In expansion of the declaration of legislative intent contained in § 350-4 of this chapter and the community development objectives contained in § 350-5 of this chapter, it is hereby declared to be the intent of the R-4 Residential District to provide for areas of high-density residential uses, specifically townhouses and garden apartments, in the Township. These areas are located in those portions of the Township where the character of existing development, the planned provision of essential sewer and water facilities, superior highway access, and proximity to commercial and employment centers would most readily accommodate a higher density of development.
[Amended 11-26-1990 by Ord. No. 218; 7-10-2000
by Ord. No. 307]
In an R-4 Residential District a building or
structure may be erected, altered or used, and a lot may be used or
occupied for any of the following uses and no other:
A.
Those uses permitted in the R-3 Residential District, except § 350-88D, Cluster development, of this chapter.
B.
Garden apartments.
C.
Any of the following uses when authorized as a special
exception:
(1)
Class One and Class Two institutional uses when authorized as a special exception in accordance with requirements of § 350-30.
(2)
Offices for professional services, personal services,
and administrative activities, including sale of products customarily
incidental to the uses permitted in this section, such as offices
of agents, physicians, dentists, lawyers, architects, engineers, musicians,
artists, teachers, optometrists, and photographers provided that no
office shall occupy more than 20% of the total floor area of the proposed
townhouse or garden apartment development and shall be located on
the first floor.
D.
Accessory uses on the same lot with and customarily
incidental to any permitted use.
E.
No-impact home-based business shall be permitted by
right, except that such permission shall not supersede any deed restrictions,
covenant or agreement restricting the use of land nor any master deed,
by law or other document applicable to a common interest ownership
community.
[Added 9-8-2003 by Ord. No. 353]
[Amended 11-25-1996 by Ord. No. 274]
The following density, area, width, and yard
regulations shall apply in the R-4 Residential District:
A.
Minimum acreage. In the R-4 Residential District the
following minimum areas shall apply:
(1)
For single-family detached dwellings: 10,000 square
feet per dwelling unit.
(2)
For two-family dwellings and townhouses, the area
requirements shall be the same as those provided for such dwellings
and townhouses in the R-3 Residential District.
(3)
For garden apartments: 10 acres shall be required
before a development proposal can be submitted to the Planning Commission
for review.
B.
Density. In the R-4 Residential District the following
maximum densities shall apply:
(1)
For single-family detached dwellings: four dwelling
units per developable acre.
(2)
For two-family dwellings and townhouses the maximum
densities shall be the same as those provided for such dwellings and
townhouses in the R-3 Residential District.
(3)
For garden apartments the maximum density shall be
12 dwelling units per developable acre.
C.
Area, width, and yard regulations. The following regulations shall apply, subject to Subsection B of this section:
(1)
For single-family detached dwellings, the following
shall be provided for each dwelling:
(a)
Lot size: minimum of 10,000 square feet.
(b)
Lot width: minimum of 80 feet, measured at the
building line.
(c)
Front yard: minimum of 30 feet, measured from
the ultimate right-of-way line.
(d)
Side yard: minimum of 15 feet, for each side.
(e)
Rear yard: minimum of 30 feet.
(f)
Building coverage: maximum of 25%.
(2)
For two-family dwellings and townhouses, the area,
width, yard and building coverage requirements shall be the same as
those provided for such dwellings and townhouses in the R-3 Residential
District.
(3)
For garden apartments the plan shall include evidence
and facts showing that it has considered and made provision for, and
the development shall be executed in accordance with, the following
essential conditions:
(a)
The proposed development shall be constructed
in accordance with an overall plan and shall be designed as a unified
architectural unit with appropriate landscaping.
[1]
If the development of the garden apartments
is to be carried out in stages, each stage shall be so planned that
the foregoing requirements and the intent of this chapter shall be
fully complied with at the completion of any stage. The initial stage
of development shall comprise a total floor area of not less than
30,000 square feet.
[2]
The developer shall assure the provision of
required improvements by means of a proper completion guarantee in
the form of a bond or the deposit of funds or securities in escrow
to cover the cost of the improvements. The work shall be performed
in accordance with all requirements and the approved plans.
(b)
Building area. Not more than 30% of the area
of each garden apartment development may be occupied by buildings.
(c)
Setback from streets. There shall be a setback
from the ultimate right-of-way of each street on which the garden
apartment district abuts which shall be not less than 50 feet in depth,
provided that the buildings in excess of 35 feet in height shall provide
an additional one foot of setback for each additional one foot of
height.
(d)
Setback from property lines. There shall be
a setback from any property line, which the garden apartment district
abuts, of not less than 50 feet.
(e)
Distance between buildings. The horizontal distance
measured in feet between parallel elements of buildings forming courts
and court yard shall not be less than twice the height of the taller
building, measured in feet.
[1]
For any two exterior facing walls, neither of
which has any glassed window area from living or bedroom, the minimum
distance apart shall be half the height of the taller building.
[2]
For any two exterior facing walls, the buildings
of which are oriented side to side, minimum distance apart shall be
half the height of the taller building.
[3]
For any two exterior facing walls, the building of which are oriented front to front, front to rear, rear to rear (and not qualifying under Subsection C(3)(e)[1]), minimum distance apart shall be equal to 1 1/2 the height of the taller building.
[4]
For any two exterior facing walls, the buildings
of which are oriented front to side or rear to side, the minimum distance
apart shall be equal to the height of the taller building.
[5]
For the purposes of this chapter all rectilinear
buildings will be designated with not less than one front wall and
one rear wall. Circular buildings shall have a front side only. Distances
shall be measured from the closest points of each building. Where
two facing walls are not parallel, the wall nearest the facing orientation
shall be that wall with the least angle (in degree) turned from an
imaginary parallel line.
(f)
Parking. Not less than two off-street automobile
parking spaces shall be required for each dwelling unit. Such parking
area shall be placed so as not to interfere with any recreation or
service area, and shall not be less than 25 feet from property lines
or street ultimate right-of-way lines.
(g)
Height of building. No building shall exceed
the height of 40 feet or three stories exclusive of basements, whichever
is greater.
(h)
Paving. All areas provided for use by vehicles and all pedestrian walks shall be constructed in accordance with all pertinent specifications within Chapter 310, Subdivision and Land Development.
(i)
Service. Areas for loading and unloading of
delivery trucks and other vehicles and for the servicing of refuse
collection, fuel and other service shall be provided and shall be
adequate in size, and shall be arranged that they may be used without
blockage or interference with the use of access ways or automobile
parking facilities.
(j)
Access. Provision shall be made for safe and
efficient ingress and egress to and from public streets and highways
serving the apartment(s) without undue congestion to or interference
with normal traffic flow. The Planning Commission shall satisfy itself
as to the adequacy of the thoroughfare to carry the additional traffic
engendered by the apartment as well as to the street frontage of the
proposed development.
(k)
Utilities. All buildings within a garden apartment
shall be served by both public sanitary sewage disposal and public
water supply facilities. If, due to excessive distance or other specific
site limitations or conditions, public sewage disposal and/or public
water supply facilities is or are not feasible, then community sewage
disposal and/or community water supply facilities may be permitted
with approval of the Township Engineer and the Board of Commissioners.
All utility lines servicing the garden apartment shall be placed underground.
(m)
Lighting facilities. Lighting facilities provided
shall be arranged in a manner which will protect the highway and neighboring
properties from unreasonable direct glare or hazardous interference
of any kind. Lighting facilities shall be required where deemed necessary
for the safety and convenience of garden apartment residents.
(n)
A landscaped planting area shall be provided
along the street frontage occupied by a garden apartment development.
(o)
Buffer. The garden apartment development shall
have a permanent landscaped planting area of at least 15 feet in depth
designed for screening from view any residential, commercial, and
industrial uses which are adjoining and contiguous to the garden apartment
development.
(p)
Recreation. The developer shall be required
to give consideration to the provision of community areas, laundry
facilities, playgrounds and tot lots, and other services necessary
for the comfort and convenience of the garden apartment residents.
(q)
Procedural requirements. All procedural requirements of Chapter 310, Subdivision and Land Development, shall be adhered to and the following information shall be shown on plans submitted for approval in addition to those requirements of Chapter 310, Subdivision and Land Development:
[1]
Floor area (in square feet) of all apartment
dwelling units.
[2]
Number of bedrooms per apartment dwelling unit.
[3]
Total number of apartment dwelling units.
[4]
Total number of acres in proposed plan.
[5]
Total number of all off-street parking spaces.
[6]
Exterior vertical and horizontal building dimensions.
[7]
Ground area of buildings.
[8]
Any recreational and/or auxiliary buildings.
