A.
In addition to the goals presented in the general
purpose and the community development objectives sections of this
chapter, the purpose of this district is to make specific provisions
for appropriate multifamily residential, limited office and visual
arts center uses in selected locations, particularly along major highways,
which can serve as logical transitional districts between single-family
residential development and areas of heavier traffic, and which produce
fewer hazards and less interference with highway traffic than conventional
commercial areas by:
[Amended 12-16-2013 by Ord. No. 2013-6]
(1)
Providing for higher density in selected areas
capable of accepting the increased density without overburdening services;
(2)
Accommodating market demand and recognizing
the economics of multifamily residential development;
(3)
Accommodating increased population on smaller
tracts of land while preserving open space;
(4)
Providing for a balance of choice in residential
structural types and to provide for adequate traffic, fire, landscaping,
and screening controls, so as to present an attractive and safe addition
to residential development patterns in the Township; and
(5)
Providing for office uses that produce fewer
hazards and less interference with highway traffic than traditional
commercial uses and are thereby compatible with high-density residential
development.
(6)
Providing for a visual arts center (VAC) use that promotes,
educates, entertains, informs and advances the visual arts in the
community.
B.
The design standards contained in this article are
intended to be consistent with zoning purposes regarding appropriate
density and intensity of use, avoidance of congestion, and adequacy
of light and air.
A.
Uses by right. A building may be erected, altered,
or used, and a lot or premises may be used or occupied, by right,
for any of the following purposes and no other:
[Amended 9-15-1997 by Ord. No. 97-3; 3-3-2003 by Ord. No.
2003-2]
(1)
Multifamily dwellings, except that townhouse dwellings shall be permitted only as a conditional use, as stipulated in § 170-801B, below.
(2)
Accessory uses. Only the following accessory
uses shall be permitted:
(c)
Uses customarily accessory to multifamily residential
use, including but not limited to:
[1]
Parking areas and private garages;
[2]
Storage buildings, areas, or garages;
[3]
Laundry, provided that it is for the exclusive
use of residents of the site. Any laundry drying area shall be indoors;
[4]
Community recreation, eating, or medical care
facility, provided it is for the exclusive use of residents of the
site and their guests; and
[5]
Patios or terraces.
B.
Conditional uses. The following uses shall be permitted only upon approval as a conditional use by the Board of Supervisors in accordance with the terms of this article and § 170-2009 of this chapter:
(1)
Conversion of a single-family dwelling, in accordance with the provisions of § 170-1608 of this chapter.
(3)
Professional or business office, the normal
attributes of which do not involve on-the-premises retailing or the
direct sale of merchandise to the general public.
(4)
Professional or business offices in combination with multifamily residential use, in the form of either apartment or townhouse dwellings, only in accordance with the provisions of this article and of Article X of this chapter pertaining to the uses as proposed.
(5)
Educational or religious uses.
[Amended 10-20-1997 by Ord. No. 97-5]
(6)
Day-care center.
[Amended 10-20-1997 by Ord. No. 97-5]
(7)
Institutional uses, excluding hospitals, sanitariums,
penal or corrective institutions and related rehabilitative facilities.
[Amended 10-20-1997 by Ord. No. 97-5]
(8)
Residential care facilities for senior citizens.
[Amended 10-20-1997 by Ord. No. 97-5]
(9)
Banking or financial institution only where in combination with a professional or business office as provided in § 170-801B(3) or (4).
[Added 5-2-2005 by Ord. No. 2005-4]
(11)
Medical services.
[Added 4-4-2022 by Ord. No. 2022-03]
(12)
Veterinary clinic for the treatment of domestic animals, provided
that boarding is prohibited.
[Added 4-4-2022 by Ord. No. 2022-03]
The following regulations shall apply:
A.
The maximum density of use on any tract within the R-3 District shall be as determined by § 170-1519B of this chapter.
B.
Apartment dwellings.
(1)
Minimum tract area: five acres, as determined by § 170-1519A of this chapter.
[Amended 3-3-2003 by Ord. No. 2003-2]
(4)
Minimum tract width at building setback line:
280 feet.
(5)
Minimum tract width at street line: 50 feet.
(6)
Maximum impervious coverage: 50%.
[Amended 12-5-1994 by Ord. No. 94-6]
(7)
Distance between buildings: To encourage flexibility
in site design, maintain and protect views for occupants of buildings,
ensure privacy, and assure sufficient light and air, the minimum distance
between buildings shall be:
(a)
Two times the height of the taller of two buildings
where fenestrated facades face each other, or where one fenestrated
facade faces an unfenestrated facade (wall, end, or corner), but in
no case less than 60 feet; and
(b)
Twenty-five feet, where two buildings abut end
to end, corner to corner, or end to corner (where corners and ends
are unfenestrated).
(8)
Minimum setback from tract boundaries:
(a)
All buildings shall be set back from the right-of-way
line of any street which the development abuts, and from any boundary
line of the tract, a distance of not less than 100 feet. Where proposed
apartment buildings will abut tracts containing other apartment buildings,
this distance may be reduced to 50 feet.
(b)
In cases where a multiple dwelling building
abuts a tract zoned A/C, R-1, or R-2, this one-hundred-foot distance
is to include at least a fifty-foot planted buffer (containing no
paving), and a fifty-foot setback which shall not intrude into the
buffer.
(9)
Unit width: No unit shall be less than 20 feet
in width.
(10)
Maximum building length: 100 feet.
(11)
Building height: Building height shall be limited
to three stories and shall not exceed 38 feet.
[Amended 5-1-1995 by Ord. No. 95-2]
(12)
Minimum common open space: 40% of the gross
area of the tract.
C.
Accessory uses. Accessory uses may be located in side and rear yards, but only in conformance with the standards of § 170-1502 of this chapter. Maximum height for accessory buildings shall be 20 feet.
D.
Conditional uses.
(1)
For any integrated townhouse development, the area and bulk standards of Article X applicable to such use shall govern in the R-3 District.
(2)
For professional or business office use, as permitted under § 170-801B(3) and (4), and for uses in § 170-801B(5), (6), (11), and (12) above, the following standards shall apply:
[Amended 12-5-1994 by Ord. No. 94-6; 10-20-1997 by Ord. No.
97-5; 3-3-2003 by Ord. No. 2003-2; 5-2-2005 by Ord. No.
2005-4; 4-4-2022 by Ord. No. 2022-03]
(b)
Minimum setback from tract boundaries:
[1]
All buildings shall be set back from the right-of-way
line of any street which the development abuts, and from the boundary
line of the tract, a distance of not less than 100 feet. Where proposed
buildings will abut tracts containing similar uses, this distance
may be reduced to 50 feet.
[2]
In cases where a professional or business office
use abut a tract zoned A/C, R-1, or R-2, this one-hundred-foot distance
is to include at least a fifty-foot planted buffer (containing no
paving), and a fifty-foot setback which shall not intrude into the
buffer.
(c)
Maximum floor area ratio: 0.30.
(d)
Maximum impervious coverage: 60%.
(e)
Standards for lot width, distance between buildings, building length, building height, and common open space shall be those stipulated in § 170-802B above, except for the following:
(f)
The Board of Supervisors may, in its sole discretion,
permit the units within the professional or business office buildings
to be constructed upon lots which are held in single and separate
ownership and which conform in lot area to the footprint of the foundation
of each such unit. In lieu of a lot measured by the unit footprint,
the developer may elect to provide for condominium ownership.
(g)
Where professional or business office use is to be developed in combination with apartment or townhouse use, as provided in § 170-801B(4), each of the two combined uses shall be required to comply with the standards for development (area and bulk regulations, density and design standards, site conditions, open space and other applicable standards) set forth in this chapter and applicable to each such use, if developed independently of the other. In the case of an integrated townhouse development, combined with the said office use, the Board of Supervisors may, in its sole discretion, permit a lot size which conforms to the footprint of the townhouse foundation. In lieu of either the lot of 1,200 square feet or the lot measured by the unit footprint, the developer may elect to provide for condominium ownership. In the conditional use review process where such a combination of uses is proposed, each area of the lot being developed and devoted to a particular use shall be designated and shall be considered a separate lot for review purposes and for application of the respective development standards of this chapter applicable thereto.
(3)
Institutional uses.
[Amended 10-20-1997 by Ord. No. 97-5]
(a)
Minimum tract area:
[1]
Three acres for an institution housing up to
four residents/clients and any associated supervisory personnel.
[2]
An additional 1/2 acre of lot area shall be
required above the three-acre minimum for every two additional residents/clients
and associated supervisory personnel, or any portion of such increment.
(b)
Minimum setback from tract boundaries shall be that stipulated in § 170-802D(2)(b) above.
(c)
Maximum floor area ratio: .40.
(d)
Maximum impervious coverage: 60%.
(e)
Standards for lot width, distance between buildings, building length, and building height shall be that stipulated in § 170-802B above.
(f)
Minimum requirements for off-street parking shall be those applicable to a single-family dwelling as specified in Article XVII for an institution housing up to four resident/clients and associated supervisory personnel. One additional parking space shall be required for each additional two resident/clients and associated personnel.
(g)
The applicant shall demonstrate that all necessary
approvals and permits from the Pennsylvania Department of Labor and
Industry have been obtained or waived, particularly with respect to
fire protection, safety measures, construction standards, and design
standards to accommodate the handicapped. The Board of Supervisors
may authorize approval of the conditional use contingent upon the
requisite approvals being obtained.
(h)
The Board of Supervisors shall consider the
proximity of the proposed use to any other similar institution within
the Township and/or to similar facilities in adjacent municipalities
and shall not approve any such request where resulting proximity might
unduly alter the intended character of the neighborhood through the
relative concentration and scale of such uses.
E.
Twin dwellings.
[Added 3-3-2003 by Ord. No. 2003-2]
(1)
Maximum density: four dwelling units per acre of tract area, based upon § 170-1519. Each dwelling shall be on its own fee-simple or condominium lot. Each dwelling shall be physically placed so that all of the dimensional requirements could be met as if each dwelling was on its own lot. However, such lot lines do not need to be legally established.
(2)
Maximum building coverage: 30%.
(3)
Maximum impervious coverage: 60%.
(4)
Minimum side yard: 10 feet.
(5)
Minimum building setback line from the right-of-way
of a minor street: 25 feet.
[Amended 11-7-2022 by Ord. No. 2022-09]
(6)
Minimum rear yard: 30 feet.
(7)
Minimum building setback from the future right-of-way
line of an arterial street: 100 feet.
(8)
Minimum building setback from the future right-of-way
line of a collector street: 50 feet.
(9)
Minimum lot width at minimum building setback
line: 50 feet per dwelling unit.
(10)
Maximum building height: three stories or 38
feet, whichever is most restrictive.
(11)
Minimum common open space: 30% of the gross
area of the tract.
(12)
Minimum lot area: 4,800 square feet per dwelling
unit.
F.
Single-family detached dwelling.
[Added 3-3-2003 by Ord. No. 2003-2]
(1)
Maximum density: four dwelling units per acre of tract area, based upon § 170-1519. Each dwelling shall be on its own fee-simple or condominium lot. Each dwelling shall be physically placed so that all of the dimensional requirements could be met as if each dwelling was on its own lot. However, such lot lines do not need to be legally established.
(2)
Maximum building coverage: 30%.
(3)
Maximum impervious coverage: 65%.
(4)
Minimum side yard: two required, each with a
minimum of 10 feet.
(5)
Minimum building setback line from the right-of-way
of a minor street: 25 feet.
[Amended 11-7-2022 by Ord. No. 2022-09]
(6)
Minimum rear yard: 30 feet.
(7)
Minimum building setback from the future right-of-way
line of an arterial street: 100 feet.
(8)
Minimum building setback from the exterior boundaries
of the tract and any future right-of-way line of a collector street:
50 feet.
(9)
Minimum lot width at the minimum building setback
line: 50 feet per dwelling unit.
(10)
Maximum building height: three stories or 38
feet, whichever is most restrictive.
(11)
Minimum common open space: 20% of the gross
area of the tract.
(12)
Minimum lot area: 8,000 square feet.
G.
Visual Arts Center (VAC).
[Added 12-16-2013 by Ord. No. 2013-6]
(1)
A visual arts center (VAC) is intended to provide for uses where
all aspects of the visual arts discipline are permitted. The VAC use
shall be accessible to the public in an effort to promote, educate,
entertain, inform and advance the visual arts in the surrounding community
as a continuing benefit to the public welfare and culture of Westtown
Township. The portions of a building not dedicated to a VAC or related
accessory use shall be occupied by any use permitted under the R-3
Residence-Office District regulations without need for any additional
conditional use approval, if required, and such uses shall only be
governed by the regulations and standards applicable to a VAC under
this chapter.
(2)
Tract location, area and frontage. The following shall be provided:
(a)
The tract shall be located in the R-3 Residence-Office District;
(b)
The tract shall have a minimum of 300 feet of street frontage
along West Chester Pike (Route 3);
(c)
The tract area shall have a minimum of three acres. Tract area shall be the net area of the tract excluding existing street rights-of-way. Tract area for a VAC shall not be calculated according to § 170-1519.
(d)
Any building containing a VAC shall be located a minimum of
100 feet from the R-1 or R-2 Residential Zoning Districts.
(3)
Area and bulk regulations. The following shall be provided:
(a)
Minimum front yard building setback: 25 feet.
[1]
Front yard setbacks shall be measured from the ultimate right-of-way
line.
[2]
Where the tract is a corner lot having two or more street frontages
or where 10% or more of the tract is environmentally constrained and
undevelopable, one of the two required front yard building setbacks
may be reduced to 10 feet.
(b)
Minimum side yard building setback: 10 feet.
[1]
Side yards shall be measured from the corresponding property
line.
(c)
Minimum rear yard building setback: 35 feet.
[1]
Rear yards shall be measured from the corresponding property
line.
(d)
Maximum building height: four stories.
(e)
Maximum impervious coverage: 65%.
(4)
Design standards. The following shall apply:
(d)
Off-street parking and loading: Off-street parking spaces required for a VAC use shall be calculated based upon the gross leasable floor area of the building containing the VAC use. Where appropriate, off-street parking for a VAC use may be shared parking under § 170-1706. The off-street parking requirement for a VAC use may be satisfied off premises provided the off-premises parking is located within 650 feet of the property on which the VAC use is located. A VAC use shall be required to provide a minimum number of off-street parking spaces in accordance with the following:
(g)
Architecture and facade of VAC building: The architecture and
facade of the VAC building shall, in and of itself, be a form of visual
art. The VAC building facade shall incorporate unique or distinctive
architectural design elements. As part of a conditional use application
for a VAC, the applicant shall submit conceptual architectural facade
renderings and elevations together with a general list of proposed
building materials for review and approval by the Township and Township
architect. The relative cost of construction of the VAC building shall
be a factor considered in the feasibility of a recommended VAC building
design. Based upon comments received from the Township and/or Township
architect, the applicant shall be permitted to revise the conceptual
VAC building architecture and facade as may be necessary to obtain
Township approval. Revisions to a conceptual VAC building architecture
and facade shall not be considered a substantial change or amendment
to a pending application for approval of a VAC.
(5)
Visual communication technology (VCT). The following shall apply:
(a)
A building containing a VAC use may incorporate a maximum of
two VCTs into the exterior building facade. A VCT shall be structurally
integrated into the building facade as much as possible and face toward
vehicular travelled rights of way. A VCT shall be consistent with
the aesthetic and architectural design of the building containing
the VAC.
(b)
A VCT shall have a maximum surface area of 500 square feet.
(c)
The VCT shall be permitted to display or advertise: on-premises
businesses or activity, off-premises businesses or activity, public
announcements, civic events, and emergency messages or alerts. The
VCT shall not display or advertise any content prohibited by 18 Pa.C.S.A.
§ 5903.
(d)
Illumination of the VCT must be internal and can be provided
by using light-emitting diodes (LED), fiber optics, projection technology
or other similar illumination technologies.
(e)
The VCT shall not be illuminated between the hours of 12:00
a.m. and 6:00 a.m.
(f)
The VCT shall not display any moving, flashing, scrolling, or
animated text or video.
(g)
The brightness of the VCT shall not exceed 0.3 footcandle of
light above the normal ambient light levels. The VCT luminance shall
be determined by a footcandle metering device held at a height of
five feet and aimed toward the VCT from a distance of 250 feet from
a location perpendicular to the center of the VCT as a white screen
as seen in plain view. The VCT shall utilize ambient light sensors
to automatically reduce the intensity of illumination during periods
of darkness.
A.
The following design standards, to the extent not modified in § 170-802 above, as applicable, shall govern all uses permitted by right and by conditional use in the R-3 District:
[Amended 12-5-1994 by Ord. No. 94-6; 12-16-2013 by Ord. No. 2013-6]
(9)
All utility services are to be installed underground.
B.
Special site design standards for apartments:
(1)
Whenever a rear entry to an apartment house
faces a public street or dwelling, there shall be a continuous vision
screening wall, fence, or appropriate landscaping not less than six
feet in height between the public street or dwelling and the apartment
house.
(2)
Inner courtyards. All such courts shall have
a minimum of two openings permitting access from outside the building
groups into the courts. These openings shall be at least 12 feet in
width between buildings and may be covered by a roof, but not by any
other part of the building. At least one opening shall be without
cover and accessible to an interior drive or fire lane easement.
(3)
Walls, fences, and appropriately landscaped
areas may be placed anywhere on the apartment tract, unless specifically
restricted by any section contained in this chapter. All planting
required to be six feet in height shall be of such species and size
as will produce a substantial visual screen within five years from
the date of approval of the plan by the Board.
(4)
Off-street parking space may be provided as
an individual garage or carport or a parking area adjacent to or near
the apartment it serves, but not closer than 20 feet to the apartment
wall, except when located within the apartment house.
(5)
Parking access shall be screened by a masonry
wall, fence, or appropriately landscaped area, with a height of not
less than six feet. No parking space shall be located within any front
yard, except that parking areas may be located within 10 feet of front
lot lines, provided that the parking areas are screened by a continuous
solid masonry wall, not less than six feet high and interrupted only
at entrances and exits.
