A.
In addition to the general goals listed in the statements of § 390-3, Purpose, and § 390-4, Community development objectives, it is the purpose of this district to encourage the continuation of the traditional land use patterns in the early village setting of Kimberton, allowing a reasonable level of development to occur while preserving those areas which characterize the unique heritage of the area; and to provide for medium- and high-density residential development which is compatible with existing residential development in areas of the Township which contain environmental features generally suitable for such development, high groundwater yields, and accessible to transportation systems and community facilities appropriate for such development. In addition, this district is designed to provide additional flexibility and opportunity for accommodating multifamily housing needs on a smaller scale than what has been provided for in the PRD Planned Residential Development District.
B.
This purpose is to be achieved by employing the following techniques,
as permitted by Section 605 of Act 247,[1] the Pennsylvania Municipalities Planning Code, to ensure
that proposed designs for infill development and development on the
fringe of the village are compatible with the planning goals for this
area.
(1)
Encourage a compact form of development by allowing lot design alternatives,
as permitted by Sections 503(5) and 603(c)(5) of Act 247,[2] which permit the concentration of land use on certain
portions of the tract while leaving other portions open so as to promote
designs compatible with the village.
[2]
Editor's Note: See 53 P.S. §§ 10503(5) and
10603(c)(5).
(4)
Establish a viable network of greenway land areas that complement
the land use pattern of the village and promote pedestrian circulation
to reinforce the community character and decrease reliance on the
automobile. These greenway land components should link the village
with surrounding areas, including existing recreational facilities,
and correspond to the recommendations of the Township Open Space and
Recreation Plan.
(5)
Define landscaping, circulation, parking, signage and community facility/services
standards that are unique to the village setting and are compatible
with its particular design requirements.
(6)
Ensure that new development is compatible with the availability of
essential services or facilities, as required by Section 604(1) of
Act 247, and that new demands as required by the project are adequately
addressed.
(7)
To encourage the continued agricultural uses in surrounding areas
in keeping with the traditional village pattern of land use and the
goal to preserve farming as an important land use and economic activity,
as provided by Section 604(3) of Act 247.
(8)
Provide opportunities for the creation of a variety of residential
dwelling types in keeping with the character, scale, and architecture
of the traditional village setting, in accordance with Section 604(5)
of Act 247.
[1]
Editor's Note: See 53 P.S. § 10605.
C.
In the RM Residential Mix District, the following regulations shall
apply.
A.
Uses by right. A building may be erected, altered or used, and a
lot or premises may be used by right for any one of the following
uses and no other:
(1)
Single-family detached dwelling, single-family semidetached dwelling.
(2)
Woodland preserve, game preserve, wildlife sanctuary or other conservation
use.
(3)
Passive agricultural uses.
(4)
Breeding or raising of animals (excluding the raising of pigs, which is expressly prohibited), provided that the minimum area of the tract on which the use is conducted shall not be less than 10 acres and shall be subject to the provisions of § 390-163.
(6)
Low-intensity recreation use area.
(7)
Municipal building or use.
(8)
Bed-and-breakfast use, provided that:
(a)
One improved off-street parking space per guest bedroom shall
be provided;
(b)
The bed-and-breakfast shall be occupied by the owner and operator
thereof;
(c)
The principal building on the lot shall be a historic resource
and shall be an integral component of the bed-and-breakfast; and
(d)
Non-host bed-and-breakfast uses shall be permitted on properties
not containing a historic resource, provided that the rental period
shall not exceed 15 consecutive days and the number of overnight guest
stays shall not exceed 60 nights per year. The owner shall also register
with the Township prior to commencement of the use and on or before
the end of January of each calendar year, providing the owner's name,
the type of bed-and-breakfast use, the number of guest rooms, the
number of guest bedrooms, the number of rental nights in the prior
year, and the emergency contact information of the property owner.
B.
Uses by special exception. Any of the following uses may be permitted as a special exception when authorized by the Zoning Hearing Board, subject to the standards contained herein and § 390-228 of this chapter:[2]
(2)
Municipal or public uses; governmental or public utility building
or use; not to include business facilities, storage of materials,
trucking or repair facilities, the housing of repair crews, private
or municipal landfills.
(3)
Combination of two or more residential dwelling types on the same
tract, provided that the minimum tract size is not less than 25 acres.
(4)
Medium-intensity recreation use area, including private clubs for
swimming, golf, horseback riding, tennis or other racquet sports,
provided that:
(a)
The minimum tract size is not less than 10 acres;
(b)
Each structure or building shall be clearly incidental to the
outdoor use;
(c)
Any club or lodge building and its services shall be for the
use of members and their guests only;
(d)
No commercial activity or use such as a high-intensity recreation
use, amusement park, recreational vehicle campground, driving range,
pitch and putt, or miniature golf course, and similar uses customarily
carried on as a business shall be permitted; and
(e)
All activities shall occur and be confined to property owned
by the club.
[2]
Editor's Note: Former Subsection B(1), which permitted two-family
and multifamily residential building types, was repealed 3-20-2023 by Ord. No. 204. This ordinance also redesignated former Subsection A(2)
through (7) as Subsection A(1) through (6).
C.
Accessory uses. The following accessory uses shall be permitted,
provided that they are incidental to any of the foregoing permitted
uses:
A.
Lot area.
(1)
Single-family dwelling or nonresidential uses. Every lot containing
a single-family dwelling or nonresidential use shall have an area
of not less than 20,000 square feet, provided that, in the case of
an interior lot, any right-of-way or accessway connecting such lot
to a road or street shall be in addition to the minimum lot area of
20,000 square feet.
(2)
Two-family dwelling (duplex or twin dwelling). Every lot containing
a twin or duplex dwelling shall have a lot area of not less than 15,000
square feet per dwelling unit, provided that, in the case of an interior
lot, any right-of-way or accessway connecting such lot to a road or
street shall be in addition to the minimum lot area of 15,000 square
feet per dwelling unit.
(3)
Multifamily dwelling (including but not limited to townhouses, apartments
and quadruplex units). Every lot or tract containing a multifamily
residence shall meet the following specifications:
(a)
The minimum tract size for multifamily dwellings shall not have
a lot area less than 15 acres.
(b)
The gross density for development of multifamily dwellings shall
not exceed five dwelling units per acre.
(c)
The net density for development shall not exceed seven dwelling
units per acre.
(d)
No unit shall be less than 20 feet in width.
B.
Lot width.
(1)
Single-family dwelling or nonresidential use. Every lot containing
a single-family dwelling or nonresidential use shall not be less than
100 feet in average width, with 35 feet minimum width at the street
line or, in the case of an interior lot, the front lot line.
(2)
Two-family dwelling. Every lot containing a twin or duplex dwelling
shall have an average aggregate lot width for two dwelling units of
125 feet, with 50 feet minimum aggregate width at the street line
or, in the case of an interior lot, the front lot line.
(3)
Multifamily dwellings. Every tract containing multifamily dwellings
shall not be less than 300 feet in width at the building setback line.
C.
Front yard. There shall be a front yard of not less than 75 feet
from the building setback line to the street line or, in the case
of an interior lot, the front lot line.
D.
Side yards.
(1)
For every single-family or two-family dwelling, there shall be two
side yards not less than 35 feet in aggregate width and neither of
which shall be less than 15 feet in width.
(2)
For every principal building other than a dwelling, there shall be
two side yards, neither of which shall be less than 35 feet in width.
(3)
For multifamily dwellings there shall be two side yards, neither
of which shall be less than 50 feet in width.
E.
Rear yard. There shall be a rear yard on each lot, which shall be not less than 30 feet in depth, unless the lot is a reverse-frontage lot; in which case, the requirements of § 390-136D of this chapter shall apply.
F.
Lot coverage. Not more than 40% of the adjusted tract acreage may
be occupied by buildings, structures or other impervious coverage.
This calculation of lot coverage shall not include impervious coverage
attributable to public sidewalks or driveways serving the lot (the
scope of such exclusion to include shared driveways but to exclude
discrete parking areas other than those directly in front of an approved
garage).
H.
Maximum height regulations. The maximum height of buildings and other
structures erected or enlarged in this district shall be as follows:
A.
Water and sewer service. All developments shall submit information
as required by the Board of Supervisors verifying that adequate and
safe water and sewer facilities are available to service the proposed
development without causing adverse environmental damage or negatively
affecting adjacent property owners.
B.
Greenway land.
(1)
Not less than 50% of the gross lot area shall be designated as and
used exclusively for greenway land.
(2)
No more than 25% of the area designated for greenway land shall have
environmental limitations such as floodplains, steep slopes (in excess
of 25%), or wetlands.
(3)
A maximum of 25% of the greenway land is permitted to be used for
individual on-lot disposal systems, stormwater facilities, community
sewage treatment/storage lagoons, and nonelevated community sewage
absorption areas.
(4)
Portions of the tract which comprise the village fringe shall be composed of greenway land. The width of the village fringe greenway land shall be at least 200 feet. This minimum buffer requirement may be waived by the Board of Supervisors if topography, new or existing vegetative screening meeting the requirements of § 390-139B of this chapter, or other conditions render the provision unnecessary.
(6)
A hierarchy of greenway land and recreational areas shall be distributed
strategically throughout the village for maximum benefit and convenience
of the residents and shall culminate in a central village green or
square.
(7)
All greenway land shall be designed to add to the visual amenities
of the area by maximizing its visibility for persons passing the site
or overlooking it from nearby properties.
(9)
Greenway land shall be used to meet the following objectives:
(a)
Contribute to the village fringe.
(b)
Create linkages between lots and adjacent greenway land/recreation
or greenway land parcels.
(c)
Comply with recommendations of the Township Open Space and Recreation
Plan, including the "Recommendations Summary Map."
(d)
Reinforce the traditional village land use pattern by locating
structures close to the road.
(e)
Provide buffers to cultural resources or enhance scenic vistas.
(f)
Complement facility infrastructure requirements such as water
supplies, wastewater treatment, stormwater control, etc.
(g)
Preserve sensitive environmental resources.
(h)
Retain woodlands as important environmental and aesthetic local
resources.
(i)
Enhance the character of the village setting by complementing
the built environment in ways such as providing space for landscaping,
community events, pedestrian linkages, and other such design opportunities.
(j)
Reflect how passive and active greenway lands and recreation
are now used in the village, whether they are adequate, and how they
may be complemented.
The following additional site development standards shall apply
to multifamily developments.
A.
B.
Courts.
(1)
At least 25% of courts formed by the arrangement of more than one
building shall be greenway land not occupied by parking areas or other
uses, court areas to be measured on a straight line between building
corners.
(2)
A separation distance shall be created of no less than 200 feet between
courts, measured from building corners forming the perimeter of courts.
C.
Exterior walls. Exterior walls shall be faced with maintenance-free
material other than cinder block, plain concrete block or concrete
poured in place.
D.
Rear of buildings. The rear of buildings shall not face, or be within
25° of being parallel to, any public road.
E.
Attached building (townhouses).
(1)
The arrangement of two or more buildings in clusters as seen in front
elevation or an elevation normal thereto shall have a maximum horizontal
dimension of 200 feet if each building is variously oriented. The
maximum horizontal dimension of clusters oriented in the same direction
shall be 275 feet.
(2)
There shall be no more than five units to any single building and
no more than three buildings to any court.
(3)
Buildings shall be arranged in a maximum of two rows within 25°
of being parallel. Arrangement of buildings in three or more rows,
whether with long or short walls facing, will not be permitted.
(4)
Exterior walls greater than 80 feet in length will not be approved
and exterior walls collinear with or parallel to fire walls, at least
five feet in horizontal length and of full height, may be required
to assure offset or variety of exterior surfaces of both.
(5)
Use of gables and variations of color, texture or of ridgeline height
or orientation may be required to provide architectural diversity
and individuality for the various building subdivisions or sets of
them.
F.
Other multifamily buildings and apartment buildings.
(1)
Unless the applicant has incorporated unique architectural design,
apartment buildings and other multifamily buildings shall generally
have a maximum exterior wall perimeter at any level of no more than
500, no straight facade or roofline segment of which may be longer
than 60 feet.
(2)
Apartment buildings and other multifamily buildings shall be no more
than 35 feet in height, except on recommendation of the Planning Commission
and approval by the Board of Supervisors where it can be shown that
the top of the buildings will not alter the visible horizon as seen
from a public road.
G.
Accessory uses. No outdoor swimming pool, tennis court or similar
facility shall be located closer than 100 feet to any adjacent residential
property.
