The alternative design options established under this article
have been created to support the protection of the unique and rich
ecology, flora and fauna, natural and scenic landscapes, and historical
features which characterize Pennsbury Township, including scenic views
and viewsheds, agricultural resources, historic and archeological
resources, water bodies, floodplains, riparian buffers, wetlands and
hydric soils, steep slope areas, ridgelines, rock outcroppings, wildlife
habitats, unique vegetation, hedgerows, and woodlands of the Township,
and to pursue the goals in the Pennsbury Township Comprehensive Plan
of 2006, as amended. The purposes of this article are:
A.
To provide an opportunity for flexibility in lot and site designs
and dwelling types not afforded by conventional lot-by-lot development.
B.
To provide for a more varied, innovative, and efficient development
pattern.
C.
To preserve unique and sensitive landscapes and site features by
locating new dwelling units in areas removed from such features.
D.
To protect scenic vistas and viewsheds from encroachment by development.
E.
To retain and protect open space areas, including areas noted for
their value as a wildlife habitat or corridor, a site of unique vegetation,
such as specimen trees, or other sites or features contributing to
the natural diversity of the Township.
F.
To minimize potential adverse impacts resulting from the location
of new residential development adjacent to nonresidential uses.
G.
To protect agricultural uses and limit disturbance of agricultural
soils.
H.
To support the objectives of the state designated Lower Brandywine
Scenic River Corridor.
I.
To protect historic resources, including the Brandywine Battlefield
National Historic Landmark Planning Area.
J.
To provide a means to attain the goals and objectives of the Comprehensive
Plan relative to orderly growth and the protection and/or enhancement
of environmental resources.
A.
The alternative design options using the provisions of this article
shall be available subject to approval as a conditional use.
B.
Any tract of land which shall be the subject of an application for subdivision, land development, or both using the provisions established herein for the Open Space Design Option shall meet the following minimum tract size provisions, whether a single tract or two or more tracts developed according to a single plan; tracts eligible for lot averaging shall be as set forth in § 162-1809:
C.
Any tract of land which shall be the subject of an application for
subdivision, land development, or both, using the provisions of this
article must be held in single and separate ownership by the applicant
or, in the case of multiple ownership, the tract must be developed
according to a single plan with responsibility for its implementation
and completion vested in a common authority.
D.
Sewage requirements shall be in accordance with the Township's
Act 537 Sewage Facilities Plan and subject to the following:
(1)
All lots shall be served by individual on-lot sewage disposal
systems with separate primary and secondary sewage disposal sites
both tested and approved prior to issuance of final subdivision and
land development approval.
(2)
All primary and secondary tested and approved sewage disposal sites shall be located on the lot which they serve, except where the Board of Supervisors modifies this requirement as a condition of conditional use approval to permit one or more secondary sewage disposal sites to be located within designated open space or to provide for alternative sewage disposal arrangements for dwellings resulting from adaptive reuse of existing historic resources as provided in §§ 162-1803B and 162-1808, where the Board of Supervisors determines that such modification improves conformance to the results of the four-step design process as set forth in Chapter 138, Subdivision and Land Development, and further affords consistency with the objectives of this article and the Pennsbury Township Comprehensive Plan of 2006, as amended. In such case(s), sewage disposal sites located within designated open space areas shall be located in areas contiguous to each affected lot or dwelling, shall be pinned so easily found, shall be indicated with metes and bounds on recorded plans and described in any applicable deed with reference to pertinent recorded plan sheet(s), and shall be subject to clear delineation and documentation of maintenance responsibilities formalized through establishment of easements satisfactorily guaranteeing mandatory maintenance by the affected homeowners. Secondary sewage disposal sites within designated open space shall be subject to a recorded covenant prohibiting any disturbance of the site except for the installation of sewage disposal facilities.
(3)
No building permit shall be issued for any structure (including
swimming pools) within 10 feet of any tested and approved primary
or secondary sewage disposal site unless the lot owner satisfies the
Township that an alternative (third) tested and approved sewage disposal
site is available.
E.
The Historic Resources Map, Flood Hazard Overlay District maps, and
other relevant mapping from this chapter or the Pennsbury Township
Comprehensive Plan of 2006, as amended and mapping prepared for the
state-designated Lower Brandywine Scenic River Corridor shall be incorporated
herein by reference as a part of this chapter.
An applicant may utilize land within the R-1, R-2, or R-3 Zoning
Districts under the provisions of this article for development of
one or more of the following residential uses:
A.
Single-family detached dwellings.
A.
Applicability. The following requirements shall apply to land development
using the Open Space Design Option where permitted in the applicable
underlying zoning districts in this chapter.
B.
Calculation of permitted number of lots per tract. Except as provided in Subsection E, below, the maximum permissible number of lots and dwelling units on any tract shall be the quotient obtained by dividing the net tract area, measured in acres, by three in the R-1 District, by two in the R-2 District and R-3 District. For purposes of this article, a single dwelling unit and the lot on which it is constructed shall be calculated as one; and each lot on which no dwelling unit is proposed at the time of application shall be counted as one (except for lots which are to be devoted to permanently protected open space, which shall not be counted). Where a fraction results from the calculation, the figure shall be rounded to the next lower whole number. For example, a calculation resulting in 17.8 shall provide for 17 lots and dwelling units.
C.
Notwithstanding the foregoing or any other provision of this article
to the contrary, the maximum number of lots and dwelling units calculated
as provided above shall be permitted only when the application, and
accompanying plans, satisfy all other applicable provisions of this
article and is approved as a conditional use. Applicants are advised
that it may not be possible, in all cases, to achieve the maximum
number of lots or units while complying with open space criteria and
other requirements of this article.
D.
Minimum preserved open space.
(1)
Wherever the Open Space Design Option afforded by this article
is utilized for the development of a tract of land, an area of permanently
protected open space in such development shall be required as having
an area not less than the result of the following calculation:
(2)
Without limitation of the foregoing, in no case shall permanently
protected open space encompass less than 60% of the gross area within
the boundaries of the subject tract where located in the R-1 District
nor less than 50% of the gross area of the tract where located in
the R-2 or R-3 Districts.
(3)
Lands utilized to calculate compliance with this minimum preserved
open space requirement shall not include any of the following although
the following may be included in areas designated and managed as open
space:
E.
In addition to the maximum permissible number of lots and dwelling units on any tract calculated as provided in § 162-1804B, an applicant for development under the Open Space Design Option shall be permitted additional dwelling units and accompanying lots only through the adaptive reuse of historic resources, as defined in this chapter on the tract of land; provided that such adaptive reuse complies with the standards for historic resources in § 162-1808 and Article XVII. Except where physically unfeasible due to existing locational and/or structural attributes, all such dwelling units shall also follow the requirements in Subsection F, below. Maintaining historic resource(s) for dwelling use as permitted in this chapter shall not be counted towards otherwise permitted density of development set forth in § 162-1804B, above.
F.
Area and bulk regulations. The following area and bulk regulations shall apply to any tract developed pursuant to the Open Space Design Option except where modifications are approved by the Board of Supervisors as condition(s) of conditional use approval, where the Board of Supervisors determines that such modifications improve conformance to the results of the four-step design process as set forth in Chapter 138, Subdivision and Land Development, and further afford consistency with the objectives of this article and the Pennsbury Township Comprehensive Plan of 2006, as amended:
(1)
Lot area. No less than one gross acre.
(2)
Minimum lot width at the building line: 150 feet.
(3)
Maximum lot coverage: 15%.
(4)
Minimum front yard: 40 feet, where it fronts on a local residential street, or 60 feet where it fronts on an arterial or collector road, or in the case of a flag lot or a corner lot, the provisions of § 162-1902 shall apply.
(5)
Minimum side yard: 50 feet in width, aggregate of two side yards;
20 feet in width, minimum individual side yard.
A.
The applicant shall demonstrate to the satisfaction of the Township,
by the use of sound, professional land planning, landscaping, architectural,
and engineering techniques and practices that the development and
combination of land uses protect against disturbance of (by construction
of buildings or site improvements, destruction of vegetation or otherwise)
the following open space resources to the maximum extent feasible:
(1)
Scenic landscapes within the state designated Lower Brandywine
Scenic River Corridor.
(2)
Any views of natural or agricultural landscapes, other natural
features (such as woodlands, ponds, or stream valleys) or historic
resources or ruins which are visible from existing streets or the
Brandywine Creek, whether or not identified on the applicant's
site analysis plan. To achieve this objective, the applicant should
propose a design which, among other things, locates buildings entirely
below the elevation of the nearest ridge line unless clearly unfeasible.
Where the applicant contends that the location of dwellings entirely
below ridge lines is unfeasible, approval of the proposed locations
shall be contingent upon demonstration of either or a combination
of the following mitigative design techniques:
(a)
The submission of individual lot landscaping plans demonstrating
effective screening of views from public roads and adjacent tracts.
(b)
The submission of individual building designs plans with sufficient
detail to demonstrate, in terms of how such buildings may be viewed
from public roads or adjacent tracts, replication of proportional
relationships of form and massing evident in existing historic resources,
including ratios of height to width, length of individual facade segment,
roof pitch, relative size and placement of windows, doors, and other
facade details. The distance from any point of public view that may
be considered as a mitigating factor in review of plans for buildings
within such view.
(3)
Historic resources shall be preserved through incorporation into permanently protected open space to the extent feasible or by preservation and adaptive reuse according to the standards set forth in § 162-1808.
(5)
Wildlife habitats, particularly where species or habitat types
included in the Pennsylvania Natural Diversity Inventory (PNDI) are
found, and with a particular emphasis on the location of permanently
protected open space so as to preserve corridors necessary for wildlife
habitat which happen to cross property boundaries. Where feasible,
multiple habitat area on a single tract shall be preserved, particularly
where differing habitat types have been inventoried, in order to promote
maintenance of habitat diversity.
(6)
Streams (both perennial and intermittent) and wetlands falling under the jurisdiction of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection shall not be disturbed except as permitted in Article XV.
(7)
Mature trees and woodlands, including any existing trees greater than eight inches dbh, hedgerows, fence lines, § 162-1503C.
(8)
Prime agricultural soils. The disturbance of prime agricultural
soils shall be limited to the greatest extent possible and such soils
shall be located within the permanently protected open space whenever
possible.
C.
Without limitation of any other requirements of this article or the definition of permanently protected open space under Article II, permanently protected open space in any plan and application submitted under this article shall be restricted from further development or construction except for permitted open space uses, by conservation easement or other agreement running in favor of the Township, a qualified conservation organization or both (as the Board of Supervisors elect) in a form acceptable to the Board of Supervisors (in consultation with the Township Solicitor) and which must be duly recorded in the office of the Recorder of Deeds of Chester County. The requirements of this Subsection C shall be satisfied if, in the alternative, the permanently protected open space is dedicated to and accepted by the Township.
A.
Areas designated as permanently protected open space may be used
for any of the following:
(1)
Agricultural and horticultural uses, including raising crops
or livestock and associated agricultural structures specifically needed
to support a viable agricultural or horticultural operation. Specifically
excluded are mushroom operations and commercial livestock operations.
(2)
Cultivation of nursery stock or orchard trees.
(3)
Woodland, meadow, wetland, wildlife habitat, game preserve,
or similar conservation-oriented area.
(4)
Brandywine Battlefield National Historic Landmark Planning Area
and other public, common, or private park, or outdoor recreation area.
(5)
Subsurface sewage disposal areas and/or land application of treated wastewater in accordance with the Municipal Sewage Facilities Plan (Act 537 Plan) of the Township, subject to specific conditional use approval as set forth in § 162-1802D(2).
(6)
Open space network greenways, nonlinear areas, or trails as defined in Chapter 6 of the Pennsbury Township Comprehensive Plan.
(7)
Wildlife corridors and/or connectors as defined in Chapter 6 of the Pennsbury Township Comprehensive Plan.
(8)
Adaptive reuse of historic resources for uses consistent with permitted open space use of the land, including community recreational purposes, in accordance with Article XVII. Any use not consistent with permitted open space uses, including residential or commercial use, bed-and-breakfast lodging use, etc., shall be located on a separate lot and shall not be considered part of the open space.
(9)
Easements for drainage, access, sewer or water lines, or other
public purposes, provided such areas are not included in the calculation
for minimum required open space.
A.
Open space management plan.
(1)
Any application under this article shall contain a plan for
the long term management of the permanently protected open space which
is to be created as part of the development. Such a plan shall include:
(a)
A discussion of the manner in which the permanently protected
open space will be owned and by whom it will be managed and maintained;
(b)
The conservation, land management, and agricultural techniques
and practices which will be used to conserve and perpetually protect
the permanently protected open space;
(c)
The professional and personnel resources that will be necessary
in order to maintain and manage the property;
(d)
The nature of public or private access that is planned for the
permanently protected open space; and
(e)
The source of money that will be available for such management,
preservation and maintenance on a perpetual basis.
(2)
Final open space management plan. A preliminary management plan shall be transformed into a more detailed final open space management plan in compliance with § 162-1807C hereinbelow and presented to the Township for review and approval with the final subdivision and land development plan. The Township may require that the final open space management plan be recorded, with the final subdivision and land development plans, in the Office of the Recorder of Deeds of Chester County. In order to allow for the changing needs inherent in the perpetual management of land, the management plan shall contain a provision to the effect that it may be changed by written application to the Township, so long as the proposed change is feasible and consistent with the purposes of preservation of open space set forth in this article and so long as the plan for such change avoids a likelihood of the obligation for management and maintenance of the land falling upon the Township without the consent of the Township.
B.
The permanently protected open space in any land development or subdivision
utilizing the design options of this article shall, subject to the
approval of the Board of Supervisors, be owned, managed, and maintained
by one or a combination of the following:
(1)
Retained ownership of permanently protected open space.
(a)
Permanently protected open space may be retained in ownership
by the applicant or may be transferred to other private parties subject
to compliance with all standards and criteria for permanently protected
open space herein.
(b)
All or portions of the designated permanently protected open space may be included within or divided among one or more of the individual lots. Where deemed appropriate, the Township may require that responsibility for maintenance of permanently protected open space be conferred upon and/or divided among the owners of one or more individual lots. Any open space area allocated to individual lots may not be built upon or put to any use other than as set forth in § 162-1806.
(2)
Lease option. The Township, county, homeowners' association, condominium agreement, or qualified private conservation organization, as the case may be, may permit all or portions of the open space lands to be leased for an agricultural use or other permitted conservation use in § 162-1806 above, conditioned on the following:
(3)
Homeowners' association. Common facilities may be held
in common ownership by a homeowners' association, subject to
all of the provisions for homeowners associations set forth in applicable
Pennsylvania statutes and regulations. In addition, the following
standards shall be met:
(a)
The applicant shall provide the Township with a description
of the organization of the proposed association, including its by-laws,
and all documents governing ownership, maintenance, and use restrictions
for common facilities;
(b)
The proposed association shall be established by the owner or
applicant and shall be operating with financial subsidization by the
owner or applicant, if necessary before the sale of any dwelling units
in the development;
(c)
Membership in the association shall be automatic and mandatory
for all purchasers of dwelling units therein and their successors
in title, who shall have joint and undivided interests in any common
areas;
(d)
The association shall be responsible for maintenance of common
facilities and providing a policy of appropriate liability insurance
in connection therewith;
(e)
The by-laws shall confer legal authority on the association
to place a lien on the real property of any member who falls delinquent
in his dues and/or assessments. Such dues and/or assessments shall
be paid with all accrued interest before the lien may be lifted;
(f)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance of common facilities
by another party must be given to all members of the association and
to the Township not less than 30 days prior to such event;
(g)
The association shall have adequate staff to administer, maintain,
and operate such common facilities;
(h)
The terms, conditions and content of the homeowners' association
document agreement shall be reviewed and approved by the Township
Solicitor;
(i)
Members of the association shall share equitably the cost of
maintaining open space owned by the association. Shares and procedures
shall be outlined in the association by-laws; and
(4)
Condominium association. Common facilities may be controlled
through the use of condominium agreements. Such agreements shall be
in accordance with the Pennsylvania Uniform Condominium Act of 1980,
as amended.[1] All open land and common facilities shall be held as "common
elements."
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(5)
Dedication to private qualified conservation organization or
to the county. With permission of the Township, an owner may transfer
either fee simple title of the open space or easements on the open
space to a private nonprofit conservation organization or to the county,
provided that:
(a)
The conservation organization is acceptable to the Township
and is a bona fide conservation organization intended to exist indefinitely;
(b)
The conveyance contains appropriate provisions for proper reverter
or retransfers in the event that the organization becomes unwilling
or unable to continue carrying out its functions;
(c)
The open space land is permanently protected from future development
through a conservation easement and the Township is given the ability
to enforce these restrictions;
(d)
A maintenance agreement acceptable to the Township is established
between the owner and the organization; and
(e)
A satisfactory maintenance agreement, including but not limited
to, adequate provision to be made for enforcement of the maintenance
agreement by the Township, shall be reached between the owner and
the Township.
(6)
Dedication of easements to the Township. The Township may, but
shall not be required to, accept easements for public use of any portion
of the common land or facilities. In such cases, the facility remains
in the ownership of the condominium association, homeowners'
association, or private conservation organization while the easements
are held by the Township. In addition, the following regulations shall
apply:
(7)
Fee simple dedication to the Township. The Township may, but
shall not be required to, accept any portion of the common facilities,
provided that:
(a)
There is no cost of acquisition to the Township;
(b)
The Township agrees to and has access to maintain such facilities;
and
(c)
Where improvements exist on the property, the Township may require
the posting of financial security to ensure structural integrity of
said improvements as well as the functioning of said improvements
for a term and for an amount satisfactory to the Township.
C.
Open space management plan. Unless otherwise agreed to by the Township,
the cost and responsibility of managing and maintaining common facilities
and open space land shall be borne by the property owner, condominium
association, homeowners' association, or private qualified conservation
organization.
(1)
Management plan. The applicant shall, at the time of preliminary
plan submission, provide a plan for perpetual management and maintenance
of open space lands and operation of common facilities in accordance
with the following requirements:
(a)
The plan shall describe the manner in which the permanently
protected open space and any facilities included therein will be owned
and by whom it will be managed and maintained;
(b)
The plan shall establish necessary regular and periodic operation
and maintenance responsibilities for the various kinds of open space
(i.e., lawns, meadow, pasture, cropland, woodlands) and land management
practices used to conserve and perpetually protect this open space;
(c)
The plan shall estimate staffing needs, insurance requirements,
and associated costs, and define the means for funding the maintenance
of the open space land and operation of any common facilities on an
ongoing basis. Such funding plan shall include the means for funding
long-term capital improvements as well as regular yearly operating
and maintenance costs;
(d)
At the Township's discretion, the applicant may be required
to escrow sufficient funds for the maintenance and operation costs
of common public facilities for up to one year; and
(e)
Any changes to the maintenance plan shall be approved by the
Township.
(2)
Delinquency of maintenance. Regardless of the ownership option
used for the designated open space, the following requirements shall
apply:
(a)
Township notice. In the event an organization undertakes the
responsibility of maintaining the designated open space and improvements
and fails to maintain the same in reasonable order and conditions
in accordance with the management plan, the Township may serve written
notice upon the person, organization, or party responsible or residents
in the land development setting forth the manner in which the organization
has failed to properly maintain the common areas, and directing the
responsible person, organization, or party to remedy the situation
within a specified period of time.
(b)
Township action. The Township may, but shall not be obligated,
upon thirty-day advance written notice to the responsible person,
organization, or party to enter upon the open space and perform the
necessary maintenance and take any other action to remedy the condition
set forth in the Township's notice.
(c)
Township reimbursement. Any and all costs incurred by the Township
in connection with such notice and maintenance shall be paid by the
responsible person, organization, or party within 30 days after written
demand by the Township.
(d)
Such efforts shall not constitute a taking of the property nor
vest the public any right to use the same. The cost of maintenance
by the Township shall be assessed ratably against the person, organization,
or party responsible for maintenance and shall be a municipal claim
against the individual lots in the open space subdivision. Such assessments
shall be perfected by filing a municipal lien in the Office of the
Prothonotary of Chester County, Pennsylvania.
D.
The Township may, but shall not be required to, accept dedication
of all or any portion of the permanently protected open space, if
offered by the applicant or any subsequent owner thereof and only
if accepted by the Township on such terms and conditions as the Township
may deem appropriate.
E.
The Township may, but shall not be required to, accept easements
for public use of any portion or portions of the permanently protected
open space, title to which is to remain in ownership by another person
or entity otherwise permitted under the preceding subsections to own
permanently protected open space, if offered by the applicant or any
subsequent owner thereof and only if accepted by the Township on such
terms and conditions as the Township may deem appropriate.
The applicant shall comply with the following standards as well as applicable standards of Article XVII where rehabilitation or adaptive reuse of a historic resource, as defined in this chapter, is proposed in order to develop dwelling units in addition to the maximum otherwise permissible under § 162-1804 above.
A.
The historic resource shall not be increased in square footage by
more than 25% of its existing floor area at the time of application,
for the purpose of accommodating additional dwelling units.
B.
No new freestanding structures nor additions to nonhistoric structures shall be erected to accommodate additional dwelling units beyond those permitted pursuant to § 162-1804B.
C.
Construction plans for the rehabilitation, alteration, or enlargement of a historic resource shall be in substantial compliance with the Secretary of the Interior's Standards for Rehabilitation [see § 162-1706A(3)].
D.
Authentic period materials and colors shall be used on all facades
and any portion of a historic resource or enlargement thereof visible
from any existing or proposed public right-of-way. Appropriate substitute
color, design, or material may occur only upon the approval of the
Township after written recommendation of the Historical Commission.
E.
An applicant shall demonstrate preservation of sufficient landscaped
or buffer area surrounding historic resources to retain the integrity
of the historical landscape setting. An applicant may demonstrate
mitigation of impacts to the historical landscape setting through
plans showing the introduction of vegetation or other screening in
harmony with such landscape setting and through retention of view
lines which visually link historic resources to their landscape setting.
F.
Facilities and equipment for heating/air conditioning, trash collection
and compaction, and other structural elements not in keeping with
historical architectural themes shall be concealed architecturally
or otherwise screened completely from view.
G.
An applicant shall guarantee permanent adherence to these standards
through establishment of appropriate conservation/facade easement(s)
granted to a nonprofit historical or environmental conservation organization
capable of enforcing the restrictions or a governmental entity, according
to documentation acceptable to the Township after consultation with
the Township Solicitor.
Where the net area of a tract to be subdivided within the R-1
District is less than 15 acres or is less than 10 acres in the R-2
or R-3 Districts, the tract shall be eligible for development utilizing
lot averaging provisions, subject to approval as a conditional use,
as follows:
A.
The maximum gross density of any development utilizing lot averaging shall not be more than allowed through the underlying zoning district regulations in which the tract is located. The average size of all lots within the development utilizing lot averaging shall be three acres, net area, in the R-1 District, and two acres, net area, in the R-2 or R-3 Districts. The sizes of individual lots may vary; minimum standards for any one lot are set forth in § 162-1809E, below.
B.
No lot of such size as to be capable of further subdivision under
the underlying zoning district regulations shall be included in determining
the average lot area unless the possibility of such further subdivision
is eliminated by a deed restriction or agreement in a form acceptable
to the Township and duly recorded in the Office of the Recorder of
Deeds of Chester County.
C.
The tract of land proposed for lot averaging shall be suitable for development in the manner proposed without hazards to persons or property, on or off the site, due to flooding, erosion, or other dangers or inconveniences. Conditions of soil, groundwater level, drainage, and topography, and other natural resources in Article XV shall be compatible with the proposed design. All plans utilizing lot averaging provisions shall adhere to § 162-1805A and shall demonstrate compliance with the Four-Step Design process as set forth in Chapter 138, Subdivision and Land Development.
D.
A site plan, including layout of streets and lots, and location of
any extant historic resources and natural features shall accompany
the plan application and shall be, in the judgment of the Township,
in compliance with the purpose of this article.
E.
For development utilizing lot averaging, the following minimum area and bulk regulations shall apply to any individual lot except where modifications are approved by the Board of Supervisors as condition(s) of conditional use approval, where the Board of Supervisors determines that such modifications improve conformance to the results of the Four-Step Design process as set forth in Chapter 138, Subdivision and Land Development, and further afford consistency with the objectives of this article and the Pennsbury Township Comprehensive Plan of 2006, as amended:
(1)
Minimum lot area: one acre, net area.
(2)
Minimum lot width at the building line: 150 feet.
(3)
Maximum lot coverage: 15%.
(4)
Minimum front yard: 40 feet, where it fronts on a local residential street, or 60 feet where it fronts on an arterial or collector road, or in the case of a flag lot or corner lot, the provisions of § 162-1902 shall apply.
(5)
Minimum side yard: 50 feet in width, aggregate of two side yards;
20 feet in width, minimum individual side yard.
