West Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE IV
R-1 Agricultural/Residential District
§ 200-13 Purpose.
The R-1 Residential District is designed to protect from overdevelopment those areas of the Township possessing environmentally sensitive features and those lands which are served by the local road network. The R-1 District is established to minimize the possibility of groundwater contamination by providing for low density development which depends on individual sewer and water facilities.
§ 200-14 Use regulations.
A.
Uses permitted by right:
(2)
Woodlots or conservation purpose.
(3)
Single-family dwelling, including single-family dwellings developed under the open space design option as provided in § 200-179A.
[Amended 7-17-2003 by Ord. No. 03-10]
(4)
(5)
Municipal, county, state or federal use, excluding dumps and corrective institutions.
(6)
Accessory uses. The following accessory uses are permitted when located on the same lot and customarily incidental to any of the foregoing permitted uses and when in accordance with the applicable provisions under Article XIV:
(7)
Forestry, except that timber harvesting shall be subject to the provisions of § 200-100B(2).
[Added 11-21-2002 by Ord. No. 02-05]
(8)
Vineyard.
[Added 10-5-2023 by Ord. No. 2023-04]
B.
Uses permitted by special exception when authorized by the Zoning Hearing Board and in accordance with § 200-16B, and Article XIV:
[Amended 5-5-1994 by Ord. No. 94-04]
C.
Uses permitted by conditional use when authorized by the Board of Supervisors in accordance with Article XXI, Conditional Use Process:
[Added 5-5-1994 by Ord. No. 94-04]
(2)
Development under the open space design option, including single-family, two-family and multiple-family dwellings in accordance with Article XXII.
[Amended 2-15-1996 by Ord. No. 95-08]
(3)
Riding academy.
(4)
Golf course and country clubs.
(5)
Kennels.
(6)
Public utility facility.
(7)
Major home occupations.
[Added 8-3-2000 by Ord. No. 00-03]
(10)
Event space, provided that the maximum number of attendees for any outdoor events may be set as a condition of approval, based on the size, configuration, or other limitations of the property or other property-specific concerns related to noise, traffic, or other matters affecting public health, safety, and welfare.
[Added 10-5-2023 by Ord. No. 2023-04]
§ 200-15 Agricultural uses and country properties.
[Amended 10-4-2001 by Ord. No. 01-02]
A.
Agricultural use requirements. The following requirements shall apply to all agricultural uses, in lieu of the area and bulk regulations established under § 200-16 for this district:
(1)
To qualify as an agricultural use, the tract supporting such use shall have a minimum area of four acres, except that mushroom production shall be provided with a minimum of 15 acres to qualify as a special exception.
(2)
All buildings and structures used in housing livestock and poultry and manure accumulation shall be situated no closer than 100 feet to any lot line or public right-of-way.
(3)
All dwellings and buildings shall not be constructed closer than 50 feet to all property lines.
(4)
Silos and bulk bins shall be exempted from height, area and bulk regulations when associated with an agricultural operation, provided such structures are setback equal to or greater than their height.
(5)
Tenant farm dwellings, accessory to the principal farmhouse, shall comply with the area and bulk regulations for residential use under § 200-16.
(6)
The maximum lot coverage on a farm shall not exceed 15%.
B.
Special use provisions for country properties. Where approved by the Board of Supervisors as a conditional use, the following uses shall be permitted on country properties, in addition to otherwise permitted principal and accessory uses, where such properties are restricted from being subdivided into parcels less than 10 acres in gross area. If, at any time, subdivision of a country property is approved, resulting in any lots containing less than 10 acres, then any conditional use approval granted under this section shall expire and any use permitted thereunder shall immediately be discontinued. The applicant shall affirmatively agree to such potential expiration of conditional use approval and discontinuance of use at the time of conditional use application.
(1)
Kennel, provided that any building, structure or facility erected or occupied for such use shall be located a minimum of 200 feet from any lot line.
(2)
Public stable, provided that, except where existing historical resources are utilized, any building or structure erected or occupied for such use shall be located a minimum of 200 feet from any lot line. Outdoor riding rings shall be located no less than 100 feet from any lot line.
(3)
Accessory dwelling unit not exceeding 1,500 square feet in gross floor area, whether in the same structure as the principal residence or in a traditional outbuilding (such as a barn, stable, carriage house, or spring house). Such accessory dwelling unit shall be designed to harmonize with vernacular rural buildings in the Township's historic landscape. There shall be a maximum of one accessory dwelling unit on any legal building lot greater than or equal to 10 acres in gross tract area, and a maximum of one additional accessory dwelling unit for each additional 25 acres in gross tract area. No such accessory dwelling unit shall be subdivided from the parent tract unless such subdivision results in lots fully in compliance with all applicable provisions of this chapter.
(4)
Major home occupation(s), regardless of whether direct access to either Route 82 or Route 322 is provided.
C.
Supplemental farm-related businesses. Provisions for supplemental farm-related businesses are made to provide opportunities to conduct such businesses and occupations as are intended to enhance and preserve the agricultural viability of farm parcels. Such activities should represent a secondary use of part of the tract and should not become the principal use, which should remain agricultural.
(1)
Permitted uses. Supplemental farm-related businesses may include, but are not limited to, the following:
(a)
Facilities for agricultural-related manufacturing, storage, sales, repair and service of agricultural equipment or vehicles (including carriages and buggies), or supplies.
(b)
Blacksmith or carpentry shops, farriers, harness-making.
(c)
Butcher shops, food-processing facilities, feed preparation or processing.
(d)
Veterinary activities (which primarily involve farm animals), stables, kennels.
(e)
Agricultural-related processing or assembly of materials.
(2)
General standards.
(a)
The area encompassed by one or more farm-related business(es) shall not exceed two acres of the parent parcel, including all structures, buildings, parking and outdoor storage, and shall not exceed a total of 8,000 square feet of building space. The applicant shall demonstrate that the size of the site is the minimum needed to conduct the farm-related business.
(b)
Not more than one, two-sided nonilluminated outdoor sign shall be permitted for a farm-related business, not to exceed 12 square feet per side. The area of any sign on a vehicle or structure which is regularly visible from the street shall be included in calculating compliance.
(c)
No outside storage areas shall be located closer than 20 feet to any property line. All such storage shall be screened from roads and residences (except dwellings located on the parcel).
(e)
Any building constructed or used as part of the farm occupation shall be of the nature that it can be converted to a permitted agricultural use or removed from the property if the supplemental farm-related business is discontinued.
(f)
No portion of the farm-related business shall be subdivided from the parent tract unless such subdivision results in all parcels 10 acres or greater in gross area.
(g)
At the time of conditional use application, the applicant shall indicate on a plan or plans submitted in accordance with § 200-174B, or in an accompanying narrative acceptable to the Board of Supervisors, means to control lighting, internal traffic, litter, sanitation, and noise. If a proposed supplemental farm-related business presents an extraordinary threat of fire, emits smoke, dust or other air pollutants, noise, light or glare, or creates a nuisance as a result of the hours of operation, the Board of Supervisors may attach such other reasonable conditions as deemed appropriate to mitigate these issues.
D.
Establishment of animal equivalent units in conjunction with agricultural uses and country properties. An animal equivalent unit (AEU) is 1,000 pounds of live weight of any animal on an annualized basis. "Annualized" means that if animals are not present for a whole year, the animal units are adjusted for the proportion of time during the year that animals are present. All AEUs are considered livestock, grazing animals and/or poultry.
[Added 5-2-2012 by Ord. No. 2012-05]
(2)
One AEU shall be permitted per grazeable acre in agricultural uses/country property.
(3)
Any combination of the aforementioned animals in Subsection D(1) may be utilized to establish an AEU. (Examples: two ponies equals one AEU; two sheep plus two alpacas plus two emus equals one AEU.)
(4)
All aforementioned AEUs permitted in agricultural uses/country properties, which abut a residential area, shall be maintained and/or housed in a fashion that shall not permit the animals to cross the property line to neighboring properties.
§ 200-16 Area and bulk regulations.
A.
The following area and bulk regulations shall apply to all nonagricultural uses permitted by right under the R-1 District, with the exception of single-family dwellings developed under the open space design option as provided in § 200-179A:
[Amended 2-15-1996 by Ord. No. 95-08; 7-17-2003 by Ord. No. 03-10]
(1)
Minimum lot area: 1.5 acres.
(3)
Minimum side yard (each): 20 feet.
(4)
Minimum front yard: 50 feet.
(5)
Minimum rear yard: 40 feet.
(6)
Maximum building coverage: 10%.
(7)
Maximum lot coverage (total): 15%.
(8)
Maximum building height: 35 feet.
(9)
Notwithstanding the minimum lot area of 1.5 acres, the maximum number of lots or dwelling units permitted on any tract shall be calculated by multiplying the net tract area times 0.5.
[Added 7-17-2003 by Ord. No. 03-10]
B.
The following area and bulk regulations shall apply to all nonagricultural uses permitted by special exception and/or conditional use under the R-1 District:
[Amended 2-15-1996 by Ord. No. 95-08; 12-21-2000 by Ord. No. 00-04]
C.
Sewerage capability.
[Added 2-15-1996 by Ord. No. 95-08]
(1)
Except for lots established under the open space design option, where any lot is served by an individual on-site sewage system, a contiguous net lot area of at least 33,000 square feet shall be provided which shall not be divided completely by any of the following areas:
(2)
Any lot existing prior to the effective date of this provision which does not meet the minimum net lot area requirement may be used for any lawful use subject to demonstration of adequate sewage disposal to the Zoning Officer.