Township of Westtown, PA Article X M-U Multi-Use District

§ 170-1000 Statement of intent.

The purpose of the Multi-Use District is to provide an area within the Township for many of the uses permitted in other sections of this chapter, as well as for uses not elsewhere specifically authorized in this chapter when such uses can be made compatible with the public interest and welfare. It is intended that the Multi-Use District be a district which has reasonable access to transportation, both by road and by rail, and is accessible to off-site water and sewer service, it being the belief that such proximity will allow for the uses which could not properly locate elsewhere in the Township.

§ 170-1001 Use regulations.

A. Uses by right. In the Multi-Use District, a building may be erected, altered, or used, and a lot or premises may be used or occupied, by right, for any of the following purposes, and no other:

(1) Any use authorized in the R-1, R-2, R-3, and C-1 Districts, subject to all of the regulations, standards and restrictions applicable within such districts; provided, however, that:

(a) Flexible development under Article IX shall not be permitted in the Multi-Use District.

(b) Townhouse dwellings shall be permitted only as a conditional use, in accordance with the terms of § 170-1001C below.

(2) Accessory uses. Only the following accessory uses shall be permitted:

(a) Minor home occupation in accordance with the terms of § 170-1605 of this chapter.

[Amended 9-15-1997 by Ord. No. 97-3]

(b) Any accessory use permitted in the R-1, R-2, R-3, and C-1 Districts which corresponds to a use authorized by this section, subject to all of the regulations, standards, and restrictions applicable within those districts.

(3) Small-lot single-family detached development.

B. Uses by special exception. The following uses shall be permitted when authorized as a special exception by the Zoning Hearing Board, in accordance with the terms of this article and § 170-2108 of this chapter:

(1) Manufactured/mobile home park, in accordance with the standards of § 170-1002 of this article.

[Amended 3-3-2003 by Ord. No. 2003-2]

(2) Any other lawful use not provided for in this article, so long as it is consistent with the health, morals, and general welfare of the Township and subject to the applicable area and bulk regulations of § 170-802 of this chapter and the applicable design standards of Article XV of this chapter, and subject further to other supplemental regulations and provisions of this chapter, where applicable.

(3) Manufacture, testing, assembly, processing, packaging and accessory storage of precision instruments, electronics, microelectronics, wood products and items with a closely similar character.

[Added 3-3-2003 by Ord. No. 2003-2]

(4) Printing and publishing.

[Added 3-3-2003 by Ord. No. 2003-2]

(5) Such other wholesale sales, light industrial, testing and research uses that the applicant proves to the satisfaction of the Zoning Hearing Board as a special exception use will meet all of the following standards:

[Added 3-3-2003 by Ord. No. 2003-2]

(a) The use will not typically generate more than 10 tractor-trailer trucks entering or leaving any lot per day, and will involve tractor-trailer trucks being directed to use the most appropriate access route from the lot as a condition of approval.

(b) The use will meet all of the performance standards of Article XV of this chapter, including but not limited to § 170-1506.

(c) The use will be of such character and have such external effects as to be highly compatible with existing and planned dwellings within the vicinity.

(d) The use will not create significant risks of environmental, explosive, fire or genetic hazards, transport of highly hazardous materials, or noxious odors, based upon a comprehensive professional analysis.

(e) Limits upon the hours of operation shall be established as a condition of any special exception approval to minimize conflicts with dwellings.

(f) As a condition upon special exception approval, the Zoning Hearing Board may require additional landscaping or earth berming or solid fencing or walls between business operations and any residential lots to minimize conflicts with dwellings.

(g) The use will not cause any street or intersection to have a level of service of D or lower. See traffic impact study required under Chapter 149 of the Code.

(6) Indoor recreation and fitness facilities.

[Added 3-3-2003 by Ord. No. 2003-2]

C. Conditional uses. The following uses shall be permitted only upon approval by the Board of Supervisors as a conditional use, in accordance with the provisions of this article and § 170-2009 of this chapter:

(1) Integrated townhouse development.

§ 170-1002 Regulations governing mobile home parks.

A. To be eligible for use as a mobile home park, a tract must have a gross area of not less than five acres.

[Amended 3-3-2003 by Ord. No. 2003-2]

B. The maximum gross density for any mobile home park shall be four dwelling units per acre of tract area, as established by § 170-1519 of this chapter.

C. A minimum of 20% of the gross area of the tract shall be designated as common open space and shall comply with the standards in § 170-907 of this chapter.

D. The lot attributable to each mobile home shall be served by an off-site sewage disposal system and off-site water system approved by the Pennsylvania Department of Environmental Protection, Chester County Health Department, and/or Public Utility Commission, as applicable.

E. Mobile home parks shall be governed further by the applicable provisions of Chapter 149, Subdivision and Land Development.

F. All mobile homes shall be set back a distance of not less than 100 feet from the tract boundary, or from the zoning district boundary separating the Multi-Use District from any other zoning district. The required one-hundred-foot setback shall include a minimum fifty-foot buffer which shall be planted and not include any paved areas.

G. Setbacks.

(1) No mobile home shall be closer than 25 feet from:

(a) The cartway edge of an interior street or drive.

(b) Another mobile home.

(2) Accessory structures. Accessory structures shall be located to the side or rear of the principal structure and not be within 15 feet of any structure or accessory structure on an adjacent mobile home lot.

§ 170-1003 Regulations governing integrated townhouse development.

A. Use regulations.

(1) Permitted uses. Within an integrated townhouse development a building may be erected or used and a lot may be used or occupied for the following purposes and no other:

(a) Townhouse dwellings.

(b) Public or private park or recreation areas.

(c) Off-street parking, as required by Article XVII of this chapter.

(d) Private garage accessory to the principal townhouse use, and other accessory uses customarily incidental to the above uses.

B. Standards for development. The following standards shall govern the design and development of an integrated townhouse development:

[Amended 12-5-1994 by Ord. No. 94-6; 5-1-1995 by Ord. No. 95-2; 3-3-2003 by Ord. No. 2003-2]

(1) Site conditions.

(a) To be eligible for use for an integrated townhouse development, the proposed tract shall have a gross area of not less than five acres.

(b) Natural features/resource protection: The natural features protection standards contained in Article IV of this chapter shall be applicable to any integrated townhouse development.

[1] Site analysis: In conjunction with the provisions of this section, the applicant shall prepare a site analysis which identifies the following:

[a] Degree of slope, in the following ranges: less than 15%, as measured at two-foot contour intervals; 15% to 25% and greater than 25%, as measured at two-foot contour intervals.

[b] Areas subject to floodplain regulations, including floodway, flood fringe, and approximated floodplain areas, as delineated by the Flood Insurance Study for Westtown Township prepared by the Federal Insurance Administration.

[Amended 9-5-2017 by Ord. No. 2017-3]

[c] Water bodies and watercourses, both perennial and seasonal.

[d] Drainage basin and subbasins.

[e] Wetlands, as defined by this chapter.

[f] Generalized soil types as designated in the Soil Survey of Chester and Delaware Counties (USDA, 1963).

[g] Generalized geological characteristics, including rock formation type(s).

[h] Existing vegetation, denoted as to type, including tree masses, treelines, and hedgerows; individual freestanding trees over six inch dbh; wetland vegetation; meadow, pasture, or cropland; orchard; cultivated and ornamental garden areas; etc.

[i] Existing structures and other improvements.

[j] Historic resources, including structures, ruins, sites, traces, and relationship to the bounds of any National Register historic district.

[k] Existing paths and trails.

[2] Finished topography: The finished topography of the site shall adequately facilitate the proposed development without excessive earthmoving, tree clearance, or destruction of natural amenities. Natural features such as lakes, streams, and wooded slopes shall be preserved and incorporated into the final landscaping of the development wherever possible and desirable. The applicant shall demonstrate the means whereby trees and other natural features shall be protected during construction.

[3] Stormwater management: The applicant shall submit a proposed stormwater management plan, to be approved by the Township Engineer in accordance with Chapter 149, Subdivision and Land Development. In addition, the Board may require the submission of a study of the off-site and overall groundwater impacts of the proposed stormwater management system.

[4] Site stabilization: Seeding, sodding, and other planting shall be applied to stabilize the topsoil on disturbed or created slopes in excess of 15%, and to enhance the appearance of open areas as required by Chapter 149, Subdivision and Land Development.

[5] Erosion and sedimentation control: An erosion and sedimentation control plan shall be filed and implemented in accordance with the regulations of the Pennsylvania Department of Environmental Protection and the requirements of Chapter 149, Subdivision and Land Development.

(2) Density and design standards and area and bulk regulations.

(a) Density. The maximum gross density shall not exceed six dwelling units per acre of tract area, as established by § 170-1519 of this chapter.

(b) Lot area. No dwelling unit shall be constructed upon a lot containing less than 1,200 square feet. The Board of Supervisors may, in its sole discretion, permit a lot size which conforms to the footprint of the townhouse foundation. In lieu of either the 1,200 square feet lot or the lot measured by the unit footprint, the developer may elect to provide for condominium ownership.

(c) Height. Building height shall be limited to three stories and shall not exceed 38 feet.

[Amended 5-1-1995 by Ord. No. 95-2]

(d) Length. No row of townhouses shall exceed 120 feet in length or five continuous dwelling units in a row, whichever is less.

(e) Width. No townhouse shall be less than 20 feet in width. However, if garage door(s) for two or more vehicles will face and be visible from a public street, then the minimum building width for each townhouse shall be increased to 28 feet.

(f) Distance between buildings. To encourage flexibility in site design, maintain and protect views for occupants of buildings, ensure privacy, and assure sufficient light and air, the minimum distance between buildings shall be:

[1] Two times the height of the taller of two buildings where fenestrated facades face each other, or where one fenestrated facade faces an unfenestrated facade (wall, end, or corner), but in no case less than 60 feet; and

[2] Twenty-five feet, where two buildings abut end to end, corner to corner, or end to corner (where corners and ends are unfenestrated).

(g) Setback.

[1] All buildings within an integrated townhouse development shall be set back from the right-of-way line of any street the development abuts, a distance of not less than 100 feet.

[2] All buildings within an integrated townhouse development shall be set back from the edge of the cartway of any interior road or accessway, a distance of not less than 25 feet.

[3] All buildings within an integrated townhouse development shall be set back a distance of not less than 100 feet from the tract boundary, or from the zoning district boundary separating the Multi-Use District from any other zoning district.

[4] The required one-hundred-foot setback shall include a minimum fifty-foot buffer which shall be planted and not include any paved areas.

(h) Maximum impervious lot coverage. Not more than 45% of the gross area of the tract shall be covered by impervious surfaces.

(i) Design standards.

[1] Streets within an integrated townhouse development shall be designed in accordance with the terms of Chapter 149, Subdivision and Land Development. Provision for the maintenance of any private streets shall be an essential part of the plan for development. The Township may, but is not required to, accept dedication of the streets within the integrated townhouse development for public use. It may require the posting of security in an amount and form satisfactory to it for the construction of such streets, as set forth in Chapter 149, Subdivision and Land Development.

[2] Parking requirements.

[a] Except where part of a shared parking arrangement authorized under the terms of Article XVII, all required off-street parking shall be developed within the boundaries of the townhouse development tract.

[b] Parking for each dwelling unit shall be provided either at the rear of the unit or shall be grouped into one or more parking areas serving a number of dwelling units. Individual curb cuts shall be permitted only for access to garages contained in units. Other front yard parking and individual curb cuts at the street line for access to parking shall be discouraged.

[c] Provisions for pedestrian circulation paths from the parking lot(s) to the buildings shall be provided. These paths shall be constructed of an all-weather surface.

[d] No parking space shall be more than 250 feet from an entrance to the building it serves.

[3] Screening: As required by § 170-1508 of this chapter.

[4] Storage: As required by § 170-1509 of this chapter.

[5] Landscaping: As required by § 170-1507 of this chapter.

[6] Access and traffic control: Routes for vehicular and pedestrian access and parking shall be designed and situated so as to create no nuisances or detractions from privacy. Design of the site shall comply further with the standards in §§ 170-1510, 170-1511, 170-1512, and 170-1513 of this chapter.

(3) Supplementary project facilities.

(a) Swimming pools and other recreational areas shall be located so as not to interfere with the residential character of adjacent dwelling units.

(b) All buildings within the integrated townhouse development shall be served by an off-site sewage disposal system and an off-site water supply. All utilities shall be underground within the development. As-built plans for all utilities shall be submitted to the Township.

(c) Refuse stations must be designed with suitable screening, must be surrounded by a masonry enclosure on three sides, placed in locations convenient for collection and removal, and not be offensive to the occupants of adjacent dwelling units.

(d) Lighting shall be provided for in accordance with § 170-1514 of this chapter.

(4) Open space.

(a) Not less than 30% of the gross area of the tract shall be set aside as common open space.

(b) The standards for use and design of open space in § 170-907A of this chapter shall apply to the open space within an integrated townhouse development.

(c) The provisions of § 170-908 of this chapter concerning ownership and maintenance of open space shall apply to an integrated townhouse development.

§ 170-1004 Regulations governing small-lot single-family detached development.

A. Use regulations.

(1) Permitted uses. Within a small-lot single-family detached development a building may be erected or used and a lot may be used or occupied for the following purposes and no other:

(a) Single-family dwellings.

(b) Common open space, as defined by this chapter.

(c) Off-street parking, as required by Article XVII of this chapter.

B. Standards for development. The following standards shall govern the design and development of a small-lot single-family detached development:

(1) Site conditions.

(a) To be eligible for use for a small-lot single-family detached development, the proposed tract shall have an area of not less than five acres.

[Amended 5-2-2005 by Ord. No. 2005-4]

(b) All dwellings within the small-lot single-family detached development shall be served by an off-site sewage disposal system and an off-site water supply.

(c) The natural features/resource protection standards set forth in § 170-1003B(1)(b) of this chapter shall apply to a small-lot single-family detached development.

(2) Area, bulk and density regulations.

(a) Density. The maximum density shall not exceed one dwelling unit per 10,000 square feet of tract area, as established by § 170-1519 of this chapter.

(b) Lot area. No dwelling unit shall be constructed upon a lot containing less than 3,000 square feet.

(c) Lot width at building line. No lot shall be less than 40 feet in width at the building line.

(d) Perimeter setback. All buildings within a small-lot single-family detached development shall be set back from the right-of-way line of any street abutting the development on its perimeter, any tract boundary, or from the zoning district boundary separating the Multi-Use District from any other zoning district a distance of not less than 30 feet.

[Amended 10-17-1994 by Ord. No. 94-5]

(e) Front yard setbacks. Front yard setbacks shall be no less than 30 feet, measured from the center line of the adjacent street, and shall be no less than 20 feet measured from the inside curbline or edge of the cartway of the adjacent street, whichever is greater.

(f) Rear yard setbacks. Rear yard setbacks shall be no less than 10 feet, measured from the abutting property line, or the edge of the paved shoulder or cartway of any service street as applicable.

(g) Side yards. Side yards shall total not less than 18 feet aggregate. Individual side yards may be reduced to five feet.

(h) Distance between buildings. Not less than 15 feet shall separate any buildings.

(i) Height. Building height shall be limited to two stories and shall not exceed 30 feet.

[Amended 5-1-1995 by Ord. No. 95-2]

(j) Floor area ratio. For purposes of this section, the floor area ratio (FAR) shall be calculated excluding uninhabitable basement area and shall not exceed 50%.

(k) Maximum impervious lot coverage. Not more than 50% of the area of the lot shall be covered by impervious surfaces.

[Amended 3-3-2003 by Ord. No. 2003-2]

(l) Tract coverage. Not more than 25% of the area of the tract shall be covered by impervious surfaces.

(3) Design standards.

(a) Access and traffic control. Routes for vehicular and pedestrian access and parking shall be designed and situated so as to create no nuisances or detractions from privacy. Pedestrian circulation paths shall be constructed of an all-weather surface. Design of the site shall comply further with the standards in §§ 170-1510, 170-1511, 170-1512, and 170-1513 of this chapter.

(b) Streets. Streets within a small-lot single-family detached development shall be designed in accordance with the terms of Chapter 149, Subdivision and Land Development. Where off-street parking is provided directly abutting a public or private street, such street shall be no less than 24 feet in cartway width exclusive of any area devoted to parking. Private streets including service streets may be permitted to improve circulation, upon the recommendation of the Township Engineer. Provision for the maintenance of any private streets, as required by § 149-408B of Chapter 149, Subdivision and Land Development, shall be an essential part of the plan for development. The Township may, but is not required to, accept dedication of any or all of the streets within the small-lot single-family detached development for public use. The Township may require the posting of security in an amount and form satisfactory to it for the construction of such streets, as set forth in Chapter 149, Subdivision and Land Development.

(c) Parking requirements. All required off-street parking shall be developed within the boundaries of the small-lot single-family detached development tract. Upon the recommendation of the Township Engineer, the Township may permit the use of parallel parking along service streets and/or common parking areas within the bounds of the development in calculating compliance with the total number of parking spaces required as per § 170-1705 of this chapter. In a small-lot single-family detached development required off-street parking may be provided directly abutting a public or private street.

(4) Open space.

(a) Not less than 40% of the gross area of the tract shall be set aside as common open space.

(b) Open space within a small-lot single-family detached development shall comply with the standards set forth in § 170-907A of this chapter.

(c) Ownership and maintenance of open space within a small-lot single-family detached development shall comply with the provisions of § 170-907B of this chapter.

(5) Supplementary project facilities.

(a) Where provided, swimming pools and other recreational areas shall be located so as not to interfere with the residential character of adjacent dwelling units.

(b) All utilities shall be underground within the development. As-built plans for all utilities shall be submitted to the Township.

(c) Where utilized, refuse stations must be designed with suitable screening, must be surrounded by a masonry enclosure on three sides, placed in locations convenient for collection and removal, and not be offensive to the occupants of adjacent dwelling units.

(d) Lighting: As required by § 170-1514 of this chapter.

(e) Screening: As required by § 170-1508 of this chapter.

(f) Storage: As required by § 170-1509 of this chapter.

(g) Landscaping: As required by § 170-1507 of this chapter.

(6) Homeowners' association. Where not accepted for public dedication by the Township, any common facility or open space or private street, service street, or parking area shall be under the ownership, management and maintenance of a homeowners' association in compliance with the requirements of § 170-907B of this chapter. Homeowners' association documentation satisfactory to the Township Solicitor shall be submitted to the Township prior to plan approval.

§ 170-1005 Regulations for special exception uses.

[Added 3-3-2003 by Ord. No. 2003-2]

The following regulations shall apply for special exception uses allowed by § 170-1001B(2) through (6):

A. Minimum lot area: three acres.

B. Maximum building coverage: 30%.

C. Maximum impervious coverage: 50%.

D. Minimum side yard: 75 feet, except 50 feet where a contiguous lot is occupied by a principal nonresidential use.

E. Minimum building setback line from a future street right-of-way: 50 feet.

F. Minimum rear yard: 75 feet.

G. Minimum building setback and minimum truck loading/unloading area setback from the lot line of an existing dwelling: 150 feet, which shall include a 75 feet minimum width landscaped buffer yard adjoining any such lot line.

H. Minimum lot width at minimum building setback line: 200 feet.

I. Minimum lot width at street future right-of-way line: 150 feet.

J. Maximum building height: two stories or 38 feet, whichever is most restrictive.

K. Any new or expanded industrial uses approved after the adoption of this section shall occur within a completely enclosed building. Any new or expanded outdoor storage or overnight parking of tractor-trailer trucks shall be screened by landscaping from view from dwellings and public streets.

L. The use shall comply with the natural feature protection requirements of Article IV (including but not limited to setbacks from creeks) and the performance requirements in Article XV (including but not limited to controls on lighting, noise, odor, vibration and dust).