Washington Township
City Zoning Code

Single-family detached dwellings.

Two-family dwellings.

Open space and recreation land.

Agriculture, subject to the further regulations of § 131-72, including accessory structures and uses to the extent which they support the agricultural function of the property, including barns, silos, bulk bins, roadside stands for the sale of goods grown or otherwise produced on the property and similar uses. The following activities are specifically excluded from this district: feedlots for livestock, mushroom houses, poultry houses and similar activities which typically emit noises and odors of such intensity as to be offensive to residential development.

Facilities or structures owned or operated by the Township, a duly created municipality authority of the Township or the county, state or federal government for the benefit of the general public.

Uses customarily accessory to the above uses, including but not necessarily limited to private garages and parking areas; signs in conformance with § 131-78; accessory uses set forth and in conformance with § 131-70; and such other accessory uses as may be further regulated by this chapter or other regulations of the Township.

Communications antennas mounted on an existing public utility transmission tower or an existing water tower and communications equipment buildings.

Mobile home park as an overlay use in accordance with the provisions of Subsection A(7) of this section.[1]

Retirement homes.

All of the uses set forth in § 131-27A(l)(a), (d), (e) and (f) above.

Public or private outdoor recreation areas and facilities, such as parks, playgrounds, picnic grounds, swimming clubs, camps, golf courses and country clubs. Vehicular race tracks, amusement parks, driving ranges, and miniature golf courses are specifically excluded.

Cemetery.

All of the uses permitted in § 131-27A(1) above.

Townhouses, in accordance with the regulations of § 131-73B(1), (3) and (5).

Planned residential development, in accordance with the regulations of Article XXIII of this chapter.

Retail uses and service businesses.

Residential lots in villages shall not be located within 250 feet of the ultimate right-of-way line of Route 100.

Commercial/mixed-use areas in villages shall be located so they are easily accessible by pedestrians from as much of the residential areas as possible (preferably within 1,500 feet, a five-minute walk). Nonresidential uses that are intended to serve an area beyond the village itself shall be located to permit vehicular access from outside the village without passing through residential streets. This part of the village may be located close to state-numbered highways.

Villages are intended to provide for a range of complementary uses and may consist of two areas: residential and commercial/mixed-use areas. These areas are intended to provide for the diversity necessary for traditional village life while maximizing the interactions among related uses while minimizing the adverse impacts of different uses upon each other. The village residential area is intended to contain a variety of housing options and related uses. The village commercial/mixed-use area is intended primarily to provide uses that meet the retail and service needs of a traditional village center and its vicinity within one- and two-story buildings and may contain other compatible uses such as civic and institutional uses of community-wide importance, specifically including second-floor residential uses. The village commercial/mixed-use area may be located either at the approximate center of the village or at the edge, near an existing major or minor collector. If the village commercial/mixed-use area is located along such a thoroughfare, parking areas shall be screened from view, preferably in locating them behind those commercial buildings, as seen from the collector.

Determining number of lots permitted. The number of lots permitted upon a tract in the HDV District shall be determined according to the formula:

Front yard, minimum: 20 feet.

Rear yard, minimum: 40 feet.

Side yard: 30 feet separation for principal buildings, with no side yard less than five feet.

From yard: 150 feet from the right-of-way of existing Township roads, but 40 feet from the right-of-way of new subdivision streets, lanes or common driveways (where applicable).

Rear yard: 50 feet.

Side yard: 50 feet.

Determining the number of units permitted. The maximum number of residential units permitted upon a tract in the HDV District shall be determined according to the formula:

Villages shall include multiple greens or commons measuring a total of at least 1,000 square feet for each dwelling unit.

Front yard: 15 feet minimum (but 10 feet to unenclosed front porches or steps) and 25 feet maximum.

Rear yard: 30 feet minimum for principal uses and five feet for accessory uses.

Side yard: twenty-foot separation for principal buildings, with no side yard less than five feet.

New commercial buildings in village commercial/mixed-use areas and their associated parking spaces shall not occupy more than 25% of the adjusted tract area.

Nonresidential parking areas shall typically be allowed to occupy up to 80% of their building sites, with relatively little land between structures or between structures and the sidewalk. Parking areas shall generally be located behind shops (and occasionally to one side, if adequately screened from the street) and should be the primary focus of landscaping and buffering efforts (particularly where they abut adjoining residential lots).

Front yard: no minimum required; maximum setback 15 feet from the right-of-way.

Rear yard: 20 feet minimum.

Side yard: five feet.

New buildings in the village commercial/mixed-use area shall be subject to a maximum front setback (the build-to line) in order to maintain a strong sense of streetscape. Such buildings shall generally be of two-story construction and shall be designed in accordance with the design standards set forth below.

Ground floor space shall generally be reserved for pedestrian-oriented retailing and services, with offices and housing above.

Each village commercial/mixed-use area shall have a primary common or green of at least 10,000 square feet, which should ideally be surrounded by two-story development that may include commercial, residential, civic and institutional uses. This primary common shall border on the principal street running through the commercial/mixed-use area or be located so as to constitute the terminal vista of that street. No green shall contain more than 10% coverage by impervious surfaces.

Nonresidential off-street parking shall be to the side or rear or located within internal parking areas not visible from the street.

On-street parking spaces along the street frontage of a lot (except where there are driveway curb-cuts) shall be counted toward the minimum number of parking spaces required for the use on that lot.

On-street parking spaces shall be designed to be parallel to the curb.

Off-street parking may be located within 600 feet (measured along a publicly accessible route) from the lot containing the use to which the parking is accessory. Said lot containing the parking shall be owned or leased to the owner of the principal use, or the lot containing the parking shall be dedicated to parking for as long as the use to which it is accessory shall continue and it is owned by an entity capable of assuring its maintenance as accessory parking.

The Board may allow up to a 10% density bonus to generate additional income to the applicant for the sole purpose of endowing a permanent fund to offset continuing costs of maintaining the greenway land (involving activities such as mowing meadows, removing invasive vines, paying insurance premiums and local taxes, etc.), including costs associated with active or passive recreation facilities. Spending from this fund should be restricted to expenditure of interest so that the principal may be preserved. Assuming an annual average interest rate of 5%, the amount designated for the endowment fund shall be at least 20 times the estimated annual maintenance costs. Such estimate shall be prepared by an agency, firm or organization acceptable to the Board and with experience in managing conservation land and recreational facilities.

Because additional dwellings, beyond the maximum that would ordinarily be permitted, may reasonably be considered to be net of development costs and represent true profit, 75% of the net selling price of the endowment lots shall be donated by the applicant to the greenway maintenance endowment fund for the greenway lands within the subdivision. This fund shall be transferred by the developer to the designated entity with ownership and maintenance responsibilities (such as a homeowners' association, a land trust or the municipality) at the time this designated entity is created.

When estimating the projected maintenance costs of the greenway land, it is not necessary to include greenway land that is not accessible by the subdivision residents for their common enjoyment. Such lands would typically include areas designated on the final plan for future agricultural, horticultural, silvicultural or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement. In such cases, the density bonus shall be adjusted proportionately to reflect only the acreage that is accessible to residents for their passive or active recreation.

The design and modifications shall be in harmony with the purposes and the land-use standards contained in this article.

The design and modifications shall generally enhance the development plan, the central core area, the streetscapes and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this article.

The design and modifications shall not produce lots or street systems that would be impractical or detract from the appearance of the district and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air.

Increased residential density or intensification of nonresidential uses shall, in general, not be considered by the Board.

The applicant shall demonstrate that the proposed modifications will produce equal or better results, from the municipality's perspective, and represent the minimum modification necessary.