[Added 11-2-1979 by Ord. No. 4-56]
A.
It is the purpose of this article to encourage and
promote rural open space and conservation uses in the R-5 Zone, while
also permitting low-density single-family 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 subdivision as conditional uses and facilitates the
conservation of agricultural and woodland areas and surface and underground
water supplies and the control of soil erosion and surface water flooding.
B.
In the R-5 Agricultural/Rural Residence District,
the following regulations shall apply.
[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.
Farms and farm buildings; municipal recreation use.
(1)
On tracts having a minimum of 20 contiguous acres,
the following additional standards shall apply:
[Added 6-16-1998 by Ord. No. 4-160]
(a)
Accessory buildings, structures or uses may be permitted without limitation of § 160-62, provided that they shall be located a distance not less than 75 feet from the lot line or ultimate right-of-way of an adjoining street.
(b)
Accessory dwelling units for employees and immediate
family members of the owner or operator of the farm shall be permitted
without the requirement for subdivision, provided further that the
ratio shall not exceed one dwelling unit per five acres. Housing shall
not be permitted in group quarters as classified by the United States
Census Bureau.
C.
Municipal buildings of other than commercial character
devoted to community service.
E.
No-impact home-based businesses in accordance with the standards set forth in § 160-213.
[Added 11-19-2002 by Ord. No. 4-183]
F.
Any of the following purposes when authorized as a
special exception:
[Amended 7-5-1988 by Ord. No. 4-106]
(1)
Golf courses consisting of not less than 50 acres and golf house, excluding golf driving range and miniature golf course, consistent with the standards contained in Article VI, P-R Park and Recreation District.[1]
[1]
Editor's Note: Former Subsection E(2), pertaining
to public utility facilities, was repealed 6-16-1998 by Ord. No. 4-160.
H.
Accessory use on the same lot and customarily incidental
to any of the above permitted uses.
The following regulations shall apply for each lot, except as provided in § 160-66:
A.
Maximum impervious coverage: See § 160-214C.
[Amended 12-16-1985 by Ord. No. 4-87; 5-2-1988 by Ord. No. 4-103]
B.
Minimum building setback from street right-of-way
line: 75 feet.
(1)
On lots with less than 200 feet of frontage on a public
street, this setback line shall be measured from the point at which
the lot attains a width of 200 feet.
(2)
In the case of a corner lot, this building setback
line requirement shall apply with respect to each public street on
which said lot fronts.
C.
Minimum lot size per dwelling unit: 80,000 square feet, provided that a tract held in single and separate ownership on the effective date of this Article XII, which contains insufficient area to qualify for a rural cluster subdivision under § 160-66A(1), may be subdivided into lots containing a minimum lot size per dwelling unit of 65,000 square feet.
[Amended 9-7-1999 by Ord. No. 4-165; 3-21-2000 by Ord. No. 4-170]
D.
Minimum lot width at building setback line: 200 feet.
E.
Minimum rear yard depth: 75 feet.
F.
Minimum side yard aggregate: 100 feet.
G.
Minimum for each side yard: 40 feet.
[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.
No building or structure, other than agricultural
buildings, shall be erected to a height in excess of 40 feet.
A.
In the case of a farm, no building shall be erected
within a distance of 75 feet from the lot line.
A.
Scale. The proposed use shall not impose upon its
neighbors through either functional or visual means, but rather blend
with them in a quiet and unobtrusive manner. The scale or bulk of
any proposed structures shall relate to and complement those in the
surrounding area.
B.
Rural character. The buildings and/or uses shall be
designed, located and constructed so as to minimize their impact on
floodplains, stream valleys, steep slopes, wooded areas, prime agricultural
soils and similar environmentally sensitive areas and shall be planned
to minimize the perceived density or intensity of development. After
development, the site shall retain a basically open or semirural character.
(1)
All tree masses (as defined in § 160-7B) shall be identified and protected to the maximum extent possible.
(2)
All areas of wet soils shall be identified and protected
to the maximum extent possible. The following types shall be considered
wet soils: Abbottstown silt loam, Chalfont silt loam, Croton silt
loam, Lehigh channery silt loam, Reaville shaly silt loam, Watchung
silt loam, Watchung very stony silt loam.
C.
Topography and floodplain.
[Amended 4-4-1994 by Ord. No. 4-143]
(1)
Notwithstanding the otherwise permissible densities of development, lot sizes and other area regulations contained in this district, all areas of the tract proposed for residential development having the attributes set forth in Subsection C(2) hereof shall be preserved as part of the undeveloped and restricted open space.
Where an application for conditional use approval
of a rural cluster subdivision within the R-5 Zoning District is filed,
it must comply with the following regulations:
A.
Area regulations. The following regulations shall
apply:
(1)
Minimum tract size: six acres.
(2)
Maximum density: one dwelling unit per 65,000 square
feet of developable acreage.
[Amended 9-7-1999 by Ord. No. 4-165]
(4)
Minimum building setback from street ultimate right-of-way
line: 40 feet.
(5)
Minimum front yard depth: 40 feet.
[Amended 9-6-1988 by Ord. No. 4-111]
(6)
Minimum rear yard depth: 50 feet, unless the lot is a reverse-frontage lot, in which event the requirements of § 160-209 shall apply.
(7)
Minimum side yard aggregate: 45 feet.
(8)
Minimum for each side yard: 18 feet.
(9)
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]
B.
Undeveloped and deed-restricted open space. It is
a purpose of this section, in authorizing rural cluster subdivisions
of single-family residences, to foster the preservation of agricultural
and other rural uses of a substantial portion of land area by which
permitted density is measured. Hence, it is not intended to require
that undeveloped and deed-restricted open space areas be owned by
and/or made available for use by the residents of the subdivision,
but rather that they may, after being subject to restriction against
development, be held in ownership and use separate and apart from
the owners and/or residents of the subdivision. Undeveloped and deed-restricted
open space shall therefore be governed in the following manner:
(1)
Amount. Not less than 55% of the developable acreage
of a rural cluster subdivision shall be designated as undeveloped
and deed-restricted open space.
[Amended 11-16-1999 by Ord. No. 4-167]
(2)
Ownership. All or any portion of the undeveloped and deed-restricted open space may be designated as deed-restricted common open space, in which event all residents of the subdivision shall have access to and use of such deed-restricted common open space, and ownership thereof shall comply with the requirements of § 160-211A of this chapter.
[Amended 2-2-1999 by Ord. No. 4-163]
(3)
Use and design.
(b)
Undeveloped and restricted open space.
[1]
All portions of a tract designated as undeveloped and deed-restricted open space, as stipulated in Subsection B(2), shall be permanently restricted against development and, provided that additional impervious cover shall not exceed 5% of the undeveloped and deed-restricted open space, may be used for the following purposes and no other:
[a]
Croplands, including individual
gardens.
[b]
Pasture or meadow.
[c]
Cultivation of nursery stock.
[d]
Public park or recreation area
for open space recreation, owned and operated by a governmental agency,
nonprofit organization or watershed association.
[e]
Woodland, game preserve, nature
areas or other conservation purposes.
[f]
Privately owned outdoor recreational
area or use limited to a park, picnic ground, riding academy, golf
course, ice-skating pond, nature area and tennis courts, including
facilities for team sports such as baseball, football, basketball
and soccer, or other uses of a similar character.
[g]
Uses accessory to permitted uses,
provided that each building or structure is clearly incidental to
the permitted outdoor use.
[h]
Historic monuments and publicly
owned buildings which are open for public viewing and inspection.
[2]
Any such use shall prohibit topsoil stripping
and shall, where applicable, be conducted in accordance with appropriate
soil and water conservation measures. In addition, the land shall
be subject to all restrictions imposed thereon by virtue of the deed
of easement, whether or not such restrictions or restrictive covenants
are specifically enumerated in this article.
C.
Phasing of development.
(1)
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 developable
acreage 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 deed-restricted open space.
(2)
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.
[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-5 Agricultural/Rural Residence District.
If this R-5 Agricultural/Rural Residence District is held invalid
or unconstitutional as a whole, all properties within the R-5 District
shall become part of the zoning district wherein they were located
immediately prior to being made part of this 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.
