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Township of Towamencin, PA
Montgomery County
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Table of Contents
Table of Contents
Code
New Laws (11) Index
[1]
Editor's Note: The Table of Permitted Land Uses by District is included as an attachment to this chapter.
In all R-200 Residential Agricultural Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as setbacks, lot sizes, lot width, building areas and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the R-200 District provided that all applicable requirements for the use and district are satisfied:
Ag-1
Agriculture
Ag-2
Agricultural Sales/Farm Stands
Ag-3
Greenhouse
Ag-4
Intensive Agriculture
Ag-6
Nursery
E-6
Municipal Facility
R-1
Single-Family Detached Dwelling
A-3
Family Day-Care
A-4
Home Occupation
A-5
Livestock in Residential Area
A-6
Outside Storage
A-7
Recreation Vehicles
A-8
Residential Accessory Structures
A-9
Spa/Hot Tubs
A-10
Swimming Pools
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Accessory Buildings (600 square feet or less)
[Added 12-17-2003 by Ord. No. 03-09]
A-14
Home Office
[Added 12-19-2001 by Ord. No. 01-10]
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
A-20
Wind Energy System
[Added 2-24-2016 by Ord. No. 16-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the R-200 District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
Ag-5
Kennel
Ag-7
Riding Academy/Boarding Stable
B-3
Veterinary Office or Clinic
C-11
Bed-and-Breakfast Inn
C-14
Recreational Campsites
E-1
Cemetery
E-9
Place of Worship
A-12
Nonresidential Accessory Buildings (601 square feet or more)
[Added 12-17-2003 by Ord. No. 03-09]
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the R-200 District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
C-19
Golf Course
R-10
Residential Conversion
A-1
Accessory Apartment1
A-18
Solar Energy System, Ground-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
NOTES:
1 For family member only.
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
All uses
2 acres
Minimum lot width
Residential
200 feet
Nonresidential
300 feet
C. 
Setback requirements.
[Amended 4-24-2019 by Ord. No. 19-04]
Regulation
Use Type
Requirement
(feet)
Minimum front yard
All uses1
75
Minimum side yards
Residential uses
One
40
Aggregate
100
Nonresidential uses
One
50
Aggregate
150
Accessory structures1
20
Minimum rear yards
Residential uses
60
Nonresidential uses
75
Accessory structures1
20
NOTES:
1
Permitted only for residential uses and located only to the rear of the principal building. On flag lots, accessory structures may be permitted to the front or side of the principal structure, but shall not be less than 35 feet from the front lot line or 20 feet from the side lot line.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
Residential
7%
Nonresidential
25%
Impervious coverage
Residential
12%
Nonresidential
45%
E. 
Maximum height regulations.
[Amended 11-14-2018 by Ord. No. 18-05; 4-24-2019 by Ord. No. 19-04]
Use Type
Requirement
Principal residential structure
35 feet, not exceeding 2 1/2 stories
Principal structure, nonresidential
65 feet1
Residential accessory structure
14 feet, not exceeding one story2
NOTES:
1 By special exception from the Zoning Hearing Board, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot in width or depth.
2 If the residential accessory structure has a pitched roof with a slope of 18° or greater, the maximum height can be increased to 24 feet, not exceeding 1 1/2 stories.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking area or driveway shall be located closer than 20 feet to any property line, except the portion of the driveway required for normal ingress and egress.
G. 
Additional requirements for nonresidential storage building. In addition to the requirements set forth in Article X, Conditional Uses, the following criteria shall apply in considering the approval or denial of conditional use applications for nonresidential storage buildings in the R-125 District:
(1) 
Outdoor vehicle storage is prohibited.
(2) 
The building shall comply with all fire protection requirements and shall be equipped with an automatic sprinkler system.
(3) 
Storage of hazardous or flammable materials is prohibited.
(4) 
The hours of operation shall be consistent with those of the primary building.
(5) 
Exterior lighting shall be placed not higher than 25 feet above grade and shall be screened so as to not permit the source of illumination to be seen from off the premises. Only incandescent or color corrected types of illumination shall be used. The hours of illumination of such lights shall be limited to the hours of business operation and shall otherwise be extinguished between 10:00 p.m. and 6:00 a.m. prevailing time.
(6) 
The nonresidential storage building and primary building must be under common ownership.
(7) 
Maximum gross floor area shall not exceed 9,000 square feet.
(8) 
The nonresidential storage building must be an accessory to an institutional use only.
(9) 
The minimum lot size is 12 acres.
In all R-180 Residential Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as setbacks, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the R-180 District provided that all applicable requirements for the use and district are satisfied:
Ag-1
Agriculture
Ag-2
Agricultural Sales/Farm Stands
Ag-3
Greenhouse
Ag-4
Intensive Agriculture
Ag-6
Nursery
E-6
Municipal Facility
R-1
Single-Family Detached Dwelling
A-3
Family Day-Care
A-4
Home Occupation
A-5
Livestock in Residential Areas
A-6
Outside Storage
A-7
Recreational Vehicles
A-8
Residential Accessory Structures
A-9
Spa/Hot Tubs
A-10
Swimming Pools
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Accessory Buildings (600 square feet or less)
[Added 12-17-2003 by Ord. No. 03-09]
A-14
Home Office
[Added 12-19-2001 by Ord. No. 01-10]
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
A-20
Wind Energy System
[Added 2-24-2016 by Ord. No. 16-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the R-180 District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
Ag-5
Kennel
Ag-7
Riding Academy/Boarding Stable
B-3
Veterinary Office or Clinic
C-11
Bed-and-Breakfast Inn
E-1
Cemetery
E-9
Place of Worship
A-12
Nonresidential Accessory Buildings (601 square feet or more)
[Added 12-17-2003 by Ord. No. 03-09]
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the R-180 District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
C-19
Golf Course
R-10
Residential Conversion
A-1
Accessory Apartment1
A-18
Solar Energy System, Ground-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
NOTES:
1 For family member only.
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
Agricultural uses
3 acres
All other principal uses
60,000 square feet
Minimum lot width
All uses
175 feet
C. 
Setback requirements.
[Amended 4-24-2019 by Ord. No. 19-04]
Regulation
Use Type
Requirement
(feet)
Minimum front yard
All uses1
50
Minimum side yards
Agricultural and nonresidential uses
One
50
Aggregate
100
Residential uses
One
30
Aggregate
60
Accessory structures1
15
Minimum rear yards
Agricultural and nonresidential uses
50
Residential uses
40
Accessory structures1
15
NOTES:
1
Permitted only for residential uses and located only to the rear of the principal building. On flag lots, accessory structures may be permitted to the front or side of the principal structure, but shall not be less than 25 feet from the front lot line or 15 feet from the side lot line.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
12%
Impervious coverage
ll uses
20%
E. 
Maximum height regulations.
[Amended 4-24-2019 by Ord. No. 19-04]
Use Type
Requirement
Principal residential structure
35 feet, not exceeding 2 1/2 stories
Principal structure, nonresidential
65 feet1
Residential accessory structure
14 feet, not exceeding one story2
NOTES:
1 By special exception from the Zoning Hearing Board, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot in width or depth.
2 If the residential accessory structure has a pitched roof with a slope of 18° or greater, the maximum height can be increased to 24 feet, not exceeding 1 1/2 stories.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking area or driveway shall be located closer than 10 feet to any property line, except the portion of the driveway required for normal ingress and egress.
In all R-175 Residential Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as setbacks, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the R-175 District provided that all applicable requirements for the use and district are satisfied:
Ag-1
Agriculture
Ag-2
Agricultural Sales/Farm Stands
E-6
Municipal Facility
R-1
Single-Family Detached Dwelling
A-3
Family Day-Care
A-4
Home Occupation
A-5
Livestock in Residential Areas
A-7
Recreational Vehicles
A-8
Residential Accessory Structures
A-9
Spa/Hot Tubs
A-10
Swimming Pools
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Accessory Buildings (600 square feet or less)
[Added 12-17-2003 by Ord. No. 03-09]
A-14
Home Office
[Added 12-19-2001 by Ord. No. 01-10]
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the R-175 District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
Ag-6
Nursery
B-1
Medical offices
[Added 5-8-2019 by Ord. No. 19-06]
C-9
Golf Course
[Added 11-17-2004 by Ord. No. 04-06]
C-11
Bed-and-Breakfast Inn
C-20
Miniature Golf, Driving Range, Batting Cage
E-9
Place of Worship
A-12
Nonresidential Accessory Buildings (601 square feet or more)
[Added 12-17-2003 by Ord. No. 03-09]
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the R-175 District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
R-10
Residential Conversion
A-1
Accessory Apartment1
A-18
Solar Energy System, Ground-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
A-20
Wind Energy System
[Added 2-24-2016 by Ord. No. 16-03]
NOTES:
1 For family member only.
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
Agricultural uses
3 acres
All other principal uses
60,000 square feet1
30,000 square feet2
Minimum lot width
All uses
175 feet1
125 feet2
NOTES:
1 For lots where neither public water or public sewer are provided, or where only public water or public sewer, but not both, is provided.
2 For lots where both public water and public sewer are provided.
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
All uses
50 feet
Minimum side yards
Agricultural and nonresidential uses
50 feet
Residential uses
30 feet1
20 feet2
Accessory structure3
10 feet
Minimum rear yards
Agricultural and nonresidential uses
50 feet
Residential uses
40 feet
Accessory structure3
10 feet
NOTES:
1 For lots where neither public water or public sewer are provided, or where only public water or public sewer, but not both, is provided.
2 For lots where both public water and public sewer are provided.
3 Permitted only for residential uses and located only to the rear of the principal building.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
18%1
Impervious coverage
All uses
30%2
NOTES:
1 Provided that the permissible minimum lot area is 30,000 square feet. For all other lot areas, the total building coverage shall not exceed 12%.
2 Provided that the permissible minimum lot area is 30,000 square feet. For all other lot areas, the total impervious coverage shall not exceed 20%.
E. 
Maximum height regulations.
Use Type
Requirement
Principal residential structure
35 feet, not exceeding 2 1/2 stories
Principal structure, nonresidential
65 feet1
Residential accessory structure
14 feet, not exceeding one story
NOTES:
1 By special exception from the Zoning Hearing Board, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot in width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking area or driveway shall be located closer than five feet to any property line, except the portion of the driveway required for normal ingress and egress.
G. 
Conditional use criteria for B-1 Medical Office Uses. In addition to the provisions of Article X of the Zoning Ordinance, the following additional criteria shall apply in considering the approval or denial of B-1 Conditional Use applications in this district:
[Added 5-8-2019 by Ord. No. 19-06]
(1) 
The B-1 Medical Office use may be applied only to lots which are lawfully in existence as of the effective date of this ordinance.[1]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 19-06, adopted 5-8-2019.
(2) 
The B-1 Medical Office use shall be restricted to one medical office facility in one building.
(3) 
Street frontage. A lot shall have a minimum of 150 feet frontage which is located solely on an arterial highway as defined in § A101 of the Towamencin Engineering Standards[2] and shall not abut the right-of-way of another street.
[2]
Editor's Note: See Ch. 136, Appendix 136A.
(4) 
Minimum lot area: 27,500 square feet.
(5) 
Maximum lot area: 43,560 square feet.
(6) 
Maximum building coverage: 18%.
(7) 
Maximum impervious coverage: 55%.
(8) 
Parking: Minimum of one space per 250 square feet of gross floor area.
(9) 
Building requirements. Proposed buildings and additions must have a residential character and must include the following features:
(a) 
A pitched roof covering at least 80% of the building with a minimum pitch of 18° (4/12).
(b) 
Residential scaled windows and doors.
(10) 
Parking location.
(a) 
No parking other than that associated with required driveway access shall be permitted within the minimum front yard setback.
(b) 
No parking shall be closer than five feet to the side or rear property lines.
(11) 
Buffer yards. A minimum ten-foot wide buffer yard shall be provided along the boundaries of all residential uses and parking shall not be permitted within such buffer. Parking shall be permitted in the area of any other buffer yard required by the Towamencin Township Subdivision and Land Development Ordinance[3] but shall not be permitted within the said minimum ten-foot-wide buffer yard.
[3]
Editor's Note: See Ch. 136, Subdivision and Land Development.
(12) 
Site lighting. All parking area lighting shall be extinguished no later than one hour after the medical office closes or 9:00 p.m., whichever is earlier. All proposed parking area lights shall be mounted at a height of no greater than 20 feet above finished grade.
(13) 
Signage relating to the B-1 Medical Office use, other than any existing signs, shall comply with requirements applicable to the R-175 Residential District.
(14) 
Stormwater facilities shall be provided in accordance with the Towamencin Township Stormwater Management Ordinance,[4] with no exemptions provided, for any proposed impervious surface coverage greater than the allowable maximum for permitted uses in the R-175 Residential District.
[4]
Editor's Note: See Ch. 132, Stormwater Management.
In all R-125 Residential Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as setbacks, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the R-125 District provided that all applicable requirements for the use and district are satisfied:
E-6
Municipal Facility
R-1
Single-Family Detached Dwelling
A-3
Family Day-Care
A-4
Home Occupation
A-7
Recreation Vehicles
A-8
Residential Accessory Structures
A-9
Spa/Hot Tubs
A-10
Swimming Pools
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Accessory Buildings (600 square feet or less)
[Added 12-17-2003 by Ord. No. 03-09]
A-14
Home Office
[Added 12-19-2001 by Ord. No. 01-10]
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the R-125 District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
A-12
Nonresidential Accessory Buildings (601 square feet or more)
[Amended 12-17-2003 by Ord. No. 03-09]
E-9
Place of Worship
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the R-125 District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
R-10
Residential Conversion
A-1
Accessory Apartment1
A-18
Solar Energy System, Ground-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
A-20
Wind Energy System
[Added 2-24-2016 by Ord. No. 16-03]
NOTES:
1 For family member only.
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
All uses
30,000 square feet1
25,000 square feet2
Minimum lot width
All uses
125 feet1
115 feet2
NOTES:
1 For lots where neither public water or public sewer are provided, or where only public water or public sewer, but not both, is provided.
2 For lots where both public water and public sewer are provided.
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
All uses
50 feet1
40 feet2
Minimum side yards
All uses
20 feet1
15 feet2
Accessory structure3
10 feet
Minimum rear yards
All uses
40 feet1
30 feet2
Accessory structure3
10 feet
NOTES:
1 For lots where neither public water or public sewer are provided, or where only public water or public sewer, but not both, is provided.
2 For lots where both public water and public sewer are provided.
3 Permitted only for residential uses and located only to the rear of the principal building.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
20%1
Impervious coverage
All uses
35%2
NOTES:
1 Provided that the permissible minimum lot area is 25,000 square feet. For all other minimum lot areas, the total building coverage shall not exceed 18%.
2 Provided that the permissible minimum lot area is 25,000 square feet. For all other minimum lot areas, the total impervious coverage shall not exceed 30%.
E. 
Maximum height regulations.
Use Type
Requirement
Principal residential structure
35 feet, not exceeding 2 1/2 stories
Principal structure, nonresidential
65 feet1
Residential accessory structure
14 feet, not exceeding one story
NOTES:
1 By special exception from the Zoning Hearing Board, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot in width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking area or driveway shall be located closer than five feet to any property line, except the portion of the driveway required for normal ingress and egress.[1]
[1]
Editor's Note: Former Subsection G, Additional requirements for nonresidential storage buildings, which immediately followed this subsection, was repealed 12-17-2003 by Ord. No. 03-09.
In all R-50 Residential Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as setbacks, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the R-50 District provided that all applicable requirements for the use and district are satisfied:
E-6
Municipal Facility
R-1
Single-Family Detached Dwelling
R-3
Twin
R-4
Duplex Dwelling
A-7
Recreational Vehicle
A-8
Residential Accessory Structures
A-9
Spa/Hot Tubs
A-10
Swimming Pools
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Accessory Buildings (600 square feet or less)
[Added 12-17-2003 by Ord. No. 03-09]
A-14
Home Office
[Added 12-19-2001 by Ord. No. 01-10]
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the R-50 District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
A-12
Nonresidential Accessory Buildings (601 square feet or more)
[Added 12-17-2003 by Ord. No. 03-09]
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the R-50 District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
R-10
Residential Conversion
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
Single-family detached dwelling
12,000 square feet
Twin and duplex
7,500 square feet1
All other principal uses
15,000 square feet
Minimum lot width
Single-family detached dwelling
80 feet
Twin and duplex
50 feet1
All other principal uses
80 feet
NOTES:
1 Minimum lot size required for each individual unit.
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
All uses
25 feet
Minimum side yards
Single-family detached
15 feet
Twin and duplex
15 feet
All other principal uses
25 feet
Accessory structure1
5 feet
Minimum rear yards
All uses
25 feet
Accessory structure1
5 feet
NOTES:
1 Permitted only for residential uses and located only to the rear of the principal building.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
25%
Impervious coverage
All uses
40%
E. 
Maximum height regulations.
Use Type
Requirement
Principal residential structure
35 feet, not exceeding 2 1/2 stories
Principal structure, nonresidential
65 feet1
Residential accessory structure
14 feet, not exceeding one story
NOTES:
1 By special exception from the Zoning Hearing Board, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot in width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking area or driveway shall be located closer than five feet to any property line, except the portion of the driveway required for normal ingress and egress.
In all MH Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as setbacks, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the MH District provided that all applicable requirements for the use and district are satisfied:
E-6
Municipal Facility
R-7
Mobile or Modular Home
A-7
Recreational Vehicles
A-8
Residential Accessory Structures (excluding garages and carports for individual units)
A-10
Swimming Pools (for common use only and not for individual units within development)
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Accessory Buildings (600 square feet or less)
[Added 12-17-2003 by Ord. No. 03-09]
A-14
Home Office
[Added 12-19-2001 by Ord. No. 01-10]
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the MH District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
A-12
Nonresidential Accessory Buildings (601 square feet or more)
[Added 12-17-2003 by Ord. No. 03-09]
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the MH District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied: none.
B. 
Lot area, width, density, and open space requirements.
Regulation
Requirement
Minimum lot area
10 acres1
Maximum density
Four dwelling units per acre
Minimum lot width
350 feet
Common open space
At least 10% of the tract area must be designated for common open space usable for active recreational purposes; this area shall not include any required setback areas
NOTES:
1 Every area to be used for mobile or modular homes or other structures must be served exclusively by the municipal sanitary waste disposal system and a public water supply system.
C. 
Setback requirements.
(1) 
Setback from zoning district line. No dwelling unit or other building may be located closer than 40 feet from the MH District line. When adjacent to any residential district no dwelling unit or other building maybe located closer than 100 feet from the MH District line.
(2) 
Setback from property line. No dwelling unit or other building may be located closer than 20 feet from any property line within the MH District.
(3) 
Setback from streets. Except as indicated below, no dwelling unit or any side of another building or accessory use shall be located closer than 25 feet to the ultimate right-of-way line of any public interior street, or to the edge of the cartway, of interior roadways, or to the edge of any common pedestrian walkway, within a MH District. However, setbacks from the street from which the required parking area is accessed must meet the provisions of Subsection C(4) below and the required size of the parking area. A projection or small roof over the front door of a dwelling unit shall be permitted to encroach into the setback required by this paragraph provided such encroachment is no greater than five feet and the width of such projection does not exceed eight feet and the projection remains a roof only and is not enclosed in any way, inclusive of screening. No more than six homes in a row shall have the same setback; where varied setbacks are utilized, the difference shall be at least four feet.
(4) 
Setback from parking facilities. No dwelling unit or accessory use shall be located within 10 feet of any parking area, except in the case of attached carports or garages where no setbacks from the parking area shall be required and private parking spaces for a designated dwelling unit where the setback may be reduced to 7 1/2 feet between the dwelling unit and the parking spaces. The buffer must be planted with a continuous hedge of evergreens minimum three feet in height.
D. 
Distance between structures. Dwelling units and roofed structures shall be separated from each other, and from other buildings at their closest points by a minimum of 30 feet.
(1) 
Reduction of the distance between structures. The minimum distance between dwelling units may be reduced from 30 feet to 17 feet provided the following conditions have been met:
(a) 
The minimum distance shall also apply to the distance between a deck, patio, enclosed porch, and/or an area of an attached awning and the area of an adjacent dwelling unit, deck, patio, enclosed porch, and/or attached awning; and
(b) 
Such dwelling units shall be staggered so that no greater than 2/3 of any facade, when measured at right angles, shall be less than 30 feet to an adjacent dwelling unit, patio, enclosed porch, and/or attached awning area as permitted above.
E. 
Maximum coverage regulations.
(1) 
Impervious coverage: 50%.
F. 
Maximum height regulations.
(1) 
All structures: 35 feet, not exceeding 2 1/2 stories.
G. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking spaces or driveways shall be permitted in the forty- or one-hundred-foot zoning district setback line as the case may be.
H. 
Application, review and approval or disapproval. Plans for any development shall be submitted in accordance with the requirements of the Subdivision and Land Development Ordinance,[1] as last amended, and specifically in accordance with the plan requirement section and the processing procedure article therein.
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
In all MR Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the MR District provided that all applicable requirements for the use and district are satisfied:
E-6
Municipal Facility
R-4
Duplex Dwelling
R-5
Townhouse
R-6
Multiplex
R-12
Garden Apartment
A-10
Swimming Pool (for common use only and not for individual units)
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Accessory Buildings (600 square feet or less)
[Added 12-17-2003 by Ord. No. 03-09]
A-14
Home Office
[Added 12-19-2001 by Ord. No. 01-10]
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the MR District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
E-3
Day-Care Center/Nursery School
A-12
Nonresidential Accessory Buildings (601 square feet or more)
[Added 12-17-2003 by Ord. No. 03-09]
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the MR District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
R-9
Community/Group Home
R-11
Boarding Houses
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
Duplex development
1 acre
Townhouse development
2 acres
Multiplex development
2 acres
Garden apartment development
10 acres
All other principal uses
1 acre
Minimum lot width
Duplex
75 feet
Multiplex
250 feet
Garden apartment
450 feet
All other principal uses
125 feet
Units
Units
Regulation
Use Type
Per Acre
Per Building
Maximum density and units per building
Duplex
4
2
Townhouse
4
3 to 5
Multiplex
4
3 to 5
Garden apartment
4
8
All other principal uses
—
—
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
Garden apartments and multiplexes
75 feet
All other principal uses
25 feet
Minimum side yards
Duplex dwelling
15 feet
Garden apartment
50 feet1
Multiplex
40 feet1
All other principal uses
25 feet
Minimum rear yards
Garden apartment
75 feet1
Multiplex
60 feet1
All other principal uses
25 feet
NOTES:
1 A minimum setback of 100 feet is required where the adjoining lot is zoned or is used for other than garden apartment or multiplex residential purposes.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
25%
Impervious coverage
All uses
35%
E. 
Maximum height regulations.
Use Type
Requirement
Principal residential structure
35 feet, not exceeding 2 1/2 stories1
Principal structure, nonresidential
65 feet2
NOTES:
1 Excluding basements in garden apartments. Actual building heights for garden apartments may be restricted by the height limitations imposed by the Fire Department and the available water pressure and other pertinent conditions.
2 By special exception from the Zoning Hearing Board, provided that for every foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot in width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks:
(a) 
No building shall be located closer than 20 feet to any parking area or paved internal road.
(b) 
No individual dwelling unit's parking area or driveway shall be located closer than five feet to any property line, except for interior lots of townhouses or duplexes which can have zero setbacks, except the portion of the driveway required for normal ingress and egress.
G. 
Special district requirements. The general plan for garden apartments or multiplex development shall include evidence and facts showing that it has considered and made provisions for, and the development shall be executed in accordance with, the following essential conditions:
(1) 
General requirements.
(a) 
The proposed development shall be substantially in accordance with the Comprehensive Plan of the Township, shall consider the surrounding land features of the area including but not limited to residences, schools, parks, other reservations of open spaces, locations, width and grade of streets, location and arrangement of parking spaces, local and regional business areas and shopping centers, densities proposed for surrounding areas, and other such features as shall contribute to the harmonious development of the area, with due regard to the character of the neighborhood and its peculiar suitability for this type of use.
(b) 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping in accordance with the Subdivision and Land Development Ordinance,[1] as last amended.
[1] 
If the development 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.
[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.
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
(c) 
The area shall be adaptable to community development being located in relation to major thoroughfares, streets, railroads, public transportation, shopping or other facilities, and as far as possible shall have within or through it no major thoroughfare or other physical feature which will tend to destroy the neighborhood or community cohesiveness.
(d) 
There shall be no habitable dwelling unit with a floor elevation below the finished grade.
(e) 
Number of rooms. A one-bedroom unit shall contain a maximum of three rooms, exclusive of baths, halls and closets; each two-bedroom unit shall contain a maximum of four rooms, exclusive of baths, halls and closets; and each three-bedroom unit shall contain a maximum of five rooms, exclusive of baths, halls and closets. Separate dining areas or nonsleeping areas and their design within the unit may be provided if authorized as a special exception by the Zoning Hearing Board.
(2) 
In the case of a condominium development, the "declaration" recorded pursuant to the provisions of the Unit Property Act[2] of Pennsylvania shall contain the requirements that the Towamencin Township Supervisors be given notice of all meetings of the unit owners and all meetings of the council, together with a provision that the Towamencin Township Supervisors or their representatives shall be entitled to attend all such meetings. The "Code of Requirements" adopted pursuant to the Unit Property Act of Pennsylvania shall likewise contain a requirement that the Towamencin Township Supervisors or their representatives be given notice of, or shall have the right to attend, all meetings of unit owners and all meetings of the council.
(a) 
No permit for condominium development shall be granted until there shall have been filed with the Township Secretary a certified copy of the "declaration," the "declaration plan," and the "Code of Regulations," adopted in accordance with the Unit Property Act of Pennsylvania.
(b) 
In the event that all or part of the property subject to the unit "declaration" shall be removed from the provisions of the Unit Property Act by means of a "revocation" or an "amendment" recorded pursuant to the provisions of the Act, or by any other means whatsoever, then all use and occupancy of the units shall cease until such time as adequate provision has been made to assure proper maintenance of the common elements of the condominium and approved by the Township Supervisors.
[2]
Editor's Note: The former Unit Property Act was repealed 7-2-1980 by P.L. 286, No. 82. See now 68 Pa.C.S.A. § 3101 et seq.
In all MRC Residential Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the MRC District provided that all applicable requirements for the use and district are satisfied:
E-6
Municipal Facility
R-1
Single-Family Detached Dwelling
R-2
Small Lot Single
R-5
Townhouse
R-6
Multiplex
R-12
Garden Apartment
A-7
Recreational Vehicles
A-8
Residential Accessory Structures
A-9
Spa/Hot Tubs
A-10
Swimming Pools
A-11
Temporary Structures and Vehicles
A-14
Home Office
[Added 12-19-2001 by Ord. No. 01-10]
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the MRC District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied: none
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the MRC District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied: none
B. 
Prerequisites for MRC mixed residential cluster development. The following necessary conditions must be satisfied before the Board of Supervisors will consider a Zoning Map amendment to permit mixed residential cluster development:
(1) 
The tract of land proposed for mixed residential cluster development must contain a minimum area of 100 acres (excluding the rights-of-way of existing public roads).
(2) 
The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract and will be developed under single direction and completely in accordance with an overall approved plan.
(3) 
The tract of land to be developed shall be located in an area where the uses and density permitted in a mixed residential cluster development will be consistent with the objectives and intent of the Comprehensive Plan.
(4) 
The proposed development shall be served by both centralized water facilities and public sewer facilities deemed acceptable by the Board of Supervisors, upon recommendation by the Township Engineer.
C. 
Submission requirements for an application for rezoning to the MRC Mixed Residential Cluster District.
(1) 
A preliminary plan indicating the use of the entire tract shall be submitted in accordance with the Township Subdivision and Land Development Ordinance,[1] as last amended.
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
(2) 
The application for a Zoning Map amendment to permit mixed residential cluster development shall be accompanied by a development impact study prepared by a qualified individual or firm.
(3) 
The developer shall submit written evidence that he has an interest in the property in the proposed MRC site which shall consist in size of at least the minimum permitted tract size in the MRC District. This interest shall be in the form of a fee simple title; or an option to acquire a fee simple title within a specified time period; or a leasehold interest in excess of 40 years; or a substantial interest in a joint venture agreement, real estate investment trust or other real estate syndication which has or can obtain a fee simple title; or a marketable title subject to certain restraints which will not subsequently restrict its development within a reasonable time.
(4) 
All mortgages, easements, restricting land use, liens and judgments which may affect the site shall be identified.
D. 
Development regulations. The following development regulations shall apply for all proposed mixed residential cluster developments:
Regulation
Requirement
Minimum tract size
100 acres
Maximum permitted density
2.5 dwelling units per acre1
Required dwelling type mix
Minimum of three different unit types
Regulation
Use Type
Requirement
Minimum percentage of total units
Single-family detached
50%
Other unit types (each)
15%
NOTES:
1 Total acreage to be measured excluding the rights-of-way of existing public streets.
E. 
Lot area and width requirements for permitted use types within MRC District.
(1) 
Minimum lot area:
Use Type
Requirement
Single-family detached dwelling
12,000 square feet1
Townhouse
2,000 square feet2
Small lot singles
6,400 square feet3
Multiplex
3,500 square feet4,6
Garden apartment
2,000 square feet5,6
NOTES:
1 Provided that the average lot size is 14,000 square feet and provided further that no more than two minimum size lots shall be located side by side or back to back.
2 Provided that the average lot size is 2,500 square feet in area.
3 Provided that the average lot size is 8,500 square feet in area.
4 Per dwelling unit with a maximum net density of 10 dwelling units per acre.
5 Per dwelling unit with a maximum net density of 12 dwelling units per acre.
6 Net density includes all buildings and all required and associated use areas including access, parking, recreational facilities, and yards.
(2) 
Minimum lot width:
Use Type
Requirement
Single-family detached dwelling
80 feet1
Townhouse
20 feet1
Small lot single
60 feet3,4
Multiplex
200 feet
Garden apartment
350 feet
NOTES:
1 Provided that the lot width at the street line is not less than 50 feet.
2 Provided that the average lot and building width of all units is not less than 22 feet.
3 Provided that the lot width at the street line is not less than 40 feet.
4 Provided that the minimum lot width at the building setback line for a unit on the bulb of a cul-de-sac may be reduced to not less than 50 feet.
F. 
Setback requirements.
(1) 
Minimum front yard:
[Amended 12-19-2001 by Ord. No. 01-10]
Use Type
Requirement
Single-family detached dwelling
30 feet1
Townhouse and multiplex
35 feet1
Small lot single
25 feet2
Garden apartments
75 feet1
NOTES:
1 No more than 50% of the total dwelling units on a single street or parking court shall be located at the minimum setback line. Setback variations for single-family detached dwellings shall be no less than five feet and not more than six dwelling units in a row shall have the same setback. All fences shall comply with § 136-518 of the Towamencin Township Subdivision and Land Development Ordinance.
2 Provided that up to 40% of units may be reduced to 20 feet and further provided that no more than three lots with a setback of less than 25 feet shall be provided in a row. All fences shall comply with § 136-518 of the Towamencin Township Subdivision and Land Development Ordinance.
(2) 
Minimum side yards:1
Use Type
Requirement
Single-family detached dwelling
15 feet
Townhouse
10 feet
Small lot single
See Note 2
Multiplex
35 feet
Garden apartments
75 feet3
Accessory structures4
10 feet
NOTES:
1 Two side yards are required per dwelling unit or combination of dwelling units comprising a single building unless otherwise indicated.
2 One side setback shall be a minimum of five feet . The other side setback shall be a minimum of 14 feet. There shall be a minimum distance of 19 feet between houses on contiguous lots. No more than 60% of a publicly dedicated easement shall be used in calculating the distance of the side yard.
3 Individual buildings may have a minimum setback from lot lines of adjacent residential lots within the MRC development of 50 feet, and further provided that, where a building abuts permanent open space within the development, the setback can be reduced to 25 feet from the open space property line.
4 Permitted only for single-family detached dwellings (except where prohibited) and small lot singles. For single-family detached dwellings accessory structure must be located only in side and rear yards. For small lot singles, accessory structure must be located only in the building envelope and to the side or rear of the principal building.
(3) 
Minimum rear yards:
Use Type
Requirement
Single-family detached dwelling
30 feet
Townhouse
20 feet
Small lot single
25 feet
Multiplex
50 feet1
Garden apartments
75 feet1
Accessory structures2
10 feet
NOTES:
1 Individual buildings may have a minimum setback from lot lines of adjacent residential lots within the MRC development of 50 feet, and further provided that where a building abuts permanent open space within the development the setback can be reduced to 25 feet from the open space property line.
2 Permitted only for single-family detached dwellings (except where prohibited) and located only in side and rear yards.
G. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
Single-family detached dwelling
20%
Townhouse
50%
Small lot single
30%
Garden apartments and multiplex
35%
Impervious coverage
Single-family detached dwelling
40%
Townhouse
50%
Small lot single
55%
Multiplex and garden apartments
50%
H. 
Maximum height regulations.
(1) 
Principal structure: 35 feet, not exceeding 2 1/2 stories.
(2) 
Residential accessory structures: 14 feet, not exceeding one story.
I. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: Driveways may be located adjacent to side lot line.
J. 
Outparcels. The MRC District may contain separately-owned parcels of less than 100 acres which have not previously been developed or subdivided under the MRC District. Such parcels shall be governed by the following regulations:
(1) 
Lot area. The maximum permitted density on any outparcel proposed for subdivision shall be 2 1/2 dwelling units per gross acre (excluding the rights-of-way of existing public roads). However, in no case shall any lot be less than 18,000 square feet.
[Amended 7-22-2015 by Ord. No. 15-10]
(2) 
Lot width. A lot width of not less than 85 feet shall be required at the building setback line and 50 feet at the street line.
[Amended 10-28-2015 by Ord. No. 15-15]
(3) 
Use, yard and coverage requirements. Use, setback, coverage, height and parking requirements shall be in accordance with the single-family detached dwelling requirements of this article.
K. 
Special development regulations. The following special development regulations shall be applied to any proposed MRC development:
(1) 
Separation of use types. Different use types within a planned MRC development shall, to the greatest extent practicable, be separated by natural features.
(2) 
Buffer requirements.
(a) 
External. A buffer yard shall be required around the total perimeter of the tract. The yard shall be part of the area assigned to residential lots, unless the lots are expanded by the width of the buffer, and the use and function of the buffers are restricted by deed.
[1] 
Whenever structures with two or more dwelling units in the MRC District will abut existing single-family detached dwelling on an adjacent property, a buffer at least 15 feet wide shall be required which will eventually provide an effective visual screen at least 15 feet in height. The primary component of this buffer shall be a row of evergreen trees spaced not more than 10 feet apart on center, at least six feet in height when planted; secondary components shall include mounding, opaque fencing or other vegetative material as required by the Board of Supervisors.
[2] 
Whenever any residential units in the district will abut existing commercial or business development, or where the residential units in the MRC District would not be significantly different in terms of density and structural type than those which abut it, a less restrictive buffer may be required. This buffer shall also be at least 15 feet wide, but could be any combination of evergreen or deciduous vegetation, mounding or fencing which would ease and soften, but not essentially block the view from one side to the other, and would eventually attain a height of 15 feet.
[3] 
Buffer requirements can be waived by the Board of Supervisors wherever buffers exist which will fulfill the same function, or where the units in the MRC District will be of the same structural type, and approximately the same density of the dwelling units adjacent to the MRC District.
(b) 
Internal. Landscaped buffers at least 15 feet in width will be required within the MRC development whenever multifamily dwelling units abut other permitted housing types. The primary component of this buffer will be the same as detailed in the external buffer requirements specified in Subsection K(2)(a) above.
(3) 
Requirements for open space. The following regulations shall govern the characteristics and maintenance of the required open space created by an MRC mixed residential cluster development:
(a) 
Characteristics of required open space. Open space created shall have the following minimal requirements:
[1] 
The land area to be set aside for permanent preservation as open space shall be located and so shaped as to be suitable for the purpose intended. Consideration shall be given to contiguous portions of existing and potential open space lands in adjacent tracts. The Board of Supervisors may require the preservation in the Comprehensive Plan.
[2] 
A minimum of 25% of the gross tract acreage shall be set aside as open space land. At least 25% of all open space lands must be planned for active recreational purposes. In addition, open space land may be required to be set aside by the Board of Supervisors, at the recommendation of the Township Planning Commission, if in their opinion, the site contains appropriate land for such purposes, provided this does not result in restricting the applicant's entitlement to the maximum density permitted by this chapter.
[3] 
Any land in excess of the minimum percentage of open space land required herein, gained from reducing building lot areas pursuant to this chapter, may be used for either of the following:
[a] 
Additional open space land, for any of the proposed uses allowed by the provisions of this section.
[b] 
Building lots in excess of the minimum size required.
(b) 
Maintenance of required open space. The following requirements shall govern the maintenance of the required open space:
[1] 
The open space land to be set aside or reserved for park, woodlands, conservation, playground, active recreational use or other open space purposes, such as the preservation of natural features, must first be offered for dedication to the Township, or may be reserved for private use, if Township officials decline to accept the offer of dedication, in which case satisfactory arrangements shall be made, acceptable to the Township, for the maintenance of all such areas.
[2] 
The location, extent, and purpose of land proposed to be set aside for open space or for recreational use must be reviewed and approved by the Township Planning Commission before the provisions of this article apply. A private recreational use such as a golf course or a swimming pool, whose use is limited to the owners or occupants of lots located within the subdivision and other such nearby land-owners who may wish to become members of the corporation, may be approved as common land. Other uses on site which may qualify as common land may include but not be limited to, historic buildings or sites, natural parks and parkway areas, landscaped parks, bridle paths, landscaped walkways, extensive areas with tree cover, and the low land along streams or areas of rough terrain where such areas are extensive and have natural features worthy of preservation.
[3] 
Necessary covenants, easements and/or restrictions must be established to provide for public utilities, drainage, trails for hiking or bicycling, or any other permitted use designated for the benefit of owners or occupiers of the development if the open space is to be privately owned.
[4] 
If a development includes a proposal to dedicate to the Township land for park and/or open space use, under provisions of this section, the total land area to be dedicated shall be delineated on the subdivision plan with a note stipulating that the legal means of conveyance shall be by dedication.
[5] 
If a development includes, as part of its open space land, lands deemed by the Board of Supervisors with the recommendation of the Township Planning Commission to be a key element in the Township open space system according to the Towamencin Township Comprehensive Plan, such land shall be required to be dedicated to the Township.
[6] 
If the open space land is to be retained by the property owners, the Township will require that the property owners provide for and establish a homeowners' association, or other organization or funded community trust for the ownership and maintenance of the open space, and that such organization shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space, or by dedication to, and acceptance by the Township. In the event that a homeowners' association is contemplated, the association shall, to the greatest degree practicable, be established from the start of the project and all homeowners shall be a party thereof. In addition, homeowners' associations may, as determined appropriate by the Township Supervisors, maintain dedicated open space or lease back dedicated open space land from the Township.
[7] 
If the open space land is to be controlled by other than the Township, then all property owners of the tract shall have equal rights and obligations in the organization and these rights and obligations shall be included in all deeds which shall be properly recorded and the agreement containing these rights and obligations shall be approved by the Board of Supervisors at the same time as the plan is approved. In the event that the organization, established to own and maintain open space land, or any successor organization shall, at any time after establishment of the MRC development, fail to maintain the open space land in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the property owners of the MRC development setting forth the manner in which the organization has failed to maintain the open space land in reasonable condition, and said notice shall include a demand that such deficiencies or maintenance be corrected within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such a hearing the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days of any extension thereof, the Township, in order to preserve the taxable values of nearby properties and to prevent the open space land from becoming a public nuisance, may enter upon said open space, and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said open space, nor vest in the public any rights to use same. Before the expiration of said year, the Township shall, upon its initiative, or upon the request of the organization therefore responsible for the maintenance of the open space land, call a public hearing upon notice to such organization, or to be held by the Board of Supervisors, at which hearing such organization or the residents of the cluster development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Board of Supervisors shall determine that such organization is ready and able to maintain said open space land in reasonable condition, the Township shall cease to maintain said open space land at the end of said year. If the Board of Supervisors shall determine that such organization is not ready and able to maintain said open space land in a reasonable condition, the Township may in its discretion continue to maintain said open space land during the next succeeding year and, subject to a similar hearing and determination in each year thereafter.
[8] 
The cost of maintenance by the Township shall be assessed ratably against the properties within the development and shall become a lien on said properties. The Township, at the time of entering upon said open space land for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County, upon the properties affected by the lien within the MRC development.
(4) 
Development impact study. To ensure that a proposed MRC development will not have an adverse effect upon the natural features of the site, as well as upon the provision of light and air, water, transportation, police and fire protection, schools, utilities and other public facilities, the Board of Supervisors and the Township Planning Commission shall evaluate the impact of the development upon the site, the surrounding neighborhood, and the facilities and services of Towamencin Township as listed below. The applicant shall provide all of the information, data and studies needed to reach conclusive evaluations of these items.
(a) 
The conformance of the proposed development with the Comprehensive Plan of Towamencin Township, and compatibility with existing and proposed land uses adjacent to the site.
(b) 
The impact on existing floodplains, waterways, heavily wooded areas, steep slopes and other sensitive natural features, if any.
(c) 
The impact on the Township and regional transportation system and the ability of adjacent streets and inter-sections to efficiently and safely handle the traffic generated by the proposed development.
(d) 
The impact on the Township's school district including an estimate of new pupils generated by the proposed development.
(e) 
The impact on nearby commercial facilities within the Township and surrounding municipalities.
(f) 
The impact on public utilities including but not limited to sewage disposal, water supply, storm drainage and electrical utilities.
(g) 
The impact upon provisions of police and fire protection.
(h) 
The impact on the open space and recreation facilities of Towamencin Township.
(i) 
The impact upon the character of the surrounding neighborhood. The applicant must show the proposed development will not adversely affect the surrounding neighborhood.
(j) 
Required documentation shall include the following:
[1] 
The location and size of the site, with evidence supporting the general adequacy for development.
[2] 
The proposed residential density of the development and the percentage mix of the various dwelling types.
[3] 
The location, size, accessibility and proposed use of the open space, manner of ownership and maintenance, and a copy of the covenant to be incorporated in the individual deeds, if applicable.
[4] 
Conceptual plans of proposed utility and drainage systems.
[5] 
Plans and renderings indicating the design, unity and aesthetic relationship of building and landscaping within the proposed development.
[6] 
The text of covenants, easements and existing restrictions or those to be imposed upon the land or structure including provisions for public utilities, and trails for such activities as hiking or bicycling, if applicable.
(5) 
Evaluation of development impact study. The development impact study required in herein, shall be evaluated to determine the suitability of the site in question to accommodate the magnitude of development proposed, as well as the impact of the proposed development on the community facilities and services of Towamencin Township. The following alternative findings shall result from the evaluation process:
(a) 
Evaluation which leads to a positive assessment for a proposed development shall be approved by the Board.
(b) 
Evaluations which lead to an overall negative assessment for a proposed development shall lead to a denial by the Board.
(c) 
Evaluations which lead to an overall negative assessment for a proposed development may lead to a conditional approval by the Board either: when the developer agrees to undertake activities or improvements which will compensate or correct deficiencies or negative impacts caused by the implementation of the proposed development; or when the developer agrees to implement the proposed development at a lower density, as specified by the Board.
(6) 
Special development regulations for small lot singles. The following special development regulations shall apply to all small lot single-family detached dwelling units within a planned MRC development:
(a) 
Deed restriction against construction outside of building envelope. Before approval of any subdivision plan in accordance with this subsection, the plan shall show clearly, in a manner acceptable to the Board of Supervisors, with appropriate legends, those areas outside of the required setback areas where additional building or structures are prohibited. The owner and/or developer conveying any lot developed hereunder shall insert in the agreement of sale for each of the lots a provision informing the prospective buyer of the size of the lot, that permission to construct single-family detached homes on said lot was obtained from the Board of Supervisors on the condition of insertion of such a deed restriction to be recorded within the deed upon the conveyance of each lot which shall prohibit any construction outside the building envelope. As a further restriction, the developer/owner shall require that the owner or user of any lot shall not allow to be parked thereon, any vehicle greater than 19 feet in length.
(b) 
Contiguous open space requirement. In considering any proposal of development in accordance with this section, the Board of Supervisors shall require a provision of contiguous open space of at least 25% of the land area in the area developed under this subsection.
(c) 
Fences. Notwithstanding anything to the contrary contained in this chapter or Subsection K(6)(a), above, fences constructed in accordance with this chapter shall be permitted outside of the building envelope.
In all VC Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the VC District provided that all applicable requirements for the use and district are satisfied:
(a) 
The following uses are permitted on a minimum lot size of 5,000 square feet:
R-3
Twin (per unit)
(b) 
The following uses are permitted on a minimum lot size of 10,000 square feet:
B-1
Medical Office
B-2
Office
R-1
Single-family Detached Dwelling
R-4
Duplex Dwelling
A-2
Dwelling in Combination with Business
A-3
Family Day-Care
A-4
Home Occupation
A-8
Residential Accessory Structures
A-9
Spa/Hot Tubs
A-10
Swimming Pools
A-11
Temporary Structures and Vehicles
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(c) 
The following uses are permitted on a minimum lot size of 20,000 square feet:
C-15
Repair Shop
C-16
Retail Trade and Retail Services
(d) 
The following uses are permitted on a minimum lot size of 40,000 square feet:
C-5
Convenience Store
C-6
Eating Place
[Added 8-24-2005 by Ord. No. 05-03]
C-9
Financial Establishment
C-10
Funeral Home
E-2
Commercial School
E-3
Day-Care Center/Nursery School
E-6
Municipal Facility
E-10
Private Organization
(e) 
The following uses are permitted on a minimum lot size of 120,000 square feet:
B-5
Business Center
A-13
Accessory Business Park or Business Center Uses
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the VC District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
B-6
Conversion
A-15
Convenience Window (on lots greater than 40,000 square feet only)
[Added 8-24-2005 by Ord. No. 05-03]
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the VC District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
R-10
Residential Conversion
B. 
Lot area, frontage and width requirements.
Regulation
Lot Size
Requirement
Minimum lot area
As described in Subsection A(1) above
Minimum frontage at street line
5,000+ s.f.
40 feet
10,000+ s.f.
50 feet
Minimum lot width
5,000+ s.f.
45 feet
10,000+ s.f.
65 feet
20,000+ s.f.
100 feet
40,000+ s.f.
150 feet
C. 
Setback requirements.
Regulation
Lot Size
Requirement
Minimum front yard
5,000+ s.f.
25 feet
40,000+ s.f.
30 feet
Minimum side yards
5,000+ s.f.
0 feet
10,000+ s.f.
5 feet
20,000+ s.f.
10 feet
40,000+ s.f.
20 feet
Aggregate side yards
5,000+ s.f.
15 feet
10,000+ s.f.
30 feet
20,000+ s.f.
35 feet
40,000+ s.f.
60 feet
Minimum rear yards
5,000+ s.f.
25 feet
20,000+ s.f.
30 feet
Minimum landscape buffer1
5,000+ s.f.
20,000+ s.f.
25 feet
30 feet
40,000+ s.f.
35 feet
Residential accessory structures: An accessory structure is permitted only for single-family detached, twin, and duplex dwelling units and must be located to the rear of such principal building and must be no closer than 10 feet from a side or rear property line.
NOTES:
1 All yards abutting a residential district shall be landscaped in accordance with the requirements of the Subdivision and Land Development Ordinance, as last amended.
D. 
Maximum coverage regulations.
Regulation
Lot Size
Requirement
Building coverage
5,000+ s.f.
15%
40,000+ s.f.
20%
Impervious coverage
5,000+ s.f.
75%
40,000+ s.f.
65%
E. 
Maximum height regulations.
(1) 
Principal structure: 35 feet, not exceeding 2 1/2 stories.
(2) 
Residential accessory structures: 14 feet, not exceeding one story.
F. 
Access regulations. The following regulations shall pertain to access for all lots to be developed in the Village Commercial District:
(1) 
Accessways leading onto a public street shall be built to the dimensional requirements specified in the Subdivision and Land Development Ordinance,[1] as last amended.
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
(2) 
For any lot used for development pursuant to this section, or for a group of two or more lots which share parking pursuant to requirements of § 153-703, no more than two points of access onto a street may be permitted.
(3) 
Any lot with less than 150 feet at the front street line shall be limited to one access onto that street. A second access shall be permitted only if the side or rear lot lines abut another street.
(4) 
Accessways shall be spaced a minimum of 50 feet on center of any lot used for development pursuant to this section, or for a group of two or more lots which share parking pursuant to requirements of § 153-703 herein. In addition, accessways shall be spaced a minimum of 50 feet on center from existing accessways on adjacent properties whenever feasible. When this is not feasible, common drives and/or the use of shared common parking pursuant to § 153-703 herein shall be encouraged.
(5) 
Adjacent uses are encouraged to share accessways in order to minimize points of access on any street.
(6) 
When a driveway is located in a side yard entirely on one lot, that side yard must be a minimum of 25 feet and the driveway must be set back a minimum of five feet from the side property.
G. 
Parking and internal circulation. The following regulations shall govern parking and circulation within lots to be developed in the Village Commercial District:
(1) 
Parking shall be in accordance with all provisions of this chapter and the Township Subdivision and Land Development Ordinance, as last amended.
(2) 
The number of parking spaces required for any development shall be regulated by the requirements contained in § 153-502. For mixed-use structures, the parking provided shall be equal to the sum total of required spaces for all uses contained herein.
(3) 
No parking shall be permitted in the front yard except for properties used for residential purposes.
(4) 
No parking shall be located closer than five feet to the side or rear property lines.
In all PBC Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the PBC District provided that all applicable requirements for the use and district are satisfied:
B-2
Office
B-4
Planned Business Park
C-6
Eating Place
C-9
Financial Establishment
E-6
Municipal Facility
A-11
Temporary Structures and Vehicles
A-13
Accessory Business Park or Business Center Uses
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the PBC District provided that all of the conditions for said use, this district and the conditional use regulations of this chapter are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing:
[Amended 1-22-2014 by Ord. No. 14-02]
B-7
Medical Equipment Offices and Distribution
C-13
Motel or Hotel
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the PBC District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
[Amended 2-24-2016 by Ord. No. 16-03]
A-20
Wind Energy System
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
Planned business parks
20 acres
All other uses
3 acres
Minimum lot width
Planned business parks
650 feet
All other uses
100 feet
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
Planned business parks 100 feet
All other uses 50 feet
Minimum side yards (each)
Planned business parks 50 feet1
100 feet2
All other uses
20 feet
Minimum rear yards
Planned business parks
50 feet1
100 feet2
All other uses 35 feet
NOTES:
1 From nonresidential lot line or district boundary. [Refer to Subsection G(2) below.]
2 From residential lot line or district boundary. [Refer to Subsection G(1) below.]
D. 
Maximum coverage and minimum open space regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
35%
Impervious coverage
All uses
70%
Common open space
All uses
20%1
NOTES:
1 Refer to Subsection G(7) below.
E. 
Maximum height regulations.
Use Type
Requirement
All buildings
40 feet1
NOTES:
1 This maximum building height may be increased to 55 feet if the applicant funds the appropriate fire-fighting equipment capable of adequately protecting the increased height, provided approval is granted by the Board of Supervisors as a conditional use in accordance with the standards and criteria set forth herein.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: Refer to Subsection G(8) below.
G. 
Special district requirements.
(1) 
Residential district boundary yard. The following setbacks and berm provisions shall apply if a lot is abutting or immediately adjacent to a residential zoning district, unless an expressway is located adjacent to the planned business park development:
(a) 
Buildings with a maximum height of 20 feet shall have a minimum building setback of 100 feet from a residential zoning district boundary.
(b) 
Buildings with a maximum height of greater than 20 feet shall have a minimum building setback determined as follows: 100 feet, plus four feet for every foot of building height over 20 feet.
(c) 
If a building in a planned business park development is within 200 feet of an abutting residential zoned lot occupied by an existing residential use, an earthen berm shall be placed between such building and the residential use and such berm shall meet the following standards:
[1] 
The berm shall have a minimum average height of five feet above the average ground level on the residential side of the berm.
[2] 
The berm shall have a maximum side slope of four to one on the residential side, and three to one on the planned business park side.
[3] 
The majority of all of the plant material required to be planted between residential and a planned business park shall be located on the top or on the residential facing of the berm.
[4] 
The berm shall be well maintained in grass or other vegetative ground cover and shall be kept free of rubbish and weeds.
(2) 
Nonresidential district boundary setback. The following setbacks shall apply to a lot abutting or immediately adjacent to a nonresidential zoning district, except along a property line that is adjacent to an expressway:
(a) 
Buildings with a maximum height of 20 feet shall have a minimum building setback of 50 feet from a nonresidential zoning district boundary.
(b) 
Buildings with a maximum height of greater than 20 feet shall have a minimum building setback determined as follows: 50 feet, plus four feet for every one foot of building height over 20 feet.
(3) 
Each building shall be set back a minimum of 50 feet from the existing right-of-way of an expressway.
(4) 
Where a lot is developed with two or more buildings, the minimum distance between buildings shall be not less than 1 1/2 times the height of the taller building, but in no case less than 40 feet, subject to public safety approval.
(5) 
Building coverage. The total horizontal ground area covered by all buildings shall not be greater than 35% of the lot area.
(6) 
Impervious coverage. The total horizontal ground area covered by all impervious services of any lot shall not be greater than 70% of the lot area. Any areas voluntarily dedicated to and accepted by the Township for public recreation may count toward the nonimpervious area requirements of the planned business park.
(7) 
Common open space. A minimum of 20% of the land and/or water within a planned business park lot shall be permanently set aside as common open space. The land area to be set aside for permanent preservation as open space shall be located and so shaped as to be suitable for the purpose intended, or improved so that it is well suited. The Board of Supervisors may require the preservation in the comprehensive plan. Of the required common open space, a minimum of 50% shall be located in one continuous tract, with a minimum width of 25 feet. Consideration shall be given to contiguous portions of existing and potential open space lands in adjacent tracts.
(8) 
No parking or driveway shall be located within the required yard areas except that portion of the driveway required for normal ingress and egress, and as specified below:
(a) 
Within 100 feet of an abutting residential zoning district boundary.
(b) 
Within 20 feet of the legal right-of-way of an expressway.
(c) 
The Board of Supervisors may waive the setback requirement for parking as a conditional use in accordance with the standards and criteria set forth herein, where adjacent developments are to utilize a common parking lot designed to function as one unit. In such cases, the required number of parking spaces for each of the uses shall be located on the respective lot, and all necessary cross-easements shall be granted.
(9) 
Outdoor storage. Outdoor storage is prohibited within a planned business park except for customary accessory solid waste containers. All outdoor bulk solid waste containers shall be enclosed on three of four sides in accordance with the requirements of the Subdivision and Land Development Ordinance,[1] as last amended.
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
(10) 
Screening of loading areas. Any loading or unloading spaces routinely expected to be used by trucks with two or more axles, shall be screened from view of dwellings and streets exterior to the planned business park development. Such screening may include building walls, decorative masonry walls or landscaping.
H. 
Signs. The requirements of Article VIII of this chapter shall apply to all planned business park developments.
I. 
Additional requirements.
(1) 
Hazards. The following types of uses shall be prohibited in the planned business park development:
(a) 
Uses that, in the determination of the Zoning Officer, would represent a hazard to public health or safety because of toxic, explosive, genetic, fire, biological or similar hazards.
(b) 
Uses that are classified within the "H hazardous use classification" of the Township's Building Code.[2]
[2]
Editor's Note: See Ch. 62, Construction Codes.
(2) 
Maintenance guarantees in addition to those as set forth in the Subdivision and Land Development Ordinance,[3] as last amended:
(a) 
The deed to each lot shall include a restriction or covenant running with the land setting forth the ownership and maintenance of any and all common facilities that are not dedicated to the Township or to a Municipal Authority. Said facilities include but are not necessarily limited to: driveways, streets, waste water pumping stations, sewer and water mains, common open spaces or stormwater management facilities. Such deed restrictions shall grant the Board of Supervisors the authority to ensure that these facilities are adequately maintained.
(b) 
If the Board of Supervisors determines that such facilities are not being adequately maintained, the Board shall notify all owners of record in writing. If such maintenance or repairs are not reasonably begun and continued within 30 days after sending of such notice, then the Board shall be granted the authority under such deed restrictions or covenants to have the necessary work completed and to assess the owners of record full costs of such work, plus 20% to compensate for the Township's administrative costs.
(c) 
The provisions of such deed restrictions or covenants shall be subject to acceptance by the Board of Supervisors, based upon review by the Township Solicitor.
[3]
Editor's Note: See Ch. 136, Subdivision and Land Development.
(3) 
All exterior lighting shall be shaded, hooded, deflected or otherwise screened to prevent the direct rays of the light from shining onto residentially zoned areas and to prevent glare from disturbing motorists on streets or access drives.
(4) 
Utilities. All utility lines within a planned business park development shall be underground, other than those along abutting exterior public streets.
(5) 
Conditional use standards. Conditional uses in a planned business park development, in addition to compliance with the general provisions of Article X of this chapter, shall be decided based upon the applicant proving that the use will meet the following standards:
(a) 
Consistency with the intent of the planned business park use type.
(b) 
Any standards stated in the applicable provision of this article related to that specific conditional use.
(c) 
Standards stated in Article X herein related to conditional uses.
(6) 
Eating place requirements. The following additional requirements shall apply to eating place uses within a planned business park development:
(a) 
Shall not be a fast food eating place and shall not include drive-through facilities.
(b) 
May be located within a freestanding building or within another permitted building.
(c) 
Shall have traffic access that is fully incorporated into that of the entire planned business park development.
(d) 
May be within a hotel and limited to a maximum of 10% of the total floor area of such building.
In all SC Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the SC District provided that all applicable requirements for the use and district are satisfied:
B-1
Medical Office
B-2
Office
C-5
Convenience Store
C-6
Eating Place
C-8
Entertainment
C-9
Financial Establishment
C-15
Repair Shop
C-16
Retail Trade and Retail Services
C-18
Shopping Center
E-2
Commercial School
E-3
Day-Care Center/Nursery School
E-6
Municipal Facility
A-11
Temporary Structures and Vehicles
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the SC District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
E-11
Recreational Facility/Community Center
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the SC District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
C-7
Eating Place (drive-through and fast-food on a separate pad only)
A-15
Convenience Window
[Added 12-19-2001 by Ord. No. 01-10]
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
Shopping center use
5 acres
All other uses
1 acre
Minimum lot width
Shopping center use
350 feet
All other uses
125 feet
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
Shopping center use
100 feet1
All other uses
50 feet1
Minimum side yards
Shopping center use
25 feet2
50 feet3
All other uses
25 feet
Minimum rear yards
Shopping center use
25 feet2
50 feet3
All other uses
35 feet
NOTES:
1 To the ultimate right-of-way of any public street, road, or alley.
2 From any property line.
3 For a side or rear property line adjacent to an agricultural or residential use or district.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
Shopping center use
20%
All other uses
40%
Impervious coverage
Shopping center use
50%
All other uses
75%
E. 
Maximum height regulations.
Use Type
Requirement
Principal structure
40 feet1
NOTES:
1 May be increased to a maximum of 65 feet or such increased height as may be warranted when approved by the Zoning Hearing Board for such structures as water towers, chimneys, stacks, radio antennae and transmission towers provided that for every foot of height in excess of 40 feet there shall be added to each yard requirement one corresponding foot of width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking, parking access or service area may be located closer than 25 feet to a side or rear property line adjacent to a residential district.
In all C Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the C District provided that all applicable requirements for the use and district are satisfied:
B-1
Medical Office
B-2
Office
C-5
Convenience Store
C-6
Eating Place
C-8
Entertainment
C-9
Financial Establishment
C-10
Funeral Home
C-15
Repair Shop
C-16
Retail Trade and Retail Services
E-2
Commercial School
E-3
Day-Care Center/Nursery School
E-6
Municipal Facility
A-2
Dwelling in Combination with a Business
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Storage Building
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
A-19
Attached Exterior Refrigeration Units
[Added 2-26-2015 by Ord. No. 15-04]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the C District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
C-2
Vehicle and Equipment Sales
C-4
Car Wash
C-7
Eating Place - Drive Through and Fast Food
C-13
Motel or Hotel
C-20
Miniature Golf, Driving Range, Batting Cage
C-23
Limited-Access Self-Storage Facility
[Added 12-11-2019 by Ord. No. 19-13]
E-10
Private Organization
E-11
Recreational Facility/Community Center
A-15
Convenience Window
[Added 12-19-2001 by Ord. No. 01-10]
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the C District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
B-3
Veterinary Office or Clinic
C-1
Adult Entertainment
C-17
Vehicular Repair and Service Station
I-2
Building Material Sales and Equipment Storage
(4) 
Accessory uses. By conditional use, the sale of gasoline shall be permitted as an accessory use to a C-5 Convenience Store which is situated on a parcel or parcels of land or pad site of at least 1.25 acres, provided that the parcel of land or pad site is on property located on an arterial highway or controlled access road; provided that the convenience store itself does not exceed 10,000 square feet in gross floor area; provided that adequate parking, in accordance with the Zoning Ordinance is provided on the parcel or pad site; and further provided that the grant of permission for gasoline sales shall specifically be conditioned upon site access and interior circulation being designed to the satisfaction of the Board of Supervisors during the land development approval process. Furthermore, should the site be within the designated boundaries of the Towamencin Village Overlay District on the Township Zoning Map, the following design elements shall specifically be in accordance with the Towamencin Village Land Use and Design Manual, whether or not the owner and/or applicant has opted in to the Village Overlay District:
[Added 9-12-2007 by Ord. No. 07-06; amended 8-13-2008 by Ord. No. 08-03; 5-11-2016 by Ord. No. 16-09]
(a) 
Each applicant shall submit architectural drawings showing concepts for facades, roof design, and materials for buildings and structured parking facilities and incorporate specific design standards in order to qualify for conditional use approval.
(b) 
These design standards shall include, but may not necessarily be limited to, building and streetscape elements such as the type of lighting, sidewalk design, street furniture, street signs, and architectural details and facade materials. The streetscape elements shall be required along the frontage of the site where the convenience store is located.
(c) 
The Board of Supervisors may at its discretion waive or modify requirements contained within the Towamencin Village Land Use and Design Manual upon determination that strict compliance would not further the purpose and intent of the chapter.
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
All uses1
1 acre
Minimum lot width
All uses
150 feet
NOTES:
1 For the one A-2 dwelling unit permitted per lot as an accessory use to a permitted use on such lot, an additional 5,000 square feet of lot area shall be added to the minimum requirements herein.
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
All uses
25 feet
Minimum side yards
All uses
25 feet1
Minimum rear yards
All uses
20 feet
NOTES:
1 On a lot the interior side of which abuts a residential district, the side yard shall have a width of not less than that required in the adjoining district.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
65%
Impervious coverage
All uses
85%
E. 
Maximum height regulations.
Use Type
Requirement
Principal structure
40 feet1
NOTES:
1 May be increased to a maximum of 65 feet or such increased height as may be warranted when approved by the Zoning Hearing Board for such structures as water towers, chimneys, stacks, radio antennae and transmission towers provided that for every foot of height in excess of 40 feet there shall be added to each yard requirement one corresponding foot of width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking area or driveway shall be located closer than 10 feet to any property line, except the portion of the driveway required for normal ingress and egress.
In all LI Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the LI District provided that all applicable requirements for the use and district are satisfied:
Ag-1
Agriculture
Ag-3
Greenhouse
Ag-6
Nursery
Ag-8
Agricultural Support Services and Retail
B-2
Office
B-4
Planned Business Park
C-12
Self-Service Storage Facility
E-6
Municipal Use
I-2
Building Material Sales and Equipment Storage
I-3
Contractor Services
I-4
Food Processing
I-9
Wholesale
I-10
Warehouse
U-1
Utility Operating Facility
U-2
Emergency Service
U-3
Railway and Bus Terminal
A-2
Dwelling in Combination with a Business
A-6
Outside Storage
A-11
Temporary Structure and Vehicles
A-12
Nonresidential Storage Buildings
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
A-20
Wind Energy System
[Added 2-24-2016 by Ord. No. 16-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the LI District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
[Amended 4-24-2002 by Ord. No. 02-3; 4-22-2009 by Ord. No. 09-07; 12-14-2011 by Ord. No. 11-10]
Ag-2
Accessory Agriculture Sales/Farm Stands
Ag-4
Intensive Agriculture
Ag-7
Riding Academy/Boarding Stable
B-1
Medical Office1
C-3
Automotive Body Repair, Vehicle Repair and Paint Shop
C-21
Billboard
E-3
Day-Care Center/Nursery School
E-13
Industrial Trade School
I-1
Automotive Salvage Recycling
I-5
Manufacturing
I-6
Recycling Facility
I-7
Research
I-8
Truck Terminal
I-11
Quarry
I-12
Equipment Sales and Rentals
I-13
Off-Site Parking Lot or Garage
[Added 2-12-2020 by Ord. No. 20-02]
A-16
Accessory Limited Retail Sales
U-4
Solar Energy Facility
[Added 2-26-2015 by Ord. No. 15-03]
NOTES:
1If no land development is required, the applicant must agree to pay the Towamencin Township impact fees (Chapter 76, Article II), with the fee to be calculated as the difference between the preexisting permitted trips and the trips to be generated by the proposed B-1 Medical Office. This calculation is to be performed by the Township Traffic Engineer and the fee is to be payable at the time of the application for the use and occupancy permit(s).
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the LI District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
[Amended 2-26-2015 by Ord. No. 15-03]
A-18
Solar Energy System, Ground-Mounted
(4) 
Uses specifically prohibited. The following uses shall be specifically prohibited:
(a) 
Acetylene gas manufacture and/or storage.
(b) 
Acid manufacture including, but not limited to, hydrochloric, nitric, picric, sulfuric, sulfanous, and carbolic acids.
(c) 
Ammonia, bleaching powder or chlorine manufacture.
(d) 
Ammunition manufacture and/or storage.
(e) 
Animal stock yards.
(f) 
Arsenal.
(g) 
Asphalt manufacture or refining.
(h) 
Blast furnace.
(i) 
Bone distillation.
(j) 
Celluloid manufacture.
(k) 
Cement, lime, gypsum, or plaster of paris manufacture.
(l) 
Coal distillation.
(m) 
Coke ovens.
(n) 
Creosote treatment or manufacture.
(o) 
Dead animal and offal reduction.
(p) 
Distillation of refuse grain or wood.
(q) 
Explosives, fireworks and gunpowder manufacture or storage.
(r) 
Fat rendering.
(s) 
Fertilizer manufacture.
(t) 
Forge plant.
(u) 
Incineration, reduction, storage, or dumping of slaughterhouse refuse, rancid fats, garbage, dead animal or offal.
(v) 
Landfill or hazardous or toxic waste storage, processing or disposal.
(w) 
Manufacture or processing of gases.
(x) 
Oilcloth or linoleum manufacture.
(y) 
Ore reduction.
(z) 
Petroleum or kerosene refining, distillation or derivation of by-products and/or storage.
(aa) 
Potash works.
(bb) 
Power forge (riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron, steel, brass, or copper, except as necessary incident of manufacture of which these processes form a minor part).
(cc) 
Rolling mill.
(dd) 
Steel furnace, blooming or rolling mill.
(ee) 
Tar distillation or manufacture.
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
All uses
3 acres
Minimum lot width
All uses
300 feet
C. 
Setback requirements.
[Amended 10-28-2015 by Ord. No. 15-15]
Regulation
Use Type
Requirement
Minimum front yard
All uses
75 feet1
Minimum side yards (each)
All uses
20 feet1
Minimum rear yards
All uses
50 feet1
NOTES:
1 Any yard which abuts and is immediately adjacent to a residential zoning district shall not be less than 200 feet in depth. This note shall not apply where the adjacent residentially zoned land is owned by a public utility which is not likely to develop the property residentially, and which is at least 200 feet in depth.
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
20%1
Impervious coverage
All uses
50%2
Floor area ratio
All uses
70%
NOTES:
1 For a lot size of three acres. An additional 2 ½% of the lot area may be occupied by principal and accessory buildings for each full acre or fraction thereof in excess of three acres, up to a maximum lot coverage of 35% for an individual lot size of nine acres or more. In no event shall principal and accessory buildings occupy more than 35% of the lot area, regardless of the individual lot size.
2 Impervious coverage may be increased by the same corresponding percentage as permitted for increased building coverage but in no case shall that coverage exceed 65% of the lot area, regardless of the individual lot size.
E. 
Maximum height regulations.
Use Type
Requirement
Principal structures
40 feet1
NOTES:
1 May be increased to a maximum of 65 feet or such increased height as may be warranted when approved by the Zoning Hearing Board for such structures as water towers, chimneys, stacks, radio antennae and transmission towers provided that for every foot of height in excess of 40 feet there shall be added to each yard requirement one corresponding foot of width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: There shall be no parking in the front or side yards, and there shall be no parking area or driveway located closer than 10 feet to any property line, except the portion of the driveway required for normal ingress and egress. Where a lot abuts and is immediately adjacent to a residential district, there shall be no parking within 50 feet of that property line.
G. 
Compressors. All compressors shall be enclosed with a solid wall or fence with a height at least three feet in excess of the height of the compressor.
In all IN Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses and no others shall be permitted by right within the IN District provided that all applicable requirements for the use and district are satisfied:
B-1
Medical Office
C-10
Funeral Home
E-1
Cemetery
E-4
Hospital
E-5
Library or Museum
E-6
Municipal Facility
E-7
Nursing Home
E-8
Personal Care Facility
E-9
Place of Worship
E-12
School
R-8
Housing for the Elderly
R-9
Community/Group Home
A-11
Temporary Structures and Vehicles
A-12
Nonresidential Storage Buildings
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the IN District provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
E-3
Day-Care Center/Nursery School
E-13
Industrial Trade School
U-2
Emergency Service
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the IN District provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
[Amended 2-26-2015 by Ord. No. 15-03]
A-18
Solar Energy System, Ground-Mounted
A-20
Wind Energy System
[Added 2-24-2016 by Ord. No. 16-03]
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
All uses
2 acres
Minimum lot width
All uses
175 feet
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
All uses
75 feet
Minimum side yards (each)
All uses
35 feet
Minimum rear yards
All uses
50 feet
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
20%
Impervious coverage
All uses
50%
E. 
Maximum height regulations.
[Amended 1-26-2022 by Ord. No. 22-01]
Use Type
Requirement
All structures
35 feet12
NOTES:
1 May be increased to a maximum of 65 feet or such increased height as may be warranted when approved by the Zoning Hearing Board for such structures as water towers, chimneys, stacks, steeples, silos and antennae, provided that for every one foot of height in excess of 35 feet there shall be added to each yard requirement one corresponding foot of width or depth.
2 A building height may be increased to 60 feet by conditional use approval of the Board of Supervisors provided that any portion of the building in excess of 35 feet in height shall be set back an additional corresponding foot from the required minimum yard setback width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type.
(2) 
Setbacks: No parking area or driveway shall be located closer than 20 feet to any property line, except the portion of the driveway required for normal ingress and egress.
G. 
Compressors. All compressors shall be enclosed by a solid wall or fence of a height of at least three feet in excess of the height of the compressor.
A. 
Permitted land uses. A building may be erected, altered, or used in whole or in part, and a lot may be used or occupied for any of the following purposes and no other, provided that such uses and location shall comply with the Towamencin Village Master Plan, as delineated by the Towamencin Village Land Use and Design Manual, as may be amended and appended to the Zoning Ordinance.
(1) 
Uses by conditional use.
[Amended 2-26-2015 by Ord. No. 15-01; 2-26-2015 by Ord. No. 15-03; 9-25-2019 by Ord. No. 19-12; 1-8-2020 by Ord. No. 20-01]
B
Business
B-1
Medical Office
B-2
Office
B-8
Medical Laboratory or Medical Office with Surgical Center
C
Commercial
C-5
Convenience Store
C-6
Eating Place
C-7
Eating Place – Drive-Through and Fast Food
C-8
Entertainment
C-9
Financial Establishment
C-13
Hotel/Motel
C-16
Retail Trade and Retail Services
C-17
Vehicle Repair and Service Station
C-22
Health Club
E
Educational and Institutional
E-3
Day-Care Center/Nursery School
E-7
Nursing Home
E-8
Personal Care Facility
R
Residential
R-5
Townhouse
R-6
Multiplex
R-8
Housing for the Elderly
R-12
Garden Apartment
A
Accessory uses permitted only accessory to authorized conditional uses
A-17
Solar Energy System, Roof-Mounted
B. 
Uses permitted by land use sector. The Towamencin Village Overlay District shall be divided into twelve sectors as designated in the Towamencin Village Land Use and Design Manual. Uses shall be permitted by individual sector as designated on the Table of Permitted Land Uses.
[Amended 1-8-2020 by Ord. No. 20-01]
(1) 
Uses permitted in all sectors in accordance with the Land Use and Design Manual.
(a) 
Public open space, plazas, and recreation areas;
(b) 
Bicycle and walking trails;
(c) 
Bus lanes, bus stops;
(d) 
Directional signs;
(e) 
Structured parking facilities (except in Sectors 6 and 8).
(2) 
Unless specified to the contrary, sectors shall be designated to the center lines of existing and proposed roads.
C. 
Setback and frontage requirements.
(1) 
Minimum and maximum setbacks from streets and perimeter boundary of the Towamencin Village Overlay District shall be in accordance with the Towamencin Village Land Use and Design Manual. Open and unenclosed fire escapes, steps, bay windows, balconies, and planters may not project more than three feet into a required setback. Buttresses, cornices, piers, pilasters, columns, column covers, and eves of a building may project not more than 18 inches into a required setback. Signs shall not be permitted to intrude into required setbacks.
(2) 
Minimum and maximum setbacks between buildings shall be in accordance with the Towamencin Village Land Use and Design Manual.
(3) 
Frontage limitations for uses permitted in Sector 1 and Sector 2. With the exception of hotel/motel Use C-13, no use shall exceed 40 feet of frontage along a street or pedestrian easement, except where the same retail user and use is provided on at least 50% of the second floor square foot area in which case frontage shall be limited to 60 feet.
D. 
Maximum building coverage, impervious surface coverage[1] and building/structure height.
[Amended 1-8-2020 by Ord. No. 20-01]
Sector
1
2
3
3A
3B
3C
3D
4
5
6
7
8
Maximum building coverage (percent)
100
100
100
100
100
100
40
100
50
20
50
5
Maximum impervious surface (percent)
100
100
100
100
100
100
75
100
90
50
90
10
Maximum building and structure height (feet)
402
503
503
56
503
503
35
503
503
354
503
16
NOTES:
1 For the purposes of this district, building coverage and impervious surface cover shall be calculated as a percent of the building envelope established for each sector. See Building Envelope Plan of the Towamencin Village Land Use and Design Manual.
2 But in no event greater than three stories above ground level.
3 But in no event greater than four stories above ground level.
4 But in no event greater than 2 1/2 stories above ground level.
5 Sloped portions of the roof perimeter intended as screenings, architectural details (in accordance with the architectural guidelines), and similar projections may, in the discretion of the Board of Supervisors exceed height limitations provided no such elements in excess of the maximum height restrictions shall be used for occupancy, parking, or storage of any type.
[1]
Editor's Note: See Ch. 136, Subdivision and Land Development.
E. 
Residential density shall not exceed a density of eight dwelling units per acre except that within Sectors 3A, 3B, 3C, and 3D, residential density shall not exceed 25% of the total gross floor area of all structures (not including structured parking) erected within those sectors combined.
[Amended 1-8-2020 by Ord. No. 20-01]
F. 
Parking requirements: all uses shall be regulated by type.
(1) 
Reserve parking. Due to mixing of uses, reserve parking up to 25% of that required may be allowed in order to create open space without unnecessarily requiring more paving than required. Reserve parking shall be designed and engineered but need not be constructed unless directed by the Board of Supervisors.
(2) 
Credit. Up to 30% of total required parking shall be permitted off-site when associated with an approved common parking facility or within the transportation center complex.
(3) 
Structured parking facilities shall be utilized for required parking in accordance with the standards in the Towamencin Village Land Use and Design Manual,[2] except as shall be modified by the Board of Supervisors as part of the conditional use approval.
[Amended 10-8-2008 by Ord. No. 08-06]
(a) 
Structured parking on the first floor (street level) of any building or structure shall not exceed 50% of the square foot areas of the first floor. Permitted uses other than parking shall be located adjacent and parallel to streets and pedestrian easements; provided, however, that these requirements shall not apply where the top parking level of a structured parking facility is at the same level as the nearest public street or pedestrian easement, and no other portion of the structure is within 200 feet of any other public street or pedestrian easement. Structured parking is permitted, but not required, in Sectors 3A, 3B, 3C and 3D.
[Amended 1-8-2020 by Ord. No. 20-01]
[2]
Editor's Note: The Manual is on file in the Township offices.
(4) 
The Board of Supervisors, as part of the conditional use approval, may permit a reduction in the sum total of the required parking for all of the uses based on the following:
(a) 
In the case of a development plan in which there are efficiencies derived by shared parking for uses which have complementary peak demands. The applicant shall submit parking generation data, based upon standard methodology (such as that published by the Urban Land Institute or from actual parking studies within the region) sufficient for the Township to determine the appropriate reduction.
(b) 
In the case of a development consisting solely of two or more contiguous uses, the Board of Supervisors may permit a reduction of the aggregate amount of required parking based upon a determination that greater efficiency is effected by joint use of a common parking area, but in such case the required number of off-street parking spaces shall not be reduced by more than 25%.
(c) 
This reduction may occur in conjunction with or in lieu of Subsection F(1), Reserve parking.
(5) 
Common Parking District. Common parking shall be permitted without limitation for uses located within the Common Parking District as defined in the Towamencin Village Land Use and Design Manual. In the Common Parking District 100% of the required parking spaces may be permitted on another site located within the Common Parking District. However, a common parking facility shall not be permitted as a principal use on a lot within the Common Parking District.
G. 
Mix of residential and nonresidential uses.
(1) 
In those sectors permitted by this chapter, a mix of residential and nonresidential uses is encouraged, particularly when integrated within the same building complex.
(2) 
Provision of residential use above the first floor in commercial and business settings when authorized by § 153-416I of the Zoning Ordinance is permitted without requirement for any additional open space.
(3) 
The total gross floor area of combined nonresidential uses in Sectors 3A, 3B, 3C and 3D shall include a minimum of 10% of that total gross nonresidential floor area as C-6 Eating Place uses.
[Added 1-8-2020 by Ord. No. 20-01]
(4) 
A minimum of 20% of the Forty Foot Road building frontage of Sector 3A and a minimum of 20% of the Sumneytown Pike building frontage of Sector 3A shall be occupied by one or more of the following uses: C-6 Eating Place; C-8 Entertainment; or C-16 Retail Trade. These uses shall be on the ground (street level) floor and may be combined with other uses in the same building.
[Added 1-8-2020 by Ord. No. 20-01]
H. 
Conditional use criteria. In addition to the provisions of Article X of the Zoning Ordinance, the following additional criteria shall apply in considering the approval or denial of conditional use applications in this district:
(1) 
Streets and circulation. The location of new streets, sight access, driveways and pedestrian networks shall comply with the specific requirements identified within this chapter and the Towamencin Village Land Use and Design Manual,[3] except as may be modified by the Board of Supervisors as part of the conditional use approval.
[Amended 10-8-2008 by Ord. No. 08-06]
[3]
Editor's Note: The Manual is on file in the Township offices.
(2) 
Existing streets abutting a parcel of land proposed for development shall be improved in accordance with the requirements of the Towamencin Village Land Use and Design Manual, a Township-wide traffic study, or the Township Subdivision and Land Development Ordinance,[4] whichever shall control as determined by the Board of Supervisors.
[4]
Editor's Note: See Ch. 136, Subdivision and Land Development.
(3) 
Parking, service, loading, and refuse areas; pedestrian circulation; outdoor lighting, street, parking lot and sidewalk lighting, and lighting fixtures and poles; mass transit stops, plazas and open space; landscaping; and planted buffer requirements shall be in accordance with requirements established by the Towamencin Village Land Use and Design Manual.
(4) 
Design guidelines. In order to ensure all design elements within the Towamencin Village Overlay District (which may develop in different areas over a period of years) will be uniform, the following design elements shall specifically be in accordance with the Towamencin Village Land Use and Design Manual:
(a) 
Each applicant shall submit architectural drawings showing concepts for facades, roof design, and materials for buildings and structured parking facilities, and incorporate specific design standards in order to qualify for conditional use approval.
(b) 
These design standards shall include, but may not necessarily be limited to, building and streetscape elements such as the type of lighting, sidewalk design, street furniture, street signs, and architectural details and facade materials.
(c) 
In addition, the applicant shall incorporate architectural performance standards such as screening of parking facilities, loading areas, and all mechanical equipment; the continuity of store fronts and entrance doorways on specific streets; the massing of buildings to reinforce the design of an urban space; and sign control.
(5) 
The Board of Supervisors may at its discretion waive or modify requirements contained within the Towamencin Village Land Use and Design Manual[5] upon determination that strict compliance would not further the purpose and intent of the chapter. However, waivers shall not apply to sector uses, parking requirements (except structured parking, which may be waived or modified), and height requirements.
[Amended 10-8-2008 by Ord. No. 08-06]
[5]
Editor's Note: The Manual is on file in the Township offices.
(6) 
Upon the submission of a condition use application relating to any parcel within Sectors 3A, 3B, 3C, or 3D, the applicant shall concurrently submit a master plan/conditional use plan for all lands controlled by the applicant that illustrates, to the satisfaction of the Board of Supervisors, that all proposed development is in conformance with this section, including but not limited to residential density and the applicable provisions of the Land Use and Design Manual. Once approved by the Board of Supervisors, the master plan/conditional use plan must be developed in conformance with the approved master plan/conditional use approval. Any future changes will be subject to a new conditional use application and approval.
[Added 1-8-2020 by Ord. No. 20-01]
I. 
Table of permitted uses.
[Amended 12-19-2001 by Ord. No. 01-10; 12-12-2007 by Ord. No. 07-10]; 10-8-2008 by Ord. No. 08-06; 2-26-2015 by Ord. No. 15-01; 9-25-2019 by Ord. No. 19-12; 1-8-2020 by Ord. No. 20-01]
Sectors
Uses Permitted
1
2
3
3A
3B
3C
3D
4
5
6
7
B-1 Medical Office4
C1
C
C
C
N
C
N
N
C
N
C
B-2 Office
C1
C
C
C
C
C
N
C
C
N
C
B-8 Medical Lab. or Medical Office w Surgical Center
N
N
N
C
N
N
N
N
C
N
N
C-5 Convenience Store
C
C
C3
C3
C3
C
N
C3
C3
N
N
C-6 Eating Place
C
C
C
C
C
C
N
N
C
N
N
C-8 Entertainment
N
C
N
C
N
C
N
N
N
N
N
C-9 Financial Establishment
C
C
C
C
C
C
N
C
C
N
N
C-13 Hotel/Motel
N
C2
C2
C2
N
C2
N
N
N
N
C-16 Retail Trade
C
C
C3
C
C
C
N
C3
C3
N
N
C-17 Vehicle Repair and Service Station
N
N
N
N
N
C5
N
N
N
N
N
C-22 Health Club
C1
C1
N
C
N
C
N
C1
N
N
N
E-3 Day Care
N
C
C
C
C
C
N
C
C
N
N
E-7 Nursing Home
N
N
N
N
N
N
N
N
N
N
N
E-8 Personal Care Facility
N
N
N
N
N
N
N
N
N
N
N
R-5 Townhouse
C1
N
N
N
C
N
C
N
N
C
C
R-6 Multiplex
C1
N
N
C
C
N
C
N
N
C
C
R-8 Housing for Elderly
C1
N
C
C
C
N
C
N
N
C
C
R-12 Apartment
C1
N
N
C
C
N
N
C
N
N
C
Sector 8: Township Open Space
C = Conditional Use
N = Not Permitted
NOTES:
1
Second story or above.
2
Maximum one per sector.
3
Located on first floor only, not to exceed 2% of total floor area of building but in no event shall the sum of all Footnote 3 uses exceed 4,000 square feet per building except as approved by the Board of Supervisors as part of conditional use approval.
4
Except in Sectors 3A and 3B, use limited to a maximum of 10% of the total Gross Floor Area of office buildings.
5
Use limited to the sale of gasoline and other petroleum products with no automotive repair or service permitted and such use may be permitted only in combination with use C-5 - Convenience Store. Only one C-17 use shall be permitted in Sector 3C. This use may occur only if it is no closer than 1,500 feet from any other property that has gasoline sales.
J. 
Special provisions for Sectors 3A, 3B, 3C and 3D: It is the intent of this section that Sectors 3A, 3B, 3C and 3D will be developed as part of a unified development plan in accordance with the master plan/conditional use plan that is a part of the conditional use approval process. Therefore, the following provisions shall govern:
[Added 1-8-2020 by Ord. No. 20-01]
(1) 
In Sectors 3A, 3B, 3C and 3D there shall be open space/civic space areas that total no less than 65,000 square feet that are well distributed through these sectors (although not every sector must contain an open/civic space area). There shall be no fewer than four of these spaces and the minimum size of any one of these areas shall be no less than 5,000 square feet. These areas shall be open to the public and the locations, sizes and improvements in these areas shall meet with the approval of the Board of Supervisors. These improvements shall include but not be limited to the following elements: high quality pavements, lawn/turf areas, sitting areas, lush landscaping, fountains, moveable furniture, trees, works of art, seasonal flower displays, pedestrian-scale lighting, and other improvements suitable for small gatherings (50 to 100 people) and events. These areas shall not include parking, although handicapped parking should be located as close to these areas as is practical. These areas will be owned and maintained by the developer/owner.
(2) 
The amount of residential use in comparison to nonresidential use shall be developed in the same ratios as permitted under § 153-416E. For example, if the applicant obtains a building permit for 25,000 square feet of residential use, the applicant must concurrently obtain a building permit for 75,000 square feet of nonresidential use. Final certificates of occupancy for any building shall be issued by the Township only if building permits have been issued for both residential and nonresidential construction in the ratio required pursuant to § 153-416E.
(3) 
There shall be no access permitted to Reiff Road from either Sector 3C or Sector 3D.
In all IN-A Districts the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses and no other, provided that such uses comply with such regulations as yard, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions specified herein.
(1) 
Uses by right. Any of the following uses and no other shall be permitted by right within the IN-A District provided that all applicable requirements for the use and district are satisfied:
E-5
Library or Museum
E-6
Municipal Facility
R-13
Age-Qualified Independent Residential Community
A-17
Solar Energy System, Roof-Mounted
[Added 2-26-2015 by Ord. No. 15-03]
(2) 
Uses by condition. The following uses and no other shall be permitted as a conditional use within the IN-A District provided that all of the conditions for said uses are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and the district have been satisfied: none.
(3) 
Uses by special exception. The following uses shall be permitted as a special exception use within the IN-A District provided that all of the standards and criteria for said uses are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied: none.
B. 
Lot area and width requirements.
Regulation
Use Type
Requirement
Minimum lot area
All uses
9 acres
Maximum lot area
All uses
20 acres
Minimum lot width
All uses
600 feet
C. 
Setback requirements.
Regulation
Use Type
Requirement
Minimum front yard
All uses
50 feet
Minimum side yard
All uses
50 feet
Minimum rear yard
All uses
50 feet
D. 
Maximum coverage regulations.
Regulation
Use Type
Requirement
Building coverage
All uses
25%
Impervious coverage
All uses
50%
E. 
Maximum height regulations.
(1) 
All structures: 35 feet.
F. 
Parking requirements.
(1) 
All uses: regulated by use or type.
(2) 
Setbacks: No parking or area or driveway shall be located closer than 35 feet to any property line, except the portion of the driveway required for normal or emergency ingress and egress.
[Added 7-22-2015 by Ord. No. 15-09]
In the RBP Overlay District, the following regulations shall apply unless otherwise specified in Article V of this chapter:
A. 
Permitted land uses. A building may be erected, altered or used either in whole or in part and a lot may be occupied for any of the following uses and no other, provided that such uses shall comply with such dimensional requirements, off-street parking, buffering and other provisions as specified herein.
(1) 
Uses by right. Any of the following uses shall be permitted by right within the RBP Overlay District provided that all applicable requirements for the use and district are satisfied:
R-1
Single-Family Detached Dwelling
A-7
Recreational Vehicles
A-8
Residential Accessory Structures
A-9
Spa/Hot Tubs
A-10
Swimming Pools
A-11
Temporary Structures and Vehicles
(2) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the RBP Overlay District on a minimum lot size of 25,000 square feet provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
B-1
Medical Office
B-2
Office
A-3
Family Day-Care
A-4
Home Occupation
A-6
Outside Storage
(3) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the RBP Overlay District on a minimum lot size of 40,000 square feet provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
B-3
Veterinary Office or Clinic
C-10
Funeral Home
C-11
Bed-and-Breakfast Inn
E-3
Day-Care Center/Nursery School
(4) 
Uses by condition. The following uses and no others shall be permitted as a conditional use within the RBP Overlay District on a minimum lot size of 80,000 square feet provided that all of the conditions for said use are satisfied and a conditional use approval is granted by the Board of Supervisors after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
E-8
Personal Care Facility
E-9
Place of Worship
R-5
Townhouse Dwelling
(5) 
Uses by special exception. The following uses and no others shall be permitted as a special exception within the RBP Overlay District on a minimum lot size of 80,000 square feet provided that all of the standards and criteria for said use are satisfied and a special exception approval is granted by the Zoning Hearing Board after public notice and hearing and further provided that all applicable requirements for the use and district have also been satisfied:
A-1
Accessory Apartment
B. 
Dimensional standards. Proposed uses shall meet the following dimensional requirements:
[Amended 8-11-2021 by Ord. No. 21-08]
Minimum Lot Area (square feet)
25,000
40,000
80,000
120,000
Minimum lot width (feet)
100
150
200
400
Minimum front yard setback (feet)
35
45
50
50
Minimum side yard setback (feet)
15
15
25
25
Aggregate side yard setback (feet)
30
40
60
60
Minimum rear yard setback (feet)
30
30
40
40
Minimum setback from abutting residential zoning (feet)
25
30
45
45
Minimum setback - residential accessory structure (feet)
10
10
10
10
Maximum building coverage (percent)
10
15*
20*
20*
*Refer § 153-418.C.2 for additional requirements related to building coverage.
Maximum impervious coverage (percent)
60
60
60
60
Maximum building height (feet)
35
(2 1/2 stories)
35
(2 1/2 stories)
35
(2 1/2 stories)
35
(2 1/2 stories)
Maximum density for R-5, Townhouse Use
0
0
3 dwelling units per acre of lot area
4.5 dwelling units per acre of lot area
C. 
Special requirements.
(1) 
All uses shall be served by public water and public sanitary sewer service.
(2) 
No individual building shall exceed 10,000 square feet of ground floor area nor exceed a single dimension of 150 feet.
(3) 
All new conditional use buildings and additions must have a residential character and must include the following features:
(a) 
A pitched roof, covering at least 80% of the building or addition, with a pitch of at least six vertical inches to every 12 horizontal inches.
(b) 
Residential building materials consistent with the type of building materials used throughout the RBP Overlay District.
(c) 
Residentially scaled windows and doors, with a proportion of windows and doors to solid wall that is similar to proportions commonly found on residential structures in the RBP Overlay District.
(4) 
Parking location.
(a) 
No parking other than that associated with required driveway access shall be permitted within the minimum required front yard setback established for the RBP Overlay District or between the buildings and the street.
(b) 
No parking shall be located closer than five feet to the side or rear property lines. Where a side or rear property line constitutes the RBP Overlay District boundary with a residential district, no parking shall be permitted with the required setback.
(c) 
For parking lots with a total of four or more spaces, the lots shall be provided with driveways to permit the vehicles to exit facing forward.
(5) 
Buffer yards. For all uses other than R-1, a Class B buffer as defined by Towamencin Township Code Chapter 136, § A119, shall be provided along the boundaries of all residential districts or uses.
(6) 
Driveway requirements. Access regulations shall be in accordance with § 153-410F of the VC, Village Commercial District, except as follows:
(a) 
Corner lots which front on two streets of different classification shall take access from the street of lesser classification and shall have no access from the street of higher classification, unless it is physically infeasible to provide access to the street of lesser classification. Any existing driveway to the street of higher classification shall be eliminated when a driveway is provided to the street of lesser classification.
(b) 
Shared driveways are encouraged.
(c) 
For existing driveways to be reused for a permitted use:
[1] 
When the nearest edge of an existing driveway on an adjacent nonresidential property having frontage on the same street is within 30 feet of the applicant's tract, the applicant's tract shall utilize the driveway on the adjacent tract as a shared access, provided that an easement granting access to the applicant's tract has been recorded.
[2] 
Shared access shall not be required when all possible interconnections between the two abutting lots would cross wetlands, floodplains, and/or slopes of 15% or more.
[3] 
Shared access may be located entirely on one lot or may be divided along a common lot line.
[4] 
The shared access shall be the sole access to the site unless a minimum separation distance of 200 feet between driveways, centerline of driveway to centerline of driveway. Existing driveways on the applicant's site not meeting the requirements in this section shall be eliminated.
(d) 
For new driveways:
[1] 
When shared access cannot be provided via an existing driveway consistent with § 153-418C(6)(c), a maximum of one new driveway intersection shall be permitted per street, per development site with the exception that a second driveway shall be permitted for a development site if each driveway is separated by a minimum distance of 200 feet, from centerline of driveway to centerline of driveway.
[2] 
The driveway shall be located on a side lot line bordering a property within the RBP Overlay District. In order to accommodate required sight distances, or preserve environmental features, this driveway may be set back from the side lot line no more than 30 feet. Shared access shall not be required when all possible interconnections between the two abutting lots would cross 20 linear feet or more of wetlands, floodplains, and/or slopes of 15% or more. Shared driveways and locating new driveways on the side lot line are not required when a lot has a minimum of 400 feet of continuous road frontage.
[Amended 8-11-2021 by Ord. No. 21-08]
[3] 
Each nonresidential use shall provide an access easement for the shared driveway guaranteeing access to all abutting lots zoned RBP.
[4] 
In addition, an access easement guaranteeing access from the closest adjacent nonresidential property to the shared driveway shall be recorded. This easement shall have a minimum width of 35 feet and the portion of the easement between the driveway and the adjacent property shall be located no closer than 50 feet from the street ultimate right-of-way line.
[5] 
Parking shall not be permitted along shared driveways between the street ultimate right-of-way line and the rear edge of the easement granting access to the abutting lot.
(7) 
All signs must meet the requirements of Chapter 153, Article VII, except that:
(a) 
Signs may only be lit externally.
(b) 
All lighted signs must be extinguished between the hours of 11:00 p.m. and 6:00 a.m.
(8) 
All site lighting must comply with Chapter 136, Appendix 136A, § A127 of the Towamencin Township Code, except that:
(a) 
Individual poles shall not exceed 15 feet in height to the top of the luminaire.
(b) 
Seventy-five percent of all parking area lighting shall be extinguished at 11:00 p.m. unless required for security reasons.
(9) 
Trash and waste collection facilities must be completely screened from the view of public streets and adjoining residential properties or uses. Screening shall conform to the requirements of Towamencin Township Code, Chapter 136, Appendix 136A, § A130, with the additional provision that plantings must be at least six feet tall at time of installation and that no portion of trash collection container(s) may be visible above the required screening from public streets or adjoining residential properties or uses.
(10) 
For R-5 Townhouse Dwellings Use, adjacent and contiguous land under common ownership not in the RBP District can be included in the required minimum square footage and density calculation for the number of townhouses allowed provided:
[Added 8-11-2021 by Ord. No. 21-08]
(a) 
There is an interconnection and access between the RBP District land and the adjacent land.
(b) 
A minimum of 1/2 acre of open space is created on the overall track of land.
(c) 
All the proposed R-5 townhouse dwellings and accessory buildings are to be built and located on the land in the RBP District.
(d) 
The adjacent contiguous land can be used for the density and minimum lot size calculations only. All other Zoning Ordinance requirements for setbacks, building coverage and impervious coverage must be met based on the land located in the RBP Overlay District.
(e) 
All property within and outside of the RBP District which is used to determine lot size and density shall remain under common ownership and remain part of the overall development with the exception of lands dedicated to the Township as open space.
[Added 7-27-2016 by Ord. No. 16-10; 2-27-2019 by Ord. No. 19-02]
Overlay district boundary. The Entertainment Lifestyle Overlay District Boundary primarily is comprised of the area of land that is bordered by Forty Foot Road to the east, Tomlinson Road to the south and Allentown Road to the north. The area extends in depth to the R175 Zoning District boundary that is along the western border of the overlay area. The total overlay area is approximately 52 acres and is currently zoned LI-Limited Industrial, SC - Shopping Center and C - Commercial.
A. 
Permitted land uses. A building, or group of buildings, may be erected, altered, or used in whole or in part, and a lot may be used or occupied for any of the following purposes and no other, provided that such uses and location shall comply with the Entertainment Lifestyle Overlay Map as may be amended and appended to the Zoning Ordinance.[1]
Uses by Conditional Use
B
Business
B-1
Medical Office
B-2
Office
B-7
Medical Equipment Offices and Distribution
B-8
Medical Laboratory or Medical Office with Surgical Center
C
Commercial
C-5
Convenience Store
C-6
Eating Place
C-7
Eating Place- Drive-Through and Fast Food
C-8
Entertainment
C-9
Financial Establishment
C-16
Retail Trade and Retail Services
C-18
Shopping Center
C-22
Health Club
E
Educational and Institutional Uses
If there is an approved land development plan for Use R-8 or Use R-13 in the Residential Sector, the following uses will not be permitted elsewhere in the district:
E-2
Commercial School
E-3
Day-Care Center/Nursery School
E-7
Nursing Home
E-8
Personal Care Facility
R
Residential
The following uses are permitted in the Residential Sector only:
R-8
Housing For the Elderly
R-13
Age-Qualified Independent Residential Community
A
Accessory Uses
Accessory uses are permitted only to allowed by right and conditional uses.
[1]
Editor's Note: Said map is on file in the Township offices.
B. 
Lot area and frontage requirements.
Regulation
Requirement
Minimum tract area
52 acres
Minimum tract frontage at street line
1,700 feet
C. 
Setback requirements.
Regulation
Requirement
(feet)
Minimum front yard
501
Minimum side yard
252
503
Minimum rear yard
25
503
NOTES:
1
To the ultimate right-of-way of any public street, road or alley.
2
From any property line.
3
For a side or rear property line adjacent to an agricultural or residential use or district.
D. 
Maximum coverage regulations.
Regulation
Requirement
Building coverage
65%
Impervious coverage
85%
E. 
Maximum height regulations.
Regulation
Requirement
(feet)
Principal structure
401
NOTES:
1
May be increased to a maximum 65 feet or such increased height as may be warranted when approved by the Board of Supervisors, provided that for every foot of height in excess of 40 feet there shall be added to each yard requirement one corresponding foot of width or depth.
F. 
Parking requirements.
(1) 
All uses: regulated by use type, except as indicated in § 153-419L.
(2) 
Setbacks. No parking area or driveway shall be located closer than 10 feet to any property line, except the portion of driveway required for normal ingress and egress. Parking spaces shall be permitted in the front yard, between the building and the street right-of-way.
(3) 
Reserve parking. Due to mixing of uses, reserve parking up to 25% of that required may be allowed in order to create open space without unnecessarily requiring more paving than required. Reserve parking shall be designed and engineered but need not be constructed unless directed by the Board of Supervisors.
(4) 
The Board of Supervisors, as part of the conditional use approval, may permit a reduction in the sum total of the required parking for all of the uses based on the following:
(a) 
In the case of a development plan in which there are efficiencies derived by shared parking for uses which have complementary peak demands, the applicant shall submit parking generation data, based upon standard methodology (such as that published by the Urban Land Institute or from actual parking studies within the region) sufficient for the Township to determine the appropriate reduction.
(b) 
In the case of a development consisting solely of two or more contiguous uses, the Board of Supervisors may permit a reduction of the aggregate amount of required parking based upon a determination that greater efficiency is effected by joint use of a common parking area, but in such case the required number of off-street parking spaces shall not be reduced by more than 25%.
G. 
Conditional use criteria. In addition to the provisions of Article X of the Zoning Ordinance, the following additional criteria shall apply in considering the approval or denial of conditional use applications in this district:
(1) 
Plans including the entire development must be submitted to show the overall vehicular and pedestrian circulation, cohesive landscape design, architectural renderings of the building facades and an overall signage plan.
(2) 
Streets and circulation. The location of new streets, sight access, driveways and pedestrian networks shall comply with the specific requirements identified within this chapter except as may be modified by the Board of Supervisors as part of the conditional use approval.
(3) 
The applicant shall incorporate architectural performance standards such as screening of parking facilities, loading areas, and all mechanical equipment; the continuity of storefronts and entrance doorways on specific streets; the massing of buildings to reinforce the design of an urban space; and sign control.
(4) 
Architecture. Preliminary architectural drawings/renderings shall be provided for review and approval by the Board of Supervisors. The architecture throughout the ELO District shall be developed with architectural styles and materials that are compatible throughout the sector whether or not the district is developed as a part of one or more phases.
(5) 
Parking. The plan should include parking calculations for the overall property including existing uses and any proposed change of use or new construction.
(6) 
The Board of Supervisors may at its discretion waive or modify requirements regarding signage, landscaping and parking requirements in the Zoning Ordinance upon determination that strict compliance would not further the purpose and intent of this chapter.
H. 
Signage. All signage proposed within the Entertainment Lifestyle Overlay District shall comply with Article VIII of the Towamencin Township Code[2] unless otherwise waived by the Board of Supervisors through the conditional use process per § 153-419G(6). Sign design shall be integral to the architectural design within the District.
[2]
Editor's Note: See Art. VIII in this Ch. 153.
I. 
Architectural development guidelines. The Entertainment Lifestyle Overlay shall allow for independent branding within the development, but a cohesive architectural theme or style should be implemented to provide its own marketing brand for a successful development.
J. 
Landscaping. Landscaping will be in accordance with "Landscaping of off-Street parking areas" and "Buffer yard requirements" sections of the "Towamencin Township Engineering Standards" of Chapter 136 ("Land Development and Subdivision Ordinance") of the Township Code.[3]
[3]
Editor's Note: See Ch. 136, Appendix 136A, §§ A117 and A119, respectively.
K. 
Pedestrian access guidelines. The design shall focus on the impact of building and site design on the public realm, particularly streets, sidewalks, trails and access to public open space. The design shall include curbside management, internal parking circulation, and vehicular and pedestrian access points that contribute to the walkability of adjacent streets and trail systems. The design shall provide a comprehensive landscape scheme that integrates the current landscaping requirements within §§ 153-710, 136-510 and Appendix 136A with the need to provide a current approach to sustainability, viewshed management, and mature vegetation maintenance within the development.
L. 
Residential sector.
(1) 
The Residential Sector designation within the Entertainment Lifestyle Overlay District shall allow the following uses; E-Educational and Institutional Uses, E-7 - Nursing Home, and E-8 - Personal Care; and/or R-Residential Uses, R-8 - Housing for the Elderly, and R-13 - Age Qualified Independent Residential Community, to provide a transition between the commercial shopping center and the office/warehouses uses. The following requirements supersede the requirements in § 153-502F when the requirements are inconsistent or in conflict. If there is no conflict or inconsistency, the requirements in § 153-502 should still apply.
(a) 
Maximum residential density: 12 dwelling units per acre of the Residential Sector.
(b) 
Minimum lot area: none.
(c) 
Minimum open space: 20% of the Residential Sector. Open space shall be required to be distributed throughout the sector.
(d) 
Setbacks: Setbacks for the residential and institutional uses within the Residential Sector shall be as defined in § 153-419C, except along Forty Foot Road where the minimum front yard setback shall be no closer than the adjacent office building (264.9 feet +/-).
(e) 
Building height: The maximum building height in the Residential Sector shall be 45.5 feet.
(f) 
Parking requirements: The following minimum parking standards shall be required:
[1] 
Not less than 1.5 off-street parking spaces shall be provided for each dwelling unit. All other uses shall be regulated by use type. These parking spaces may be located either on a driveway, within a garage parking area, or combination thereof.
[2] 
There shall be one off-street parking space per employee provided.
[3] 
Reserved and shared parking shall be permitted as indicated in § 153-419F(3) and (4). A parking analysis, acceptable to the Township, should be provided to support the parking reduction.
(2) 
Use C-16 - Retail Trade and Retail Services is permitted along the Forty Foot Road frontage in the Residential Sector as a conditional use with the following requirements:
(a) 
Setbacks: Setbacks for Use C-16 in the Residential Sector shall be as defined in § 153-419C, except along Forty Foot Road where the minimum front yard setback shall be 75 feet.
(b) 
Building height: The maximum building height for a C-16 use in the Residential Sector shall be 25 feet.