Whitpain Township City Zoning Code
ARTICLE XIII
R-6 Agricultural/Rural Residence District
§ 160-68 Legislative intent.
A.
It is the purpose of this article to encourage and promote rural open space and conservation uses in the R-6 Zone, while also permitting low-density single-family and multifamily residential development which will blend with existing uses and perpetuate the rural atmosphere of the area. Accordingly, the district incorporates a density standard which, among other things, provides for farm and low-density dwelling uses, discourages isolated higher density development but permits rural cluster subdivisions, retirement communities and rural attached dwelling development as conditional uses and facilitates the conservation of agricultural and woodland areas, surface and underground water supplies and the control of soil erosion, and surface water flooding.
B.
In the R-6 Agricultural/Rural Residence District, the following regulations shall apply.
§ 160-69 Use regulations.
[Amended 9-4-1985 by Ord. No. 4-83]
A building may be erected, altered or used and a lot or premises may be used or occupied for any one of the following purposes and no other:
B.
As a permitted use, a golf course residential community consisting of any combination of one or more single-family attached or detached dwellings constructed on or adjacent to a golf course and which are an integral part of the overall development of the tract of which a golf course is a part.
[Added 9-28-1987 by Ord. No. 4-100; amended 12-19-1988 by Ord. No. 4-113]
(1)
Permitted facilities. The golf course residential community may include golf/country club facilities such as pools, tennis courts, athletic facilities, retail facility serving only the golf course residential community not to exceed 3,000 square feet, golf course and common area maintenance and storage facilities not to exceed 12,000 square feet, halfway house not to exceed 400 square feet, two golf course comfort stations not to exceed 400 square feet each and a clubhouse, not to exceed 65,000 square feet and 40 feet in height which may contain one or more of the following:
[Amended 7-2-2002 by Ord. No. 4-182]
(a)
Kitchen and dining facilities.
(b)
Snack bar and grille.
(c)
Bar and lounge.
(d)
Conference rooms, meeting rooms and ballrooms not to exceed 25% of the total gross square footage contained in the clubhouse.
(e)
Golf and tennis pro shops.
(f)
Locker rooms and shower facilities.
(g)
Rest rooms.
(h)
Exercise rooms.
(i)
Golf club repair and storage.
(j)
Management offices.
(k)
Golf cart storage.
(2)
Development regulations. The following additional development regulations shall apply to the golf course residential community:
(a)
Maximum density. The maximum density shall be 1.8 dwelling units per developable acre of land.
(b)
Exact size. The minimum tract size for a golf course residential community shall be 250 acres and the maximum tract size shall be 500 acres.
(c)
Minimum undeveloped and deed-restricted open space. A golf course shall be required, which shall contain 18 holes and shall be a minimum length of 6,000 yards measured from the center of the tee of each hole to the center of the green of each hole.
(d)
Setbacks.
[Amended 5-18-1992 by Ord. No. 4-129]
[1]
General rule. Subject to the exceptions set forth below, the minimum setback for all buildings and paved surfaces (other than necessary access roads) shall be 200 feet from the ultimate right-of-way from all arterial or collector streets (as defined in Chapter 129, Subdivision and Land Development, of the Whitpain Township Code). There shall be a minimum setback of 100 feet around the entire perimeter of the tract in which no structure or parking area shall be erected or situated, except where a greater setback shall be otherwise required by the terms of this chapter. Security and guard stations at entrance points, the golf course, entrance roads, ponds and cart paths may be located within the required setback.
[Amended 5-1-2018 by Ord. No. 4-249]
[2]
Exception for properties with more than one road frontage. The minimum setback from arterial or collector streets as set forth in the general rule may be reduced to no less than 100 feet along the shortest road frontage from which access to the site is proposed, subject, however, to the following conditions:
[Amended 5-1-2018 by Ord. No. 4-249]
[a]
A screen buffer to a minimum height of six feet and a softening buffer of no less than 25 feet in width shall be provided along the entire frontage of the primary street (exclusive of required road access) in all areas where the setback has been reduced to less than that required by the general rule above.
[b]
Setback may be reduced only in the event that the proposed use situated within the reduced portion of the setback area shall consist of single-family detached dwellings and yards associated therewith.
[c]
Individual parcel fences, if any, shall not be located within the buffer area and shall be placed behind the inside edge of the buffer as opposed to along the right-of-way lines or boundary lines.
[3]
Boundaries abutting state, county, Township and public utility owned lands. With regard to any boundary of the property immediately abutting (i.e., not separated by a public road) lands owned by the Commonwealth of Pennsylvania, the County of Montgomery, Whitpain Township or any public utility, the minimum setback may be reduced to not less than 50 feet subject to the following conditions:
[a]
A screen buffer of no less than six feet in height and a softening buffer of no less than 25 feet in width shall be provided along the entire perimeter of land adjoining the state, county, Township or public utility property in any areas where such setback reduction is to take place. Credit shall be given for existing on-site vegetation when computing the additional plantings needed to satisfy this condition.
[b]
Setback may be reduced only in the event that the proposed use situated within the reduced portion of the setback area shall consist of single-family detached dwellings and yards associated therewith.
[4]
Setback from lands owned by public utilities which bisect a property. There shall be no required setback for paved surfaces or structures from lands owned by public utilities less than 200 feet in width which transect any portion of a property proposed to be developed as a golf course residential community.
(e)
Parking requirements. The golf/country club facilities shall be provided with one off-street parking space for each 300 square feet of total floor area of the clubhouse and shall be provided with off-street delivery-collection areas.
[Amended 5-18-1992 by Ord. No. 4-129]
(f)
Height restrictions. The maximum height of buildings and other structures erected shall be 35 feet, except for the clubhouse which may be 40 feet in height and no more than two stories. Additional height for lights and sports equipment may be approved by the Board of Supervisors.
(g)
Minimum lot size per dwelling unit. No minimum lot size per residential dwelling unit shall be required in a golf course residential community.
(h)
Green area. A golf course residential community shall comply with the minimum green area requirements specified for the R-6 District in § 160-214 of this Code; provided, however, that in calculating required green area, areas within public and private road rights-of-way (excluding rights-of-way of limited access driveways) shall not be included in either the calculation of lot area or the calculation of maximum impervious cover, as required by § 160-214C of this Code.
[Added 4-16-1990 by Ord. No. 4-120]
(i)
Permitted accessory uses. Any of the following accessory buildings, structures or uses may be permitted in a golf course residential community:
[Added 4-16-1990 by Ord. No. 4-120]
[1]
Decks.
[2]
Porches (both enclosed and open).
[3]
Greenhouses (both freestanding and attached).
[4]
Hot tubs.
[5]
Swimming pools.
[6]
Fences.
[7]
Privacy walls.
[8]
Barbecues.
[9]
Cabanas, gazebos and sheds.
[10]
Individual on-lot satellite dishes or similar antenna 24 inches or less in diameter or equivalent area shall also be permitted.
(j)
Limitation on accessory uses. The following limitations shall apply to accessory buildings, structures or uses within a golf course residential community:
[Added 4-16-1990 by Ord. No. 4-120]
[1]
Whenever residential units have been constructed having a perimeter buffer as a rear yard, no accessory buildings, structures or uses shall be located in the perimeter buffer setback except as follows:
[Amended 9-18-1995 by Ord. No. 4-150; 9-21-1999 by Ord. No. 4-166]
[a]
Subject to the single-family dwelling setback requirements of the approved land development/subdivision plans, where a property is subject to a perimeter buffer, an open or enclosed porch or deck, not greater than 14 feet in height from the top of the floor elevation or paved patio, may be constructed to project no further than 20 feet into the perimeter buffer.
[Amended 2-18-2003 by Ord. No. 4-184]
[2]
Accessory buildings or structures.
[Amended 4-18-2000 by Ord. No. 4-172]
[a]
Whenever residential units have been constructed having a perimeter buffer as a rear yard, no accessory buildings, structures or uses shall be located in the perimeter buffer setback except as follows:
[i]
Subject to the dwelling setback requirements of the approved land development (subdivision plans, where a property is subject to a perimeter buffer), accessory structures not greater than 14 feet in height may be placed or constructed 50 feet into the perimeter buffer.
[Amended 2-18-2003 by Ord. No. 4-184]
[b]
Accessory buildings, structures or uses may be located within the rear yard only, where individual lots have been created, and shall in no event be located between the front of a dwelling unit and street lines.
[3]
Except for one community cable television antenna, no accessory buildings, structures or uses may exceed 16 feet in height.
(3)
Construction of golf course. No construction of residential dwelling units shall commence until construction of the golf course shall have commenced. No more than 25% of the building permits for residential dwelling units shall be issued until such time as golf course construction shall be complete.
(4)
Special regulations for attached dwelling units. Within the R-6 District, attached dwellings shall be permitted in conjunction with a golf course residential community.
(a)
For purposes of this section, "attached dwellings" shall be defined as a group of two or more, but not more than six, dwellings in which each dwelling has independent and separate outside access, has one or more common party walls and fully occupies the space from ground to roof.
[Amended 5-18-1992 by Ord. No. 4-129]
(b)
The design of any attached unit structure shall be varied so that no more than two adjoining units shall have a common roof plane (as defined below) nor shall more than two adjoining units share an unvaried front facade (or front wall foundation line) without the approval of the Board of Supervisors. For purposes of this subsection, the "roof plane of a unit" shall be defined as the surface of the roof from gutter edge to ridgeline.
[Amended 5-18-1992 by Ord. No. 4-129; 9-21-1992 by Ord. No. 4-133]
[1]
Variations shall consist of a vertical change of ridgelines of not less than 16 inches and the horizontal change in front facade of not less than two feet from the adjacent facade.
[2]
In order to qualify as a front facade variation, the horizontal change shall include at least 30% of the front wall elevation. Appurtenances such as bay windows, pent roofs and chimneys shall not qualify as a variation but are encouraged architectural features.
(c)
The minimum setback from any interior street, right-of-way, solid waste collection station, or common parking area (or access road thereto) shall be 20 feet, except for courtyards and culs-de-sac, in which event 12 feet shall be the permissible minimum setback.
(d)
Horizontal distance between buildings. The horizontal distance between the closest point of two adjacent buildings shall not be less than 12 feet. In addition:
[Amended 9-21-1992 by Ord. No. 4-134]
[1]
Where the angle which one adjacent building forms to another is less than 20° and the overlap of the walls of the two adjacent buildings is greater than 25% of the wall length of either building, the minimum distance between the two buildings shall be no less than 15 feet;
[2]
Where the angle which two adjacent buildings form to one another is less than 20° and the overlap of the walls of the two adjacent buildings is greater than 50% of the wall length of either building, the minimum distance between the two buildings shall be no less than 20 feet; and
[3]
Where the angle which two adjacent buildings form to one another is less than 20° and the overlap of the walls of the two adjacent buildings is greater than 75% of the wall length of either building, the minimum distance between the two buildings shall be no less than 25 feet.
(e)
All attached dwellings shall be provided with off-street parking areas. Not fewer than two off-street parking spaces shall be required for each dwelling unit.
C.
As conditional uses approved by the Board of Supervisors after recommendation by the Township Planning Commission:
(4)
Rural cluster subdivision containing single-family detached dwellings and/or carriage house residences and incorporating the preservation of an historic structure or structures (rural cluster subdivision with historic preservation), in accordance with § 160-74 and § 160-77.
[Added 9-18-1995 by Ord. No. 4-151]
§ 160-70 Area regulations.
§ 160-71 Accessory buildings or structures.
[Amended 10-6-1997 by Ord. No. 4-157; 4-18-2000 by Ord. No. 4-172; 8-18-2015 by Ord. No. 4-240]
An accessory building or structure having a maximum height of 10 feet, but not exceeding 15 feet measured from grade to the highest point of such building or structure may be erected in the rear yard only, but no closer to the side or rear line of the lot than 10 feet. The height of the accessory building or structure and the maximum dimension from grade to the highest point may be increased an additional one foot for each additional two feet of required setback from both the side and rear lines of the lot, to a maximum accessory building or structure height of 16 feet, but not to exceed 25 feet measured from grade to the highest point of the building or structure. All measurement from grade to the highest point of the building or structure shall include any chimneys, spires, towers, elevator penthouses, tanks and similar projections.
§ 160-72 Maximum height of buildings or structures.
No building or structure, other than agricultural buildings, shall be erected to a height in excess of 40 feet.
§ 160-73 Farm setbacks and roadside stands.
A.
In the case of a farm, no building shall be erected within a distance of 75 feet from the lot line.
B.
In the case of a farm, roadside stands may be erected and operated by the owner or tenant of the same as an adjunct to farming, provided that they are constructed in such a fashion as to permit safe ingress and egress from the highway.
§ 160-74 Standards and criteria for conditional uses.
The standards and criteria for conditional uses set forth in § 160-65 shall apply to all conditional use applications in the R-6 District.
§ 160-75 Special regulations for rural cluster subdivision.
Where an application for conditional use approval of a rural cluster subdivision within the R-6 Zoning District is filed, it must comply with the following regulations:
A.
Ownership, use, design and maintenance of deed-restricted open space. The provisions for ownership, use and design and maintenance of the undeveloped and deed-restricted open space created as part of a rural cluster subdivision shall be as specified in § 160-66B(2), (3) and (4), respectively, of this chapter.
B.
Minimum tract size. The minimum tract size for a rural cluster subdivision shall be six acres.
C.
Area regulations. The following regulations shall apply for each dwelling:
(1)
Maximum density: one dwelling unit per 65,000 square feet of developable acreage.
(2)
Minimum lot size: 15,000 square feet.
(3)
Minimum building setback from street right-of-way: 35 feet. [For lots with less than 100 feet of frontage on a public street and for corner lots, the provisions of § 160-61B(1) and (2) shall apply.][1]
[1]
Editor's Note: Former Subsection C(3), pertaining to impervious coverage, was repealed 5-2-1988 by Ord. No. 4-103.
(4)
Minimum front yard depth: 35 feet.
[Amended 9-6-1988 by Ord. No. 4-111]
(5)
Minimum rear yard depth: 45 feet, unless the lot is a reverse-frontage lot, in which case the requirements of § 160-209 shall apply.
(6)
Minimum side yard aggregate: 40 feet.
(7)
Minimum for each side yard: 16 feet.
(8)
An accessory building or structure having a maximum height of 10 feet may be erected in the rear yard only, but no closer to the side or rear line of the lot than five feet. The height of the building or structure may be increased an additional one foot for each additional two feet of required setback to a maximum setback of 17 feet and a maximum height of 16 feet.
[Amended 10-18-2022 by Ord. No. 4-260]
(9)
Minimum undeveloped and deed-restricted open space: 60%.
[Amended 11-16-1999 by Ord. No. 4-167]
D.
Special regulations for attached dwelling units. Within the R-6 District, attached dwellings may be permitted in conjunction with and as a stipulated proportion of a rural cluster subdivision.
(1)
For purposes of this section, "attached dwellings" shall be defined as a group of two or more, but not more than five, dwellings in which each dwelling has independent and separate outside access, has one or more common party walls and fully occupies the space from ground to roof.
(2)
Attached dwelling units at a ratio of up to two for each single-family detached dwelling may be substituted for up to 1/3 the total number of single-family detached dwellings otherwise permitted as part of a rural cluster subdivision.
(3)
The design of any attached unit structure shall be varied such that no common roofline or equal front yard setbacks shall be permitted without approval of the Board of Supervisors. Variation in building widths, heights and orientations shall be incorporated into the design.
(4)
The following area regulations shall apply to those portions of a rural cluster devoted to attached dwellings:
(a)
Maximum density. For each of the single-family detached dwellings within the rural cluster for which attached dwellings are to be substituted (up to the maximum of 33% of the total single-family detached dwellings), two attached dwellings may be built, in accordance with Subsection D(2).
(d)
Minimum setback from boundaries of the portion of the tract undergoing development: 40 feet.
(e)
Minimum setback from any interior street, right-of-way, solid waste collection station, or common parking area (or access road thereto): 20 feet.
(f)
Distance between buildings. The horizontal distance, measured in feet, at the closest point between any two buildings shall not be less than 50 feet. The horizontal distance, measured in feet, between parallel elements of buildings forming courts and courtyards (i.e., enclosed on at least three sides by buildings) shall not be less than twice the height of the tallest building, measured in feet.
(g)
Parking requirements.
(5)
Deed-restricted open space requirements.
(a)
Undeveloped and deed-restricted open space. Whenever attached dwellings are incorporated within a rural cluster subdivision, the minimum amount of undeveloped and deed-restricted open space accompanying the rural cluster subdivision shall be increased as follows:
(b)
Recreation areas for cluster residents. Whenever attached dwellings are incorporated within a rural cluster subdivision, a minimum of 3% of the total tract shall be appropriate and remain available for the active recreational pursuits of the residents of the cluster. Such area, if not located within the undeveloped and deed-restricted open space, shall be part of the developed portion of the tract. Location, amount and attributes of this active recreation space shall be one of the conditions of approval of the rural cluster subdivision by the Board of Supervisors, which also shall have the right to waive or modify this requirement.
§ 160-76 Phasing of cluster development.
A.
In the case of any application for conditional use approval of a rural cluster subdivision in which any portion of the land then owned by the applicant (or by the legal owner in the event that the applicant is not the legal owner) is not part of the gross area of the tract for density purposes, such additional land shall be designated on the plans accompanying the application for conditional use approval, and such plans shall also designate the manner in which the landowner intends to develop such remaining land and the portions thereof which, in the event of such subsequent development as a rural cluster subdivision, are proposed to be designated as undeveloped and restricted open space.
B.
Conditional use approval by the Board of Supervisors of the application may be conditioned upon the landowner's covenant to adhere to such plan (subject to modification by the Board of Supervisors) in the event of such subsequent development.
§ 160-77 Special regulations for rural cluster subdivisions with historic preservation.
[Added 9-18-1995 by Ord. No. 4-151]
Where an application for conditional use approval of a rural cluster subdivision with historic preservation within the R-6 Zoning District is filed, it must comply with the following regulations:
A.
Ownership, use, design and maintenance of deed-restricted open space. The provisions for ownership, use, design and maintenance of the undeveloped and deed-restricted open space created as part of a rural cluster subdivision with historic preservation shall be as specified in § 160-66B(2), (3) and (4), respectively, of this chapter, except to the extent such provisions are in conflict with any of the regulations in Subsection D below.
B.
Minimum tract size. The minimum tract size for a rural cluster subdivision with historic preservation shall be 50 developable acres.
C.
Area, use and ownership regulations. The following regulations shall apply for each dwelling:
(1)
Permitted uses. In a rural cluster subdivision with historic preservation, a premises may be used for single-family detached dwellings or carriage house residences under the provisions of § 160-69C(3) or a combination of single-family detached dwellings and carriage house residences, provided that any such use or combination of uses shall not exceed the density provisions of this section and further provided that an historic structure or structures is or are preserved in accordance with the requirements of Subsection D below and the open space requirements of this § 160-77 are met.
(2)
Subdivision and ownership of an historic preservation lot or lots. In a rural cluster subdivision with historic preservation, the area of the lot on which the historic structure or structures have been preserved may be included as deed-restricted open space to meet the requirement of Subsection C(11) below. Upon final subdivision approval of a rural cluster subdivision with historic preservation, the lot on which the historic structure or structures have been preserved may be transferred and held in separate and distinct ownership from the remainder of such other open space as has been designated within the rural cluster subdivision.
(3)
Maximum density. The maximum density shall be 1.15 dwelling units per developable acre of the tract. The calculation of maximum density shall include that portion of the tract devoted to historic preservation but shall not include any residential use of the historic preservation part of the tract as dwelling units for purposes of determining the maximum density of rural cluster subdivision.
(4)
The minimum lot size shall be 15,000 square feet.
(5)
Setbacks.
(a)
General rule. The minimum perimeter setback for all buildings and paved surfaces (other than historic structures, permitted additions thereto, permitted parking accessory thereto and necessary access roads) shall be 200 feet from the ultimate right-of-way from all arterial or collector streets (as defined in Chapter 129, Subdivision and Land Development, of the Whitpain Township Code). There shall be a minimum setback of 50 feet around the entire perimeter of the tract in which no structure or parking area shall be erected or situated, except where a greater setback shall be otherwise required by the terms of this chapter. Security and guard stations at entrance points, entrance roads, ponds and stormwater detention facilities may be located within the required setback.
[Amended 5-1-2018 by Ord. No. 4-249]
(b)
Setback reduction.
[1]
The minimum setback established from the ultimate right-of-way may be reduced to not less than 160 feet from state roads adjacent to other property zoned R-6; 120 feet from state roads adjacent to property zoned R-6 but not developed to the standards of R-6 zoning; and 50 feet along county and Township roads where it is determined by the Board of Supervisors that there exist historical, noteworthy buildings and structures, including fences, walls and buildings, which are preserved as part of the development plan and which provide a suitable visual buffer between the adjoining road and the proposed rural cluster subdivision.
[Amended 11-18-1996 by Ord. No. 4-151-1]
[2]
The minimum perimeter setbacks set forth in Subsection C(5)(b)[1] above may be continued along such roads where walls, fences, berms and/or landscaping is incorporated into the setback area, subject to the following conditions:
[a]
A screen buffer to a minimum height of six feet and a softening buffer of no less than 25 feet in width shall be provided along the entire frontage of the arterial or collector street (exclusive of required road access) in all areas where the setback has been reduced to less than that required by the general rule above.
[Amended 10-6-1997 by Ord. No. 4-157; 5-1-2018 by Ord. No. 4-249]
[b]
The setback may be reduced only in the event that the proposed use situated within the reduced portion of the setback area shall consist of single-family detached dwellings and yards associated therewith.
[c]
Individual parcel fences, if any, shall not be located within the buffer area and shall be placed behind the inside edge of the buffer as opposed to along the right-of-way lines or boundary lines.
(6)
Minimum front yard depth shall be 35 feet. Notwithstanding the language of § 160-7 of this chapter, corner lots in a rural cluster subdivision with historic preservation shall be required to provide two front yards along the adjacent streets, a rear yard opposite the street to which the principal building is generally faced and a side yard opposite to the other street. The dimensions of all such yards shall be as required in this section.
[Amended 11-18-1996 by Ord. No. 4-151-1]
(7)
Minimum rear yard depth shall be 45 feet, unless the lot is a reverse-frontage lot, in which the case the requirements of § 160-209 shall apply. In addition to and not in place of the minimum rear yard depth set forth in this section, there shall be a rear yard setback from any undeveloped and deed-restricted open space located on a lot of five feet for any horizontal, unenclosed improvements, like decks and patios, and 15 feet for any vertical improvement, like an enclosed structure.
[Amended 11-18-1996 by Ord. No. 4-151-1]
(8)
Minimum side yard aggregate shall be 25 feet.
[Amended 11-18-1996 by Ord. No. 4-151-1]
(9)
Minimum for each side yard shall be 10 feet. Minimum side yard abutting to the perimeter setback buffer shall be 20 feet.
[Amended 11-18-1996 by Ord. No. 4-151-1]
(10)
An accessory building or structure having a maximum height of 10 feet may be erected in the rear yard only, but no closer to the side or rear line of the lot than five feet. The height of the building or structure may be increased an additional one foot for each additional two feet of required setback to a maximum setback of 22 feet and a maximum height of 18 1/2 feet.
[Amended 10-18-2022 by Ord. No. 4-260]
(11)
Minimum undeveloped and deed-restricted open space shall be 50%. In a rural cluster subdivision with historic preservation, the minimum undeveloped and deed-restricted open space may include historic structures, permitted expansions of historic structures and associated improvements (i.e., parking) in conjunction with the use of such historic structures. At least 50% of the undeveloped and deed-restricted open space shall be designated as common deed-restricted open space, and the ownership, use, design and maintenance thereof shall comply with the requirements of § 160-211.
(12)
Green area. A rural cluster subdivision with historic preservation shall comply with the minimum green area requirements specified for the R-6 District in § 160-214 of this chapter; provided, however, that in calculating the required green area, areas within public and private road rights-of-way (excluding rights-of-way of limited access driveways) shall not be included in the calculation of the area of the tract or the calculation of the maximum impervious coverage as required by § 160-214 of this chapter. Areas reserved for historic preservation shall be included in the calculation of the area of the tract. Green area shall be calculated on the basis of the area of the tract (including the entire lot or lots reserved for historic preservation) and not on a lot-by-lot basis.
(13)
Topography and floodplain.
(a)
Notwithstanding the otherwise permissible densities of development, lot sizes and other area regulations contained in this district, all areas of a tract proposed for residential development having the attributes set forth in Subsection C(13)(b) hereof shall be preserved as part of the undeveloped and deed-restricted open space.
(14)
Permitted accessory uses. Any of the following accessory buildings, structures or uses may be permitted in a rural cluster subdivision with historic preservation community:
(15)
Limitation on accessory use. The following limitations shall apply to accessory buildings, structures or uses within a rural cluster subdivision with historic preservation community (except those existing accessory structures associated with historic structures to be preserved):
D.
Special regulations for preservation of historic structures. In a rural cluster subdivision with historic preservation, the conditional use application shall include a preservation plan which shall specify, at a minimum, the identification of historic structures proposed to be preserved; the uses proposed for all historic structures; a description of any repairs or alterations necessary to preserve and utilize the historic structures as proposed; and plans for any new structures or additions to existing structures proposed as part of the historic preservation. The conditional use presentation shall additionally include proposed language for a preservation easement to be granted to the Township for the purpose of confirming, as a covenant running with the land, the requirements of this section for historic preservation as well as the Township's conditional right to dedication set forth in Subsection D(2) below. The historic structure or structures to be preserved shall also be subject to the following regulations:
(1)
Physical preservation of the historic structure or structures. Historic structures deemed worthy of preservation by the Whitpain Township Board of Supervisors shall not be demolished or moved if such actions are prohibited in the conditional use decision granting permission for the rural cluster subdivision with historic preservation. Any change or amendment to the requirements for historic preservation set forth in a conditional use decision under this section shall be permitted only upon subsequent conditional use application and decision for such purpose. The owner of an historic structure preserved under this section may make such interior changes as are necessary to effectively utilize the structure and may make such exterior changes as do not, in the opinion of the Board of Supervisors, impair the architectural integrity of the facade of the historic structure.
(2)
Township's conditional right to dedication. In exchange for the increase in density which this section represents over the density permitted in a rural cluster subdivision without historic preservation, the Township shall have the right, but not the obligation, to require dedication to the Township of any historic structure or structures on the property which are not proposed to be preserved on a conditional use plan and application under this section. Once a rural cluster subdivision with historic preservation receives conditional use approval and subdivision approval, no structure proposed to be preserved by such plan may thereafter be demolished for any reason except upon subsequent conditional use application and further provided that the Whitpain Township Board of Supervisors shall have received an offer, at no cost, of dedication of such structure which may be accepted by the Supervisors at any time within a period of three months from the date on which such offer was received. Any such deed of dedication to the Township shall restrict the use of the land so dedicated to historic preservation or passive open space. Any conditional use approval for a rural cluster subdivision with historic preservation shall include a condition that the Township's conditional right to dedication as set forth in this subsection shall be reflected in a deed restriction recorded against the historic preservation portion of the tract.
(3)
Minimum lot size for historic preservation. The minimum lot size for any lot or lots on which an historic structure or structures is or are proposed to be preserved shall be 1/2 acre.
(4)
Permitted uses within historic structures. An historic structure and any permitted expansion or addition to an historic structure and the lot or premises on which such historic structure or structures is located may be used for one or more of the following purposes but no others:
[Amended 5-5-1998 by Ord. No. 4-151-2; 5-18-2004 by Ord. No. 4-198]
(a)
Single-family detached dwelling.
(b)
Residential apartments (at a density no greater than the total square footage of a building divided by 1,000 square feet).
(d)
Auctions, charity or otherwise, conducted indoors, provided that such auctions are limited to six per year.
(e)
A restaurant and/or inn which may include catering and/or banquet facilities for corporate, social or religious events such as weddings, anniversaries, testimonials, seminars, cooking classes and bar mitzvahs, including customary musical accompaniments, but specifically excluding fast-food-type restaurants, drive-through-service restaurants, discos, dance clubs, nightclubs, comedy clubs or other forms of activity where entertainment is the primary attraction and as accessory uses within the structures, retail uses similar but not limited to a bake shop, gourmet market, health spa/salon, pool, fitness center and laundry.
(f)
Business or professional offices.
(g)
Photographic, dance or art studio or art gallery.
(h)
Municipal use.
(i)
Bank, savings-and-loan association, financial institution.
(j)
Florist shop.
(k)
Day-care center.
(l)
Institutional headquarters for educational, professional, religious and other nonprofit organizations of a similar nature; conference/meeting facilities.
(m)
Schools and other educational facilities.
(n)
Libraries.
(o)
"Club," which is defined to mean a voluntary, nonprofit incorporated or unincorporated association for the purpose of educational, historic or literary activities.
(p)
Hotel or bed-and-breakfast (at a room density no greater than the total square footage of a building divided by 500 square feet) which may include a restaurant as defined in Subsection D(4)(e) above.
(q)
Museum.
(r)
Freestanding retail not to exceed 1,000 square feet.
(s)
Any use of the same general character as any use hereinbefore specifically permitted by special exception.
(t)
Parking associated with any use permitted herein and in accordance with Article XXVII of this chapter.
(u)
Accessory uses on the same lot with and customarily incidental to any of the foregoing permitted uses.
(v)
The video and/or audio recording of any activity or use permitted herein shall be a permitted use.
(5)
Additional construction on historic preservation lots. In either the initial conditional use application seeking permission for a rural cluster subdivision with historic preservation or a subsequent conditional use application, permission may be granted for the expansion of historic structures and/or the construction of additional structures on an historic preservation lot. The conditional use criteria for evaluating such requested expansion or new construction shall include the effect of such construction on the continuing preservation and maintenance of the historic structures as detailed in the preservation plan for historic structures submitted with the conditional use application, as well as the criteria set forth in § 160-65.
(6)
The following signs may be erected and maintained in connection with a permitted use within historic structures:
[Added 5-18-2004 by Ord. No. 4-198]
(a)
Three freestanding signs located within the perimeter walls. Each sign shall not exceed 16 square feet and shall only identify the historic property/complex or an individual establishment, business, tenant or activity within the historic structures on the property, exclusive of accessory uses. Each sign may be double-faced and shall only be externally illuminated. The height of each sign shall not exceed 10 feet.
(b)
On-premises directional/identification signs that shall not exceed 16 square feet in size, shall not exceed 11 1/2 feet in height, may be externally illuminated and may be visible from the street. The maximum number of directional/identification signs shall be 12.
(c)
Building facade signs identifying the historic property/complex or an individual establishment, business, tenant or activity within an historic structure on the property. Such facade/wall signs shall not exceed 50 square feet in total size and shall only be externally illuminated.
(d)
Five wall signs that are to be located on the exterior face of the perimeter wall surrounding the historic complex/property. Such exterior wall signs shall not exceed 80 square feet, and the total of all wall signs shall not exceed 240 square feet. Wall signs may be externally illuminated.
(e)
With the exception of signage related to hotel operations, all sign illumination shall operate on a timer and shall be turned off within one hour after the termination of the last activity on the property.
§ 160-78 Special regulations for retirement communities.
Where an application for a conditional use approval of a retirement community is filed, it must comply with the following regulations:
A.
Permitted uses. A retirement community shall provide a combination of individual dwelling units in any combination of detached or attached unit structures and may include a community center consisting of one or more buildings in which the following uses may be permitted:
(1)
Medical treatment, nursing and convalescence facilities.
(2)
Dining facilities.
(3)
Auditoriums, activity rooms, craft rooms, library, lounges and similar recreational facilities for members of the community.
(4)
Office and retail service facilities designed and adequate to serve only the members of the community, such as but not necessarily limited to the following uses: doctor's office, pharmacy, gift shop, coffee shop, post office, beauty shop and barbershop.
B.
Intensity of use. The intensity of use shall not exceed 4.25 dwelling units and equivalent units per gross acre. For the purpose of this section, four beds for patient, resident and/or staff person use provided within the community center or accessory buildings shall be deemed the equivalent of one dwelling unit, provided that the mix of equivalent dwelling units in a given development shall not exceed 20% of the total number of dwelling units provided within the community.
[Amended 9-7-1982 by Ord. No. 4-68; 6-19-1989 by Ord. No. 4-115; 10-16-2018 by Ord. No. 4-253]
C.
Minimum tract size. The minimum tract size for a retirement community shall be 50 developable acres.
D.
Management. A retirement community shall be developed and operated under the direction and control of a single owner or agent for the owner unless the Board of Supervisors, in its discretion, shall approve an alternate form of operation.
E.
Common deed-restricted open space. Not less than 50% of the total area in the tract shall be designated as and used exclusively for deed-restricted open space, as defined in § 160-66B(2). Ownership, use and design and maintenance of common deed-restricted open space shall be in accordance with the requirements of § 160-66B(2), (3)(a) and (4), respectively.
[Amended 2-2-1999 by Ord. No. 4-163]
F.
Perimeter setback. There shall be a setback of 100 feet around the entire perimeter of the tract in which no structures shall be erected or situated.
G.
Height limitation. The maximum height of any retirement community structure of attached dwelling units or equivalent dwelling units, as otherwise defined in Subsection A above, shall be three stories.
[Amended 9-7-1982 by Ord. No. 4-68]
H.
Parking requirements for retirement community. There shall be no less than one parking space for each dwelling unit or equivalent dwelling unit in the retirement community complex. There shall be no less than 200 square feet of parking for each employee of the retirement community for office/administrative or operations, exclusive of loading or shipping areas, driveways, accessways and interconnecting roadways on any tract devoted to retirement community usage.
[Added 9-7-1982 by Ord. No. 4-68]
§ 160-79 Severability.
[Amended 8-18-1980 by Ord. No. 4-60]
The provisions of this article are severable, and if any of its provisions shall be held invalid or unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions. If the article shall be held invalid or unconstitutional as it applies to any particular property, such property shall become part of the zoning district wherein it was located immediately prior to being made part of the R-6 Agricultural/Rural Residence District. If this R-6 Agricultural/Rural Residence District is held invalid or unconstitutional as a whole, all properties within the R-6 District shall become part of the zoning district wherein they were located immediately prior to being made part of the R-6 District. It is hereby declared to be the legislative intent that this article would have been adopted had such invalid or unconstitutional provisions not been included herein.
§ 160-80 Special regulations for carriage house residence communities.
[Added 4-4-1994 by Ord. No. 4-143]
Where an application for conditional use approval of a carriage house residence community on a tract within the R-6 Zoning District is filed, it must comply with the following regulations:
A.
Ownership, use, design and maintenance of deed-restricted open space. The provisions for ownership, use and design and maintenance of the undeveloped and deed-restricted open space created as a part of a carriage house residence community shall be as specified in § 160-66B(2), (3) and (4), respectively, of this chapter.
B.
Maximum density. The maximum density shall be 1.6 dwelling units per gross acre of land. The calculation of maximum density shall be based upon the developable area of the tract, which may include the developable area of no more than two additional tracts of land (regardless of the zoning classification of those additional tracts) which are submitted as part of a unified development plan in conjunction with the development of the tract; provided, however, that the additional tracts of land are permanently deed restricted as common deed-restricted open space and are offered to and accepted by the Township for dedication.
C.
Minimum tract size. The minimum tract size for a carriage house residence community shall be 50 acres. The minimum tract size shall include the developable area of the tract and the additional tracts of land used for calculation of maximum density under Subsection B.
D.
Minimum undeveloped and deed-restricted open space. The minimum undeveloped and deed-restricted open space in a carriage house residence community shall be 60%. Minimum undeveloped and deed-restricted open space shall be calculated on the basis of the developable area of the tract and the additional tracts of land used for the calculation of maximum density under Subsection B. At least 50% of the undeveloped and deed-restricted open space shall be designated as common deed-restricted open space (and may include the land offered to and accepted by the Township for dedication in accordance with Subsection B), and the ownership, use, design and maintenance thereof shall comply with the requirements of § 160-211.
(1)
Not more than 33 1/3% of the required minimum undeveloped and deed-restricted open space shall be contained within the minimum setbacks required from the ultimate right-of-way from all existing roads around the perimeter of the tract.
E.
Setbacks.
(1)
General rule. The minimum setback for all buildings and paved surfaces (other than necessary access roads) shall be 200 feet from the ultimate right-of-way from all arterial or collector streets (as defined in Chapter 129, Subdivision and Land Development, of the Whitpain Township Code). There shall be a minimum setback of 100 feet around the entire perimeter of the tract in which no structure or parking area shall be erected or situated, except where a greater setback shall be otherwise required by the terms of this chapter. Security and guard stations at entrance points, entrance roads and ponds may be located within the required setback.
[Amended 5-1-2018 by Ord. No. 4-249]
(a)
The minimum setback established from the ultimate right-of-way from arterial or collector streets may be reduced to not less than 100 feet along those areas where it is determined by the Board of Supervisors that there exist historical, noteworthy buildings and structures, including fences, walls and buildings, which are preserved as a part of the development plan and provide a suitable visual buffer between the adjoining road and the proposed carriage home community.
(b)
The minimum one-hundred-foot setback may be continued along arterial or collector streets where new walls, fences, berms and landscaping are incorporated into the buffer setback area to ensure a one-hundred-percent visual barrier to a minimum height of six feet above the existing ground elevation in all areas where the setback has been reduced to less than the 200 feet normally required.
(2)
Exception for setback from lands owned by public utilities which bisect a tract. There shall be no required setback for paved surfaces or structures from lands owned by public utilities less than 200 feet in width which transect any portion of the tract.
(3)
Miscellaneous setbacks. The minimum setback from any interior street, right-of-way, solid waste collection station or common parking area (or access road thereto) shall be 20 feet, except for courtyards and cul-de-sac, in which event 12 feet shall be the permissible minimum setback.
F.
Height restrictions. The maximum height of buildings and other structures erected shall be 35 feet.
G.
Minimum lot size per dwelling unit. No minimum lot size for residential dwelling units shall be required in a carriage house residence community.
H.
Green area. A carriage house residence community shall comply with the minimum green area requirements specified for the R-6 District in § 160-214 of this chapter; provided, however, that in calculating required green area, areas within public and private road rights-of-way (excluding rights-of-way of limited access driveways) shall not be included in the calculation of the area of the tract and the area of the additional tracts of land or the calculation of maximum impervious coverage as required by § 160-214 of this chapter. Green area shall be calculated on the basis of the area of the tract and the area of the additional tracts of land used in calculating maximum density under Subsection B and not on a lot-by-lot basis.
I.
Permitted accessory uses. Any of the following accessory buildings, structures or uses may be permitted in a carriage house residence community:
(1)
Decks.
(2)
Porches (both enclosed and open).
(3)
Greenhouses (both freestanding and attached).
(4)
Hot tubs.
(5)
Swimming pools.
(6)
Fences.
(7)
Privacy walls.
(8)
Barbecues.
(9)
Cabanas, gazebos and sheds.
(10)
Ground-mounted community satellite dishes not to exceed two in number and 16 feet in diameter and cable television antennas not to exceed one in number and 60 feet in height located only within common deed-restricted open space. Individual on-lot satellite dishes or cable television antennas shall be prohibited.
J.
Limitation on accessory uses. The following limitations shall apply to accessory buildings, structures or uses within a carriage house residence community:
(1)
No accessory buildings, structures or uses may be located within the perimeter setbacks required by Subsection E(1) of this section.
(2)
No accessory buildings, structures or uses may be located within areas between the front of a dwelling unit and street lines.
(3)
An accessory building or structure shall have a maximum height not to exceed 16 feet.
[Added 4-18-2000 by Ord. No. 4-172]
K.
Special regulations for attached dwelling units. Within the R-6 District, attached dwellings shall be permitted in conjunction with a carriage house residence community.
(1)
Attached dwellings. For purposes of this section, "attached dwellings" shall be defined as a group of two but not more than four dwellings attached in a group in which each dwelling has independent and separate outside access, has one or more common party walls and fully occupies the space from ground to roof.
(2)
Design of attached dwellings. The design of any attached unit structure shall be varied so that no more than two adjoining units share an unvaried front facade (or front wall foundation line) without the approval of the Board of Supervisors. For purposes of this subsection, the "roof plane of a unit" shall be defined as the surface of the roof from gutter edge to ridgeline.
(a)
Variations shall consist of a vertical change of ridgelines of not less than 16 inches and the horizontal change in front facade of not less than two feet from the adjacent facade.
(b)
In order to qualify as a front facade variation, the horizontal change shall include at least 30% of the front wall elevation. Appurtenances such as bay windows, pent roofs and chimneys shall not qualify as a variation but are encouraged architectural features.
L.
Horizontal distance between buildings. The horizontal distance measured in feet at the closest point between any two buildings shall not be less than 35 feet. The horizontal distance measured in feet between parallel overlapping elements of buildings forming courts and courtyards (i.e., enclosed on at least three sides by buildings) shall not be less than twice the height of the taller building, measured in feet.