Township of West Hempfield, PA Area and Bulk Regulations

[Amended 4-6-2021 by Ord. No. 1-21]

The minimum restricted open space shall not be less than the following percentage of the gross acreage of the tract, as stipulated for the appropriate zoning district; designated restricted open space shall comply with all standards and criteria for restricted open space established in § 1206 below.

Zoning District	Minimum Restricted Open Space
RR Rural Residential District	60%
R-1 Residential District	45%
R-2 Residential District	35%
R-3 Residential District	25%

§ 1204.2 Permitted density calculation.

Except where additional density is obtained through purchase of transferable development rights in accordance with Article 1100, the maximum permissible number of lots or dwelling units on any tract utilizing the open space development option shall be calculated by multiplying the tract area, less existing public rights-of-way, by the multiplier stipulated for each zoning district as follows:

[Amended 6-2-2009 by Ord. No. 1-09]

Zoning District	Applicable Density Multiplier for Open Space Design Option without TDRs	Maximum Increase in Density with use of TDRs	Maximum Total Density under Open Space Design Option with TDRs
RR Rural Residential District	0.5 dwelling units/acre	Not available	Not available
R-1, R-2 & R-3 Residential Districts, without public sewer and water	1.0 dwelling units/acre	Not available	Not available
R-1 Residential District, with public sewer and water	1.5 dwelling units/acre	1.0 dwelling units/acre	2.5 dwelling units/acre
R-2 Residential District, with public sewer and water	1.75 dwelling units/acre	1.5 dwelling units/acre	3.25 dwelling units/acre
R-3 Residential District developed with multiple family and/or garden apartment units and/or continuing care retirement community, with public water and sewer	3.0 dwelling units/acre 7.5 dwelling units/acre if adaptive reuse of an existing building per § 1204.2A	3.0 dwelling units/acre	6.0 dwelling units/acre 10.5 dwelling units/acre if adaptive reuse of an existing building per § 1204.2A.

In the R-3 Residential District, with public sewer and water, where new quadraplex dwellings, multiple-family dwellings and/or garden apartments are provided, the multiplier may be increased to 3.0 dwelling units/acre on that portion of any tract devoted to such dwellings, and where buildings, other than single-family dwellings, existing on the effective date of this ordinance (January 2, 1989) are adaptively reused for multiple-family dwellings and/or garden apartments, the multiplier may be increased to 7.5 dwelling units/acre on that portion of any tract devoted to such dwellings.

(Reserved)[1]

[1]

Editor's Note: Former Subsection B, regarding the maximum number of lots utilizing the open space development option in the R Rural Agricultural District, was repealed 4-6-2021 by Ord. No. 1-21.

It is possible that various portions of any single tract may be planned for development in accordance with differing density options as provided above. In such event, the applicant shall demonstrate that appropriate land areas can be identified to separately apply to each density multiplier utilized. No land area used for calculation under any one option shall also be used for calculation under another option.

Applicant is advised that the maximum number of units calculated under the provisions herein, including potential bonus density, may not always be achievable while meeting requirements for minimum restricted open space and all other standards, criteria, and regulations herein.

§ 1204.3 Residential area and bulk regulations.

Under the open space design option, no minimum lot area is prescribed; rather, the following lot and yard area regulations shall apply to any principal residential structure or any other building; at the time of conditional use application, the applicant shall indicate for each permitted use, including potential accessory uses, the limits of the building envelope within which compliance with these provisions is feasible:

Minimum separation between buildings, except accessory buildings, at any point shall not be less than 20 feet, except that minimum separation shall not be less than 50 feet measured perpendicularly from the rear wall of any residential structure to any point on any other building not accessory to such residential structure.

Minimum separation between accessory buildings and any principal structures to which they are not accessory (i.e., any principal structure on any other lot) at any point shall comply with Subsection A above.

No exterior windows, doors, or other openings shall be permitted in any portion of any principal or accessory structure located less than five feet from any lot line.

Where any portion of any principal or accessory structure is located less than five feet from any lot line, a perpetual easement providing for maintenance of such structure, and measuring no less than five feet in width from the affected walls, shall be provided on the adjacent lot(s). This provision shall not apply to lot line(s) where separating two-family or multifamily dwelling units on the interior of the same principal structure.

Minimum setback from the edge of cartway (or outside edge of curb, if applicable) of any street shall be not less than 25 feet, except as provided under Subsection F below.

All proposed dwelling units in a development utilizing the open space design option shall be situated so that they are set back a minimum distance from the predevelopment perimeter boundary of the tract equal to the applicable minimum yard dimension under the base zoning district provisions. Existing dwellings and dwellings resulting from the conversion of existing structures shall be exempt from this requirement except that additions to such existing structures shall not further reduce required setbacks.

Maximum length of any residential building, including rows of attached townhouses or other multifamily buildings, shall not exceed 160 feet. Residential buildings other than single-family detached and two-family detached dwelling units shall comply with the architectural design provisions of § 1205.2.

Maximum depth of any section of any residential building shall not exceed 75 feet.

Maximum building height: three stories or 35 feet, exclusive of basements, whichever is less.

Maximum impervious coverage. Maximum impervious coverage limitations shall be established for each building lot and open space parcel in accordance with the following schedule:

Lots or parcels less than 10,000 square feet in area: 45%.

Lots or parcels greater than or equal to 10,000 square feet and less than 20,000 square feet in area: 35%.

Lots or parcels greater than or equal to 20,000 square feet and less than one acre in area: 25%.

Lots or parcels greater than or equal to one acre and less than five acres in area: 20%.

Lots or parcels greater than or equal to five acres and less than 20 acres in area: 15%.

Lots or parcels greater than 20 acres in area: 10%.

While conformance to these area and bulk regulations is not dependent upon any specific minimum lot area or dimensions, in the course of conditional use approval, the applicant shall be required to demonstrate to the satisfaction of the Board of Supervisors that any lots established under the provisions of this section are of appropriate size and shape relative to the following:

Establishment of suitable private yard areas for all residences;

Management of any adjacent open space areas.

Maximum length of residential buildings, maximum depth of residential buildings and maximum building height as set forth in § 1204.3 shall not apply to any building existing on the effective date of this ordinance (January 2, 1989) which is being adaptively reused as set forth in § 1204.2A and 1204.2B.

[Added 6-2-2009 by Ord. No. 1-09; amended 7-1-2008 by Ord. No. 6-08]

The Board of Supervisors may, by conditional use approval, permit the modification of any of the standards set forth in this article in order to encourage the use of the transferable development rights and the use of innovative design. A developer desiring to obtain such conditional use approval shall, when making application for conditional use approval for the open space design option, also make application for conditional use approval under this subsection. The Board of Supervisors shall consider both conditional use approval requests simultaneously. Any conditional use to permit a modification of any of the standards of this article shall be subject to the following criteria:

The design and improvement of lots or open space which shall contain modified standards shall be in harmony with the design and improvement of other lots or open space within the proposed development and shall not, through the use of the modified standards, be obviously different from, or inferior to, other lots within the proposed development.

The use of modified standards shall not result in configurations of lots or street systems which shall be impractical or detract from the appearance of the proposed development.

The proposed modified standards shall not result in any danger to the public health, safety or welfare by making access to dwellings by emergency vehicles more difficult, by depriving adjoining properties of adequate light and air or by violation the other purposes for which zoning ordinances are to be enacted under Section 604(1) of the MPC.

Landscaping and other methods shall be used to insure the privacy of the future residents of the dwellings and to attain the proposed use of the open space.