In R-3 Residence Districts, there are numerous regulations and
definitions within this chapter that will apply, including but not
limited to such things as corner lots, accessory buildings, swimming
pools, fences and many others. The requirements of this chapter and
all other rules and regulations incorporated herein apply to each
of the zoning districts. Please review the definitions and Table of
Contents to investigate any other potential application of this
chapter to your specific issue. In addition to these other requirements,
the following regulations apply to this zoning district:
A. Permitted uses. A building may be erected or used and a lot may be
used or occupied for any of the following purposes and no other:
(1) Any use permitted in R-2 Residence Districts.
(2) The open space option, in accordance with Articles
IV and XXA of this chapter.
[Added 8-14-1995 by Ord.
No. 1995-6]
B. Frontage and area regulations.
[Amended 1-7-1991 by Ord.
No. 1991-1]
(1) Lot area and frontage. A lot area of not less than 12,000 square feet shall be provided for every building hereafter erected or used, in whole or in part, as a dwelling. Such lot shall have a frontage of at least 80 feet. See also §§
172-107,
172-110 and
172-112.
(2) Contiguous buildable lot area. The minimum contiguous lot area shall
consist of not less than 6,000 square feet.
(3) Building area. Building area shall not exceed 20% of the lot area.
(4) Impervious surface shall not exceed 40%.
(5) Front yard. There shall be a front yard on each street on which a lot abuts which shall be not less than 45 feet in depth. See also §§
172-107,
172-110 and
172-112.
(6) Side yard. There shall be two side yards which shall not be less than 35 feet in aggregate width, and neither of which shall be less than 15 feet in width. See also §§
172-107 and
172-109.
(7) Rear yard. There shall be a rear yard on each lot which shall not
be less than 25 feet in depth.
(8) Driveways and/or parking spaces shall be no closer than five feet
from any property line.
(9) Building height shall be no more than 35 feet, as measured in accordance with Article
I, §
172-2, Definitions, and shall be constructed not to exceed 2 1/2 stories because of density in the R-3 District.
[Added 5-24-2010 by Ord. No. 2010-03]
C. Regulations for nonresidential uses in residential districts.
[Added 9-11-2000 by Ord.
No. 2000-4]
(1) General regulations.
(a)
A fifty-foot special or primary buffer shall be installed between any proposed nonresidential use and a residential use or zoning district. The buffer shall conform to the requirements of §
104-14D of Chapter
104, Natural Features and Landscaping, of the Code of the Township of Newtown.
(b)
The maximum impervious area permitted is 50% of the lot area,
exclusive of the road rights-of-way.
(2) Parking lot paving setback.
(a)
There shall be no parking or paving permitted in the required
front yard except to provide an access drive to the site.
(b)
There shall be no parking or paving permitted from the lot line
to 1/2 the distance to the nearest building in the required side or
rear yard.
D. An existing building may be used as a cellular communications facility
by conditional use.
(1) Purposes. Purposes shall be as follows:
(a)
To further accommodate the need for cellular communications
antennas while regulating their location in the Township.
(b)
To minimize adverse visual effects of cellular communications
antennas through proper design, citing and vegetative screening for
equipment shelters.
(c)
To encourage the joint use of any new cellular communications
facility so as to reduce the number of such facilities needed in the
future.
(d)
To protect the safety and welfare of residents of Newtown Township.
(2) Use regulations.
(a)
A wireless communications facility is permitted on an existing
building by conditional use in an R-3 Residence District, subject
to the restrictions set forth in this chapter.
(b)
In addition to the notice requirements for a conditional use hearing provided in Chapter
172, Article
IV, the Board of Supervisors shall also mail a notice of the conditional use hearing, at the applicant's expense, to all property owners within 500 feet of the proposed antenna structure, provided that failure to receive notice required by this subsection shall not invalidate any action taken by the Board.
(c)
Business offices, maintenance depots, and vehicle storage buildings
are prohibited from the site of a wireless communications facility,
except for accompanying equipment shelters needed for the operation
of the cellular communications facility.
(3) Additional standards of approval of conditional use.
(a)
The wireless communications company is required to demonstrate,
using technological evidence, that the proposed height of the antenna
is the minimum height necessary to fill a gap in service.
(b)
Antenna height. Communications antennas attached to an existing
building shall be permitted to exceed the height of the existing building
roofline by no more than 20 feet.
(c)
The applicant shall demonstrate that the proposed antenna is
structurally sound.
(d)
Any applicant proposing communications antennas to be mounted
on a building shall submit evidence from a Pennsylvania-registered
professional engineer certifying that the proposed installation will
not exceed the structural capacity of the building, considering wind
and other loads associated with the antennas location.
(e)
Any applicant proposing communications antennas to be mounted
on a building shall submit detailed construction and elevation drawings
indicating how the antennas will be mounted on the structure for review
by the Township for compliance with the Newtown Township Building
Code and other applicable laws.
(f)
Wireless communications facilities shall comply with all applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation. The applicant shall submit
an annual report to the Township confirming that the applicant's antenna
facility is operating within the FCC guidelines.
(g)
Communications antennas shall not cause radio frequency interference
with other communications facilities located in the Township that
are regulated by the FCC.
(4) Landscaping. Landscaping shall be required to screen as much as possible
of any equipment storage facility in order to soften the appearance
of any equipment storage facility. The Township may permit any combination
of existing vegetation, topography, walls, decorative fences, or other
features, instead of landscaping, if they achieve the same degree
of screening as the required landscaping. When an antenna is mounted
on an existing structure, and other equipment is housed inside an
existing structure, landscaping shall not be required. However, existing
vegetation on and around the site shall be preserved to the greatest
extent possible.
(5) The wireless communications company must demonstrate that it is licensed
by the Federal Communications Commission to operate the wireless communications
facility for which application is sought and must provide the Township
annually with documentation that it continues to be so licensed. The
wireless communications company shall submit, upon application, a
copy of its current Federal Communications Commission license, the
name, address and emergency telephone number for the operator of the
communications support structure and a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the specific wireless communications facility
for which the application if filed.
(6) A full site plan shall be required for all wireless communications facilities, showing the antenna, antenna support structure, building, landscaping and all other requirements for Chapter
148, Subdivision and Land Development.
(7) When proposing to mount a wireless communications facility on a building,
the applicant shall submit evidence of agreements and/or easements
necessary to provide access to the building on which the antennas
are to be mounted so that installation and maintenance of the facility
can be accomplished.
(8) All antennas shall not exceed 20 feet in height and seven inches
in diameter.
(9) Building-mounted cellular communications antennas shall not be located
on any pole or any building used as a single-family dwelling, two-family
dwelling, multifamily dwelling, buildings used as active primary and
secondary educational facilities at the time of adoption of this chapter
or any accessory building.
(10)
All other types of cellular communications facilities are prohibited
except antennas mounted on buildings as aforesaid described, and such
buildings shall not include structures, the primary purpose of which
is to enhance the structures or place the communications facilities
on them.