life for those residing in proximity to the building, also considering topography and the extent to which the building is visible from nearby residences;
[4]
Whether the building will include a mechanical penthouse that is excluded from the definition of building height;
[5]
The extent to which the requirements, standards or common practices associated with a particular proposed use require a building that is more than 35 feet tall;
[6]
Whether the increased building height will increase the impact of the use of the building with respect to noise, traffic volume, light spillover, or similar community impacts.
(4)
(5)
Maximum building coverage. The maximum building coverage is 10%.
(6)
Minimum open space. When a subdivision involves more than four lots (including lots which will contain existing dwellings), a minimum acreage equal to 15% of the gross lot area of the tract shall be set aside as open space.
§ 500-1203 Open space/cluster development
[Amended 3-9-2004 by Ord. No. 2004-01]
Open space/cluster development shall be permitted as a design alternative in this district. Where there are differences in permitted uses and dimensional standards between this section and §§ 500-1201 and 500-1202, the provisions of this section shall apply.
A.
Application.
[Amended 3-10-2015 by Ord. No. 2015-04]
(1)
Purposes. The primary purpose of these standards is to preserve the Hosensack Creek Greenway as identified in Figure 12-1 of the 1995 Joint Open Space and Environmental Resource Protection Plan and to facilitate acquisition of properties listed as first and second priorities in said plan, while permitting limited levels of subdivision and/or land development that are compatible with those purposes. A secondary purpose is to encourage preservation of properties listed in the Open Space Plan as "historic farmstead or houses restored or with restoration potential."
(2)
Identification of applicable properties: parcels of land in the R-1 Agricultural - Low Density Residential District north of Route 29, that are identified as "acquisition and linkage top priorities" in Figure 12-3 or "overall, general priorities for acquisition of lands, easements, rights-of-way" in Figure 12-1 of the 1995 Joint Open Space and Environmental Resource Protection Plan.
C.
Density standards.
[Amended 10-11-2005; by Ord. No. 2005-13]
(1)
The overall gross residential density of the open space/cluster development shall be based on:
(b)
One unit per two acres of developable area multiplied by the following bonus multiplier — for each percent of open space provided between 50% and 60%, a bonus multiplier of 0.025 for each percent up to a bonus multiplier of 1.25% — for developments providing 60% open space (see Figure 12.1).
(2)
The area that is not used for development shall be set aside as common open space.
(3)
The permitted number of lots shall be calculated using the Permitted Lots Worksheet, Figure 12.1. A copy of the completed worksheet shall be placed on the subdivision plan as evidence of the calculations.
D.
Minimum lot area, lot width, and yards for residential buildings:
Single-Family Detached | Lot Line or Village | ||
|---|---|---|---|
Lot area, per dwelling unit (DU) | 10,000 square feet | 6,000 square feet | |
Lot width at building line, per DU | 100 feet | 60 feet | |
Front yard (from ultimate right-of-way) | 35 feet | 20 feet | |
Rear yard | 35 feet | 20 feet | |
Side yard | 15 feet, one side 30 feet, aggregate | 15 feet, one side 30 feet, aggregate | |
Setback from each street that lot abuts (from ultimate right-of-way) | 35 feet | 20 feet | |
Building coverage | 18% | 25% | |
Impervious coverage | 30% | 40% |
E.
Density and dimensional standards for development. The outer boundaries of all developments shall meet the following setbacks:
(1)
From external arterial road ultimate right-of-way or from scenic roads: 200 feet.
(2)
From all other external road ultimate right-of-way: 100 feet.
(3)
From all tract boundaries: 100 feet.
(4)
From cropland or pasture land: 100 feet.
(5)
From buildings or barnyards housing livestock: 300 feet.
(6)
From other residential neighborhoods: 100 feet.
(7)
From wetlands, floodplains, or watercourses: as per chapter.
(8)
From active recreation areas such as courts or playing fields: 150 feet.
(9)
All setback areas along roads shall be landscaped according to the standards of Chapter 425, Subdivision and Land Development, in order to preserve scenic views and integrate the neighborhood into the surrounding landscape.
(10)
Setback standards may be reduced by the Board of Supervisors under the following circumstances:
(a)
Setbacks from roads may be reduced to a minimum of 50 feet if the applicant can demonstrate that existing vegetation and/or topography form an effective visual buffer along these roads.
(b)
All other setbacks may be reduced to 1/2 of the requirement specified above if the applicant can demonstrate that reduced setbacks improve the plan's compliance with the intent of this chapter.
F.
Setbacks for agricultural buildings and structures and private garages shall comply with § 500-808 of this chapter.
G.
Minimum setbacks for buildings and structures (except private garages) that are accessory to a residential use:
(1)
Buildings and structures up to 15 feet in height: 10 feet from side and rear property lines; not permitted in the front yard setback.
(2)
Buildings and structures over 15 feet in height: 10 feet from side and rear property lines plus two additional feet for each one foot or part thereof in excess of 15 feet. Maximum required setback: 25 feet; not permitted in the front yard setback.
H.
Maximum permitted height for buildings and structures.
[Amended 8-8-2023 by Ord. No. 2023-02]
(2)
The maximum height of a residence is 35 feet, excluding mechanical penthouses the height of which are determined with reference to the International Building Code. Accessory buildings may be 25 feet in height. Any nonresidential building height in excess of 35 feet requires conditional use approval by the Board of Supervisors. In considering an application for conditional use related to building height, the Board of Supervisors shall consider the following factors:
(a)
The nature of the building itself and the extent to which it is consistent or inconsistent with the landscape and structures in the vicinity of it;
(b)
The height of other buildings in the area;
(c)
The proximity of residences and the extent to which the height of the building diminishes the quality of life for those residing in proximity to the building, also considering topography and the extent to which the building is visible from nearby residences;
(d)
Whether the building will include a mechanical penthouse that is excluded from the definition of building height;
(e)
The extent to which the requirements, standards or common practices associated with a particular proposed use require a building that is more than 35 feet tall;
(f)
Whether the increased building height will increase the impact of the use of the building with respect to noise, traffic volume, light spillover, or similar community impacts.
I.
Permitted uses.
(1)
All uses permitted by § 500-1201, except:
(a)
Institutional uses.
(b)
Accessory uses in conformance with this chapter, with the following limitations:
[1]
Private garages shall be permitted, subject to § 500-808B(2). R-2 and R-3 District gross area requirements shall apply to development under this section.
[2]
One storage shed shall be permitted for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling, with a total floor area of 150 square feet or less.
J.
Design criteria.
(1)
Lots shall be laid out and designed, to the greatest extent feasible, to preserve and protect historic and archaeological sites, farmland, stream corridors, forested areas and large trees, scenic views (particularly as seen from public roads), ridgelines and hilltops.
(2)
The design of the development shall minimize earthmoving and follow the natural topography to the greatest extent feasible.
(3)
The development shall provide a landscaped buffer or screen along the property lines at the periphery of the development to protect the privacy of adjacent residents, consistent with § 500-2705, Landscaped buffers and screens, of this chapter.
(4)
To the extent feasible, all buildings shall be located out of view from any Township road, and protected open space shall be located adjacent to public ways.
(5)
Residential dwelling units located within the development shall not be located along existing roads within the Township and/or along any proposed interior collector street. Building lots that front on existing Township roads shall be permitted by conditional use and shall meet all dimensional standards of § 500-1202 and not the dimensional standards of this section. Under no circumstances shall lots front on arterial or collector streets.
K.
Open space design criteria. Open space areas shall be located and designed in compliance with the Upper Hanover Township Open Space and Environmental Resource Protection Plan Update (2006), or any successor plan thereto, and with the requirements set forth in Chapter 425, Subdivision and Land Development.
[Amended 12-13-2005 by Ord. No. 2005-13; 2-13-2007 by Ord. No. 2007-01]
L.
Management, maintenance and ownership of open space. The management, maintenance and ownership of open space shall be subject to provisions established in written agreements, satisfactory to the Board of Supervisors, upon recommendation of the Township Solicitor. Such private management, maintenance and ownership shall be governed by the requirements set forth in Chapter 425, Subdivision and Land Development.[2]
[Amended 12-13-2005 by Ord. No. 2005-13]
Figure 12.1: Permitted Lots Worksheet [Amended 3-9-2004 by Ord. No. 2004-01 ; 9-13-2005 by Ord. No. 2005-10] | |||||
Gross Tract Area | (1) _____ acres | ||||
Nondevelopable Area Calculation1 | |||||
a. | Areas in the Floodplain Conservation Overlay District (Article XX) | _____ acres | |||
b. | Areas in the Riparian Corridor Conservation Overlay District (Article XXIX) | _____ acres | |||
c. | Areas identified on the Steep Slope Map in the Steep Slope Conservation Overlay District (Article XXV) | ||||
Slopes 25% or greater | _____ acres | ||||
Slopes greater than or equal to 15% less than 25% (acres ÷ 2) | _____ acres | ||||
d. | Wetlands | _____ acres | |||
e. | Legal rights-of-way of existing streets | _____ acres | |||
f. | Utility easements and rights-of-way | _____ acres | |||
g. | Areas used for other purposes | _____ acres | |||
h. | Areas legally restricted from development | _____ acres | |||
Total nondevelopable area: (Add Lines a-h) | (2) _____ acres | ||||
Developable Area: Line (1) - Line (2) | (3) _____ acres | ||||
Lots Permitted (maximum): Divide Line (3) by 1.837 acres/lot | (4) _____ lots | ||||
Density Bonus Multiplier: | |||||
For open space percentage of 50%, multiplier is 1.00 | |||||
For open space percentage of 60%, multiplier is 1.25 (maximum) | |||||
Calculate intermediate values by adding 0.025 for each % between 50% and 60% | (5) _____ | ||||
Maximum Number of Lots Permitted: Multiply Line (4) x Line (5) | (6) _____ lots | ||||
(If fraction of lot: round up, if greater than 0.5 lot; otherwise, round down.) | |||||
NOTE: | ||
|---|---|---|
1 | Nondevelopable areas shall not be double-counted (i.e., wetlands and water bodies located entirely within the floodplain). | |
§ 500-1204 Single-family development on institutional land.
[Added 10-11-2005 by Ord. No. 2005-12]
As a conditional use, a tract of land meeting the requirements of § 500-1204B that is either an existing institutional use or adjacent to an existing institutional use, that was owned by that institution prior to July of 2005, may be developed or redeveloped with those uses listed in § 500-1204G. Where there are differences in permitted uses and dimensional standards between this section and other sections of this chapter, the provisions of this section shall apply.
A.
Application.
(1)
Purposes. The primary purpose of these standards is to provide for the development of existing tracts of institutional land and/or the land adjacent to and owned by institutional uses. As a conditional use, it allows for the development or redevelopment of the tract into single-family detached houses, age-qualified detached or attached single-family houses, or other uses as listed in § 500-1204G in accordance with the conditional use procedures in § 500-818. In recognition that the institutional use would likely be more intensive than the underlying R-1 Agricultural-Low Density Residential District, a higher density is permitted for the area.
B.
Qualifying tract.
(1)
Minimum tract size: 50 acres gross. The tract shall include only that land which will be developed as permitted by this section. Any additional present or previous holdings of the institutional entity shall not be included in the tract size.
(2)
Public sewer and water shall be provided.
(3)
A minimum of 50% of the gross area of the development shall be set aside as common open space.
[Amended 12-13-2005 by Ord. No. 2005-13]
C.
Dimensional standards.
(1)
The overall gross residential density of the tract shall not exceed 1.25 dwelling units per developable acre.
(2)
In the case of an age-qualified community, overall gross residential density shall not exceed 2.3 dwelling units per developable acre. For the purposes of computing density in a retirement complex, two beds in skilled care facilities or personal care congregate facilities shall be considered the equivalent of one dwelling unit.
(3)
The area that is not used for development shall be set aside as common open space.
(4)
Minimum lot area, lot width and yards for single-family non-age-qualified detached houses shall be in accordance with § 500-1203D.
(5)
Minimum lot area, lot width and yards for single-family detached and attached age-qualified houses shall be in accordance with § 500-1304D(1) and (2), respectively.
(6)
Additional setbacks for all single-family development pursuant to this section shall be in accordance with § 500-1203E.
(7)
No more than 50% of the units in a retirement complex are permitted to be any combination of skilled care facilities or personal care congregate facilities. Additional development regulations for a retirement complex shall be in accordance with § 500-837B and C.
[Amended 6-10-2008 by Ord. No. 2008-04]
E.
Minimum setbacks for buildings and structures (except private garages) that are accessory to a residential use shall be in accordance with § 500-1203G.
G.
Permitted uses.
(1)
Single-family detached dwelling.
(2)
Age-qualified single-family detached dwelling.
(3)
Age-qualified single-family attached dwelling.
(5)
Open space and outdoor recreational uses, in compliance with Article XXVII, Open Space and Outdoor Recreation Regulations, of this chapter.
(6)
Accessory uses to a residential use in conformance with this chapter, with the following limitations:
(a)
Private garages shall be permitted, subject to § 500-808B(2)(a). R-2 and R-3 District gross area requirements shall apply to development under this section.
(b)
One storage shed shall be permitted for garden equipment, household goods, and/or sporting goods owned and used by the residents of the dwelling, with a total floor area of 150 square feet or less.