Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE X
R-3 Residential District
§ 300-201 Legislative intent.
In expansion of the statement of community development objectives contained in § 300-2 of this chapter, it is hereby declared to be the intent of this article with respect to R-3 Residential Districts to establish reasonable controls and standards of performance for single-family, two-family and townhouse dwellings in those areas of Upper Providence Township where the existing community character and the presence or planned extension of sewer and water facilities would most readily accommodate. Furthermore, it is the intent of this article to encourage the optional intermixing of two-family and townhouse dwellings and/or single-family detached dwellings on smaller tracts and the required intermixing of at least two of these dwellings on larger tracts in order to promote a variety of income levels and life styles within a single, planned development in the Township's developing neighborhoods, which would have the essential facilities, open spaces and amenities to support such an intermixing, for the benefit of the residents of the development and in furtherance of the general welfare of Upper Providence Township.
§ 300-202 Permitted uses.
In an R-3 Residential District, a building may be erected, altered or used and a lot may be used or occupied for any of the following uses or a combination of the following uses and no others:
A.
Single-family detached dwellings.
B.
Two-family dwellings.
C.
Townhouses.
D.
Parks, playgrounds, tot-lots and open spaces.
E.
Mixed-dwelling-type developments, including a single-family detached dwelling, two-family dwellings and townhouses or combinations of any two of these uses in accordance with the requirements of § 300-205 herein.
G.
The following additional conditional uses, when authorized by the Board of Supervisors, in compliance with § 300-60:
[Amended 9-20-1982 by Ord. No. 231]
(1)
An indoor recreation facility, community center or similar use, provided that it is intended solely for the prospective residents of the development.
(2)
A professional office or studio use in conjunction with a residential development, provided that such use(s) shall not exceed 10% of the total floor area of each principal building, unless it is included within a commercial development as described in Article XXVIII herein.
(3)
Limited, small-scale commercial use(s) such as retail shops and stores and service businesses intended primarily for the needs of residents of the development, when proposed in conjunction with a development plan of at least 50 acres. In no case, however, shall such uses occupy more than 10% of the total acreage of a proposed development in the R-3 Residential District, and further provided that the area proposed for commercial development shall be subtracted from the area used in calculating the maximum number of dwelling units proposed for development. All commercial uses shall comply with the requirements of Article XXVIII, NC Neighborhood-Convenience Commercial District, of this chapter, as well as the requirements of the signs and off-street parking and loading articles of this chapter.
H.
Accessory uses on the same lot with and incidental to any permitted use.
I.
Home occupations, provided that all of the requirements of § 300-27 herein shall be met.
[Added 2-21-1978 by Ord. No. 197; amended 3-15-2004 by Ord. No. 436]
J.
A principal use permitted herein, other than a single-family detached or two-family dwelling owned in fee simple, may be constructed on the same lot with another permitted principal use(s).
[Added 12-16-1991 by Ord. No. 307]
K.
As a special exception only, communications antennas, in accordance with the provisions of § 300-25, mounted on an existing public utility transmission tower, existing building or other existing structure, and communications equipment buildings only upon a showing, in addition to any other that may be required under this chapter, that denial of such a special exception would have the effect of prohibiting the provision of personal wireless service. Communications towers are not permitted.
[Added 6-1-1998 by Ord. No. 372]
§ 300-203 District regulations.
The following regulations shall apply in the R-3 Residential District, except as specifically provided for in § 300-204 herein, concerning townhouse developments; § 300-205 herein, concerning mixed-dwelling-type developments; and Article XV of this chapter, concerning cluster development.
A.
General regulations. The following general regulations shall apply for any development proposal within the R-3 Residential District. Development of the tract shall commence in earnest within 36 months of approval under this article or the zoning of said tract shall revert to its former classification. The transfer of ownership to another applicant prior to the commencement of construction shall render the development agreement required in Subsection A(4) herein void. Said agreement shall then be renegotiable between the new owner(s) and the Board of Supervisors.
[Amended 2-21-1978 by Ord. No. 197]
(1)
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract will be developed under single direction in accordance with an approved plan.
(2)
Sewer and water facilities. The tract of land shall be served by public water facilities and public sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer.
(3)
Development plan. The application for development shall be accompanied by a plan or plans showing the detailed use of the entire tract, which plan or plans also shall comply with all requirements of Chapter 270, Subdivision and Land Development, and other applicable ordinances, unless these ordinances are relaxed in accordance with § 300-208 herein. The plan shall clearly designate the proposed use(s) of each area of the tract.
(4)
Development stages and permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer and Township shall enter into said agreement embodying all details regarding compliance with this article to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.
(5)
Community impact. The application for development in the R-3 Residential District shall be accompanied by a community impact statement, prepared by qualified professionals. The purpose of this statement is to assure that the proposed development will have a beneficial impact upon the site, the surrounding neighborhood or the facilities and services of the Township. The community impact statement is described more fully in § 300-206 herein.
(6)
Development mix. In order to encourage the intermixing of the permitted dwelling types in this district, preserve the planned character and density of the Township's neighborhoods in accordance with the Comprehensive Plan and diminish the potential for overburdening the Township's community facilities and services, the following general guidelines for all development proposals within the R-3 Residential District shall apply:
Optional Development Mix Alternatives and Minimum Tract Sizes | ||
|---|---|---|
Tract Size | Mix Options | |
Less than 5 acres | None (5-acre minimum tract size required for all development proposals in the R-3 Residential District) | |
5 to less than 40 developable acres (mixing optional) | 1. | 100% single-family detached dwelling |
2. | 100% 2-family dwellings | |
3. | 100% townhouses | |
4. | 2-family dwellings and single-family detached dwellings | |
5. | 2-family dwellings and townhouses | |
6. | Townhouses and single-family detached dwellings | |
40 developable acres or more (mixing required) | 1. | Single-family detached dwellings, 2-family dwellings and townhouses |
2. | Single-family detached dwellings and 2-family dwellings | |
3. | Single-family detached dwellings and townhouses | |
4. | 2-family dwellings and townhouses | |
(a)
A tract of land which is proposed for development having at least five acres but less than 40 acres, excluding the rights-of-way of existing public roads, may be developed for either 100% of the uses permitted in this article or a combination of any two of said uses.
(b)
A tract of land which is proposed for development having at least 40 acres, excluding the rights-of-way of existing public roads, shall be developed for either a combination of any two of the uses permitted in this article or a combination of all three of said uses.
(7)
Future subdivision or resubdivision. The tract of land to be developed within the R-3 Residential District shall not have been subdivided to yield a tract or tracts, excluding the rights-of-way of existing public roads, that are less than the required acreage for a mixed dwelling type development solely to avoid the more stringent requirements of such developments as required in § 300-205 herein. If an application to develop a permitted use in the R-3 Residential District is submitted which does not include a contiguous vacant parcel owned by the same applicant and said parcels together will equal 40 acres or more, excluding the rights-of-way of existing public roads, the community impact statement for the proposed development of both parcels shall be in accordance with the requirements of this article.
B.
Development regulations. The following development regulations shall be followed by all proposed developments within the R-3 Residential District:
(1)
Utilities. All utility lines (electric, telephone, etc.) shall be placed underground.
(2)
Height regulations. The maximum height of buildings or structures erected or enlarged within the R-3 Residential District shall be:
(3)
Parking regulations. The following standards shall control required parking spaces in the R-3 Residential District:
(a)
Not fewer than two off-street automobile parking spaces shall be required for each dwelling unit (an attached garage may be counted as a single parking space). The required spaces, when they are not an integral part of the building design, shall be arranged within a court or separate parking area(s), as deemed suitable upon review by the Township Planning Commission.
(b)
No parking area of three or more cars shall be located closer than 20 feet to a side or rear property line of the development tract or closer than 25 feet to an ultimate right-of-way line.
[Amended 9-20-1982 by Ord. No. 231]
(c)
For a parking area storing 10 or more cars, not less than 10% of the area devoted to parking facilities shall consist of interior parking lot landscaping.
(5)
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the R-3 residential development without causing undue confusion or interference with the normal traffic flow. The Planning Commission shall satisfy itself concerning the adequacy of the thoroughfare to carry the additional traffic generated by the R-3 residential development, as well as to the street frontage of the proposed development.
(6)
Common areas and facilities. The provision of certain facilities serving the entire development, such as parking lots, interior pedestrianways, driveways or alleys, lighting facilities, landscape planting areas, buffers, open space and recreation facilities, etc., are hereby encouraged and may be located either on individual lots or in common areas. In cases where they are provided in common areas, provisions satisfactory to the Board of Supervisors must be made for their perpetual maintenance and care. The use of these facilities may be restricted to the residents of the development, where practical, and may be maintained by the developer, a homeowners' association or similar instrument. Any common area shall be first offered to the Township by the developer; however, the Township need not accept dedication of the open space but shall maintain first option to acquire with 12 months' notice, if said open space shall ever become available.
(7)
Lighting facilities. Lighting facilities shall be provided as needed and arranged in a manner which will protect the highway and neighboring properties from unreasonable direct glare or hazardous interference of any kind. Lighting facilities shall be required for the safety and convenience of the residents of the development and shall be installed by the developer at his expense and shall be in accordance with the provisions of Chapter 270, Subdivision and Land Development, of the Code of the Township, § 270-76.
[Amended 6-3-2002 by Ord. No. 416]
(8)
Landscaped planting. Shade trees shall be provided along street frontage occupied by an R-3 residential development in accordance with the requirements of the Board of Supervisors after review by the Upper Providence Township Park and Recreation Committee.
(9)
Buffer area. An R-3 residential development shall provide a permanent landscaped Buffer Type 1, as described in § 270-68D(5) of Chapter 270, Subdivision and Land Development, to screen any residential, commercial, and industrial uses which are adjoining and contiguous to the development.
[Amended 8-1-2011 by Ord. No. 517]
(10)
Recreation and open space; amenities. The developer shall provide community areas, laundry facilities, playgrounds and tot-lots and other services necessary for the comfort and convenience of the prospective residents in the R-3 Residential District. In this regard, the developer shall provide a minimum of 10% of the total site area as usable open space in a two-family dwelling development; 15% of the total site area as usable open space in a townhouse development; and 20% of the total site area as usable open space in a mixed-dwelling-type development. Such open space shall be governed by the provisions of Article V, Open Space and Recreational Facilities, of Chapter 270, Subdivision of Land Development.
[Amended 2-21-1987 by Ord. No. 197; 8-7-1995 by Ord. No. 342]
(11)
Maximum building coverage. Not more than 25% of the area proposed for development in the R-3 Residential District shall be covered by buildings.
C.
Minimum tract size. In the R-3 Residential District the following minimum tract sizes shall be required prior to the submission of a development proposal.
(1)
For any use permitted in this district or a combination of any two of said uses, the minimum tract size shall be five acres, excluding the rights-of-way of existing public roads.
(2)
For a mixed-dwelling-type development containing all three of the permitted uses in this district, the minimum tract size shall be 40 acres, excluding the rights-of-way of existing public roads.
D.
Density. In the R-3 Residential District, the maximum permitted density shall be as follows:
E.
Area, width, yard and coverage regulations for single-family and two-family dwellings. The following regulations shall apply, subject to the maximum density permitted in § 300-205B herein:
[Amended 9-20-1982 by Ord. No. 231; 12-16-1991 by Ord. No. 307]
Dwelling Type Dwellings | ||||
|---|---|---|---|---|
Development Requirements | Single-Family Two-Family Detached Dwellings | Twin | Duplex | Townhouses |
Minimum lot area (square feet)a | 10,000 | 7,000 | 7,000 | 2,000 |
Minimum lot width (feet)b | 80 | 50 | 50 | 20 |
Minimum front yard (feet)c | 30 | 20 | 20 | 25 |
Minimum side yard (feet)d | 15 | 10 (1 side) | 15 | |
Minimum rear yard (feet)e | 40 | 25 | 25 | 20 |
Maximum building coverage (percentage)f | 25 | 30 | 25 | 60 |
NOTES: | |
|---|---|
a | Per dwelling unit. |
b | Per dwelling unit measured along the building line. |
c | Measured from the ultimate right-of-way line. |
d | |
e | Except that an accessory use may be erected within the rear yard not closer than five feet to the rear property line. |
f | Calculated as a percentage of lot area. |
§ 300-204 Development regulations for townhouse developments.
The following additional development regulations shall apply for townhouse development proposals:
A.
Lot area. Where applicable, no townhouse dwelling shall have a lot area of less than 2,000 square feet.
B.
Building size. There shall be no more than eight dwelling units in a continuous attached row, and no more than three contiguous units shall have a uniform setback from a right-of-way line or parking area. Such variation shall be a minimum of three feet.
C.
Distance between buildings. The minimum horizontal distance between any two buildings shall be 25 feet.
D.
Setbacks. The following minimum building setbacks shall be applicable and shall replace any in § 300-203E when there is a conflict between the requirements therein and the setbacks listed in this subsection. These setbacks shall also replace yard setbacks contained in § 300-203E in those instances in which a development is proposed which does not include individual lots for each dwelling unit.
[Amended 12-16-1991 by Ord. No. 307; 10-17-1994 by Ord. No. 329]
(1)
From the R-3 Residential District boundary line or property line of an R-3 development tract: 40 feet, within which Buffer Type 2 of at least 15 feet in width shall be installed. The buffer shall be planted as described in § 270-68D(5) of Chapter 270, Subdivision and Land Development.
[Amended 8-1-2011 by Ord. No. 517]
(2)
From the right-of-way line of a vehicular accessway: 25 feet.
(3)
From any parking area: 20 feet.
§ 300-205 Development regulations for mixed-dwelling-type developments.
The following additional development regulations shall apply to all mixed-dwelling-type developments in the R-3 Residential District:
A.
The maximum percentage of a single dwelling type in a mixed-dwelling-type development shall be no more than 75% of the total dwelling units if two dwelling types are mixed and no more than 60% of the total dwelling units if three dwelling types are mixed.
B.
For the purposes of calculating net densities, single-family detached dwellings may be developed at four dwelling units per acre, two-family dwellings at six dwelling units per acre and townhouses at six dwelling units per acre.
§ 300-206 Community impact statement required.
[Amended 12-16-1991 by Ord. No. 307]
To ensure that a proposed development within the R-3 Residential District will not have an adverse effect upon the natural features of the site, as well as upon the provision of light and air, water, transportation, police and fire protection, schools, utilities and other public facilities, the Board of Supervisors and Township Planning Commission shall evaluate the impact of the development upon the site, the surrounding neighborhood and the facilities and services of Upper Providence Township as listed below. The applicant shall provide all of the information, data and studies needed to reach conclusive evaluations of these items for any development proposed in this district or for any request for a rezoning to this district.
A.
The conformance of the proposed development with the Comprehensive Plan of Upper Providence Township and compatibility with existing and proposed land uses adjacent to the site.
B.
The impact on any existing floodplains, heavily wooded areas, rock outcroppings, steep slopes and other sensitive natural features, if any.
C.
The impact on the Township and regional transportation system and the ability of adjacent streets and intersections to efficiently and safely handle the traffic generated by the proposed development.
D.
The impact on the Township's school district, including an estimate of new pupils generated by the proposed development.
E.
The impact on nearby commercial facilities within the Township and surrounding municipalities.
F.
The impact on public utilities, including but not limited to sewage disposal, garbage and rubbish disposal, water supply, storm drainage and electrical utilities.
G.
The impact upon provision of police and fire protection to the proposed development.
H.
The impact on the open space and recreation facilities of Upper Providence Township.
I.
The impact upon the character of the surrounding neighborhood. The applicant must show that the proposed development will not adversely affect the neighborhood by reason of noise, odors, smoke or vibration.
J.
Required documentation shall include the following:
(1)
The location and size of the site, with evidence supporting the general adequacy for development.
(2)
The proposed residential density of the development and the percentage mix of the various dwelling types.
(3)
The location, size, accessibility and proposed use of the open space, the manner of ownership and maintenance and a copy of the covenant to be incorporated in the individual deeds, if applicable.
(4)
The height and placement of buildings, with evidence of variation in setbacks from rights-of-way and variation of lot sizes so as to create aesthetically pleasing frontages and lots.
(5)
The feasibility of proposed utility and drainage systems.
(6)
The relative income levels of the prospective development residents.
(7)
Plans and renderings indicating the design, unity and aesthetic relationship of buildings and landscaping within the proposed development.
(8)
The text of covenants, easements and existing restrictions or those to be imposed upon the land or structure, including provisions for public utilities and trails for such activities as hiking or bicycling, if desired.
(9)
In the case of plans involving staged development over a period exceeding two years, a schedule showing the time and manner of completion of all phases of construction.
§ 300-207 Evaluation of community impact statement.
A.
The community impact statement required in § 300-203A(5) herein shall be evaluated to determine the suitability of the site in question to accommodate the magnitude of development proposed, as well as the impact of the proposed development on the community facilities and services of Upper Providence Township.
B.
The following alternative findings shall result from the evaluation process:
(1)
Evaluations which lead to an overall negative assessment for a proposed development shall lead to a denial by the Board.
(2)
Evaluations which lead to an overall negative assessment for a proposed development may lead to a conditional approval by the Board either when the developer agrees to undertake activities or improvements which will compensate or correct deficiencies or negative impacts caused by the implementation of the proposed development or when the developer agrees to implement the proposed development at a lower density, as specified by the Board.
§ 300-208 Plan modifications.
The Board of Supervisors may grant modifications from the specific requirements herein, and those of Chapter 270, Subdivision and Land Development, provided that the spirit and intent of this article and the statement of community development objectives contained in § 300-2 are observed and that the overall densities specified herein are maintained. Any such variations shall be embodied in the development agreement specified in § 300-203A(4) herein.