The purpose of this district is to:
A.
Provide
for a variety of carefully designed housing types at medium-high densities.
B.
Make sure
that varied housing types are compatible with any existing single-family
detached houses.
C.
Make sure
that the street system of the Township and other community facilities
and services are fully able to handle moderately dense growth in an
area.
D.
Work to
encourage affordable housing, especially for young families and senior
citizens.
E.
Provide
carefully controlled opportunities for light business uses to serve
everyday needs of nearby residents.
Only the following uses are permitted by right in the MHDR District, provided the requirements for specific uses in Article XX are met:
A.
The following principal uses:
(2)
Crop farming.
(5)
Publicly owned recreation.
(6)
Wildlife sanctuary.
(9)
Township-owned use.
(10)
Plant nursery; provided that a lot of less than five acres shall only include retail sales of items grown on the premises, while a lot of five or more acres may include the retail sale of items listed in the definition in § 275-24.
(12)
Group home, within a lawful dwelling unit.
Only the following uses are permitted by special exception in the MHDR District, provided that the requirements for specific uses in Article XX are met; and provided that both public water and public sewer service is provided (except for a public utility facility or home occupation).
Only the following uses are permitted conditional uses in the MHDR District, provided that the requirements for specific uses in Article XX are met:
D.
A limited commercial development, which shall meet
the following additional requirements:
(2)
All of the establishments shall be limited to a maximum
total floor area of 9,000 square feet of floor area accessible to
customers. A maximum total of three establishments shall be permitted.
(3)
An adult use and the sale of gasoline and alcoholic
beverages shall be prohibited.
(4)
The total area of the limited commercial development,
including parking, shall not exceed 5% of the total tract area of
a subdivision or land development. Areas within a subdivision or land
development granted approval within the previous eight years that
was submitted by the same applicant may be included in such calculation
provided that the applicant proves that such commercial development
is fully coordinated in site design and traffic access within such
development plan.
(5)
The development shall be designed in a fully coordinated manner that minimizes impacts upon nearby dwellings. See buffer yard provisions in § 275-171.
(6)
There shall be no direct vehicle access onto an arterial
street.
(7)
The same sign, lot, coverage and setback requirements
shall apply as apply within the NC District, instead of such provisions
of the MHDR District.
(8)
Each commercial use shall be physically connected
to all other commercial uses, and shall be located on a single lot
of record.
(9)
No commercial use shall operate between the hours
of 9:00 p.m. and 7:00 a.m.
E.
Mid-rise apartment buildings. All mid-rise apartment building uses shall meet the minimum building setback requirement specified in § 275-61C, and the maximum density requirements specified in § 275-61D, unless otherwise approved or required by the Board of Commissioners during site plan or subdivision and land development review and following a conditional use hearing after recommendation by the Planning Commission.
[Added 6-18-2007 by Ord. No. 05-07]
The following regulations shall apply to all uses in the MHDR District, unless a more restrictive requirement is stated in Article XX or elsewhere in this chapter for a particular use.
A.
Maximum lot coverage: 50% for building; 65% for total
impervious surfaces.
C.
Maximum height. Maximum of 35 feet, except for mid-rise
apartments. In addition, no building except mid-rise apartments may
include more than three habitable stories.
D.
Minimum setback from industrial districts. For any
new principal residential building from the zoning boundary of a GI,
OB, LI(P) or LI District: 80 feet.
F.
Setback from arterial streets. For all principal buildings
from the future right-of-way line of an arterial street: 40 feet minimum
setback.
Lot and setback regulations for uses in the MHDR District (other than those listed in the title of this section) shall be as follows, unless a more restrictive requirement is stated in Article XX for a particular use or elsewhere in this chapter. See definitions of these terms in Article II.
A.
Lot area, depth and width.
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width2
(feet)
|
Minimum Lot Depth
(feet)
| |||
|---|---|---|---|---|---|
|
With public water and public sewer service:
| |||||
|
a.
|
Single-family detached dwelling
|
7,0001
|
601
|
75
| |
|
b.
|
Emergency services station or nursery school/day-care
center
|
10,0001
|
601
|
75
| |
|
c.
|
Single-family semidetached or two-family detached
dwelling
|
6,000
|
501
|
75
| |
|
Permitted uses other than those provided above
|
43,560
|
150
|
150
| ||
|
NOTES:
| |||
|
1
|
Per dwelling unit.
| ||
|
2
|
Minimum lot width is measured at the minimum
building setback line, except for the following minimum lot widths
measured at the street right-of-way line:
| ||
|
One hundred feet for each use or dwelling unit with a driveway
entering directly onto an arterial or connector street; and
| |||
|
Thirty feet for any use or dwelling that does not have a driveway
entering directly onto an arterial or connector street.
| |||
B.
Minimum front yard building setbacks.
(1)
Principal and accessory buildings: 25 feet.
(2)
Variation. Up to 50% of the principal residential
buildings may be located up to five feet forward of the front yard
building setback line, provided that an equal number of principal
residential buildings in the same stage of construction and abutting
onto the same street will be five feet or greater behind the front
yard setback line.
These requirements are in addition to the requirements of § 275-57 that are common to all uses.
A.
Life-care centers and retirement villages. Life-care centers and retirement villages shall be bound by the same requirements as garden apartments and townhouses, except for differing provisions permitted by § 275-189.
B.
Minimum tract area: one acre, except five acres for
a retirement village or life-care center.
D.
Maximum density.
(1)
The maximum density shall be determined after calculating
the buildable area of the tract.
(2)
Buildable area. The buildable area is defined as the
total square footage of the tract minus the following:
(a)
Existing rights-of-way of preexisting streets.
(b)
Areas with average slopes greater than 15%.
(c)
Areas within the one-hundred-year floodway and
flood fringe.
(d)
Areas within rights-of-way intended eventually
for overhead electrical transmission of 35 kilovolts or greater capacity.
(f)
Areas of land voluntarily dedicated to and accepted
by the Township or state for a street improvement that would not otherwise
be required by the Township or state and that is not necessary for
providing internal access for the development may be included as buildable
area.
(3)
Required minimum average area per dwelling unit. The
following square footage of buildable area shall be required within
the tract for each type of apartment of townhouse dwelling unit:
(a)
Five thousand five hundred square feet for each
efficiency or one -bedroom garden apartment unit.
(b)
Six thousand five hundred square feet for any
other garden apartment or townhouse unit.
(c)
For the purposes of this section, any room that
could reasonably be expected to be used as a bedroom shall be considered
a bedroom, including a den.
(4)
Flexibility in placement. The total number of dwelling
units allowed on the tract may be placed at any appropriate locations
within the buildable area of the tract within the setback and other
provisions of this chapter. However, no single acre of land shall
include more than 16 dwelling units, once streets are deleted from
the lot area.
(5)
In calculating the allowable overall density, land
which is capable of further development or subdivision for additional
dwellings shall not be counted unless the possibility of such development
or subdivision is precluded by one of the following methods:
(a)
Deed restriction, conservation easement or other
agreement in form acceptable to the Township Solicitor and duly recorded
in the Office of the County Recorder of Deeds and which is enforceable
by the Board of Commissioners.
(b)
Dedication for public purposes or permanent
open space to serve the development.
(6)
Condominiums and lots. The division of land into individual lots is not required. This allows the development of condominium garden apartments and townhouses. See § 275-185.
(7)
Condominiums and streets. In any development of or
conversion to condominiums, the Board of Commissioners shall require
all streets and access drives to be constructed or improved to Township
standards. The responsibility of maintaining interior streets and
access drives should not be given to a homeowner association, unless
there are adequate safeguards.
E.
Resubdivision. No lots that have previously been granted
preliminary or final subdivision or land development approval and
were subdivided to meet the standards of single-family detached dwellings
shall be combined or resubdivided to allow the construction of townhouses
or garden apartments.
F.
Roof lines. Variation in roof lines of structures
is strongly encouraged for the purpose of variety.
G.
Buffer yard. A twenty-foot-wide buffer yard with screening shall be required, as described in § 275-171D, between any townhouse or garden apartment and any abutting existing single-family detached dwelling that is within 125 feet of the proposed garden apartment or townhouse building. The buffer yard shall be the responsibility of the developer of the townhouses or garden apartments.
H.
Accessory uses and structures.
(2)
Intent: to carefully avoid incompatible structures
in a high-density environment.
(3)
The developer of new principal buildings is strongly
requested to establish deed restrictions controlling the types and
materials of attached decks, fences and accessory structures that
may be added or constructed in the future.
I.
Homeowner's and/or condominium agreements. See § 275-185. It is strongly recommended that any such agreements include restrictions requiring any fencing or garages to be compatible with the overall design.
J.
Active recreation area.
(1)
For any garden apartment or townhouse development
involving 40 or more dwelling units, a minimum of 12% of the total
land area shall be dedicated to and suitable for recreation.
(2)
This required recreation area shall be in addition to any other requirements of this chapter or Chapter 230, Subdivision and Land Development.
(3)
For any development that will not be limited to residents
18 years and older, this land area shall be suitable for active recreation.
Suitable for active recreation shall mean well-drained, contiguous,
planted in grass and with average slopes of less than 4%. For any
development involving more than 200 dwelling units, this area shall
include a minimum of two level rectangular fields 300 feet in length
and 100 feet in width.
(4)
For any development limited to persons 55 years and
older, this recreation area shall be suitable for passive recreation,
with appropriate landscaping and paths or trails.
(5)
The process of maintenance for recreation areas shall
be acceptable to the Board of Commissioners.
K.
Maximum length of building. The maximum length of
a townhouse or garden apartment building shall be 160 feet. As used
in this section, "building length" means the horizontal measurement
of any building length from any one end to any other end, without
regard to offsets but without including diagonal measurements.
L.
Changes in facade. For every attached grouping of
townhouses, a minimum of two changes in the front wall plane shall
be provided. Such change shall involve a minimum variation or offset
of four feet and may be met by placing dwellings so that they are
set back farther than attached private garage structures.
M.
Building setback and separation.
(1)
Setback. Townhouse and garden apartment buildings
and their permitted accessory structures shall be set back from all
exterior lot lines of a tract and all existing rights-of-way of streets
a minimum setback of 30 feet, except:
(a)
A minimum setback of 70 feet shall be required
for principal and accessory buildings from the lot line of an existing
single-family detached residence. This set back may include any required
buffer area.
(b)
A minimum setback of 50 feet shall be required
from the future right-of-way of any arterial street for any principal
building.
(c)
A minimum setback of 20 feet for principal and
accessory buildings is permitted from a private street cartway or
the future right-of-way of a local street.
(2)
Separation. Each principal building shall be separated
by a minimum of 25 feet from any other principal building.
N.
Water and sewer. Public water and public sewer service
shall be a requirement for any townhouse or garden apartment.
O.
Minimum width of townhouses. Each townhouse dwelling
unit shall have a minimum width of 20 feet, except that a minimum
width of 28 feet shall be required if the required front yard of the
townhouse would include two or more off-street parking spaces or if
garage door(s) for two or more motor vehicles face onto the front
of the townhouse lot.
P.
Minimum private area.
(1)
For each townhouse, there shall be a yard, balcony,
patio or other outdoor area other than a driveway immediately adjacent
to the front, back or side of each dwelling of not less than 200 square
feet for the exclusive use of the occupants of that dwelling.
(2)
If townhouses are subdivided into individual lots,
the minimum lot area shall be the building footprint plus this 200
square feet.
(3)
Design measures shall be used to seek an appropriate
level of privacy in any rear yards. Such measures might include landscaped
screening, compatible fencing or earthen berms. The intent is to avoid
the placement of incompatible fencing by individual lot owners in
the future.
(4)
Storage. If the maintenance of grass yards in front
of or behind a townhouse would be the responsibility of an individual
homeowner, a storage area suitable for storing lawn maintenance equipment
shall be provided with appropriate outside access.
Q.
Private streets. All private and public streets, and
access drives serving more than five dwelling units, but not including
parking courts, shall be built to Township standards for public streets.
R.
Architectural renderings required. Preliminary architectural
renderings, models or photos are requested for any garden apartment
or townhouse development of more than 10 units.
S.
Preservation of natural buffers. See § 275-171D(3)(c).
T.
Architectural variety. A variety of complimentary
designs and colors among clusters of dwellings are requested to avoid
extreme repetition, provided that there are not extreme changes between
adjacent facades.
U.
Garages. It is strongly recommended that any townhouses
be designed so that garages and/or carports are not an overly prominent
part of the view from public streets. For this reason, parking courts,
common garage or carport structures or garages at the rear of dwellings
are encouraged instead of individual garages opening onto the front
of the building, especially for narrow townhouse units.
V.
Mailboxes. Any mailboxes provided within the future
street right-of-way shall be clustered together in an orderly and
attractive arrangement or structure. Individual freestanding mailboxes
of noncoordinated types at the curbside are specifically discouraged.
W.
Trash bins. For any garden apartment or rental townhouse development, common trash receptacles shall be provided in locations that are convenient for residents and for collection. Screening is required by § 275-136.
X.
Access. Vehicular access points onto all arterial
and connector streets shall be minimized to the lowest number possible.
Y.
Subdivision ordinance. Any garden apartment or townhouse development shall fully comply with Chapter 230, Subdivision and Land Development. An improvements agreement must be entered into with the Township and recorded with the County Recorder of Deeds.
Z.
Minimum tract width and depth: 150 feet each.
AA.
Paved area setback. All off-street parking spaces,
except spaces on driveways immediately in front of carport or garage
entrances, shall be set back a minimum of 15 feet from any dwelling.
BB.
Number of units attached. In any building that includes
entirely garden apartments, a maximum of 16 dwelling units may be
attached or within one building. In any building that includes townhouses,
a maximum of eight dwelling units may be attached.
See Article XX.
A.
Maximum height: six stories or 60 feet, whichever
is less.
B.
Minimum lot area: five acres.
C.
Minimum building setback: 150 feet from all exterior
lot lines.
D.
Maximum density. The buildable area calculation in § 275-59D shall be used. A minimum average buildable area of 6,500 square feet per dwelling unit shall be required.
F.
Fire safety. The applicant shall prove that the proposed
height will be safe in terms of fire protection. This shall include
showing that adequate fire equipment is available to reach the proposed
height or that the building will be equipped with an adequate sprinkler
system.
G.
Maximum building length and width: 300 feet.
