In an R-1 Residence District, the following
regulations shall apply.
[Amended 3-20-1961 by Ord. No. 4-2; 8-2-1965 by Ord. No. 4-16; 5-28-1974 by Ord. No.
4-41; 11-2-1979 by Ord. No. 4-56; 6-4-1984 by Ord. No. 4-76; 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:
A.
Single-family detached dwelling.
B.
Farms and farm buildings; municipal recreation use.
C.
Municipal buildings of other than commercial character
devoted to community service.
A lot area of not less than 30,000 square feet
and a lot width of not less than 150 feet at the building line shall
be provided for every building or other structure erected or used
for any use permitted in this district.
There shall be a front yard, the depth of which
shall be a minimum of 50 feet. However, where building permits are
requested for three or more contiguous lots, permission may be granted
by the Planning Commission to allow an average setback of 45 feet
for the several buildings with a minimum of 40 feet in lieu of the
normal fifty-foot requirement. Such permission to waive the fifty-foot
front yard setbacks may be granted contingent upon written agreement
by the owner that all buildings will have a front yard varying at
least four feet in depth from adjacent buildings and upon the Planning
Commission's finding that the granting of such a waiver will not adversely
affect adjacent properties nor the health, safety and general welfare
of the public.
In the case of a corner lot, a front yard as provided for in § 160-15 shall be required on each street on which the lot abuts, provided that if at the time this chapter becomes effective any corner lot is held in single and separate ownership with a width of less than 150 feet, the depth of the front yard on the long side of such lot may be decreased when authorized as a special exception.
[Amended 7-2-1962 by Ord. No. 4-6]
In the case of a single-family dwelling, there
shall be two side yards, one on each side of the main building, together
having an aggregate width of at least 100 feet, but neither side yard
shall be less than 45 feet wide; provided that in the case of a lot
held in single and separate ownership at the time this chapter becomes
effective, of a width less than 150 feet, a single-family dwelling
may be built thereon with side yards of less width when authorized
as a special exception; and provided further that in the case of a
single-family dwelling constructed with its greater dimension parallel
to the street, a porch may project into one of the side yards, provided
that the width of such side yard is not thereby reduced to less than
the required minimum of 45 feet.
In the case of any building other than a single-family
dwelling or a building accessory thereto, there shall be two side
yards, one on each side of the main building. If such building is
not over 40 feet high, the width of each of the two side yards shall
be at least 50 feet; and if such building is over 40 feet high, this
width shall be increased 10 feet for each 12 feet or portion thereof
by which the building exceeds 40 feet in height.
There shall be a rear yard of not less than
75 feet in depth. Rear yards shall be unoccupied except for accessory
buildings, which are limited to 20% of the area of the rear yard.
No dwelling house shall be built without adequate
sanitary facilities, which shall be considered to exclude outdoor
toilets.
[Amended 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 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.
[Amended 7-1-2003 by Ord. No. 4-186]
No building or structure shall be erected to
a height in excess of 40 feet.
A.
In the case of a farm, no buildings shall be erected
within a distance of 75 feet from the lot line unless authorized as
a special exception by the Zoning Hearing Board.
B.
In the case of a farm, no buildings shall be erected
within 100 feet of the highway unless authorized as a special exception
by the Zoning Hearing Board.
C.
Roadside stands. In the case of a farm, permanent
roadside stands may be erected and operated by the owner or tenant
of the same as an adjunct to farming, provided that:
[Added 4-21-1986 by Ord. No. 488]
In order to encourage the preservation of natural
resources, the creation of viable open spaces, more creative and attractive
development, the provision of recreation areas and the efficient design
and use of streets, the Board of Supervisors may permit cluster development
in the R-1 Residence District only, provided that the following standards
and criteria are satisfied:
A.
The tract of land shall be not less than 25 contiguous
acres within Whitpain Township.
B.
The tract of land to be developed shall be in one
ownership or shall be the subject of an application filed jointly
by the owners of the entire tract, and it shall be agreed that the
tract will be developed under single direction and completely in accordance
with the plan.
C.
At least 10% of the gross land area of the tract to be subdivided shall contain any one, or combination of, the following, all of which land shall be included as deed-restricted open space described under Subsection G hereunder:
(2)
Slopes in excess of 15% as determined by field topographical
survey.
(3)
Mature permanent vegetation considered by the Board
of Supervisors to be a natural amenity worthy of preservation.
(4)
Other natural features of irreplaceable value or unique
areas providing wildlife habitat, subject to the concurrence of the
Board of Supervisors.
(5)
Historic sites as identified by the Montgomery County
Resource Protective Plan, or other sites supported by appropriate
documentation and endorsement of local historic societies, including
the publication Whitpain . . . Crossroads in Time, published 1977.
(6)
Land suitable for active recreational use or public
open space facilities subject to the concurrence of the Board of Supervisors.
D.
The cluster subdivision option shall be served by
public water and sanitary sewer facilities.
E.
A cluster subdivision option shall be subject to the
following regulations:
(1)
Tract requirements.
(a)
Maximum density: 1.1 dwelling units per acre of the tract, excluding from this calculation floodplain lands prescribed under Article XXV of this chapter.
(b)
Minimum deed-restricted open space: 25% of tract
area. Detention basins required for stormwater management shall be
provided in addition to the minimum deed-restricted open space area
of 25%.
(2)
Lot requirements. Each subdivided lot shall be subject
to the following minimum area, width and yard and maximum height and
building requirements:
(a)
Lot area: 20,000 square feet minimum and 22,500
square feet average.
(b)
Width at building setback line: 110 feet.
(c)
Front yard: 45 feet.
(d)
Side yard: 25 feet each.
(e)
Rear yard: 50 feet.
(f)
Corner lots: A front yard of 45 feet shall be
provided along each street on which the lot abuts. The minimum width
of a corner lot shall be 130 feet, and the minimum area of a corner
lot shall be 22,500 square feet.
(g)
An accessory building or structure may be erected in the rear yard only and shall be subject to § 160-21.
(i)
Maximum building coverage: 15% of the individual
lot.
(k)
Minimum setback from the ultimate right-of-way
of an existing perimeter street: for a principal or accessory building
shall be not less than 75 feet.
(l)
Access restrictions. The Supervisors may impose
the following additional conditions upon recommendation by the Township
Planning Commission:
[1]
Reverse frontage or marginal access road design
shall be provided along arterial or collector streets.
[Amended 5-1-2018 by Ord.
No. 4-249]
[2]
Driveway access shall be permitted only to the
street of lower classification.
F.
(Reserved)
G.
Deed-restricted open space in cluster subdivision
option.
(1)
All areas to be set aside or reserved for parks, woodlands,
conservation, common use or other open space purposes, such as the
preservation of natural features or historical areas, shall be suitable
for the designated purpose, be consistent with the Comprehensive Plan
for the Township and contain no new structures, paving or other physical
improvements except for those necessary and incidental to the open
space purpose, natural plantings, necessary underground utilities
and pedestrian walkways.
(2)
Ownership. All or any portion of the undeveloped and deed-restricted open space may be designated as common open space, in which event all residents of the subdivision shall have access to and use of such common open space, and the ownership thereof shall comply with the requirements of § 160-211A of this chapter.
[Amended 2-2-1999 by Ord. No. 4-163]
(3)
(Reserved)
(4)
(Reserved)
(5)
Options for ownership and use of open space. The Board of Supervisors shall retain the final approval of the form of ownership to be selected in § 160-211A and use and design of deed-restricted open space and may make mandatory one form of ownership and one form of use and design as a condition of approval of a cluster subdivision option.
[Amended 2-2-1999 by Ord. No. 4-163]
(a)
The Supervisors may impose as a condition of
approval, upon recommendation by the Township Planning Commission,
that the minimum required deed-restricted open space shall be incorporated
into one contiguous tract not containing any gerrymandered shapes
or remnant parcels and shall have a width generally not less than
200 feet.
(b)
The Supervisors may impose as a condition of
approval, upon recommendation by the Township Planning Commission,
that some portion of the minimum required deed-restricted open space
shall be allocated to preserve buffer areas adjacent to existing residential
development or to effect a buffer adjacent to nonresidential land
use and having a width generally not less than 75 feet.
