Upper Providence Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE VIII
R-1 Residential-Agricultural District
§ 300-170 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-1 Residential-Agricultural Districts to establish reasonable standards of performance and to promote the desirable benefits which agricultural uses and single-family detached dwellings will have in those areas of Upper Providence Township not presently served by public sewer and water facilities.
§ 300-171 Permitted uses.
[Amended 2-21-1978 by Ord. No. 197; 8-7-1995 by Ord. No. 345; 6-1-1998 by Ord. No. 372; 3-15-2004 by Ord. No. 436; 4-22-2025 by Ord. No. 612]
In an R-1 Residential-Agricultural District, a building may be erected, altered or used and a lot or premises may be used or occupied for any of the following uses and no other:
A.
Agricultural uses, provided that a tract of not less than five acres is available and further provided that any building used in the keeping or raising of livestock or poultry shall be located not less than 100 feet from an ultimate right-of-way line and not less than 50 feet from any other property line.[1]
B.
A single-family detached dwelling.
C.
Any of the following uses when authorized as a special exception:
(1)
A greenhouse.
(2)
Noncommercial recreation uses, including golf, tennis and swimming clubs.
(3)
A stand, for use more than six months in any calendar year, for the sale of products of the farm on which it is located.
(4)
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.
D.
Accessory uses on the same lot with and customarily incidental to any permitted use.
G.
The following additional conditional uses, when authorized by the Board of Supervisors, in compliance with § 300-60:
(1)
Agritainment. To facilitate the preservation and renovation of agricultural buildings, including barns, which have in the past been used for agricultural purposes such as shelter for farm animals, storage of grain or feed, processing of milk, and related activities that are part of the Township's heritage.
(a)
For purposes of this section, "agritainment development" shall mean the preservation and renovation of agricultural buildings such as barns which have in the past been used for agricultural purposes, such as shelter for animals, storage of grain, processing milk, and related activities.
(b)
Criteria. An agritainment development may be allowed by the governing body as a conditional use subject to the following standards. The burden of proving compliance with these standards shall be on the applicant.
[1]
The tract of land comprising the agritainment development shall be in one ownership or shall be the subject of an application filed by the owners of the entire tract, and it shall be agreed that the tract shall be developed under single direction and in the manner approved.
[2]
Any parcel to be used as agritainment development must have a minimum tract area of 10 contiguous acres of land.
[3]
At least 50% of the tract must be composed of developable land as defined in this chapter.
[4]
Any tract to be used as an agritainment development must include an existing agricultural building such as a barn which had been used for agricultural purposes in the past such as shelter for animals, storage of grain, processing of milk and related activities, preserved and renovated to accommodate private parties and receptions; and, any such agricultural building to be used for parties and receptions shall be renovated to meet all applicable regulations of the Township building code[2] for occupancy by people at parties and receptions.
[5]
An agritainment development may be permitted on the same parcel together with residential uses, agricultural uses and special exception uses pursuant to § 300-171C.
[6]
There shall be an active agricultural operation occurring on the tract.
[7]
The location of an agritainment development shall be improved with vegetative and/or physical screening, buffering, or by other appropriate means to prevent adverse impacts upon neighboring properties, such as odor, noise, dust, vibration, smoke, or glare.
[8]
All garbage and waste associated with the venue shall be stored within a fully screened dumpster area located at least 100 feet from any abutting property lines.
[9]
Where appropriate, all buildings or structures used to host events that employ sound systems shall demonstrate the reasonable use of available methods for soundproofing so that music or other audio projections onto neighboring properties are minimized to the maximum extent possible.
[11]
At least 30 days prior to the first event of the calendar year, the property owner or venue operator shall provide the following information/documentation to the Township:
[a]
Complete contact information for the property owner and operator responsible for hosting the events. Any changes to this information shall be provided to the Township as soon as feasible.
[b]
Designated traffic routes. Any changes to this information shall be provided to the Township as soon as feasible.
[c]
Parking locations on site and remote parking (if required). Any changes to this information shall be provided to the Township as soon as feasible.
[d]
A signed affidavit acknowledging the property owner or operator's responsibility for the life safety of occupants during special events.
[e]
The Board of Supervisors shall have the right to impose such other reasonable conditions on the development and use of an agritainment development to mitigate adverse impacts upon adjoining properties, including but not limited to those criteria and requirements applicable to the consideration and issuance of a special event permit pursuant to Chapter 251 of the Township Code.
(c)
Uses permitted in renovated agritainment structures and qualified sites:
[1]
Private parties/events, fully within those structures once used for agricultural uses and renovated to comply with current building codes.
[2]
Agricultural themed play areas.
[3]
Vegetable, fruit, and flower picking.
[4]
Feeding of livestock/petting zoo (in compliance with Pennsylvania Department of Health regulations).
[5]
Retail sale of agricultural commodities, farm products, and associated products (including but not limited to holiday decorations and baked goods).
[6]
Temporary mobile food vendors, defined as self-contained food service operations, located in a readily movable motorized, wheeled, or towed vehicle, used to store, prepare, display, or serve food intended for individual portion service, when associated with specific private parties/events.
(2)
Development plan. If conditional use approval is granted for the use of a tract of land for an agritainment development, within three years after the date of conditional use approval, the development plan shall be submitted and then processed and acted upon by the normal procedures established in Chapter 270, Subdivision and Land Development, for all other subdivision and/or land development plans. If development plans are not submitted within the specified time period, the conditional approval is voided.
(3)
Any substantial or material change in the proposed operation of an agritainment development from that presented to and approved by the Board of Supervisors shall require a new conditional use approval by the Board of Supervisors.
§ 300-172 Area, width and yard regulations.
[Amended 9-20-1982 by Ord. No. 231; 7-6-1998 by Ord. No. 374]
The following area, width and yard regulations shall apply in the R-1 Residential-Agricultural District:
Lot Area (square feet = a) | Building Coverage (percentage = b) | Width (feet = c) | Front Yard (feet = d) | Side Yard (minimum) (feet = e) | Rear Yard (feet = f) |
|---|---|---|---|---|---|
43,560 | 10 | 150 | 40 | 20 | 50 |
A.
A lot area of not less than a square feet per dwelling unit.
B.
Total building coverage of not more than b percent of the total lot area.
C.
A lot width at the building setback line of not less than c feet measured along the building line.
D.
A front yard depth of not less than d feet measured from the street line.
E.
An aggregate side yard total of 60 feet, of which neither side shall be less than e feet.
F.
A rear yard depth of not less than f feet, except that an accessory use may be erected with the rear or side yard not closer than five feet to the rear or side property line.
§ 300-173 Height regulations.
The maximum height of buildings or structures, except for farm buildings and silos, erected or enlarged in the R-1 Residential Agricultural District shall be:
§ 300-174 Recreation and open space amenities.
[Added 2-21-1978 by Ord. No. 197; amended 12-16-1991 by Ord. No. 307; 8-7-1995 by Ord. No. 342; 2-7-2000 by Ord. No. 388]
In cases where development of a tract of land of at least 15 acres is to be undertaken, the developer shall provide community areas, playgrounds and tot-lots for the comfort and convenience of the prospective residents in this district. In this regard, the developer shall provide at least 10% of the total site area as usable open space. Such open space shall be governed by the provisions of Article V, Open Space and Recreational Facilities Chapter 270, Subdivision and Land Development. At the discretion of the Board of Supervisors, the developer may provide a fee in lieu of dedication as an alternative to setting aside open space. Said fee shall be provided in accordance with § 270-92 of Chapter 270, Subdivision and Land Development. For development of a tract of fewer than 15 acres, a fee in lieu of dedication shall be required, also in accordance with the provisions of § 270-92 of Chapter 270, Subdivision and Land Development.
§ 300-175 Flexible lot sizes.
[Added 4-4-1988 by Ord. No. 280]
A.
Intent. It is the intent of this section to provide a means of developing single-family detached dwellings on lots some of which are larger and some of which are smaller than is otherwise required, incorporating areas of open space within the development; all lots, when combined, represent the average lot size of 30,000 square feet as stated herein. It is further the intent of this option to:
(1)
Consolidate otherwise scattered development.
(2)
Encourage the creation of internalized development patterns.
(3)
Preserve open space through a combination of deed-restricted easements and consolidation of common areas, similar to the concept of clustering allowed in other articles of this chapter.
B.
Minimum tract size. In order to qualify for subdivision pursuant to this section, a tract of land shall contain not less than 35 acres in area. Flexible lotting may be permitted on tracts smaller than 35 acres as a conditional use when approved by the Board of Supervisors pursuant to the procedures contained in § 300-60 of this chapter, and provided that the applicant demonstrates that one or more of the following criteria are met:
[Amended 2-20-2001 by Ord. No. 401]
(1)
A significant portion of the tract contains natural features which would be lost under traditional lotting. Features which would be considered include, but are not limited to, floodplains, wetlands, steep slopes, ponds or other water bodies, woodlands, and hedgerows.
(2)
The open space preserved through flexible lotting would preserve one of the properties, or a portion thereof, as identified in the Township's Open Space and Environmental Resource Protection Plan (1995) or subsequent amendments thereto, or properties identified for preservation in the currently adopted Township Comprehensive Plan. The open space preserved through flexible lotting could also serve to link open spaces either currently preserved or identified for preservation in the aforementioned documents.
(3)
An historic farmstead, its ancillary uses and/or buildings or structures would be preserved and proposed for viable reuse.
(4)
The use of flexible lotting would better achieve the Township's goals for maintaining its rural character than would development under standard R-1 requirements.
C.
Lot size. A minimum lot size of 20,000 square feet and a maximum lot size of five acres (217,800 square feet) shall be permitted. An overall average lot size of 30,000 square feet shall be required.
D.
Required yard areas. A front yard of at least 40 feet from the ultimate right-of-way line must be provided. Two side yards of not less than 20 feet each with an aggregate width of 50 feet shall be provided. The rear yard shall be the normally provided rear yard in an R-1 Residential-Agricultural District of 50 feet.
E.
A lot width of at least 100 feet shall be provided. Section 270-54D of Chapter 270, Subdivision and Land Development, regarding corner lot sizes, shall not apply to subdivisions pursuant to this section; provided, however, that corner lots shall have a minimum width of 125 feet on each street on which they abut. The maximum building coverage shall not exceed 15% of the lot.
F.
Open space requirements. An open space area of not less than 20% of the gross land area of the entire tract shall be provided. Such open space shall be governed by the provisions of Article V, Open Space and Recreational Facilities, of Chapter 270, Subdivision and Land Development; ownership and maintenance for the open space shall be governed by the provisions of § 270-91 therein. All common open space shall be reasonably accessible to the residents in the proposed subdivision. In calculating the open space requirement, excluded from the gross land area shall be existing rights-of-way for roadways and utilities.
[Amended 8-7-1995 by Ord. No. 342; 6-1-1998 by Ord. No. 373; 2-20-2001 by Ord. No. 401]
G.
Calculation of density. Each site is unique; it has physical features which are rarely duplicated precisely on another site. Portions of sites that contain valuable nonreproducible natural resources will be left protected and undisturbed. The purpose of this section is to determine the appropriate intensity of use to which a specific tract may be put. Initially, when applying for the lot-averaging alternative pursuant to this section, an applicant shall submit a plan accurately delineating woods and tree lines, steep slopes, floodplains and wetlands, as well as a road and lot layout drawn pursuant to the normal R-1 Residential-Agricultural District requirements. In addition to any other information required herein, this plan shall comply in all respects with the requirements for a tentative sketch plan, pursuant to § 270-31 of Chapter 270, Subdivision and Land Development, as well as all other applicable requirements of that chapter and of the Township Zoning Ordinance. It is the intent of this section to protect the environmentally sensitive areas as well as the existing character of the Township. However, the applicant shall be entitled to the total number of dwelling units permitted pursuant to the R-1 Residential-Agricultural District regulations. Once the number of dwelling units that is achievable through the R-1 District has been ascertained through the review of the submitted plan, then that number of dwelling units may be incorporated into a plan pursuant to this section.
[Amended 6-18-1990 by Ord. No. 299]
H.
Further subdivision. Any lot which under the R-1 Residential Agricultural District would be capable of further subdivision shall not be included in determining average lot area unless the possibility of further subdivision is eliminated by deed restriction in a form acceptable to the Township Solicitor and duly recorded in the office of the Recorder of Deeds for the County of Montgomery.
I.
Sewer and water. Any development pursuant to this cluster development alternative shall provide public sewers and a centralized water system.
J.
Berms, buffers and large lots. In addition to the preservation of environmentally sensitive areas, the intent of this section is to preserve the rural atmosphere of Upper Providence Township. Consequently, any plan submitted hereunder shall internalize the development, and lots fronting on all existing public roads must create the impression of a rural community through the use of large lots, landscaping and/or berming or any combination of these items.
[Amended 12-16-1991 by Ord. No. 307]
(2)
Where residential development other than a large lot, as defined above, occurs adjacent to any existing roads in the areas deemed appropriate by the Board of Supervisors, a fifty-foot landscaped buffer of deciduous and coniferous plant materials shall be installed, forming a substantially visually impervious buffer at a minimum height of eight feet at the time of installation and which may be maintained at a minimum height of not less than 15 feet upon maturity. An earth berm of a minimum height of six feet may be constructed, in which case the Board of Supervisors may lessen its requirements for plant materials. The Board of Supervisors may waive the requirements for buffering if equivalent screening is provided by parks or by topography or other natural conditions. Such a buffer area is required to diminish the visual encroachment of residential development on scenic rural areas and roadways.
(3)
Buffer areas shall be measured horizontally and at right angles to either a straight lot or street lines or the tangent lines of a curved lot or street lines. No above-surface structure or activity, storage of materials or parking or vehicles shall be permitted in the buffer area. All buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
(a)
Planting plans shall be prepared by a registered landscape architect and shall be so certified.
(b)
Plant materials used in screen planting shall be at least six feet in height when planted and be of such density as deemed appropriate for the activities involved. The plant materials shall be of a species common to the area, be of nursery stock and shall be free of insects and disease.
(c)
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
(d)
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet from any street or property lines.
(e)
The Board, at its discretion, may consult with a landscape architect regarding the appropriateness of the landscaping plan as it relates to the physical characteristics of the site.