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Westtown Township City Zoning Code

ARTICLE VIII

R-3 Residence-Office District

§ 170-800 Statement of intent.

A. 
In addition to the goals presented in the general purpose and the community development objectives sections of this chapter, the purpose of this district is to make specific provisions for appropriate multifamily residential and limited office uses in selected locations, particularly along major highways, which can serve as logical transitional districts between single-family residential development and areas of heavier traffic, and which produce fewer hazards and less interference with highway traffic than conventional commercial areas by:
[Amended 12-16-2013 by Ord. No. 2013-6; 9-3-2024 by Ord. No. 2024-06]
(1) 
Providing for higher density in selected areas capable of accepting the increased density without overburdening services;
(2) 
Accommodating market demand and recognizing the economics of multifamily residential development;
(3) 
Accommodating increased population on smaller tracts of land while preserving open space;
(4) 
Providing for a balance of choice in residential structural types and to provide for adequate traffic, fire, landscaping, and screening controls, so as to present an attractive and safe addition to residential development patterns in the Township; and
(5) 
Providing for office uses that produce fewer hazards and less interference with highway traffic than traditional commercial uses and are thereby compatible with high-density residential development.
B. 
The design standards contained in this article are intended to be consistent with zoning purposes regarding appropriate density and intensity of use, avoidance of congestion, and adequacy of light and air.

§ 170-801 Use regulations.

A. 
Uses by right. A building may be erected, altered, or used, and a lot or premises may be used or occupied, by right, for any of the following purposes and no other:
[Amended 9-15-1997 by Ord. No. 97-3; 3-3-2003 by Ord. No. 2003-2]
(1) 
Multifamily dwellings, except that townhouse dwellings shall be permitted only as a conditional use, as stipulated in § 170-801B, below.
(2) 
Accessory uses. Only the following accessory uses shall be permitted:
(a) 
Swimming pool, in accordance with provisions of § 170-1611 of this chapter.
(b) 
Minor home occupations, in accordance with the terms of § 170-1605 of this chapter.
(c) 
Uses customarily accessory to multifamily residential use, including but not limited to:
[1] 
Parking areas and private garages;
[2] 
Storage buildings, areas, or garages;
[3] 
Laundry, provided that it is for the exclusive use of residents of the site. Any laundry drying area shall be indoors;
[4] 
Community recreation, eating, or medical care facility, provided it is for the exclusive use of residents of the site and their guests; and
[5] 
Patios or terraces.
(3) 
Twin dwellings, which shall meet the requirements of § 170-802E.
(4) 
Single-family detached dwellings, which shall meet the requirements of § 170-802F.
B. 
Conditional uses. The following uses shall be permitted only upon approval as a conditional use by the Board of Supervisors in accordance with the terms of this article and § 170-2009 of this chapter:
(1) 
Conversion of a single-family dwelling, in accordance with the provisions of § 170-1608 of this chapter.
(2) 
Integrated townhouse development, in accordance with the terms of Article X of this chapter.
(3) 
Professional or business office, the normal attributes of which do not involve on-the-premises retailing or the direct sale of merchandise to the general public.
(4) 
Professional or business offices in combination with multifamily residential use, in the form of either apartment or townhouse dwellings, only in accordance with the provisions of this article and of Article X of this chapter pertaining to the uses as proposed.
(5) 
Educational or religious uses.
[Amended 10-20-1997 by Ord. No. 97-5]
(6) 
Day-care center.
[Amended 10-20-1997 by Ord. No. 97-5]
(7) 
Institutional uses, excluding hospitals, sanitariums, penal or corrective institutions and related rehabilitative facilities.
[Amended 10-20-1997 by Ord. No. 97-5]
(8) 
Residential care facilities for senior citizens.
[Amended 10-20-1997 by Ord. No. 97-5]
(9) 
Banking or financial institution only where in combination with a professional or business office as provided in § 170-801B(3) or (4).
[Added 5-2-2005 by Ord. No. 2005-4]
(10) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(10), regarding visual arts center, added 12-16-2013 by Ord. No. 2013-6, was repealed 9-3-2024 by Ord. No. 2024-06.
(11) 
Medical services.
[Added 4-4-2022 by Ord. No. 2022-03]
(12) 
Veterinary clinic for the treatment of domestic animals, provided that boarding is prohibited.
[Added 4-4-2022 by Ord. No. 2022-03]

§ 170-802 Area and bulk regulations.

The following regulations shall apply:
A. 
The maximum density of use on any tract within the R-3 District shall be as determined by § 170-1519B of this chapter.
B. 
Apartment dwellings.
(1) 
Minimum tract area: five acres, as determined by § 170-1519A of this chapter.
[Amended 3-3-2003 by Ord. No. 2003-2]
(2) 
Maximum density shall be as stipulated in § 170-1519B.
[Amended 3-3-2003 by Ord. No. 2003-2]
(3) 
Minimum floor area per dwelling unit:
(a) 
One bedroom or less: 700 square feet of floor area.
(b) 
Two bedrooms: 850 square feet of floor area.
(c) 
Three bedrooms or more: 1,100 square feet of floor area.
(4) 
Minimum tract width at building setback line: 280 feet.
(5) 
Minimum tract width at street line: 50 feet.
(6) 
Maximum impervious coverage: 50%.
[Amended 12-5-1994 by Ord. No. 94-6]
(7) 
Distance between buildings: To encourage flexibility in site design, maintain and protect views for occupants of buildings, ensure privacy, and assure sufficient light and air, the minimum distance between buildings shall be:
(a) 
Two times the height of the taller of two buildings where fenestrated facades face each other, or where one fenestrated facade faces an unfenestrated facade (wall, end, or corner), but in no case less than 60 feet; and
(b) 
Twenty-five feet, where two buildings abut end to end, corner to corner, or end to corner (where corners and ends are unfenestrated).
(8) 
Minimum setback from tract boundaries:
(a) 
All buildings shall be set back from the right-of-way line of any street which the development abuts, and from any boundary line of the tract, a distance of not less than 100 feet. Where proposed apartment buildings will abut tracts containing other apartment buildings, this distance may be reduced to 50 feet.
(b) 
In cases where a multiple dwelling building abuts a tract zoned A/C, R-1, or R-2, this one-hundred-foot distance is to include at least a fifty-foot planted buffer (containing no paving), and a fifty-foot setback which shall not intrude into the buffer.
(9) 
Unit width: No unit shall be less than 20 feet in width.
(10) 
Maximum building length: 100 feet.
(11) 
Building height: Building height shall be limited to three stories and shall not exceed 38 feet.
[Amended 5-1-1995 by Ord. No. 95-2]
(12) 
Minimum common open space: 40% of the gross area of the tract.
C. 
Accessory uses. Accessory uses may be located in side and rear yards, but only in conformance with the standards of § 170-1502 of this chapter. Maximum height for accessory buildings shall be 20 feet.
D. 
Conditional uses.
(1) 
For any integrated townhouse development, the area and bulk standards of Article X applicable to such use shall govern in the R-3 District.
(2) 
For professional or business office use, as permitted under § 170-801B(3) and (4), and for uses in § 170-801B(5), (6), (11), and (12) above, the following standards shall apply:
[Amended 12-5-1994 by Ord. No. 94-6; 10-20-1997 by Ord. No. 97-5; 3-3-2003 by Ord. No. 2003-2; 5-2-2005 by Ord. No. 2005-4; 4-4-2022 by Ord. No. 2022-03]
(a) 
Minimum tract area: two acres, as determined by § 170-1519A of this chapter
(b) 
Minimum setback from tract boundaries:
[1] 
All buildings shall be set back from the right-of-way line of any street which the development abuts, and from the boundary line of the tract, a distance of not less than 100 feet. Where proposed buildings will abut tracts containing similar uses, this distance may be reduced to 50 feet.
[2] 
In cases where a professional or business office use abut a tract zoned A/C, R-1, or R-2, this one-hundred-foot distance is to include at least a fifty-foot planted buffer (containing no paving), and a fifty-foot setback which shall not intrude into the buffer.
(c) 
Maximum floor area ratio: 0.30.
(d) 
Maximum impervious coverage: 60%.
(e) 
Standards for lot width, distance between buildings, building length, building height, and common open space shall be those stipulated in § 170-802B above, except for the following:
[1] 
The 100 feet maximum building length shall not apply.
[2] 
In place of the 40% common open space requirement, a minimum of 40% of the tract shall be maintained in areas covered with vegetative ground cover with substantial numbers of trees and shrubs.
(f) 
The Board of Supervisors may, in its sole discretion, permit the units within the professional or business office buildings to be constructed upon lots which are held in single and separate ownership and which conform in lot area to the footprint of the foundation of each such unit. In lieu of a lot measured by the unit footprint, the developer may elect to provide for condominium ownership.
(g) 
Where professional or business office use is to be developed in combination with apartment or townhouse use, as provided in § 170-801B(4), each of the two combined uses shall be required to comply with the standards for development (area and bulk regulations, density and design standards, site conditions, open space and other applicable standards) set forth in this chapter and applicable to each such use, if developed independently of the other. In the case of an integrated townhouse development, combined with the said office use, the Board of Supervisors may, in its sole discretion, permit a lot size which conforms to the footprint of the townhouse foundation. In lieu of either the lot of 1,200 square feet or the lot measured by the unit footprint, the developer may elect to provide for condominium ownership. In the conditional use review process where such a combination of uses is proposed, each area of the lot being developed and devoted to a particular use shall be designated and shall be considered a separate lot for review purposes and for application of the respective development standards of this chapter applicable thereto.
(h) 
With respect to areas of common ownership, the developer shall make adequate provision for the maintenance of common areas, giving the Board the authority to enter and maintain the area, together with the right to lien the property as provided for in §§ 170-907 and 170-908 of this chapter.
(3) 
Institutional uses.
[Amended 10-20-1997 by Ord. No. 97-5]
(a) 
Minimum tract area:
[1] 
Three acres for an institution housing up to four residents/clients and any associated supervisory personnel.
[2] 
An additional 1/2 acre of lot area shall be required above the three-acre minimum for every two additional residents/clients and associated supervisory personnel, or any portion of such increment.
(b) 
Minimum setback from tract boundaries shall be that stipulated in § 170-802D(2)(b) above.
(c) 
Maximum floor area ratio: .40.
(d) 
Maximum impervious coverage: 60%.
(e) 
Standards for lot width, distance between buildings, building length, and building height shall be that stipulated in § 170-802B above.
(f) 
Minimum requirements for off-street parking shall be those applicable to a single-family dwelling as specified in Article XVII for an institution housing up to four resident/clients and associated supervisory personnel. One additional parking space shall be required for each additional two resident/clients and associated personnel.
(g) 
The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived, particularly with respect to fire protection, safety measures, construction standards, and design standards to accommodate the handicapped. The Board of Supervisors may authorize approval of the conditional use contingent upon the requisite approvals being obtained.
(h) 
The Board of Supervisors shall consider the proximity of the proposed use to any other similar institution within the Township and/or to similar facilities in adjacent municipalities and shall not approve any such request where resulting proximity might unduly alter the intended character of the neighborhood through the relative concentration and scale of such uses.
(4) 
Residential care facilities for senior citizens. Refer to Article XVI, § 170-1613, Standards for residential care facilities for senior citizens.
[Amended 10-20-1997 by Ord. No. 97-5]
E. 
Twin dwellings.
[Added 3-3-2003 by Ord. No. 2003-2]
(1) 
Maximum density: four dwelling units per acre of tract area, based upon § 170-1519. Each dwelling shall be on its own fee-simple or condominium lot. Each dwelling shall be physically placed so that all of the dimensional requirements could be met as if each dwelling was on its own lot. However, such lot lines do not need to be legally established.
(2) 
Maximum building coverage: 30%.
(3) 
Maximum impervious coverage: 60%.
(4) 
Minimum side yard: 10 feet.
(5) 
Minimum building setback line from the right-of-way of a minor street: 25 feet.
[Amended 11-7-2022 by Ord. No. 2022-09]
(6) 
Minimum rear yard: 30 feet.
(7) 
Minimum building setback from the future right-of-way line of an arterial street: 100 feet.
(8) 
Minimum building setback from the future right-of-way line of a collector street: 50 feet.
(9) 
Minimum lot width at minimum building setback line: 50 feet per dwelling unit.
(10) 
Maximum building height: three stories or 38 feet, whichever is most restrictive.
(11) 
Minimum common open space: 30% of the gross area of the tract.
(12) 
Minimum lot area: 4,800 square feet per dwelling unit.
F. 
Single-family detached dwelling.
[Added 3-3-2003 by Ord. No. 2003-2]
(1) 
Maximum density: four dwelling units per acre of tract area, based upon § 170-1519. Each dwelling shall be on its own fee-simple or condominium lot. Each dwelling shall be physically placed so that all of the dimensional requirements could be met as if each dwelling was on its own lot. However, such lot lines do not need to be legally established.
(2) 
Maximum building coverage: 30%.
(3) 
Maximum impervious coverage: 65%.
(4) 
Minimum side yard: two required, each with a minimum of 10 feet.
(5) 
Minimum building setback line from the right-of-way of a minor street: 25 feet.
[Amended 11-7-2022 by Ord. No. 2022-09]
(6) 
Minimum rear yard: 30 feet.
(7) 
Minimum building setback from the future right-of-way line of an arterial street: 100 feet.
(8) 
Minimum building setback from the exterior boundaries of the tract and any future right-of-way line of a collector street: 50 feet.
(9) 
Minimum lot width at the minimum building setback line: 50 feet per dwelling unit.
(10) 
Maximum building height: three stories or 38 feet, whichever is most restrictive.
(11) 
Minimum common open space: 20% of the gross area of the tract.
(12) 
Minimum lot area: 8,000 square feet.[1]
[1]
Editor's Note: Former Subsection G, which immediately followed this subsection, regarding visual arts center, added 12-16-2013 by Ord. No. 2013-6, was repealed 9-3-2024 by Ord. No. 2024-06.

§ 170-803 Design standards.

A. 
The following design standards, to the extent not modified in § 170-802 above, as applicable, shall govern all uses permitted by right and by conditional use in the R-3 District:
[Amended 12-5-1994 by Ord. No. 94-6; 12-16-2013 by Ord. No. 2013-6]
(1) 
Screening: As required by § 170-1508 of this chapter.
(2) 
Storage: As required by § 170-1509.
(3) 
Landscaping: As required by § 170-1507.
(4) 
Access and traffic control: As required by § 170-1510.
(5) 
Interior circulation: As required by § 170-1513.
(6) 
Lighting: As required by § 170-1514.
(7) 
Parking: As required by Article XVII.
(8) 
Signs: As required by Article XVIII.
(9) 
All utility services are to be installed underground.
(10) 
Open space: As required by § 170-907A.
B. 
Special site design standards for apartments:
(1) 
Whenever a rear entry to an apartment house faces a public street or dwelling, there shall be a continuous vision screening wall, fence, or appropriate landscaping not less than six feet in height between the public street or dwelling and the apartment house.
(2) 
Inner courtyards. All such courts shall have a minimum of two openings permitting access from outside the building groups into the courts. These openings shall be at least 12 feet in width between buildings and may be covered by a roof, but not by any other part of the building. At least one opening shall be without cover and accessible to an interior drive or fire lane easement.
(3) 
Walls, fences, and appropriately landscaped areas may be placed anywhere on the apartment tract, unless specifically restricted by any section contained in this chapter. All planting required to be six feet in height shall be of such species and size as will produce a substantial visual screen within five years from the date of approval of the plan by the Board.
(4) 
Off-street parking space may be provided as an individual garage or carport or a parking area adjacent to or near the apartment it serves, but not closer than 20 feet to the apartment wall, except when located within the apartment house.
(5) 
Parking access shall be screened by a masonry wall, fence, or appropriately landscaped area, with a height of not less than six feet. No parking space shall be located within any front yard, except that parking areas may be located within 10 feet of front lot lines, provided that the parking areas are screened by a continuous solid masonry wall, not less than six feet high and interrupted only at entrances and exits.