A building or structure may be erected or used and a lot may be used or occupied for any of the following uses and no other. All uses permitted by right or by special exception are subject to the specific regulations in Article
XV for individual uses, in addition to the requirements contained in this and other sections.
A. Uses by right. Uses by right shall be as follows:
(2) Automobile body repair or paint shop.
(6) Day-care, group day-care facility and nursery school/kindergarten.
(10)
General business, professional or government
office.
(18)
Nursery/horticulture/greenhouse.
(20)
Research and development facility.
(22)
Restaurant with drive-through service.
(23)
Retail or personal services shop.
(27)
Warehousing and distribution.
(29)
Uses and structures accessory to permitted uses,
including a helistop and excluding accessory outside storage.
(30)
Forestry/timber harvesting, pursuant to the regulations set forth in Article
XV, §
200-68.
[Added 12-3-2001 by Ord. No. 329]
(31)
Age-qualified community.
[Added 12-19-2005 by Ord. No. 355]
B. Uses by special exception. The following uses may be authorized only as special exceptions by the Zoning Hearing Board in accordance with the standards set forth in §
200-98 of this chapter.
(1) Accessory outside storage.
(4) Utility.
[Amended 8-7-1995 by Ord. No. 297]
(8) Trade or commercial school.
(9) Community treatment/rehabilitation facility.
[Added 10-17-2005 by Ord. No. 354]
C. Conditional uses. The following uses may be authorized only as conditional uses by the Board of Supervisors in accordance with the standards set forth in Article
XXII of this chapter.
(4) Retail and wholesale sale and storage of consumer
fireworks.
[Added 5-16-2007 by Ord. No. 362]
(5) Lawful use not otherwise permitted. Any lawful use
which is required to be permitted by the Pennsylvania Municipalities
Planning Code and which is not otherwise permitted in other use categories
of this chapter, provided that the applicant for such conditional
use establishes that the proposed use meets the following criteria
as well as the requirements set forth in all other applicable sections
of this chapter:
(a)
The use must comply with the lot, area, dimensional
and design criteria of the C-3 District.
(b)
Where applicable, the applicant must demonstrate
that the use proposed will comply with all permit requirements of
the Pennsylvania Department of Environmental Protection and/or other
commonwealth or federal governmental agencies which regulate such
use.
(c)
A buffer area shall be established in accordance with the conditions imposed upon the granting of the conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with Article
XVI of this chapter and shall be of sufficient width to protect the surrounding area from objectionable effects of the proposed use, including but not limited to noise, dust, vibration, odor, illumination, visual effects and the like.
(d)
The applicant must submit an Environmental Impact
Statement at the time the conditional use application is submitted.
The Environmental Impact Statement shall be in accordance with the
provisions of Appendix A, Requirements for Environmental Impact Assessment
Report, incorporated into this chapter.
[Amended 4-6-1998 by Ord. No. 315]
The following area, setback, lot and design requirements shall be met unless otherwise specified for a specific use in Article
XV, in which case the provisions of Article
XV shall apply. A minimum tract size of 10 acres is required, which may then be subdivided as part of an overall plan.
Area and Dimensional Requirements: C-3
|
Requirements for Tract1
|
Requirements for Each Lot Within the Tract2
|
---|
Minimum net lot area
|
10 acres
|
2 acres
|
Minimum lot width at front building line
|
200 feet or 40% of the maximum tract depth,
whichever is greater
|
200 feet
|
Maximum building coverage
|
35%
|
Must be limited so that tract requirement of
35% is not exceeded
|
Maximum impervious surface ratio
|
65%
|
Must be limited so that tract requirements of
65% is not exceeded
|
Front yard
|
100 feet
|
50 feet
|
Side yard
|
75 feet/100 feet if adjoining a residential
district
|
50 feet
|
Rear yard
|
75 feet/100 feet if adjoining a residential
district
|
50 feet
|
Distance between parking lot and any lot line
|
25 feet or 1/2 the distance of the minimum required
yard, whichever is greater3
|
15 feet
|
Maximum building height
|
35 feet
|
35 feet
|
NOTES:
1 Tract requirements
shall apply to any property held in single and separate ownership
on the date of adoption of this amendment. (Editor's Note: The
date of adoption of this amendment is 4-6-1998.)
|
2 The lot requirements
shall apply to lots created by subdivision after the effective date
of this amendment, shall only apply to boundary lines newly created
by such subdivisions and shall not apply to boundary lines existing
on the effective date of the adoption of this amendment. In cases
of subdivisions without land development, the applicable setbacks
shall be recorded on the linen. (Editor's Note: The effective
date of this amendment is 4-11-1998.)
3 Where a buffer
is required along a lot line, parking areas may not be located within
the required buffer yard.
|
[Amended 12-19-2005 by Ord. No. 355]
The requirements of §
200-41 shall apply in the C-3 District, except as noted below in §
200-47A.
A. Standards applicable to age-qualified communities.
(1) Definitions. Within an age-qualified community the definitions in §§
200-7 and
200-68 shall apply, except as defined below:
AGE-QUALIFIED COMMUNITY
A community consisting of single-family attached dwellings,
single-family detached dwellings and multiple-family buildings, which
shall be permanently occupied by at least one person 55 years of age
or older, and further providing that no person under the age of 19
shall occupy a dwelling for more than three months in a calendar year.
An age-qualified community may also provide private recreation facilities
and office/retail buildings.
OFFICE/RETAIL BUILDING
A structure(s) within the age-qualified community that contains
office or retail uses or a combination thereof.
PARKING SPACE
An off-street or on-street area located on a lot or area
with an all-weather surface available for the storage of one motor
vehicle and having dimensions as required in this section. In the
case of single-family dwellings, the garage and a private driveway
outside the garage may both count toward the parking requirements,
whether or not access to the street requires moving the car parked
on the driveway.
PRIVATE ACCESS DRIVES
A paved cartway to the rear of dwellings for the purpose
of vehicular service and access to private parking. No parking shall
be allowed within the private access drive. The minimum cartway width
shall be 12 feet for one-way circulation and 18 feet for two-way circulation.
The minimum clear distance, free of any vertical obstructions, shall
be 20 feet.
PRIVATE RECREATION
Recreational facilities and buildings for the use of community
residents and their guests and invitees.
SHARED ACCESS AND UTILITY EASEMENT
A private street with a cartway providing access to individual
dwellings, which may also contain utilities, on-street parking and
sidewalks. The minimum width of the cartway shall be 22 feet, exclusive
of on-street parking or sidewalks.
SINGLE-FAMILY ATTACHED DWELLING
A dwelling designed and occupied exclusively as a residence
for one family, having independent access, either to the outside or
a common stairwell, hallway, or lobby, attached to but separated from
adjoining dwellings by a minimum of one party wall, or a ceiling and
floor or a landscape structure, such as a trellis or arbor.
(2) Within an age-qualified community, the following uses
are permitted by right and no others:
(a)
Dwelling, single-family detached.
(b)
Dwelling, single-family attached.
(c)
Multiple-family building.
(g)
Office and retail uses.
[1]
Day-care center, group day-care facility, nursery
school and kindergarten.
[3]
General business, professional or government
office.
[5]
Retail store, no larger than 15,000 square feet
of gross floor area.
[7]
Nursery/horticulture/greenhouse.
[11] Uses and structures accessory
to permitted uses except for outside storage.
(3) An age-qualified community shall be subject to the
following listed lot area, dimensional and design standards and no
others:
(a)
Dimensional standards. Buildings within the
age-qualified community shall be subject to the following listed dimensional
standards, and the following requirements:
Type of Use
|
Maximum Percent of Residential Units
|
Maximum Building Height
|
Maximum Gross Floor Area
|
Minimum Lot Area1
|
---|
Single-family detached
|
60
|
35
|
NA
|
6,000
|
Single-family attached
|
60
|
45
|
NA
|
2,000
|
Multi-family buildings
|
40
|
653
|
NA
|
NA
|
Office/retail
|
NA
|
35
|
600 square feet per acre4
|
1/2 per acre2
|
NOTES:
|
---|
1 Lot area standards
listed are in the event the property is subdivided into lots.
|
2 Based on base site
area if the office or retail areas are subdivided.
|
3 Multifamily buildings
to be a maximum of three stories of dwelling units over one level
of parking.
|
4 Based on the base
site area for the entire tract.
|
(b)
Resource protection standards.
[1]
A minimum of 20% of the base site area shall
be devoted to resources protected lands and open space.
[Amended 8-2-2023 by Ord. No. 440]
[2]
Forty percent of the total quantity of woodlands
on site shall be protected. In no instance shall woodlands within
areas with a higher resource protection ratio (i.e., wetlands) be
disturbed.
[3]
The requirements of §
200-51B(4)(e) shall not apply to an age-qualified community.
(c)
Setback requirements by use. The building setback
standards as follows shall take precedence over any yard requirements
resulting from any future subdivision or phasing.
|
Building Setbacks To5:
|
---|
Use
|
Perimeter Property Line4
(feet)
|
Adjacent Building
(feet)
|
Parking Lot
(feet)
|
Existing Arterial R.O.W.4
(feet)
|
Existing Collec-
tor R.O.W.4
(feet)
|
Existing Local Street R.O.W.4
(feet)
|
Gar-
age Setback to Cart-
way
(feet)
|
New Local Street1
(feet)
|
New Private Street1,2
(feet)
|
Private Access Drive to Garage
(feet)
|
---|
Single
-family detached dwellings
|
50
|
15
|
152
103
|
80
|
50
|
25
|
25
|
20
|
15
|
6
|
Single
-family attached dwellings
|
50
|
20
|
152
103
|
80
|
50
|
25
|
25
|
20
|
15
|
6
|
Multi-
family buildings
|
50
|
25
|
152
103
|
100
|
80
|
25
|
25
|
25
|
15
|
NA
|
Retail
|
80
|
30
|
10
|
100
|
40
|
40
|
NA
|
20
|
20
|
NA
|
Office/
retail building
|
60
|
30
|
152
103
|
75
|
40
|
40
|
NA
|
20
|
20
|
NA
|
NOTES:
|
---|
1 Measured to edge
of cartway.
|
2 Excluding porches,
canopies, awnings and other projections.
|
3 To side or rear
of building.
|
4 Section 200-63, Special setbacks along arterial and collector streets, shall not apply
|
5 Section 200-61, Special setbacks, shall not apply.
|
(d)
Required buffers, per §
200-73, may be located in setbacks, provided the setback has a minimum depth of 25 feet.
(e)
The standards of Article
XV, §
200-68, shall not apply to an age-qualified community.
(f)
Density standards.
[1]
Residential. There shall be a maximum density
of 4.6 units per acre of base site area, regardless of dwelling unit
type. Mix of dwelling unit types shall be governed by § 200-47A3(a).
[2]
In addition, a maximum of 600 square feet of
office/retail uses per acre of base site area may be developed within
the age-qualified community. Office and retail uses must be developed
along an existing collector street.
(4) Parking requirements. The following dimensional and
quantity standards shall apply to uses in an age-qualified community:
(a)
Design standards.
[1]
Dimensions.
[a] Each off-street parking space shall
be a minimum of nine by 18 feet.
[b] Each on-street parking space shall
be a minimum of eight by 21 feet.
(b)
Location.
[1]
Spaces may be provided in a common parking area,
except such parking areas shall not be located in areas proposed for
resource protection or open space.
[Amended 8-2-2023 by Ord. No. 440]
[2]
Location of parking spaces for nonresidential
areas.
[a] Required off-street parking spaces
may be on the same lot or within the common parking area for the use
served. Parking areas may occupy a portion of yard areas but may not
occupy any area required for a buffer and may not be located closer
than 25 feet to any perimeter lot line. This requirement will not
apply to internal lot lines created by subdivisions of the site into
sections.
[3]
Location of parking spaces in residential areas.
[a] Required off-street parking spaces
may be located in front of a dwelling, provided that such spaces are
paved with a hard surface material and no portion of each space is
within five feet of the cartway of the shared access and utility easement
or the right-of-way line or property line.
[b] Required off-street parking spaces
shall be on the same lot or area with the use served. Parking areas
may occupy a portion of yard areas but may not occupy any area required
for a buffer and may not be located closer than 15 feet to any perimeter
lot line.
[c] Parking on new local streets or
on shared access easements may be allowed for up to 25% of the parking
requirement, where a designated lane or area is provided for on-street
parking.
(c)
Number of parking spaces required. The following
are the minimum number of parking spaces required for specific uses.
[1]
Dwellings, including single-family attached,
single-family detached and multiple-family building: minimum of two
spaces per dwelling. Garage spaces shall count towards the parking
requirement.
[2]
Private recreation: one parking space for each
250 square feet of gross building floor area.
[3]
Retail uses: one parking space for every 200
square feet of gross building floor area.
[4]
All office uses: one parking space for every
250 square feet of gross building floor area.
(5) Additional standards.
(a)
Variation of design. Single-family attached
dwellings shall be arranged in groups or clusters. No more than seven
dwellings may be so attached in any one group and the total length
of the group shall not exceed 240 feet.
(b)
Street access.
[1]
Access to roads. The provisions of §
200-64 of the Zoning Code shall not be applicable to age-qualified communities and the Board of Supervisors may approve access to roads from a private street, road or right-of-way.
[2]
Street dedication. Each single-family area shall
have a principal access road or shared access and utility easement
which may be dedicated to the Township.
[3]
Access to dwellings. No dwelling shall hereafter
be erected unless there is a direct access to it through a street
or shared access and utility easement.
(c)
Flag or lane lots. Where lots are created, flag
or lane lots shall be permitted for all residential uses.
[1]
Minimum lot size shall be 6,000 square feet
for single-family detached dwellings or 2,000 square feet for single-family
attached dwellings.
[2]
The minimum lot area shall be measured inclusive
of the area of the lane or flagpole.
[3]
The width of the lane or flagpole portion of
the lot may not be less than 15 feet.
[4]
The front yard setback for a flag or lane lot
shall be six feet and shall be measured from the rear lot line of
the parcel located between the subject lot and the street.
[5]
Only one tier of flag or lane lots will be permitted.
A tier shall be defined as a single row of lots behind lots which
have the required frontage on the street. A flag lot shall not be
located behind another flag lot.
(d)
Impervious surface coverage requirements.
[1]
Maximum tract impervious surface coverage shall
not exceed 60% of gross site area.
[2]
Individual lot standards for impervious surface
coverage shall not apply.
(e)
A minimum of 350 square feet of recreation land
shall be provided per dwelling unit.
(f)
Phasing of development. In the case of an age-qualified
community proposed to be developed over a period of years, standards
established in provisions elsewhere in this section may, to encourage
the flexibility of housing density, design and type intended by this
section:
[1]
Permit a variation in each section to be developed
from the density or intensity of use established for the entire age-qualified
community development.
[2]
Allow for a greater concentration in density
or intensity of land use within some section or sections of development,
whether it be earlier or later in the development, than upon others.
[3]
Require that the approval of such greater concentration
of density or intensity of land use for any section to be developed
be offset by a smaller concentration in any completed prior stage
or by an appropriate reservation of open space on the remaining land
by a grant of easement or by covenant in favor of the Township, provided
that such reservation shall, as far as practicable, defer the precise
location of such open space until an application for final approval
is filed, so that flexibility of the development can be maintained.
[Amended 8-2-2023 by Ord. No. 440]
(g)
Applicability of Township codes. Where no development standard is contained within this Article
XII, the standards of the Township Zoning Code and the Subdivision and Land Development Code shall apply. In the event a conflict exists between Article
XII of the Zoning Code and the Subdivision and Land Development Code, the provisions and standards of this Article
XII shall take precedence.
(6) Procedures.
(a)
In addition to the requirements imposed by the
Lower Makefield Township Subdivision and Land Development Ordinance,
the preliminary plan submission shall consist of a site plan and supporting
documentation that addresses the following:
[1]
The location, size and topography of the site;
[2]
The density of the land use to be allocated
to parts of the site to be developed;
[3]
The location and size of the open space and
the form of organization proposed to own and maintain the open space;
[Amended 8-2-2023 by Ord. No. 440]
[4]
The use and approximate height, bulk and location
of buildings and other structures;
[5]
The feasibility of proposal for the disposition
of sanitary sewer and stormwater and for water supply;
[6]
Covenants, grants of easements or other restrictions
proposed to be imposed on the use of land, buildings and structures,
including proposed easements or grants for public utilities;
[7]
Location and widths of proposed streets, alleys
and public ways and provisions for the parking of vehicles;
[8]
In the case of developments to be staged over
a period of years, a schedule showing the proposed times within which
applications for final approval of all sections of the age-qualified
community are intended to be filed.
(b)
A final plan submission shall be prepared for
the entire site or any section of the approved preliminary plan proposed
to be developed within the overall site. The application shall include
any drawings, specifications, covenants or easements. The final subdivision
shall adhere to the standards set forth in the Lower Makefield Township
Subdivision and Land Development Ordinance.