Township of Hanover, PA Residential Districts

An accessory building or use shall not project nearer to the street on which the principal building fronts than such principal building.

An accessory building, private garage or accessory use shall be considered to be part of the main dwelling in applying front, side, and rear yard regulations of this chapter.

Except for townhouses and single-family attached dwelling units located in any residential zoning district, a detached outdoor storage shed may be located in a required side or rear yard provided that the following requirements are met:

Use. Storage shed to be used for the storage of lawn mowers, garden tractors, garden tools, lawn furniture, and all other material in this classification.

Size. Storage shed, whether prefabricated or custom built, shall not exceed 120 square feet of floor space and the wall height shall not exceed eight feet, nor the gable height exceed nine feet.

Location. Storage shed must be constructed at least three feet from rear and side yard property lines.

Anchoring. All buildings shall be properly and adequately anchored.

Patios, decks and/or privacy screens for townhouses or single-family attached residential dwelling units located in an R1-U or PHR Zoning District shall be permitted without conditional use or site plan approval in accordance with the following standards, and shall be permitted for townhouses or single-family attached dwelling units located in any other residential zoning district in accordance with the following standards:

Privacy screens. A privacy screen shall be constructed as an attached structure to the principal structure as long as such privacy screen complies with all of the following requirements:

No privacy screen shall be constructed within a building setback area or required yard area.

No screen shall be constructed into or through a drainage or utility easement.

A privacy screen shall be erected at right angles to the building face to which it is attached and it shall extend from that building face no more than 16 feet away from the building.

The minimum embedment of post for the privacy screen should be 24 inches below the surface of the ground.

No gates shall be installed in the privacy screen.

Privacy screens shall be constructed of pressure treated, wood-stained, natural wood-colored wood and shall not be painted.

[7]

Privacy screens shall be constructed of a stockade or board-on-board slatted-type construction with slats a maximum of four inches in width.

[8]

All privacy screens shall be set back from a side lot line at least six inches, even if no side yard requirement is required in the particular zoning district except, however, if no side yard setback requirement exists for the zoning district, the privacy screen may be constructed along the property line if both adjoining property owners agree in writing to a common fence at the time of the building permit application.

[9]

All privacy screens shall be six feet in height from the ground level.

Patios and decks. A patio or deck may be attached to the principal structure if all of the requirements listed below are met by such patio or deck:

No patio or deck shall be constructed within building setback lines or required yard areas.

No deck or patio shall encroach into a drainage easement or utility easement.

The minimum distance between the end of a patio or deck along a side lot line shall be at least 12 inches.

Maximum horizontal dimensions of the patio or deck shall be 16 feet in a direction parallel to the building face along which the deck or patio is constructed and eight feet in dimension as a projection away from such building face. The maximum distance the patio or deck may project away from a building face may be increased to a maximum of 10 feet if a hose bib, window well, or other similar obstruction along the building face prevents the patio or deck from being constructed immediately adjacent to the building face.

All concrete to be used for a patio or deck footers shall be at least 3,300 psi strength or better.

Any wood to be used for the deck or patio shall meet the following minimum specifications:

[a]

Pressure treated, 1,600 F Southern Yellow Pine or better.

[b]

Wood member sizes designed to meet load and size conditions.

[c]

All wood is to be stained a natural wood color, not painted.

[d]

Wood rails and posts are permitted.

[e]

All patios and/or decks shall have permanent concrete footers.

[f]

All patios and/or decks shall be constructed to BOCA Building Code standards.

[g]

Patio and deck roofs shall not be permitted.

[h]

Patio and deck awnings shall not be permitted.

Patios and decks for single-family detached residential dwelling units located in an R1-R, R1-S, or R1-U Zoning District shall be permitted without conditional use in accordance with the following standards:

[Added 4-28-2009 by Ord. No. 09-07]

Patios, installed at grade level, shall be permitted, provided all of the requirements listed below are met:

Patios shall be constructed of concrete, brick, blocks, pavers, open-grid premanufactured block, or similar materials. Gravel, small stones, or other loose material shall not be used except as may be necessary to secure and seal spaces between the primary construction materials.

A patio shall be permitted to extend into the required rear yard, but not closer than 30 feet to a rear lot line. Patios are not permitted to extend into any required side yard.

The maximum surface area of the portion of a patio that extends into any required rear yard shall be 150 square feet.

A patio that extends into any required rear yard must be uncovered and open to the sky, except retractable awnings shall be permitted to extend a maximum of 10 feet into a rear yard setback. Such retractable awnings shall be attached to the wall of the dwelling and shall not be supported by any other poles, posts or other supports.

Walkways, ancillary to the patio and less than three feet in width, may extend into the required rear and side yard setbacks, but not closer than three feet to a property line.

Patios shall not encroach into a drainage easement or utility easement.

[7]

Patios and walkways are considered part of lot coverage. Lot coverage shall not exceed the maximum coverage permitted in the respective zoning district.

Decks and raised patios. Decks or raised patios may extend into a required rear yard if all the requirements listed below are met by such deck or raised patio:

Maximum dimensions of the deck or raised patio shall be 20 feet in a direction parallel to the building face along which the deck or raised patio is constructed.

Decks or raised patios that extend into a required rear yard shall not be closer than 30 feet to a rear lot line. Decks and raised patios are not permitted to extend into any required side yard.

To be permitted under this section of the chapter, decks and raised patios must be uncovered and open to the sky, except retractable awnings shall be permitted to extend a maximum of 10 feet into a rear yard setback. Such retractable awnings shall be attached to the wall of the dwelling and shall not be supported by any other poles, posts or other supports.

Decks or raised patios shall not encroach into a drainage easement or utility easement.

Decks and raised patios are considered a part of lot coverage. Lot coverage shall not exceed the maximum lot coverage permitted in the respective zoning district.

All decks and raised patios shall be constructed in accordance with current Building Code standards.

Small wind-energy system, provided that it complies with Chapter 145, Small Wind-Energy Systems, of the Hanover Township Codified Ordinances.

[Added 5-26-2009 by Ord. No. 09-10]

Private swimming pool. Except for townhouses and single-family attached dwelling units located in any residential zoning district, a private noncommercial swimming pool whether aboveground or in-ground may be permitted on the same lot with a dwelling unit, subject to the following conditions:

No edge of said pool shall be located nearer than 50 feet to a street right-of-way line.

No edge of said pool shall be located nearer than 10 feet to any lot line or zoning district line.

If said pool is located within 20 feet of any lot line, such pool and related preventative fencing shall be screened by plantings.

Pool may not be located in front yards.

This section does not invalidate any other Township, county, or state ordinance or regulation pertaining to private swimming pools, walls, and fences.

Exceptions to yard requirements. Existing setbacks in developed areas. A proposed single-family detached dwelling shall not be required to have a setback greater than the average of the two existing dwellings with the greatest setbacks located within 100 feet on each side of the proposed dwelling, on the same side of the street, within the same block, in the same district.

Home occupations.

[Amended 2-27-2018 by Ord. No. 18-02]

Size limit. A home occupation shall not occupy more than 25% of the total floor area of a dwelling unit or 500 square feet of the unit, whichever is less.

Personnel limit. Not more than one person shall be employed in a home occupation who is not an occupant of the dwelling unit nor a member of the occupying family.

General use restrictions.

A home occupation is one that is incidental to the residential use of the premises. The occupant of the residence where the home occupation is to be located shall be the same as the operator of the approved home occupation for that residence. A home occupation shall be one of the following:

No-impact home occupation: a business activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

Moderate-impact home-based business: a business having no more than one employee; a business activity conducted as an accessory use which is clearly secondary to the use as a residential dwelling, having no more than one employee and which involves customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

[a]

Parking. A minimum of two off-street parking spaces, in addition to those required for the residential unit, shall be required for all home occupation uses which will be visited by customers or clientele. No on-street parking will be permitted to support a home occupation.

A home occupation shall be carried on in the principal structure only; accessory buildings designed or intended to be used for the home occupation shall not be permitted.

Garages shall not be permitted to be used for a home occupation.

Use restrictions. In connection with the operation of a home occupation, it shall not be permitted to:

Sell articles produced elsewhere than on the premises.

Have exterior displays of goods visible from the outside.

Store materials, articles, or products outside or on top of any structure on the lot.

Have any visible evidence of a home occupation use when viewed from the building exterior, except for sign as regulated in § 185-25F(5).

Regulation of signs for home occupations.

Only one sign per dwelling unit shall be permitted for a home occupation use.

Said sign shall be attached flush on the dwelling unit structure below the roof line.

Said sign shall not exceed two square feet in total area.

Examples of home occupations. Home occupations include:

No-impact home occupation.

Artistic endeavors carried on in a studio or similar area.

Handicrafts, such as dressmaking, sewing and the like.

Consulting or service-oriented activities where all services are provided off site and home use is limited to administration of the business.

Moderate impact home-based business.

Professional practices, such as law, medicine, architecture, and engineering.

Beautician and barber.

(7)

Examples of nonhome occupations. Home occupations do not include:

Veterinary practice.

The raising of animals, pets, horses, etc., for commercial purposes.

Any occupation or business that requires the use of a panel truck or a delivery truck or similar vehicle.

Motor vehicle repair.

(e)

Day-care center.

(8)

A home occupation is not transferable to new occupant/owner of the premises.

Supplementary regulations applying to telephone exchange or other utility installations.

Any building that is constructed shall be architecturally consistent with the character of residences in the immediate area, including being consistent in:

Building height.

Building size.

Building and site design.

Exterior materials.

(e)

Landscaping and topography.

All machinery, mechanisms, transformers, storage tanks, switching gears, valves, other equipment, and the supports for them, shall be enclosed in a structure conforming to the provisions of § 185-25G(1).

Materials of any type shall not be stored in the open, nor shall vehicles be parked in the open.

Materials and vehicles shall be stored in a structure conforming to the provisions of § 185-25G(1).

Accessory buildings and structures for townhouses and single-family attached dwelling units. No accessory building types or structures shall be permitted for townhouses and/or single-family attached dwelling units in any residential zoning district except in accordance with the specific provisions of this chapter and the approved site plan and/or subdivision and land development plan, if any.

§ 185-26 Regulations applicable to R1-R, R1-S and R1-U Single-Family Residential Districts.

Permitted uses. Only the following uses or building types shall be permitted in this district, except nonconforming uses or buildings as provided for in Article XI:

Detached single-family house.

Publicly owned recreation or open space areas and facilities.

Agriculture and agricultural operations, but limited to the cultivation of soil and the raising and harvesting of products of the soil including but not limited to nursery, horticulture and forestry.

[Amended 11-20-2001 by Ord. No. 01-12]

Municipal services buildings and facilities.

Group home.

[Added 9-27-2011 by Ord. No. 11-10]

Short-term rental in accordance with the provisions of Ordinance No. 19-03.

[Added 7-23-2019 by Ord. No. 19-04]

Accessory uses. Only the following accessory building types or uses shall be permitted in this district, except nonconforming uses or buildings as provided for in Article XI:

Private garage or parking area pursuant to § 185-25C.

Private noncommercial swimming pool, pursuant to § 185-25D.

Other customary accessory uses found in a single-family detached home residential areas, as approved by the Zoning Administrator.

Temporary sign, pursuant to § 185-19E.

Special exceptions. Only the following building types or uses shall be permitted, pursuant to Zoning Hearing Board review requirements in Article XIV:

Public or private school in R1-U Districts only.

Church or other place of worship in R1-U District only.

Telephone exchange or other public or quasi-public utility installations, pursuant to § 185-25G.

Conditional uses. Only the following building types or uses shall be permitted, pursuant to Board of Supervisors requirements in § 185-54:

Single-family detached house.

(Reserved)[1]

Editor's Note: Former Subsection D(2), regarding group homes, was repealed 9-27-2011 by Ord. No. 11-10.

Active adult residential community in the R1-R District only.

[Added 2-13-2007 by Ord. No. 07-02]

Site plan approval. Site plan review by the Planning Commission and approval by the Board of Supervisors shall be required for the uses listed below. For site plan minimum requirements, see § 185-22C of this chapter.

Permitted uses listed in § 185-26A(2) and (3).

All special exception uses in § 185-26C.

Clustered housing.

Conditional use in § 185-26D(3).

[Added 2-13-2007 by Ord. No. 07-02]

Area and bulk requirements. The following requirements shall be observed:

In the District R1-R (Rural):

[Amended 2-13-2007 by Ord. No. 07-02]

	One Single-Family Detached House¹	Open Space²
Minimum lot area	1 acre	NR
Minimum lot width	150 feet	NR
Maximum lot coverage	25%	NR
Minimum front yard	50 feet	NR
Minimum side yard, each	10% of lot width	NR
Minimum rear yard	40 feet	NR
Maximum building or structure height	35 feet	NR

	NOTES:
	¹ Area and bulk requirements for the active adult residential community use are found in § 185-54E(16) of the chapter.
	² No requirements are established. Requirements are to be set in the site plan review.

In the District R1-S (Suburban):

	One Single-Family Detached House	Open Space¹
Minimum lot area²	12,000 square feet	NR
Minimum lot width	90 feet	NR
Maximum lot coverage	33%	NR
Minimum front yard	35 feet	NR
Minimum side yard, each	10% of lot width	NR
Minimum rear yard	40 feet	NR
Maximum building or structure height	35 feet	NR

	NOTES:
	¹ No requirements are established. Requirements are to be set in the site plan review.
	² The minimum lot area for lots being served by on-lot sewage disposal and on-lot water supply is one acre, for the lots being served with either on-lot sewage and centralized or public water, or public sewage and on-lot water supply it is 20,000 square feet unless otherwise more restricted by state regulations.

In the District R1-U (Urban):

	One Single- Family Detached	Public or Private School⁴	Church⁴	Open Space¹
Minimum lot area^2,3	12,000 square Feet	4 acres	3 acres	NR
Minimum lot width³	90 feet	250 feet	150 feet	NR
Maximum lot coverage	33%	25%	25%	NR
Minimum front yard³	35 feet	100 feet	40 feet	NR
Minimum side yard, each³	10% of lot width	30 feet	30 feet	NR
Minimum rear yard	35 feet	100 feet	40 feet	NR
Maximum building and structure height	35 feet	35 feet	35 feet	NR

	NOTES:
	¹ No requirements are established. Requirements are to be set in the site plan review.
	² The minimum lot area for lots being served by on-lot sewage disposal and on-lot water supply is one acre, for the lots being served with either on-lot sewage and centralized or public water, or public sewage and on-lot water supply, it is 20,000 square feet unless otherwise more restricted by State Regulations.
	³ A single-family detached house is permitted by right on lots that meet the criteria established in the chart listed herein. The minimum lot area, minimum lot width and minimum front yard may be modified by conditional use approval for a cluster single-family detached development if all of the following criteria are met:
	a.	The maximum density of the gross site area being subdivided (including road rights-of-way) shall not exceed 3.5 dwelling units per acre.
	b.	The maximum density for the gross site area being developed (including road rights-of-way) but excluding portions of the site area which fall in existing or proposed permanent drainage easements, floodways or flood fringes shall not exceed six dwelling units per acre.
	c.	Only one single-family detached dwelling unit shall be permitted on a single lot.
	d.	Individual lots shall be at least 6,500 square feet in lot area and have a minimum lot width of 60 feet.
	e.	The minimum front yard required shall be 25 feet from a local street and a minimum of 35 feet from a collector or arterial street.
	f.	If a lot abuts more than one street, the minimum front yard setback shall only apply to the street onto which the house faces. The front yard setback from the additional abutting street (or streets) shall be a minimum of 35 feet.
	g.	Accessory uses and/or structures or structure modifications must be identified at the time of the conditional use plan submission. Such uses and structures may include such items as decks, patios, screening fences, lamp posts and other miscellaneous items. All such uses and structures shall be architecturally compatible with the development.
	h.	Covenants and building or land use restrictions proposed by the developer must be identified at the time of the conditional use plan submission. Such covenants may include such items as restrictions on parking of large recreation vehicles or trucks.
	i.	Architectural plans of the buildings proposed must be presented at the time of the conditional use plan submission, and such plans should demonstrate a variety of house styles but also demonstrate architectural compatibility throughout the development.
	j.	All lots must be provided with public water and sewer service.
	⁴ Public schools, private schools and churches must have direct vehicular access to a collector or arterial street unless otherwise approved by the Township Board of Supervisors during site plan review after recommendation by the Planning Commission, and must be provided with public sewage service and public or centralized water supply service.

Other regulations.

Off-street parking regulations. The provisions of § 185-17 shall apply.

Off-street loading regulations. The provisions of § 185-18 shall apply.

Wherever possible, a single-family dwelling unit shall not be permitted direct access to an arterial or collector road so designated in the Township's Official Map.

§ 185-27 Regulations applicable to R-2 Multiple-Family Residential District.

Permitted uses. Only the following uses or building types shall be permitted in this district, except nonconforming uses or buildings as provided for in Article XI:

Garden apartments.

Townhouses.

Cluster or semidetached houses.

Mobile home park.

Open space.

Agriculture and agricultural operations, but limited to the cultivation of soil and the raising and harvesting of products of the soil including but not limited to nursery, horticulture and forestry.

[Amended 11-20-2001 by Ord. No. 01-12]

Accessory uses. Only the following uses or building types shall be permitted in this district, except nonconforming uses or buildings as provided for in Article XI:

Private garages or parking areas, pursuant to § 185-25C.

Private noncommercial swimming pool, pursuant to § 185-25D.

Other customary accessory uses found in multiple-family residential areas as approved by the Zoning Administrator.

Temporary sign, pursuant to § 185-19E.

Special exceptions. Only the following building types or uses shall be permitted, pursuant to Zoning Hearing Board review requirements of Article XIV:

Telephone exchange or other public or quasi-public utility installation, pursuant to § 185-25G.

Recreation facilities available to all residents of a Multiple-Family Residential development.

Site plan approval. (See § 185-22C for minimum site plan requirements.)

Site plan review by the Planning Commission and approval by Board of Supervisors shall be required for all uses listed in § 185-27A, B and C. Chapter 159, Subdivision and Land Development, shall be sufficient for this site plan approval, provided the requirements of this chapter are met.

The Board of Supervisors may approve only those multiple-family site plans which meet the following requirements:

A multiple-family residential development shall be developed according to an integrated site plan.

A multiple-family residential development shall be developed according to the applicable standards in Chapter 159, Subdivision and Land Development.

Area and bulk requirements. The following requirements shall be observed:

In the District R-2:

	All Uses Except Those Listed Separately	Open Space¹
Minimum lot area	8 acres	NR
Maximum density^2,3(in dwelling units per acre of lot area)	8	NR
Maximum lot coverage	35%	NR
Minimum lot width	250 feet	NR
Minimum front yard	50 feet	NR
Minimum side yard (each)	40 feet	NR
Minimum rear yard	50 feet	NR
Maximum building or structure height	35 feet	NR

	NOTES:
	¹ No requirements are established. Requirements are to be set in the site plan review.
	² For mobile home parks the maximum density shall be four dwelling units per acre of lot area.
	³ The maximum density for that portion of the lot which falls outside of permanent drainage easements or floodways or flood fringes shall not exceed an average of 12 dwelling units per acre.
	⁴ In determining the maximum density for any lot development or part or phase of a lot development, the existence of public roads or streets on the integrated site plan and subdivision plan shall not act as a de facto subdivision unless specifically noted on such plan, and, except for acreage encompassed by such public roads or streets, shall not limit the amount of acreage utilized in determining the maximum density (dwelling units per acre of lot area) requirements under this section applicable to such plan in the absence of such public roads or streets. Within the integrated site plan and subdivision plan, however, the density of any individual lot, exclusive of existing public road rights-of-way or future proposed road rights-of-way, shall not exceed 8.8 dwelling units per acre.

Other requirements.

A multiple-family development shall have frontage on and access to a collector or arterial highway so designated in the Official Township Map, unless otherwise agreed to by the Board of Supervisors. Access points to the collector or arterial road shall be held to an absolute minimum.

Off-street parking requirements. The provisions of § 185-17 shall apply.

Off-street loading requirements. The provisions of § 185-18 shall apply.

A multiple-family residential development or mobile home park shall be supplied with public sewage disposal facilities and with either centralized or public water supply.

Landscaping requirements:

A twenty-foot-wide planting strip shall be provided along all multiple-family or mobile home park side and rear property lines abutting all Single-Family Residential Districts, Agricultural Districts, and Office and Institutional Districts.

Except as regulated above, planting strips shall conform to Chapter 67, Construction Standards.

§ 185-28 Regulations applicable to PHR Planned Highway Residential District.

Permitted uses. Only the following uses or building types shall be permitted in this district, except nonconforming uses or buildings as provided for in Article XI:

Detached single-family.

Publicly owned recreation or open space area.

Agriculture and agricultural operations, but limited to the cultivation of soil and the raising and harvesting of products of the soil including but not limited to nursery, horticulture and forestry.

[Amended 11-20-2001 by Ord. No. 01-12]

Municipal service buildings and facilities.

Single-family semidetached houses.

Short-term rental in accordance with the provisions of Ordinance 19-03.

[Added 7-23-2019 by Ord. No. 19-04]

Accessory uses. Only the following uses or building types shall be permitted in this district, except nonconforming uses or buildings as provided in Article XI:

Private garage or parking areas, pursuant to § 185-25C.

Private noncommercial swimming pool, pursuant to § 185-25D.

Temporary sign pursuant to § 185-19E.

Other customary accessory uses found in residential areas as approved by the Zoning Administrator.

Special exceptions. Only the following building types or uses shall be submitted, pursuant to Zoning Hearing Board review requirements of Article XIV:

Public or private school.

Church or other place of worship.

Telephone exchange or other public or quasi-public utility installation pursuant to § 185-25G.

Conditional uses. Only the following building types or uses shall be permitted, pursuant to Board of Supervisors requirements in § 185-54:

Garden apartments.

Townhouses and attached single-family.

Life care facility, including nursing homes but excluding hospitals.

Mobile home park.

All special exceptions uses in § 185-28C and all conditional uses in § 185-28D.

Area and bulk requirements. The following requirements shall be observed:

[Amended 2-12-2002 by Ord. No. 02-01]

	Single- Family Detached	Single- Family Semi- Detached	All Other Permitted Uses	All Special Exception Uses	All Conditional Uses^2,3
Minimum lot area	10,000 square feet	6,000 square feet	2 acres	3 acres	8 acres
Minimum lot width	75 feet	50 feet	150 feet	150 feet	250 feet
Maximum lot coverage	35%	40%	25%	25%	35%
Minimum front yard	25 feet	25 feet	25 feet	40 feet	50 feet
Minimum side yard, each	10% of lot width	0 feet (one side) 20 feet (other)	20 feet	30 feet	40 feet
Minimum rear yard	35 feet	35 feet	35 feet	40 feet	50 feet
Maximum building or struc- ture heights	35 feet	35 feet	35 feet	35 feet	35 feet
Maximum density in dwelling units per acre					6¹

	NOTES:
	¹For mobile home parks the maximum density shall be four dwelling units per acre of lot area.
	² For all conditional uses principal buildings must be at least 35 feet apart, and for townhouses and attached single-family dwelling there shall be no more than eight attached or clustered in one structure.
	³ For townhouse or attached single-family dwellings, the individual dwelling may have a smaller lot area and front, side and rear yards, if such lot fronts on a public street. In that case, the minimum lot width shall be 20 feet the minimum front yard shall be 25 feet. The minimum rear yard shall be 35 feet. The minimum side yard at the end of a row shall be 20 feet. The maximum lot coverage for an individual townhouse or attached single-family lot shall be 70%, as long as the overall lot coverage for the entire developed lot is no greater than 35%. The site plan must show varying setbacks within a townhouse or attached single-family dwelling structure, and where possible at least one vertical elevation change in the roof line.

Other requirements.

All special exception and conditional uses shall have frontage on and access to a collector or arterial highway so designated in the Official Township Map, unless otherwise agreed to by the Board of Supervisors.

All uses in this district shall be supplied by public water and public sewer.

Off-street parking requirements. The provisions of § 185-17 shall apply.

Off-street loading requirements. The provisions of § 185-18 shall apply.

Landscaping requirements:

A twenty-foot-wide planting strip shall be provided along the property line of all conditional use development, except along street frontages and except as otherwise approved by Board of Supervisors at site plan review.

Except as regulated above, the planting strip shall conform to Chapter 67, Construction Standards.

[Amended 1-27-2004 by Ord. No. 04-02]

§ 185-28.1 Regulations applicable to R1-A Residential District.

[Added 3-22-2005 by Ord. No. 05-02]

Permitted uses. Only the following uses or building types shall be permitted in this district:

Active adult residential community, subject to the following restrictions:

The active adult residential community shall be designed and operated for occupancy by persons 55 years of age or older, and:

At least 80% of the occupied units shall be occupied by at least one person who is 55 years of age or older and with no occupants under the age of 18;

The developer of the active adult residential community shall publish policies and procedures for owners and residents that will enforce the requirements of this section; and

The age-restriction requirements of this section shall apply to each dwelling unit in an active adult residential community and shall be set forth as a condition of subdivision and land development approval by the Township, and shall be set forth as either deed restrictions for each dwelling unit in an active adult residential community or as a recorded declaration, running with the land, which shall apply to each dwelling unit in an active adult residential community. The deed restrictions or recorded declaration shall specifically give to the Township the right but not the obligation to enforce the age-restriction requirements as set forth in this section.

The following dwelling types shall be allowed within an active adult residential community: single-family detached dwellings, single-family semidetached dwellings and single-family attached dwellings. A minimum of 65% of the total dwelling units shall be single-family detached dwellings.

The developer of an active adult residential community shall create a condominium association or homeowners' association of all dwelling owners, which association shall maintain commonly owned areas, private streets and other common facilities. All dwelling owners in the development shall be required to pay necessary fees to the condominium association or homeowners' association, with a proper enforcement mechanism as provided by state law.

All internal streets shall be privately owned and maintained. The cartway shall be a minimum of 24 feet in width constructed to the minimum standards of local streets as specified in the Hanover Township Subdivision and Land Development Ordinance and Construction Standards.[1] Curbing shall be required.

Editor's Note: See Ch. 159 and Ch. 67, respectively.

(e)

Each dwelling unit may be owned as a unit within a condominium or homeowners' association without the requirement of individual lot lines.

(f)

Each dwelling unit shall be served by public water and public sewage services.

(g)

An active adult residential community shall not include any commercial uses serving individuals that are not residents.

(h)

A common recreation area shall be constructed by the developer with private recreation facilities for the residents of the development and their occasional invited guests. At a minimum, this recreation area shall include an indoor community center, an outdoor swimming pool or spa, and an accessory outdoor recreation area, such as facilities for games for seniors. The community center shall include a minimum of 25 square feet of interior building space per dwelling unit. The community center shall include, at minimum, the following: indoor exercise/fitness facilities, multipurpose room, kitchen, restrooms and areas for crafts and activities.

These recreation facilities shall not be in place of recreation land dedication, recreation fee requirements and/or open space requirements of this chapter, the Township Subdivision and Land Development Ordinance and other ordinances. The developer shall provide the usual public recreation land or fees provided for in the Subdivision and Land Development Ordinance.[2] The subdivision or land development plan shall include a detailed description of the types and locations of recreational facilities that will be constructed.

Editor's Note: See Ch. 159, Subdivision and Land Development.

The recreation facilities shall be privately owned and shall be privately maintained by the condominium association or homeowners' association, and shall not be dedicated to the Township.

(i)

Preliminary architectural renderings shall be provided of typical dwelling units within the development and the community center at the time of submission of the preliminary subdivision or land development plan.

To the extent lands zoned R1-A are not utilized as an active adult residential community, then uses and building types permitted in the R1-R, R1-S and R1-U Single-Family Residential Districts shall be permitted, subject to the requirements set forth in this chapter for such uses and building types in the applicable respective district.

All home occupations shall be specifically prohibited.

Short-term rental in accordance with the provisions of Ordinance 19-03.

[Added 7-23-2019 by Ord. No. 19-04]

Accessory uses. The same as those set forth in § 185-26B shall be permitted.

Area and bulk requirements. The following requirements shall be observed for an active adult residential community:

Tract size. The minimum tract size shall be 60 acres, which shall be controlled by a single entity at the time of the subdivision and land development application.

Lot width. The minimum lot width shall be 400 feet.

Density. The maximum density shall be four units per gross acre of tract size for the development. Areas occupied by recreational uses, buildings, proposed new internal streets, wooded areas, utility easements, buffer areas, stormwater detention/retention pond areas and other areas of the tract within this zoning district shall not be deleted from the total lot area for the purposes of determining maximum density.

Setbacks.

Each building shall have a minimum setback of: a) 50 feet from the ultimate/future right-of-way of a public collector or arterial road; b) 30 feet from the ultimate/future right-of-way of any other public street; c) 25 feet from the edge of cartway of any private street; d) 50 feet from the property lines of existing residential lots with lot sizes less than one acre and e) 25 feet from all other parts of the perimeter of the tract that will constitute the active adult residential community.

The following minimum separation distances shall apply between the walls of buildings: a) 15 feet between the sides of buildings; b) 25 feet between the rear and the side of a building; and c) 40 feet between the rears of buildings. There shall be a minimum building setback of 25 feet around the perimeter of an active adult residential community tract, except as noted above.

Height. The maximum building height shall be 2.5 stories or 35 feet, whichever is more restrictive.

Attached dwellings. No more than four dwelling units shall be attached in one structure.

(7)

Total imperious coverage. Shall not exceed 40%.

Other requirements for an active adult residential community:

Individual dwelling access. All driveways from dwellings shall enter onto an internal street or parking court system within the development. No new driveway for a dwelling shall enter directly onto an existing public street.

Off-street parking regulations. A minimum of four off-street parking spaces shall be provided for each dwelling unit. Two of these spaces must be located in garages, which garages shall be used primarily for the parking of automobiles, while two additional spaces may be located on driveways. These requirements are in lieu of the requirements of § 185-17.

Parking shall only be permitted on one side of any street unless the street width is a minimum of 28 feet, in which case parking shall be permitted on both sides of each street. Parking shall not be permitted on curved sections of streets. On-street parking areas should be described on the land development plan. All other areas shall be posted with no parking signage.

Perimeter planting areas.

That part of the perimeter of an active adult residential community tract adjacent to a public street shall have a landscape planting and lawn area with a minimum width of 20 feet along the length of each such public street. This planting area shall be outside of any required future/ultimate street right-of-way and outside of any drainage or utility easement but may overlap a required setback. No buildings shall be permitted in the planting area. This planting area shall be installed and maintained in accordance with a planting plan that is submitted to the Township for approval. This planting area shall be maintained by the condominium association or homeowners' association.

For those portions of the active adult residential community tract adjacent to lands within the PIBD District, the landscaping requirements of § 185-35G(3) for the PIBD tract shall be met or the developer shall have the following option: (i) the fifty-foot-wide PIBD planting strip may overlap any perimeter planting area for the active adult residential community (whether required in the community or not) to create a unified landscape planting area; (ii) not less than 25 feet of the fifty-foot-wide PIBD planting strip shall be on the PIBD tract; (iii) the common planting strip must include an earth berm with minimum height of four feet, except where precluded because of utility easements or infrastructure; and (iv) the earthen berm may be located on the PIBD property or it may straddle the property line between the PIBD and Rl-A tracts; provided, however, that the horizontal centerpoint of the top of the berm shall not extend onto the R1-A tract beyond its property line with the PIBD tract. If the developer chooses the aforementioned option, then the twenty-five-foot building setback shall be measured from the property line.

Perimeter buffer requirements. Each portion of the RI-A tract that is adjacent to a residential dwelling existing as of the time of preliminary plan submission for the active adult residential community, shall include tree and shrub screening in accordance with Subdivision and Land Development Ordinance § 67-8A.