Willistown Township
City Zoning Code
City Zoning Code
ARTICLE V
RA Residence Districts
§ 139-16 Regulations to apply.
In RA Residence Districts, the following regulations shall apply.
§ 139-17 Use regulations.
[Amended 4-24-1984 by Ord. No. 3-1984; 12-8-1987 by Ord. No. 4-1987; 6-25-2001 by Ord. No. 4-2001]
A building may be erected, altered or used and a lot may be used or occupied for any one of the principal uses permitted in Subsections A through F of § 139-12 hereof, and for accessory uses, as permitted by § 139-12G hereof, provided that the keeping or raising of livestock, poultry and horses shall be permitted as an accessory use only, unless such use is conducted on a lot not less than four acres in size, and for such other uses when authorized by the Board of Supervisors as a conditional use as set forth in § 139-20.1 below.
§ 139-18 Area regulations.
[Amended 5-14-2001 by Ord. No. 1-2001; 8-22-2005 by Ord. No. 2-2005; 11-10-2008 by Ord. No. 4-2008; 9-9-2024 by Ord. No. 6-2024]
Every lot on which a principal building is erected, altered or used shall comply with the following area requirements, subject also to the special provisions of §§ 139-150 through 139-157 of Article XXVI, OSC Open Space Conservation District.
A.
Lot area and width. Every lot shall have a lot area of not less than two acres and a lot width of not less than 200 feet at the building line.
B.
Building area. Not more than 12% of the lot area may be occupied by buildings.
C.
Yards. Front, side and rear yards shall be provided on each lot as follows:
D.
Impervious coverage. Not more than 15% of the lot area may contain impervious surfaces.
E.
Parcel yield (maximum number of lots or density). For any parcel involving protected land, the maximum number of lots and/or dwelling units shall be determined by applying the natural resource protection and density calculations referenced in § 139-158 of this chapter and § 73-11.1 of the Willistown Township Environmental Protection Ordinance. Density shall be no greater than that which the underlying zoning, subdivision and environmental protection regulations would permit.
§ 139-19 Height regulations.
No building other than a farm building shall exceed 35 feet in height.
§ 139-20 Access to street.
Each lot must have access to a street as defined in Chapter 123, Subdivision and Land Development, which street may be either publicly or privately owned, such access to be of a minimum, contiguous width of 25 feet at the place of abutment of the lot with the street and at every point from the place of abutment to the remainder of the lot which is to be used for access to and egress therefrom.
§ 139-20.1 Conditional uses.
[Added 12-8-1987 by Ord. No. 4-1987]
A.
Available uses. A building or buildings may be erected, altered or used and a lot may be used or occupied for any of the following uses when authorized by the Board of Supervisors as a conditional use:
(1)
A physical rehabilitation facility, licensed as a hospital in Pennsylvania, providing specialized therapy services for inpatients and outpatients, and the following related uses so long as they are an integral part of the facility: laboratories, radiology, training facilities, staff and physicians' offices, residential living units, skilled nursing care facilities and personal care facilities. This use shall specifically not include any facility of which a material portion is dedicated to psychiatric, mental health and/or drug and/or alcohol rehabilitation, unless the onset of such condition is the result of physical injury or trauma and the rehabilitative treatment of such condition is a part of the therapy services for the physical injury.
(3)
An accessory use on the same tract with, and customarily incidental to, any of the above permitted uses.
B.
Procedures.
(1)
The applicant shall comply with the procedures governing conditional use applications outlined under § 139-118.1 of this chapter.
(2)
All applications for conditional uses under this article shall require a public hearing prior to action by the Board of Supervisors upon the application. The hearing(s) shall be held in order to receive public input on the project and to estimate effects of a proposed use.
C.
Minimum requirements. The following minimum requirements shall apply to all applications for conditional use pursuant to this section, and no such conditional use shall be approved by the Board of Supervisors unless the applicant satisfies the following minimum requirements. The applicant shall have the burden of proving that the proposed use satisfies the following requirements:
(1)
Tract requirements. The following conditions shall be satisfied prior to the consideration of any tract for development under the provisions of this section by the Board of Supervisors. No tract shall be eligible for development under this section unless it meets the following conditions:
(a)
The tract(s) shall be entirely within an RA Residence District.
(b)
The tract(s) to be considered shall contain a minimum of 75 contiguous acres in the aggregate for physical rehabilitation facilities and five contiguous acres in the aggregate for mobile home parks.
[Amended 11-11-2002 by Ord. No. 5-2002]
(c)
The tract(s) shall be located on an arterial street.
(d)
Adequate public water service shall be available to the tract(s).
(2)
Master development plan. The applicant shall submit a master development plan as part of a conditional use application, which includes the following items, at a minimum:
(a)
Tract data. A plot plan which identifies the total acreage of the tract, tract boundaries and the ownership of the tract and all the adjacent properties.
(b)
Environmental data. A plan which identifies the limits of designated floodplain areas, seasonal wet and alluvial soil conditions, wetlands, woodland areas and steeply sloped land in excess of a slope of 15%.
(c)
Means of access. A plan which identifies all existing access point/curb cuts, including but not limited to public roads within 500 feet of the tract proposed for development and all new access points or connections into the existing road system proposed as part of the development plan.
(d)
Development data. A sketch plan which indicates the location of any proposed subdivision and proposed development, including internal roadways, principal buildings and parking areas and proposed preliminary stormwater management concepts. The plan shall indicate the general type of uses planned and the location of each such use within the tract. If the development is proposed to be constructed in phases, the sketch plan must clearly show the development to be constructed during each phase. Any proposed subdivision shall comply with the requirements of the Willistown Township Subdivision and Land Development Ordinance.[2]
(e)
Development schedule. A development schedule setting forth the approximate dates for the initiation and conclusion of construction of the development proposed in the sketch plan and, if the sketch plan proposes phased construction, the development contemplated and the proposed dates of initiation and conclusion of construction for each phase.
(f)
Treatment and disposal of sewage. A written description of the proposed method of sewage disposal, which shall include a description of any acid, toxic, radioactive or otherwise unsafe materials that may be released into the sewage disposal system and the method by which the treatment thereof is proposed.
(3)
Area, height and other regulations for physical rehabilitation facilities. The following area, height and other regulations shall apply:
(a)
Setbacks and buffer planting strips. Setbacks shall be provided on all sides of the tract(s) (front yard, side yards and rear yard) of not less than 200 feet and shall not require a buffer planting strip; provided, however, that the setback may be reduced to 100 feet upon the provision of a buffer planting strip not less than 20 feet in width within the 40 feet of the property nearest the tract boundary. No buildings, structures or parking facilities, except for a private driveway, may be located or constructed within any required setback area.
(b)
Height regulations. In the event that any structure on tract shall exceed 35 feet in height above-grade, the following restrictions shall apply:
[1]
Only one structure exceeding 35 feet above-grade shall be permitted on any single tract subjected to this conditional use approval; however, a single contiguous structure may have more than one section which exceeds 35 feet, provided that the square footage requirements set forth below are complied with.
[2]
The roofline of any such structure shall not exceed 70 feet above grade at any point; nor shall the building exceed five stories, not including basements; nor shall any projection above the roofline exceed 15 feet.
[3]
The gross square footage of any such structure shall not exceed 400,000 square feet.
[4]
Any such structure shall be designed around the existing improvements and topography of the tract so as to minimize the effect on adjoining properties.
[5]
Any structure exceeding 35 feet in height shall be set back from the tract boundary an additional three feet for every foot by which the building height exceeds 35 feet, except that in no event shall any structure have a setback requirement of more than 200 feet.
(c)
Tract area and width. A tract area of not less than 75 contiguous acres in the aggregate shall be provided. The tract(s) shall be at least 500 feet wide at both the building line and the street line.
(d)
Building and floor area coverage. The maximum area of each tract occupied by buildings shall be 20%. The total floor area of all buildings on tract shall not exceed 35% of the tract area.
(e)
Impervious surfaces. The area of the tract covered by impervious surfaces shall not exceed 50%.
(4)
Area regulations for mobile home parks. The following regulations shall apply:
[Added 11-11-2002 by Ord. No. 5-2002[3]]
(a)
Density. A mobile home park shall have a maximum density of five mobile home units per net acre pursuant to § 73-11.1.
(b)
Tract width. Every tract to be developed as a mobile home park shall have a minimum width of 250 feet.
(c)
Front, side and rear yards. No mobile home unit shall be located within 60 feet of a perimeter street nor within 25 feet of an internal street, common driveway, or common parking area. No mobile home unit shall be located within 60 feet of the side or rear boundary of the tract of which it is a part, and no common parking area shall be located within 30 feet of any such boundary. No mobile home unit shall be sited closer than 25 feet to another unit.
(d)
Landscaping and buffering. Mobile home parks shall be landscaped and buffered pursuant to § 73-52.
(e)
Accessory structures (including tool or storage sheds). Pursuant to § 139-94, no accessory structures shall be situated within the front yard. Garden equipment, lawn mowers, and other tools necessary for landscape maintenance, bicycles and other outdoor play equipment shall not be stored in the front yard.
(f)
Off-street parking. Off-street parking for two vehicles shall be provided for each mobile home unit.
(g)
Curbs. Mobile home parks shall provide curbs for all internal streets or roads.
(h)
Tract coverage. No more than 40% of a tract may be occupied by mobile home units, driveways, parking areas, internal roads, accessory structures, or other impervious surface. Not less than 20% of the tract, exclusive of required setbacks, stormwater management facilities, and landscape buffers, shall be common open space usable for active or passive recreation by the residents of the mobile home park.
(i)
Height regulations. No structure shall exceed one story in height.
(5)
Design standards. The following design standards shall apply to any conditional use pursuant to this section, and no conditional use shall be approved unless the applicant demonstrates compliance with the following requirements:
(b)
Each use shall comply with the provisions of §§ 139-98, 139-99 and 139-100 of this chapter relating to parking, loading and development of highway frontage. Given the nature and particular characteristics of a physical rehabilitation facility, the maximum distance of 400 feet between proposed parking spaces and buildings prescribed by § 139-98C shall be deemed satisfied if the proposed parking spaces are within 400 feet of the nearest building; provided, however, that, in the opinion of the Board of Supervisors, the proposed parking spaces are nevertheless reasonably convenient to the facilities which they are proposed to serve. All other provisions shalt remain unchanged.
[Amended 11-11-2002 by Ord. No. 5-2002]
(d)
All outside lighting, including sign lighting, shall be directed in such a way so as not to create a nuisance to users of adjoining streets and property or subject them to direct glare or hazardous interference of any kind, especially as regards to rendering traffic signals inconspicuous. Luminaries shall be approved by the Township Engineer as to their height and glare-shielding equipment.
(e)
All utilities shall be underground.
[Added 11-11-2002 by Ord. No. 5-2002]
(6)
Duration and scope of conditional use.
(a)
If the development sketch plan and development schedule required pursuant to this section propose the planned development to be constructed in one phase, the conditional use granted by the Board of Supervisors shall lapse at the expiration of 18 months from the date of the granting of the conditional use, unless:
(b)
If the sketch plan and development schedule required pursuant to this section propose the planned development to be constructed in two or more phases, the conditional use granted by the Board of Supervisors shall lapse as to all uncommenced phases of construction if the initiation of any phase of construction has not occurred within 18 months after the initiation date contained in the development schedule. The Board may extend the conditional use, and such extension shall apply to each and every uncommenced phase of construction.
(c)
Deviations between the master development plan required pursuant to this section and the land development plan required by the Willistown Township Subdivision and Land Development Ordinance[5] shall not affect the conditional use as granted, and the holder of the conditional use shall not be required to apply for a new conditional use unless the deviations: