This article establishes specific controls for uses which require
special design considerations to achieve compatibility with the general
character of the uses permitted within a zoning district. The following
regulations shall apply to all zoning districts for which the particular
use being regulated is permitted. The provisions of this article shall
be in addition to the standards established by the applicable zoning
district.
When authorized by Council as a conditional use, a residential subdivision and its individual lots and uses may be developed using the standards in this section instead of those in §§
400-24 and
400-25 which relate to the same subject. Where this section does not provide a specific standard, the other standards and regulations of this chapter shall remain in effect and be applied to the development as well as the individual lots and uses. A subdivision developed pursuant to this section is referred to as "cluster development."
A. Prerequisites for cluster development option. In order to use the
standards of this section, a proposed development must meet the following
conditions:
(1) The area of the tract to be developed must contain a minimum of 15
acres.
(2) The proposed development must be served by public water and sewer.
B. Uses. In a cluster development, only the following uses are permitted:
(1) Principal uses.
(a)
Single-family detached dwelling.
(b)
Common open space uses authorized by §
400-85D.
C. Density and area and bulk requirements.
(1) The overall density (i.e., the total number of acres in the tract
to be developed minus the total area in public rights-of-way, utility
easements, stormwater retention facilities and drainage easements,
divided by the total number of dwelling units) of the cluster development
shall be a minimum of 18,100 square feet per dwelling unit. A subdivided
lot shall be provided for each dwelling unit.
(2) Following are the minimum requirements for lot area and the placement
of structures on lots:
(a)
Lot size: 16,000 square feet.
(b)
Lot width at building line: 100 feet.
(c)
Lot width at street line: 50 feet.
(d)
Building setback line: 35 feet.
(e)
Front yard: 35 feet in depth.
(f)
Side yards: each residential lot shall have two side yards with
no side yard having less than 20 feet in depth and the aggregate depth
of both side yards shall be a minimum of 45 feet.
(g)
Rear yard: 35 feet in depth.
(h)
Corner lot yards: each yard abutting a street shall be 35 feet
in depth; the other yards shall be treated as side yards.
E. Design standards.
(1) Each single-family detached dwelling within a cluster development
shall have a minimum of 1,700 square feet of living area, three bedrooms,
a full basement and a fully enclosed two car garage on the lot. For
purposes of this regulation, "living area" shall not include garages,
porches or basements, whether finished or not. However, any area counted
as living area must be finished. "Finished" means that the area is
floored, framed, all wall surfaces (e.g., dry wall) are complete and
electric and heat are functional and comply with applicable building
code requirements. A bedroom which is not finished may not be counted
toward the minimum bedroom requirement.
(2) All utilities shall be placed underground.
(3) The conditional use application shall include a landscaping plan
prepared by a registered landscape architect. This plan shall include
model landscaping plans for the individual lots, as well as an overall
design plan for required common open spaces and buffer areas. The
developer shall provide any landscaping for individual lots according
to the approved overall landscaping plan and individual lot models.
Streetlights and all proposed signage shall be shown on the landscape
plan. The plan shall also identify all significant stands of mature
trees.
(4) The requirements of §
400-74 of this chapter may be reduced only with respect to the minimum driveway location requirement for residential lots. Private driveways may be located not less than 40 feet from any intersection of two streets, which distance shall be measured from the nearest intersection of the street lines.
The following standards shall apply to all day care facilities
(home occupations: home child day care, family child day-care home,
group child day-care home) and child day-care center (commercial day
care) where permitted by this chapter:
A. Operators are responsible for obtaining and complying with all pertinent
approval and license requirements from appropriate state, county,
and other agencies including but not limited to the Pennsylvania Department
of Human Services or Department of Aging, and compliance with applicable
building, fire, UCC and other applicable code requirements. The applicant
shall have received and hold all pertinent approvals and licenses
and shall provide evidence thereof prior to issuing of a zoning permit
by the Zoning Officer.
B. The minimum lot size for any day-care facility shall be based upon
fulfilling the requirements of this section, accommodating required
off-street parking, and buffering/landscaping requirements, but in
no case shall be less than the applicable minimum lot size of the
zoning district in which the facility is located.
C. Minimum indoor areas and outdoor play area requirements per child
shall meet the most current Pennsylvania Department of Human Services
requirements, and the applicant shall submit proof to the Borough,
prior to the issuing of permits, that these requirements have been
met. In addition, an outdoor recreation area, where applicable, shall
be in accordance with the following:
(1) The outdoor recreation area shall be located to the rear or side
of the building and shall not include driveways, parking areas, land
used for other purposes, or unsuited for active recreation due to
natural conditions.
(2) The outdoor recreation area shall be enclosed by a fence suitable
to restrict attendees to the play area, and fencing shall be a minimum
of five feet in height and meet all other applicable requirements
of the UCC in conjunction with the Pennsylvania Department of Human
Services.
(3) The outdoor recreation shall be on the same lot as the principal
structure and fully controlled by the operator of the facility.
(4) Outside play shall be limited to the hours of daylight.
D. Parking and dropoff area requirements for child day-care center (commercial
day care).
(1) Off-street parking shall be provided in accordance with Article
XVII and shall be so designed to prevent interference with traffic flow on any adjacent roadways. In addition, appropriate areas designed specifically for temporary parking and dropping off of patrons may be provided in addition to and separate from off-street parking spaces in accordance with this section.
(2) Dropoff areas shall be designed to eliminate the need for patrons
to cross traffic lanes within or adjacent to the site and shall not
be provided within parking aisles or lanes.
(3) Dropoff areas shall be separate from required off-street parking
spaces or aisles and shall be designated and maintained for the discharge
and collection of attendees associated with the day-care use.
(4) Dropoff areas shall be marked by appropriate signs, pavement markings,
or text.
The following standards shall apply to public and private schools:
A. Minimum lot area: two acres.
B. Minimum lot width: 100 feet.
C. Maximum impervious surface coverage: 50%.
D. Outdoor play areas shall be located in the rear or side yards at a minimum of 10 feet from side yards and rear property lines. Outdoor play areas shall be screened from adjacent uses in accordance with §
400-73.
E. All proposed areas designated for the loading or unloading school
buses shall be planned and arranged so they may be utilized without
interfering with the interior traffic circulation and parking facilities.
F. Accessory uses shall be permitted as follows. The following accessory
support uses shall be permitted for any school only when specifically
for the use of the students, guests, or employees of the facility:
(1) Indoor and outdoor recreational facilities including but not limited
to auditoriums, activity rooms, craft rooms, libraries, lounges, walking
trails, tennis courts, pools, sitting area, picnic areas, and pavilions
or shelters.
(2) Kitchen and dining facilities.
(3) Office or facilities that serve directly the facility, including
but not limited to school medical offices or treatment centers, ATM
machine, school counselors.
(4) Child day-care center for the use of employees of the associated use in accordance with §
400-87.
Where a combination of uses, such as a dwelling above or to
the rear of a nonresidential use, an office above a commercial use,
or anywhere two or more uses are permitted within the same structure,
is proposed upon a single lot or within a single building, each of
those uses shall be required to meet the following criteria:
A. Only those uses permitted in the district in which the mixed use is located shall be permitted. Where three or more dwelling units are created, the provisions of §
400-97 shall apply.
B. A minimum of one improved, all-weather off-street parking space per bedroom of any residential use shall be provided and maintained for the exclusive use of the residents, otherwise, the off-street parking requirements of this chapter shall be met in accordance with Article
XVII. Parking requirements shall be calculated for each use, but may be designed within a common or interconnected parking lot, or as otherwise provided by this chapter.
C. Where a dwelling is proposed above or to the rear of a nonresidential
use, the following requirements shall apply:
(1) Separate kitchen and bathroom facilities shall be provided per unit.
All applicable Borough Building Code and Chester County Health Department regulations and permit
requirements regarding the installation of these facilities shall
be met and indicated on all plans. Approval from all applicable agencies
is necessary prior to issuance of a building permit by the Borough.
Trash receptacles shall be screened so as not to be visible from the
street or abutting properties except on scheduled days for trash pickup.
(2) Each dwelling unit shall contain a minimum of 850 square feet of
living area.
(3) Primary access to a dwelling shall not be from the nonresidential
use. Each dwelling unit shall have either direct access to the outdoors
or to a common area that has direct access to the outdoors.
(4) Site and floor plans for the dwelling unit(s) shall be included with
the application for such use, including both exterior and interior
building alterations for an existing building, if applicable, and
the location of fire exits and fire escapes in accordance with building
and fire code requirements.
The following requirements shall apply to mobile (manufactured)
home parks:
A. A mobile (manufactured) home park shall be developed and approved in accordance with regulations as set forth herein and in accordance with Chapter
350, Subdivision and Land Development.
B. Area and bulk requirements:
(1) Minimum tract area: five acres.
(2) Minimum tract width at street line: 100 feet.
(3) Minimum mobile home site: 7,500 square feet.
(4) Minimum mobile home site width: 65 feet.
C. Maximum gross density: five mobile homes/acre.
D. Setback requirements.
(1) Mobile (manufactured) home lot setbacks:
(a)
The minimum distance from any lot line for a mobile home lot
shall be 35 feet from an exterior and/or public street right-of-way
or exterior boundary of the lot or tract for the mobile home park.
(b)
Side yard setback: 10 feet.
(c)
Rear yard setback: 10 feet.
(2) Mobile (manufactured) home setback:
(a)
From the cartway line of a park street: 20 feet.
(b)
From another mobile home: 25 feet.
(3) Accessory use setbacks:
(a)
Accessory uses shall be permitted within the side or rear yard.
(b)
Detached accessory structures shall be a minimum of five feet
from a mobile (manufactured) home and any lot line.
E. Utilities.
(1) Provision for public water and sewer shall be required for all mobile
home parks.
(2) All utilities shall be located underground (water, sewer, electric,
gas, etc.).
F. Mobile home parks are explicitly prohibited within floodplain areas in accordance with the flood hazard regulations in Article
XV of this chapter.
The following uses shall be permitted accessory uses to a place
of worship and shall be conducted upon the same lot:
A. Accessory uses permitted by right:
(1)
Administrative and counseling offices.
(2)
Related recreational facilities, including but not limited to
playgrounds, ball fields or courts (basketball, volleyball).
B. Accessory uses permitted when approved as a conditional use:
(1)
Child day-care centers in accordance with §
400-87.
(2)
Preschools or kindergartens.
In any district, up to four domesticated animals over six months
in age may be kept as pets provided that any shelter is located in
the rear yard a minimum of 10 feet from any lot line and not less
than 50 feet from any dwelling other than that of their owner. Exercise
areas shall be enclosed and located in the rear yard a minimum of
10 feet from any lot line, except where an approved fence is present
that fully encloses the exercise area.
Within the R-4 District, the conversion of an existing single-family
dwelling into a multifamily dwelling may be permitted by conditional
use in addition to the following requirements:
A. A single-family detached dwelling existing at the effective date
of this chapter may be converted from one dwelling unit into not more
than three dwelling units.
B. Each dwelling unit shall contain a minimum of 850 square feet of
living area.
C. The building and lot shall meet or exceed the required minimum area
and bulk requirements specified for single-family detached dwellings
in the district in which it is located.
D. Separate kitchen and bathroom facilities shall be provided per unit.
All applicable Borough Building Code and Chester County Health Department
regulations and permits requirements regarding the installation of
these facilities shall be met and indicated on all plans. Approval
from all applicable agencies is necessary prior to issuance of a building
permit by the Borough.
E. A floor plan shall be included with any application for a residential
conversion indicating interior modifications to the building.
F. There shall be no external alteration of the building, except as
may be necessary for reasons of safety and access.
G. The structure shall maintain the facade and appearance of a detached
dwelling with a single front entrance. The dwelling units may share
the single front entrance.
H. Additional entrances, when required, shall be placed on the side
or rear of the building. Exterior stairways and fire escapes shall
be located on the rear wall in preference to either side wall, and
in no case be located on a front or side wall facing a street.
I. With the exception of improvements relating to safety and access as identified in Subsections
G and
H above, there shall be no major structural change to the exterior of the building in connection with the conversion.
J. Parking. A minimum of one all-weather off-street parking space shall
be required for each additional bedroom created as part of the residential
conversion. All parking areas shall meet the following standards:
(1)
Flexibility in location and construction of required parking.
Off-street parking may, in some cases, be the only factor restricting
conversion. Where physically possible, all spaces should be provided
off-street. Where it is judged by Borough Council to be undesirable
to provide all required spaces off street and where on-street parking
is permitted, all or part of the required spaces may be met through
on-street parking where approved. In computing the amount of on-street
spaces available, 22 feet of usable lot frontage along a public street
where parking is permitted may be counted as one parking space.
(2)
All off-street parking spaces shall have unrestricted ingress
and egress to the street.
(3)
All newly constructed driveways and parking spaces shall be
set back a minimum of five feet from all property lines and shall
meet all size and other requirements of this chapter.
(4)
Every effort shall be made to locate parking spaces in the rear
or side yards. Front yard parking spaces are strongly discouraged.
If the front yard must be used, in no case shall more than 25% of
the front yard be used for parking spaces or driveways.
(5)
There shall be not more than one access point to the parking
area.
(6)
The development plan required to be filed by the applicant should
clearly set forth and label the total number of parking spaces required
and the number and area that will be placed in reserve as well as
show the physical layout and design.
(7)
The required off-street parking shall be screened from adjacent properties as applicable in accordance with §
400-73.