The purpose of the Multi-Use District is to
provide an area within the Township for many of the uses permitted
in other sections of this chapter, as well as for uses not elsewhere
specifically authorized in this chapter when such uses can be made
compatible with the public interest and welfare. It is intended that
the Multi-Use District be a district which has reasonable access to
transportation, both by road and by rail, and is accessible to off-site
water and sewer service, it being the belief that such proximity will
allow for the uses which could not properly locate elsewhere in the
Township.
A.
Uses by right. In the Multi-Use District, 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:
(1)
Any use authorized in the R-1, R-2, R-3, and
C-1 Districts, subject to all of the regulations, standards and restrictions
applicable within such districts; provided, however, that:
(2)
Accessory uses. Only the following accessory
uses shall be permitted:
(a)
Minor home occupation in accordance with the terms of § 170-1605 of this chapter.
[Amended 9-15-1997 by Ord. No. 97-3]
(b)
Any accessory use permitted in the R-1, R-2,
R-3, and C-1 Districts which corresponds to a use authorized by this
section, subject to all of the regulations, standards, and restrictions
applicable within those districts.
(3)
Small-lot single-family detached development.
B.
Uses by special exception. The following uses shall be permitted when authorized as a special exception by the Zoning Hearing Board, in accordance with the terms of this article and § 170-2108 of this chapter:
(1)
Manufactured/mobile home park, in accordance with the standards of § 170-1002 of this article.
[Amended 3-3-2003 by Ord. No. 2003-2]
(2)
Any other lawful use not provided for in this article, so long as it is consistent with the health, morals, and general welfare of the Township and subject to the applicable area and bulk regulations of § 170-802 of this chapter and the applicable design standards of Article XV of this chapter, and subject further to other supplemental regulations and provisions of this chapter, where applicable.
(3)
Manufacture, testing, assembly, processing,
packaging and accessory storage of precision instruments, electronics,
microelectronics, wood products and items with a closely similar character.
[Added 3-3-2003 by Ord. No. 2003-2]
(4)
Printing and publishing.
[Added 3-3-2003 by Ord. No. 2003-2]
(5)
Such other wholesale sales, light industrial,
testing and research uses that the applicant proves to the satisfaction
of the Zoning Hearing Board as a special exception use will meet all
of the following standards:
[Added 3-3-2003 by Ord. No. 2003-2]
(a)
The use will not typically generate more than
10 tractor-trailer trucks entering or leaving any lot per day, and
will involve tractor-trailer trucks being directed to use the most
appropriate access route from the lot as a condition of approval.
(c)
The use will be of such character and have such
external effects as to be highly compatible with existing and planned
dwellings within the vicinity.
(d)
The use will not create significant risks of
environmental, explosive, fire or genetic hazards, transport of highly
hazardous materials, or noxious odors, based upon a comprehensive
professional analysis.
(e)
Limits upon the hours of operation shall be
established as a condition of any special exception approval to minimize
conflicts with dwellings.
(f)
As a condition upon special exception approval,
the Zoning Hearing Board may require additional landscaping or earth
berming or solid fencing or walls between business operations and
any residential lots to minimize conflicts with dwellings.
(6)
Indoor recreation and fitness facilities.
[Added 3-3-2003 by Ord. No. 2003-2]
A.
To be eligible for use as a mobile home park, a tract
must have a gross area of not less than five acres.
[Amended 3-3-2003 by Ord. No. 2003-2]
B.
The maximum gross density for any mobile home park shall be four dwelling units per acre of tract area, as established by § 170-1519 of this chapter.
C.
A minimum of 20% of the gross area of the tract shall be designated as common open space and shall comply with the standards in § 170-907 of this chapter.
D.
The lot attributable to each mobile home shall be
served by an off-site sewage disposal system and off-site water system
approved by the Pennsylvania Department of Environmental Protection,
Chester County Health Department, and/or Public Utility Commission,
as applicable.
E.
Mobile home parks shall be governed further by the applicable provisions of Chapter 149, Subdivision and Land Development.
F.
All mobile homes shall be set back a distance of not
less than 100 feet from the tract boundary, or from the zoning district
boundary separating the Multi-Use District from any other zoning district.
The required one-hundred-foot setback shall include a minimum fifty-foot
buffer which shall be planted and not include any paved areas.
A.
Use regulations.
(1)
Permitted uses. Within an integrated townhouse
development a building may be erected or used and a lot may be used
or occupied for the following purposes and no other:
B.
Standards for development. The following standards
shall govern the design and development of an integrated townhouse
development:
[Amended 12-5-1994 by Ord. No. 94-6; 5-1-1995 by Ord. No.
95-2; 3-3-2003 by Ord. No. 2003-2]
(1)
Site conditions.
(a)
To be eligible for use for an integrated townhouse
development, the proposed tract shall have a gross area of not less
than five acres.
(b)
Natural features/resource protection: The natural features protection standards contained in Article IV of this chapter shall be applicable to any integrated townhouse development.
[1]
Site analysis: In conjunction with
the provisions of this section, the applicant shall prepare a site
analysis which identifies the following:
[a]
Degree of slope, in the following
ranges: less than 15%, as measured at two-foot contour intervals;
15% to 25% and greater than 25%, as measured at two-foot contour intervals.
[b]
Areas subject to floodplain regulations,
including floodway, flood fringe, and approximated floodplain areas,
as delineated by the Flood Insurance Study for Westtown Township prepared
by the Federal Insurance Administration.
[Amended 9-5-2017 by Ord.
No. 2017-3]
[c]
Water bodies and watercourses,
both perennial and seasonal.
[d]
Drainage basin and subbasins.
[e]
Wetlands, as defined by this chapter.
[f]
Generalized soil types as designated
in the Soil Survey of Chester and Delaware Counties (USDA, 1963).
[g]
Generalized geological characteristics,
including rock formation type(s).
[h]
Existing vegetation, denoted as
to type, including tree masses, treelines, and hedgerows; individual
freestanding trees over six inch dbh; wetland vegetation; meadow,
pasture, or cropland; orchard; cultivated and ornamental garden areas;
etc.
[i]
Existing structures and other improvements.
[j]
Historic resources, including structures,
ruins, sites, traces, and relationship to the bounds of any National
Register historic district.
[k]
Existing paths and trails.
[2]
Finished topography: The finished
topography of the site shall adequately facilitate the proposed development
without excessive earthmoving, tree clearance, or destruction of natural
amenities. Natural features such as lakes, streams, and wooded slopes
shall be preserved and incorporated into the final landscaping of
the development wherever possible and desirable. The applicant shall
demonstrate the means whereby trees and other natural features shall
be protected during construction.
[3]
Stormwater management: The applicant shall submit a proposed stormwater management plan, to be approved by the Township Engineer in accordance with Chapter 149, Subdivision and Land Development. In addition, the Board may require the submission of a study of the off-site and overall groundwater impacts of the proposed stormwater management system.
(2)
Density and design standards and area and bulk
regulations.
(a)
Density. The maximum gross density shall not exceed six dwelling units per acre of tract area, as established by § 170-1519 of this chapter.
(b)
Lot area. No dwelling unit shall be constructed
upon a lot containing less than 1,200 square feet. 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 1,200
square feet lot or the lot measured by the unit footprint, the developer
may elect to provide for condominium ownership.
(c)
Height. Building height shall be limited to
three stories and shall not exceed 38 feet.
[Amended 5-1-1995 by Ord. No. 95-2]
(d)
Length. No row of townhouses shall exceed 120
feet in length or five continuous dwelling units in a row, whichever
is less.
(e)
Width. No townhouse shall be less than 20 feet
in width. However, if garage door(s) for two or more vehicles will
face and be visible from a public street, then the minimum building
width for each townhouse shall be increased to 28 feet.
(f)
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:
[1]
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
[2]
Twenty-five feet, where two buildings
abut end to end, corner to corner, or end to corner (where corners
and ends are unfenestrated).
(g)
Setback.
[1]
All buildings within an integrated
townhouse development shall be set back from the right-of-way line
of any street the development abuts, a distance of not less than 100
feet.
[2]
All buildings within an integrated
townhouse development shall be set back from the edge of the cartway
of any interior road or accessway, a distance of not less than 25
feet.
[3]
All buildings within an integrated
townhouse development shall be set back a distance of not less than
100 feet from the tract boundary, or from the zoning district boundary
separating the Multi-Use District from any other zoning district.
[4]
The required one-hundred-foot setback
shall include a minimum fifty-foot buffer which shall be planted and
not include any paved areas.
(h)
Maximum impervious lot coverage. Not more than
45% of the gross area of the tract shall be covered by impervious
surfaces.
(i)
Design standards.
[1]
Streets within an integrated townhouse development shall be designed in accordance with the terms of Chapter 149, Subdivision and Land Development. Provision for the maintenance of any private streets shall be an essential part of the plan for development. The Township may, but is not required to, accept dedication of the streets within the integrated townhouse development for public use. It may require the posting of security in an amount and form satisfactory to it for the construction of such streets, as set forth in Chapter 149, Subdivision and Land Development.
[2]
Parking requirements.
[a]
Except where part of a shared parking arrangement authorized under the terms of Article XVII, all required off-street parking shall be developed within the boundaries of the townhouse development tract.
[b]
Parking for each dwelling unit
shall be provided either at the rear of the unit or shall be grouped
into one or more parking areas serving a number of dwelling units.
Individual curb cuts shall be permitted only for access to garages
contained in units. Other front yard parking and individual curb cuts
at the street line for access to parking shall be discouraged.
[c]
Provisions for pedestrian circulation
paths from the parking lot(s) to the buildings shall be provided.
These paths shall be constructed of an all-weather surface.
[d]
No parking space shall be more
than 250 feet from an entrance to the building it serves.
(3)
Supplementary project facilities.
(a)
Swimming pools and other recreational areas
shall be located so as not to interfere with the residential character
of adjacent dwelling units.
(b)
All buildings within the integrated townhouse
development shall be served by an off-site sewage disposal system
and an off-site water supply. All utilities shall be underground within
the development. As-built plans for all utilities shall be submitted
to the Township.
(c)
Refuse stations must be designed with suitable
screening, must be surrounded by a masonry enclosure on three sides,
placed in locations convenient for collection and removal, and not
be offensive to the occupants of adjacent dwelling units.
A.
Use regulations.
(1)
Permitted uses. Within a small-lot single-family
detached development a building may be erected or used and a lot may
be used or occupied for the following purposes and no other:
B.
Standards for development. The following standards
shall govern the design and development of a small-lot single-family
detached development:
(1)
Site conditions.
(a)
To be eligible for use for a small-lot single-family
detached development, the proposed tract shall have an area of not
less than five acres.
[Amended 5-2-2005 by Ord. No. 2005-4]
(b)
All dwellings within the small-lot single-family
detached development shall be served by an off-site sewage disposal
system and an off-site water supply.
(c)
The natural features/resource protection standards set forth in § 170-1003B(1)(b) of this chapter shall apply to a small-lot single-family detached development.
(2)
Area, bulk and density regulations.
(a)
Density. The maximum density shall not exceed one dwelling unit per 10,000 square feet of tract area, as established by § 170-1519 of this chapter.
(b)
Lot area. No dwelling unit shall be constructed
upon a lot containing less than 3,000 square feet.
(c)
Lot width at building line. No lot shall be
less than 40 feet in width at the building line.
(d)
Perimeter setback. All buildings within a small-lot
single-family detached development shall be set back from the right-of-way
line of any street abutting the development on its perimeter, any
tract boundary, or from the zoning district boundary separating the
Multi-Use District from any other zoning district a distance of not
less than 30 feet.
[Amended 10-17-1994 by Ord. No. 94-5]
(e)
Front yard setbacks. Front yard setbacks shall
be no less than 30 feet, measured from the center line of the adjacent
street, and shall be no less than 20 feet measured from the inside
curbline or edge of the cartway of the adjacent street, whichever
is greater.
(f)
Rear yard setbacks. Rear yard setbacks shall
be no less than 10 feet, measured from the abutting property line,
or the edge of the paved shoulder or cartway of any service street
as applicable.
(g)
Side yards. Side yards shall total not less
than 18 feet aggregate. Individual side yards may be reduced to five
feet.
(h)
Distance between buildings. Not less than 15
feet shall separate any buildings.
(i)
Height. Building height shall be limited to
two stories and shall not exceed 30 feet.
[Amended 5-1-1995 by Ord. No. 95-2]
(j)
Floor area ratio. For purposes of this section,
the floor area ratio (FAR) shall be calculated excluding uninhabitable
basement area and shall not exceed 50%.
(k)
Maximum impervious lot coverage. Not more than
50% of the area of the lot shall be covered by impervious surfaces.
[Amended 3-3-2003 by Ord. No. 2003-2]
(l)
Tract coverage. Not more than 25% of the area
of the tract shall be covered by impervious surfaces.
(3)
Design standards.
(a)
Access and traffic control. Routes for vehicular and pedestrian access and parking shall be designed and situated so as to create no nuisances or detractions from privacy. Pedestrian circulation paths shall be constructed of an all-weather surface. Design of the site shall comply further with the standards in §§ 170-1510, 170-1511, 170-1512, and 170-1513 of this chapter.
(b)
Streets. Streets within a small-lot single-family detached development shall be designed in accordance with the terms of Chapter 149, Subdivision and Land Development. Where off-street parking is provided directly abutting a public or private street, such street shall be no less than 24 feet in cartway width exclusive of any area devoted to parking. Private streets including service streets may be permitted to improve circulation, upon the recommendation of the Township Engineer. Provision for the maintenance of any private streets, as required by § 149-408B of Chapter 149, Subdivision and Land Development, shall be an essential part of the plan for development. The Township may, but is not required to, accept dedication of any or all of the streets within the small-lot single-family detached development for public use. The Township may require the posting of security in an amount and form satisfactory to it for the construction of such streets, as set forth in Chapter 149, Subdivision and Land Development.
(c)
Parking requirements. All required off-street parking shall be developed within the boundaries of the small-lot single-family detached development tract. Upon the recommendation of the Township Engineer, the Township may permit the use of parallel parking along service streets and/or common parking areas within the bounds of the development in calculating compliance with the total number of parking spaces required as per § 170-1705 of this chapter. In a small-lot single-family detached development required off-street parking may be provided directly abutting a public or private street.
(4)
(5)
Supplementary project facilities.
(a)
Where provided, swimming pools and other recreational
areas shall be located so as not to interfere with the residential
character of adjacent dwelling units.
(b)
All utilities shall be underground within the
development. As-built plans for all utilities shall be submitted to
the Township.
(c)
Where utilized, refuse stations must be designed
with suitable screening, must be surrounded by a masonry enclosure
on three sides, placed in locations convenient for collection and
removal, and not be offensive to the occupants of adjacent dwelling
units.
(6)
Homeowners' association. Where not accepted for public dedication by the Township, any common facility or open space or private street, service street, or parking area shall be under the ownership, management and maintenance of a homeowners' association in compliance with the requirements of § 170-907B of this chapter. Homeowners' association documentation satisfactory to the Township Solicitor shall be submitted to the Township prior to plan approval.
[Added 3-3-2003 by Ord. No. 2003-2]
The following regulations shall apply for special exception uses allowed by § 170-1001B(2) through (6):
A.
Minimum lot area: three acres.
B.
Maximum building coverage: 30%.
C.
Maximum impervious coverage: 50%.
D.
Minimum side yard: 75 feet, except 50 feet where a
contiguous lot is occupied by a principal nonresidential use.
E.
Minimum building setback line from a future street
right-of-way: 50 feet.
F.
Minimum rear yard: 75 feet.
G.
Minimum building setback and minimum truck loading/unloading
area setback from the lot line of an existing dwelling: 150 feet,
which shall include a 75 feet minimum width landscaped buffer yard
adjoining any such lot line.
H.
Minimum lot width at minimum building setback line:
200 feet.
I.
Minimum lot width at street future right-of-way line:
150 feet.
J.
Maximum building height: two stories or 38 feet, whichever
is most restrictive.
K.
Any new or expanded industrial uses approved after
the adoption of this section shall occur within a completely enclosed
building. Any new or expanded outdoor storage or overnight parking
of tractor-trailer trucks shall be screened by landscaping from view
from dwellings and public streets.
