The intent of Article VII is to develop land use and development requirements for the permitted residential uses within Caln Township. The provisions of Article VII are intended to supplement and not replace the zoning district regulations, which are further specified under Article IV of this chapter.
A.
Single-family detached residential units, as defined under Article II of this chapter, are permitted by right within Caln Township as follows:
B.
Unless otherwise specified by this Code, all single-family
detached dwelling units shall be located on approved residential lots
which comply with the minimum and maximum dimensional requirements
as well as the utility provisions, which are further specified by
the appropriate zoning district to which the single-family detached
residential unit is located.
C.
Where required to comply with the provisions of the
Caln Township Code, a subdivision plan and/or land development plan
shall be submitted to Caln Township for review and consideration prior
to the issuance of a building permit for a single-family-detached
residential use. If a subdivision or land development plan is required,
the plan shall be prepared to comply with the appropriate provisions
of the Code.
D.
All typical accessory uses and structures to a single-family
detached residential unit shall be permitted, provided they are located
on the same lot as the single-family detached unit; they are clearly
subordinate to the single-family detached residential unit; they have
been properly addressed as part of the application for a building
permit, subdivision plan or land development plan; and/or they comply
with all other supplemental development and design requirements specified
within the Code.
A.
Single-family semidetached dwelling units, as defined under Article II of this chapter, are permitted by right within the R-3 and R-4 Zoning Districts.
[Amended 4-24-2008 by Ord. No. 2008-4; 9-27-2012 by Ord. No.
2012-07]
B.
Unless otherwise specified by this Code, all single-family
semidetached dwelling units shall be located on individually approved
residential lots which comply with the minimum and maximum dimensional
requirements as well as the utility provisions, which are further
specified by the appropriate zoning district to which the single-family
semidetached residential unit is located.
C.
Unless otherwise permitted by this Code, each residential
semidetached unit shall be considered as a principal use and shall
be contained within a residential lot meeting the individual dimensional
and utility requirements for a semidetached unit. Each residential
lot shall be accurately described by bearings and distances which
shall be recorded as a separate deed.
D.
The common wall separating the residential semidetached
units shall be considered the common lot line as extended from the
front property line to the rear property line. The side yard setback
requirements shall not apply to any part of the principal residential
use; however, the side yard setback requirement for all accessory
buildings and/or uses should be measured at least 10 feet from the
common lot line.
E.
Where required to comply with the provisions of the Caln Township Code, a subdivision plan and/or land development plan shall be submitted to Caln Township for review and consideration prior to the issuance of a building permit for a single-family semidetached residential use. If a subdivision or land development plan is required, the plan shall be prepared to comply with the appropriate provisions of Chapters 137 and 155 of the Code.
F.
All typical accessory uses and structures to a single-family
semidetached residential unit shall be permitted, provided they are
located on the same lot as the single-family semidetached unit; they
are clearly subordinate to the single-family semidetached residential
unit; they have been properly addressed as part of the application
for a building permit, subdivision plan or land development plan;
and/or they comply with all other supplemental development and design
requirements specified within the Code.
A.
Two-family detached dwelling units, as defined under Article II of this chapter, are permitted by conditional use within the R-4 Zoning District.
[Amended 4-24-2008 by Ord. No. 2008-4]
B.
Unless otherwise specified by this Code, all two-family
detached dwelling units shall be located on approved residential lots
which comply with the minimum and maximum dimensional requirements
as well as the utility provisions, which are further specified by
the appropriate zoning district to which the two-family detached residential
unit is located.
C.
Unless otherwise permitted by this Code, each two-family
detached residential unit which shall be contained within a residential
lot meeting the dimensional requirements for two-family detached residential
units shall have separate utility connections to each residential
unit. Each residential lot and unit shall be accurately by described
by defined parameters, which shall be recorded as a separate deed.
D.
Where required to comply with the provisions of the
Caln Township Code, a subdivision plan and/or land development plan
shall be submitted to Caln Township for review and consideration prior
to the issuance of a building permit for a two-family detached residential
use. If a subdivision or land development plan is required, the plan
shall be prepared to comply with the appropriate provisions of the
Code.
E.
All typical accessory uses and structures to a two-family
detached residential unit shall be permitted, provided: they are located
on the same lot as the two-family detached unit; they are clearly
subordinate to the two-family detached residential unit; they have
been properly addressed as part of the application for a building
permit, subdivision plan or land development plan; and/or they comply
with all other supplemental development and design requirements specified
within the Code.
A.
Multifamily townhouse units, as defined under Article II of this chapter, are permitted by conditional use within the R-4 and TV-1 Zoning Districts. Multifamily townhouse units are also permitted as previously approved by Caln Township within the R-5 Zoning District.
B.
All multifamily townhouse unit developments shall
be designed in accordance with the following general design requirements:
(1)
The minimum amount of land in the development shall
be 25 contiguous acres. “Contiguous land area” shall be
defined as a parcel of land that is owned under a single deed or parcels
of land that are owned under multiple deeds, provided that the parcels
of land are contiguous to each other having common deed boundaries
and are not physically separated by parcels of land owned by other
individuals or parties. The Board of Commissioners shall consider
contiguous parcels of land that are physically separated by existing
public roads, utility easements or rights-of way, streams and/or other
natural features, provided that the applicant demonstrate that the
multifamily townhouse unit development can be harmoniously designed.
(2)
All of the uses contained within the development shall
be served by public sanitary sewage disposal facilities. As part of
the conditional use application, the applicant shall provide evidence
that there are sufficient capacities to service the development in
accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall
be served by public water supply facilities. As part of the conditional
use application, the applicant shall provide evidence that there are
sufficient capacities to service the development in accordance with
the terms specified on all pertinent municipal agreements.
(4)
The maximum permitted residential density (townhouse
units per gross acre) for multifamily townhouse unit developments
shall not exceed 4.0 townhouse units per gross acre.
(5)
A minimum of 50% of the gross area of the multifamily
townhouse unit development shall be set aside as common open space.
C.
The multifamily townhouse unit development shall be
designed to comply with the following minimum and maximum dimensional
requirements:
(1)
The minimum width of a townhouse unit shall be 24
feet per unit.
(2)
The building setback line should be established 30
feet from the right-of-way line or 40 feet from the curbline.
(3)
The minimum building separation from other groups
of townhouse units within the development shall be as follows:
(4)
All townhouse units within the development shall be
located at least 50 feet from any property line or property which
is not owned by the applicant in predevelopment conditions.
(5)
The number of townhouse units, attached in a common
row, shall not exceed eight attached townhouse units.
(6)
The maximum height of a townhouse unit shall be 35
feet.
(7)
No more than 25% of the total area of the development
shall be covered by buildings.
(8)
No more than 40% of the total area of the development
shall be covered by impervious surfaces.
D.
The multifamily townhouse unit development shall be
designed in accordance with following architectural, landscaping and
exterior enhancement standards:
(1)
The development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to insure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 155 and 137 relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
A preliminary grading plan shall be developed to identify
the limits of disturbance for all municipal site improvements within
the multifamily townhouse unit development, depicting the proposed
location thereof in relation to lakes, ponds, streams, floodplains,
wetlands, tree masses and hedgerows. Design components shall be implemented
to minimize extensive earthmoving, utilizing typical planning and
engineering practices.
(3)
The applicant shall give special attention to the
main entrance(s) to the multifamily development. The use of lighting,
water and/or landscaping products in conjunction with a boulevard
street design shall be provided and considered as a prominent feature
of the development. A boulevard entrance shall be required unless
otherwise approved by the Board of Commissioners as part of the conditional
use application.
(4)
A landscaping plan shall be submitted to Caln Township
for consideration as part of the conditional use application. Unless
otherwise permitted by the Board of Commissioners as part of the conditional
use application, the applicant shall provide three new trees per townhouse
unit. The trees should be a minimum caliper of three inches in caliper
and shall be planted either as street trees, as part of the buffer
yard or within the areas designated as common open space.
(5)
The multifamily development shall provide a twenty-five-foot-wide
buffer yard and planting screen along the property lines at the perimeter
of the development tract to enhance the privacy of the adjacent property
owners. The design of the landscape and planting screen shall be subject
to the reasonable approval of the Board of Commissioners. The use
of existing mature trees (six inches in caliper, as measured four
feet from the ground) is encouraged and may be utilized as part of
the required buffer yard.
(6)
Townhouse units shall be constructed utilizing mansards,
gables and/or hip roofs as part of the architectural design. The front
building lines or facade of any two adjoining townhouse units shall
be staggered or offset so that each townhouse unit will have a minimum
horizontal separation (front to back at full height) of two feet.
(7)
The common off-street parking areas and access drives shall be designed considering the provisions of Article X of this chapter as well as the following requirements:
(a)
The parking areas shall not be designed or located
to require cars to back into streets in order to leave the parking
areas. All dead-end parking lots shall provide adequate areas in which
emergency and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall
be located a minimum of 20 feet from all structures and from the exterior
lot lines of the development. Common parking areas shall be a minimum
of 20 feet from all street rights-of-way and exterior lot lines of
the development.
(c)
The entrance and exitways to parking areas shall
have a minimum width of 12 feet for each lane of traffic entering
or leaving the areas.
(d)
Parking areas shall be designed to prevent through traffic to other parking areas. No more than 60 off-street parking spaces shall be accommodated in any one parking area. All common parking areas shall be sufficiently screened and landscaped in accordance with the standards specified under § 155-119 of this Code.
(e)
Entrances to and exits from common parking areas
shall be located a minimum of 150 feet from the point of intersection
of the nearest street curblines.
(8)
Exterior storage areas for trash and rubbish shall
be completely screened from view on three sides by fencing and landscaping.
All trash and rubbish shall be contained in verminproof containers.
E.
The design of the land or water areas designated as
common open space shall comply with the following standards and specifications:
(1)
A minimum of 50% of the gross area of the development
tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be
located on lands within areas that are located within the one-hundred-year
floodplain, areas delineated as wetlands and/or areas with a slope
of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
No more than 50% of the common open space shall include
land areas that are burdened by or are proposed to contain utilities
easements and/or stormwater management facilities, as further described
under Caln Township Code.
(4)
The common open space shall be planned and located
as a contiguous accessible area within the development. Existing and/or
proposed roads may bisect the areas designated as common open space,
provided a crosswalk at grade is safely designed to link the common
open space areas. Planned linkages to other common open space areas
within other adjacent residential developments shall be considered
by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated
into the overall schematic of the design as common open space areas
whenever possible.
(6)
A system for pedestrian circulation throughout the
development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the
minimum open space requirements shall be comprised of areas not less
than 50 feet in width and shall not contain less than one contiguous
acre of land. In addition, there shall be at least one designated
common area that is contiguous within the multifamily townhouse unit
development containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements
approved by the Board of Commissioners shall be executed as a declaration
of easements, covenants and restrictions in perpetuity for the preservation
of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions
and/or agreements to insure that the common open space shall continue
to be adequately managed and maintained. The applicant shall have
the following options for ownership, management and maintenance of
the common open space:
(a)
Dedicate the land encompassing the common open
space to a homeowners' association which is comprised of all the residents
of the development; or
(b)
Dedicate the land encompassing the common open
space to Caln Township, who shall have the option to accept or refuse
the land offered for dedication
(10)
The provisions specified herein for common open
space do not relieve the applicant of other requirements for open
space and recreation, as specified with the Caln Township Code, with
which the applicant shall comply.
F.
In addition to the townhouse units, the proposed multifamily
development may contain the following nonresidential uses, provided
they are considered as part of the conditional use application:
(1)
Office space consisting of no more than 5,000 square
feet and utilized for the purposes of conducting customary business,
sales, meetings and/or maintenance which are directly associated with
the multifamily townhouse unit development and which are owned and
operated by the developer or homeowners' association.
(2)
Indoor recreation and/or community center consisting
of no more than 10,000 square feet and utilized exclusively by the
residents of the multifamily townhouse unit development.
(3)
Active and passive recreation uses conducted on the
areas designated as common open space.
[Amended 9-29-2005 by Ord. No. 2005-12; 7-28-2011 by Ord. No.
2011-06; 10-10-2013 by Ord. No. 2013-07]
A.
Apartment buildings and apartment complexes are permitted by conditional
use within the R-4 District. Apartment complexes are permitted by
conditional use in the C-1 Highway Commercial District. Apartment
buildings and apartment complexes are also permitted as previously
approved by Caln Township within the R-5 Zoning District.
B.
Apartment buildings in the R-4 District shall be designed in accordance with the standards in this § 155-55B.
(1)
There shall be a minimum contiguous land area of four gross acres.
(2)
The apartment building shall be served by public sanitary sewage
and public water supply facilities.
(3)
There shall be a minimum of 3,000 square feet of lot area per dwelling
unit.
(4)
A minimum of 40% of the gross area of the lot shall be set aside
as common open space. No more than 60% of the common open space shall
be located on lands within areas that are located within the one-hundred-year
floodplain, areas delineated as wetlands and/or areas with a slope
of 20% or greater.
(5)
The building setback line shall be 30 feet from the existing right-of-way
line or ultimate right-of-way, whichever is greater.
(6)
The maximum length of any apartment building shall not exceed 160
feet.
(7)
The maximum depth of any apartment building shall not exceed 80 feet.
(8)
All apartment buildings shall be located at least 30 feet from any
side or rear property line.
(9)
The maximum building cover shall be 25%.
(10)
The maximum impervious cover shall be 40%.
(11)
The maximum building height shall be 60 feet.
(12)
The apartment building shall be designed in accordance with
the following architectural, landscaping and exterior enhancement
standards:
(a)
A landscaping plan shall be submitted to the Township for consideration
and approval as part of the conditional application.
(b)
The apartment building shall provide a buffer yard and planting
screen along the property lines at the perimeter of the development
tract sufficient to protect the privacy of the adjacent property owners.
In no instance shall the buffer yard be less than 10 feet in width
when the proposed yard abuts an existing nonresidential use and no
less than 25 feet in width when the yard abuts a residential use.
The design of the landscaped and planting screen shall be subject
to the approval of the Board of Commissioners as part of the conditional
use application. The use of existing mature trees (six inches in caliper,
as measured at breast height) is encouraged and may be utilized as
part of the required buffer yard.
(13)
Apartment buildings may be constructed utilizing courtyards,
common porticos, mansards, gables and/or hip roofs as part of the
architectural design.
(14)
The off-street parking areas and access drives shall be designed
in accordance with the following provisions:
(a)
The parking areas shall not be designed or located to require
cars to back into streets in order to leave the parking areas. All
dead-end parking lots shall provide adequate areas in which emergency
and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall be located a minimum
of 20 feet from the apartment building. Common parking areas shall
be a minimum of 20 feet from all street rights-of-way and exterior
lot lines of the development.
(c)
The entrance- and exitways to parking areas shall have a minimum
width of 12 feet for each lane of traffic entering or leaving the
areas.
(d)
All common parking areas shall be sufficiently screened and landscaped in accordance with the standards in § 155-119 of this chapter.
(e)
The minimum number of required number off-street parking spaces
for the development shall be two spaces per dwelling unit.
(f)
Each parking space shall have a minimum area of 162 square feet
(nine feet wide by 18 feet long).
(15)
Exterior storage areas for trash and rubbish shall be completely
screened from view on three sides by fencing and landscaping. All
trash and rubbish shall be contained in verminproof containers.
(16)
The provisions specified herein for common open space do not
relieve the applicant of complying with other requirements for open
space and recreation as specified within the Caln Township Code.
(17)
The development shall incorporate sidewalks or trails for pedestrian
circulation.
C.
Apartment complexes in the R-4 and C-1 Districts shall be designed in accordance with the standards in this § 155-55C.
(1)
There shall be a minimum contiguous land area of 15 gross acres.
"Contiguous land area" shall be defined as a parcel of land that is
owned under a single deed or parcels of land that are owned under
multiple deeds, provided that the parcels of land are contiguous to
each other having common deed boundaries and are not physically separated
by parcels of land owned by other individuals or parties. The Board
of Commissioners shall consider contiguous parcels of land that are
physically separated by utility easements or rights-of-way, streams
and/or other natural features, provided that the applicant demonstrates
that the apartment development can be harmoniously designed.
(2)
All of the uses contained within the development shall be served
by public sanitary sewage disposal facilities. As part of the conditional
use application, the applicant shall provide evidence that there are
sufficient public sewer capacities to service the development.
(3)
All of the uses contained within the development shall be served
by public water supply facilities. As part of the conditional use
application, the applicant shall provide evidence that there are sufficient
public water capacities to service the development.
(4)
The maximum permitted residential density (apartment units per gross
acre) for apartment buildings shall be 13 units per acre.
(5)
A minimum of 40% of the gross area of the apartment development shall
be set aside as common open space. No more than 60% of the common
open space shall be located on lands within areas that are located
within the one-hundred-year floodplain, areas delineated as wetlands
and/or areas with a slope of 20% or greater.
(6)
The total number of individual apartment units contained within a
single building shall not exceed 32 apartment units.
(7)
The building setback line shall be 30 feet from the existing right-of-way
line or ultimate right-of-way, whichever is greater.
(8)
The minimum building separation from other groups of apartment buildings
within the development shall be as follows:
(9)
The maximum length of any apartment building shall not exceed 160
feet.
(10)
The maximum depth of any apartment building shall not exceed
80 feet.
(11)
All apartment buildings shall be located at least 30 feet from
any side or rear property line.
(12)
The maximum building cover shall be 25%.
(13)
The maximum impervious cover shall be 40%.
(14)
The maximum building height shall be 60 feet.
(15)
The apartment development shall be designed in accordance with
the following architectural, landscaping and exterior enhancement
standards:
(a)
A landscaping plan shall be submitted to the Township for consideration
and approval as part of the conditional application.
(b)
The apartment development shall provide a buffer yard and planting
screen along the property lines at the perimeter of the development
tract sufficient to protect the privacy of the adjacent property owners.
In no instance shall the buffer yard be less than 10 feet in width
when the proposed yard abuts an existing nonresidential use and no
less than 25 feet in width when the yard abuts a residential use.
The design of the landscaped and planting screen shall be subject
to the approval of the Board of Commissioners as part of the conditional
use application. The use of existing mature trees (six inches in caliper,
as measured at breast height) is encouraged and may be utilized as
part of the required buffer yard.
(16)
Apartment buildings may be constructed utilizing courtyards,
common porticos, mansards, gables and/or hip roofs as part of the
architectural design. Where feasible, the front building lines or
facades of the apartment building shall be staggered or offset.
(17)
The off-street parking areas and access drives shall be designed
in accordance with the following provisions:
(a)
The parking areas shall not be designed or located to require
cars to back into streets in order to leave the parking areas. All
dead-end parking lots shall provide adequate areas in which emergency
and commercial vehicles can safely maneuver.
(b)
Common parking areas and access drives shall be located a minimum
of 20 feet from all buildings and structures within the development.
Common parking areas shall be a minimum of 20 feet from all street
rights-of-way and exterior lot lines of the development.
(c)
The entrance- and exitways to parking areas shall have a minimum
width of 12 feet for each lane of traffic entering or leaving the
areas.
(d)
All common parking areas shall be sufficiently screened and landscaped in accordance with the standards in § 155-119 of this chapter.
(e)
The minimum number of required number off-street parking spaces
for the development shall be two spaces per dwelling unit.
(f)
Each parking space shall have a minimum area of 162 square feet
(nine feet wide by 18 feet long).
(18)
Exterior storage areas for trash and rubbish shall be completely
screened from view on three sides by fencing and landscaping. All
trash and rubbish shall be contained in verminproof containers.
(19)
The provisions specified herein for common open space do not
relieve the applicant of complying with other requirements for open
space and recreation as specified within the Caln Township Code.
(20)
The apartment development shall incorporate sidewalks or trails
for pedestrian circulation.
(21)
In addition to the dwelling units, an apartment complex may
contain the following nonresidential uses:
(a)
Office space utilized for the purpose of conducting customary
business, sales, meetings and/or maintenance which are directly associated
with the apartment development.
(b)
Indoor recreation and/or community center for use by the residents
of the apartment buildings.
(c)
Active and passive recreation uses within the open space areas
of the apartment development.
A.
The purpose of this section of the Code is to provide
development and design standards for cluster developments containing
single-family detached residential units. The objectives of these
provisions are outlined as follows:
(1)
To provide an optional approach to community development
with provisions to permit more efficient utilization of land and of
community facilities and services.
(2)
To encourage innovative residential land development
that will conserve open space and protect environmentally sensitive
areas.
(3)
To endorse smart growth techniques and conservation
design practices.
(4)
To efficiently utilize the remaining undeveloped land
area within Caln Township.
(5)
To implement the recommendations concerning natural
features, conservation management, utilities, transportation, housing
and land use, as outlined within the Comprehensive Plan.
B.
Residential cluster developments containing residential lots or units, as permitted by this section and as further defined under Article II of this chapter, are permitted by conditional use in the R-1, R-2, R-3 and R-4 Zoning Districts. Cluster developments are also permitted as previously approved by Caln Township within the R-5 Zoning District.
C.
All residential cluster developments shall be designed
in accordance with the following general design and eligibility requirements:
(1)
The minimum amount of land in the development shall
be 25 contiguous acres. “Contiguous land area” shall be
defined as a parcel of land that is owned under a single deed or parcels
of land that are owned under multiple deeds, provided that the parcels
of land are contiguous to each other having common deed boundaries
and are not physically separated by parcels of land owned by other
individuals or parties. The Board of Commissioners shall consider
contiguous parcels of land that are physically separated by existing
public roads, utility easements or rights-of way, streams and/or other
natural features, provided that the applicant demonstrate that the
residential cluster development can be harmoniously designed.
(2)
All of the uses contained within the development shall
be served by public sanitary sewage disposal facilities. As part of
the conditional use application, the applicant shall provide evidence
that there are sufficient capacities to service the development in
accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall
be served by public water supply facilities. As part of the conditional
use application, the applicant shall provide evidence that there are
sufficient capacities to service the development in accordance with
the terms specified on all pertinent municipal agreements.
(4)
A minimum of 50% of the gross area of the residential
cluster development shall be set aside as common open space. The area
designated as common open space shall comply with all provisions of
this section of the Code. Where conflicts exist, the provisions of
this section shall apply.
(5)
The maximum permitted base residential density provision
for the residential cluster development shall be as follows:
(a)
One and 1/2 dwelling units per gross acre within
the R-1 Zoning District.
(b)
One and 3/4 dwelling units per gross acre within
the R-2 Zoning District.
(c)
Two dwelling units per gross acre within the
R-3 Zoning District.
(d)
Two and 1/4 dwelling units per gross acre within
the R-4 Zoning District.
(e)
For preexisting planned residential communities
within the R-5 Zoning District, the residential density shall not
exceed the maximum residential density specified on the approved plan.
(6)
A density bonus of 0.1 dwelling units per gross acre
may be added to the base residential density requirements for each
design objective (as contained within this subsection) achieved as
part of the conditional use application. The maximum permitted density
bonus shall not exceed 0.5 dwelling units per gross acre. As part
of the conditional use application, the Board of Commissioners may
consider a density bonus for the following design objectives:
(a)
The conditional use application provides additional
consideration to on-site traffic, drainage and sanitary sewer improvements
over and above what is otherwise required by ordinance, which are
deemed necessary by the Caln Township Engineer to accommodate the
residential density of the cluster development.
(b)
The conditional use application provides consideration
for active recreation facilities on at least 10% of the land area
designated as open space within the cluster development
(c)
The conditional use application provides for
passive recreation, educational and/or ecological opportunities that
are considered schematically planned, contiguous and/or integrated
with other passive recreation areas on at least 20% of the land area
designated as open space within the cluster development.
(d)
The overall development is designed as an adult
or age qualified community
(e)
The conditional use application is designed
with a village atmosphere with unique or enhanced architectural value,
including utilizing natural building products for the building face
(brick, stone or masonry products) and rooflines (mansards, gables
or hip roof designs).
(f)
The conditional use application provides additional
open space areas beyond the minimum requirement of 50% of the gross
tract area, regardless of configuration, such that a 0.1 residential
density bonus shall be incrementally applied for each additional 5%
of the gross tract area that is designated as open space within the
cluster development. The maximum density bonus for this provision
shall not exceed 0.3 dwelling units per acre.
(g)
The conditional use site plan is designed in
an environmentally sensitive fashion that results in the preservation
of mature trees, woodlands, steep slopes, floodplains and wetlands,
such that a minimum of 70% of the gross area designated as open space
shall not be disturbed by any site improvements and/or earth disturbance
activities
(h)
As part of the conditional use application,
the applicant agrees to fund and complete substantial public improvements
to mitigate one or more off-site impacts of the development, such
as public streets and intersections, public stormwater management
and water or sewer improvements identified by the Board of Commissioners
as a means to significantly reduce the need for public expenditures
to resolve clear public needs associated to any degree with the proposed
conditional use development.
D.
The following land uses shall be permitted within
a residential cluster development:
(1)
Single family detached residential uses within the
R-1, R-2, R-3 and R-4 Zoning Districts, subject to the following minimum
and maximum development requirements:
(a)
The minimum net lot area for each individual
residential lot shall be 8,000 net square feet.
(b)
The minimum lot width for each individual residential
lot shall be 80 feet.
(c)
The minimum front yard setback shall be 25 feet.
The Board of Commissioners may allow an architectural projection of
five feet into the required front yard, provided that the architectural
projection is not part of the garage area for the dwelling.
[Amended 8-10-2006 by Ord. No. 2006-9]
(d)
The minimum side yard setback shall be 10 feet,
as measured on each side.
(e)
The minimum rear yard setback shall be 30 feet.
(f)
The maximum building height shall be 35 feet.
(g)
The maximum building coverage shall be 30% for
each lot.
(h)
The maximum lot coverage shall be 40% for each
lot.
(i)
All proposed single-family detached residential
units within the development shall be located at least 50 feet from
any property line or property which is not owned by the applicant
in predevelopment conditions.
(2)
Single-family semidetached uses within the R-3 and
R-4 Zoning Districts, subject to the following minimum and maximum
development requirements:
(a)
The minimum lot area for each individual residential
lot shall be 7,000 net square feet per residential unit.
(b)
The minimum lot width for each individual residential
lot shall be 50 feet per unit.
(c)
The minimum front yard setback shall be 30 feet.
The Board of Commissioners may allow an architectural projection of
five feet into the required front yard, provided that the architectural
projection is not part of the garage area for the dwelling.
(d)
The minimum side yard setback shall be 10 feet,
as measured on each side.
(e)
The minimum rear yard setback shall be 30 feet.
(f)
The maximum building height shall be 35 feet.
(g)
The maximum building coverage shall be 30% for
each lot.
(h)
The maximum lot coverage shall be 40% for each
lot.
(i)
All proposed single-family semidetached residential
units within the development shall be located at least 50 feet from
any property line or property which is not owned by the applicant
in predevelopment conditions.
(j)
The maximum number of single-family semidetached
units within a residential cluster development shall not exceed 25%
of the total number of residential units within the overall development.
(3)
Townhouse units within the R-4 Zoning District, subject
to the following minimum and maximum development requirements:
(a)
The minimum width of a townhouse unit shall
be 24 feet.
(b)
The minimum front yard setback shall be 25 feet.
The Board of Commissioners may allow an architectural projection of
five feet into the required front yard, provided that the architectural
projection is not part of the garage area for the dwelling.
(c)
The minimum building separation from other groups
of townhouse units within the development shall be as follows: the
separation shall be 40 feet when the townhouse unit groups are side
to side; the separation shall be 50 feet when the townhouse unit groups
are side to rear; the separation shall be 60 feet when the townhouse
unit groups are rear to rear.
(d)
The number of townhouse units, attached in a
common row, shall not exceed eight attached townhouse units, provided
that the front building lines or facades of any two adjoining townhouse
units are offset by a minimum of two feet.
(e)
The maximum height of a townhouse unit shall
be 35 feet.
(f)
The maximum depth of a group of townhouse units
shall not exceed 50 feet.
(g)
No more than 40% of the designated area for
the townhouse units shall be covered by buildings.
(h)
No more than 60% of the designated area for
the townhouse units shall be covered by impervious surfaces.
(i)
All townhouse units within the development shall
be located at least 50 feet from any property line or property which
is not owned by the applicant in predevelopment conditions.
(j)
The maximum number of townhouse units within
a residential cluster development shall not exceed 25% of the total
number of residential units within the overall development.
(4)
Office space consisting of no more than 5,000 square
feet and utilized for the purposes of conducting customary business,
sales, meetings and/or maintenance which are directly associated with
the residential cluster development and which are owned and operated
by the developer or homeowners' association.
(5)
Indoor recreation and/or community center consisting
of no more than 10,000 square feet and utilized exclusively by the
residents of the residential cluster development.
(6)
Active and passive recreation uses conducted on the areas designated as common open space, as per the requirements specified by this section as well as those specified under § 155-90 of this Code.
(7)
Municipal uses.
(8)
No-impact home-based business or occupation.
(9)
Accessory buildings, structures and uses.
E.
The residential cluster development shall be designed
in accordance with the following planning and engineering considerations:
(1)
All land and water areas that are not utilized for
lots, streets, utilities or other permitted uses within the cluster
development shall be set aside and maintained as common open space.
(2)
The minimum lot area required for each residential
use shall not include land areas that are classified as being within
the one-hundred-year floodplain, areas delineated as wetlands, areas
within utility easements or rights-of-way and/or areas with a slope
of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
The proposed residential lots and dwelling units within
the residential cluster development shall not have direct access to
an existing public street.
(4)
No more than four residential dwelling units shall
be permitted around the circumference of any cul-de-sac bulb or turnaround.
(5)
No more than two segments with 200 combined linear
feet of road surface, as measured along the center line of the road(s)
within the residential cluster development, shall be constructed in
areas of very steep slopes.
[Amended 9-29-2005 by Ord. No. 2005-12]
(6)
An environmental impact assessment (EIA) report shall
be conducted in accordance with the procedures and requirements specified
by this Code and shall be submitted with the conditional use application.
(7)
A traffic impact study shall be conducted in accordance
with the provisions of the Caln Township Code in order to assess transportation
conditions and needs. The traffic impact study shall be submitted
with the conditional use application.
(8)
The applicant shall be responsible for designing,
permitting and constructing at its expense all of the necessary on-site
improvements that are required by the Caln Township Code to accommodate
the proposed cluster development.
(9)
In addition to the interior parking spaces within
garages, each single-family detached residential lot within the cluster
development shall provide a minimum of two off-street parking spaces
contiguous to the garage and located no closer than five feet to the
side lot line. The proposed off-street parking spaces shall not exceed
a grade of 5%.
(10)
A minimum of 2.5 off-street parking spaces shall
be provided for each single-family semidetached unit and/or townhouse
unit within the residential cluster development. If interior garages
are proposed, each single-family semidetached lot and/or townhouse
unit shall provide a minimum of one off-street parking space that
is contiguous to the garage, plus 0.5 parking space per single-family
semidetached unit or townhouse unit reserved for off-street overflow
parking within the residential cluster development. Additional off-street
parking spaces may be contiguous to a garage or located within the
road right-of-way, provided such additional parking spaces are outside
the required cartway width of the road and designed to be perpendicular
to the cartway. The proposed off-street parking spaces shall not exceed
a grade of 5%.
F.
The residential cluster development shall be designed
in accordance with following architectural, landscaping and exterior
enhancement standards:
(1)
The residential cluster development shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to insure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 155 and 137 relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
The applicant shall consider the effects of seasonal
temperatures, hours of sunlight, prevailing winds from adjacent land
uses and/or consequences from existing zoning districts that could
create adverse impacts associated with weather, noise and/or odor.
As part of the conditional use application, the applicant should comply
with the following criteria:
(a)
The applicant should incorporate measures such
as landscaping, buffering and screening to buffer existing land uses
that may be construed as a nuisance due to noise or odor. As part
of this requirement, the applicant should conduct an existing land
use survey and zoning analysis to determine the extent to which such
protective measures are appropriate.
(b)
The applicant shall consider seasonal temperatures and hours of sunlight in the physical layout and design of the proposed streets within the cluster development. As part of the conditional use application, the applicant shall demonstrate that all proposed roads servicing the residential units within the cluster development shall be designed strictly in accordance with the standards specified under Chapter 137 of the Code. Design waivers concerning the internal street system shall only be considered where the applicant identifies protective measures designed to avoid traffic hazards to the general public and if those measures are endorsed by the Caln Township Engineer
(3)
A preliminary grading plan shall be developed to identify
the limits of disturbance for all municipal site improvements within
the cluster development, depicting the proposed location thereof in
relation to lakes, ponds, streams, floodplains, wetlands, tree masses
and hedgerows. Design components shall be implemented to minimize
extensive earthmoving, utilizing typical planning and engineering
practices.
(4)
The applicant shall give special attention to the
main entrance(s) to the residential cluster development. The use of
lighting, water and/or landscaping products in conjunction with a
boulevard street design shall be provided and considered as a prominent
feature of the residential cluster development. A boulevard entrance
shall be required unless otherwise approved by the Board of Commissioners
as part of the conditional use application.
(5)
A landscaping plan shall be submitted to Caln Township
for consideration as part of the conditional use application. Unless
otherwise permitted by the Board of Commissioners as part of the conditional
use application, the applicant shall provide three new trees per residential
unit within the residential cluster development. The trees should
be a minimum caliper of three inches in caliper and shall be planted
either as street trees, as part of the buffer yard or within the areas
designated as common open space.
(6)
The residential cluster development shall provide
a twenty-five-foot-wide buffer yard and planting screen along the
property lines at the perimeter of the development tract to enhance
the privacy of the adjacent property owners. The design of the landscape
and planting screen shall be subject to the reasonable approval of
the Board of Commissioners. The use of existing mature trees (six
inches in caliper, as measured four feet from the ground) is encouraged
and may be utilized as part of the required buffer yard.
(7)
The residential units within the cluster development
should be designed with a village atmosphere with unique or enhanced
architectural value, including utilizing natural building products
for the building face (brick, stone or masonry products) and rooflines
(mansards, gables or hip roof designs).
(8)
Exterior storage areas for trash and rubbish shall
be completely screened from view on three sides by fencing and landscaping.
All trash and rubbish shall be contained in verminproof containers.
(9)
The residential cluster development shall be designed
to preserve and incorporate scenic, natural, historical and cultural
features. As part of the conditional use application, the applicant
shall comply with the following design requirements:
(a)
The conditional use plan shall incorporate, locate and identify within the development scenic vista points, which will remain after construction of the proposed residential dwellings, other permitted uses and related site improvements, and which will provide visual amenities to the development. Vista points may include unobstructed views looking into the development from adjacent public roads and unobstructed views within the development, each incorporating open space and/or other preserved natural features. The number of vistas shall be dependent upon the final design of the development, the tract size and natural land features and shall be subject to the reasonable discretion of the Board based upon those factors, provided, approval shall not be withheld if the development meets the applicable objective criteria of this chapter and Chapter 137 of the Code and provision is made for a reasonable number of scenic vistas within the development based upon the foregoing factors.
(b)
The applicant shall develop a plan to enhance
each selected vista point by means of improving accessibility; creating
pulpits or overlook points; providing pedestrian trails within common
open space areas; establishing linkages to other recreation facilities
or cultural resources within the common open space areas; integrating
and improving historical structures; and/or creating protective habitats
for environmentally sensitive areas. The design of enhancements to
the vista points shall be determined by the applicant and shall be
subject to the approval of the Board of Commissioners.
G.
The design of the land or water areas which are to
be designated as common open space shall comply with the following
standards and specifications:
(1)
A minimum of 50% of the gross area of the development
tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be
located on lands within areas that are located within the one-hundred-year
floodplain, areas delineated as wetlands and/or areas with a slope
of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
No more than 50% of the common open space shall include
land areas that are burdened by or are proposed to contain utilities
easements and/or stormwater management facilities, as further described
under Caln Township Code.
(4)
The common open space shall be planned and located
as a contiguous accessible area within the development. Existing and/or
proposed roads may bisect the areas designated as common open space,
provided a crosswalk at grade is safely designed to link the common
open space areas. Planned linkages to other common open space areas
within other adjacent residential developments shall be considered
by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated
into the overall schematic of the design as common open space areas
whenever possible.
(6)
A system for pedestrian circulation throughout the
development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the
minimum open space requirements shall be comprised of areas not less
than 50 feet in width and shall not contain less than one contiguous
acre of land. In addition, there shall be at least one designated
common area that is contiguous within the residential cluster developments
containing no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements
approved by the Board of Commissioners shall be executed as a declaration
of easements, covenants and restrictions in perpetuity for the preservation
of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions
and/or agreements to insure that the common open space shall continue
to be adequately managed and maintained. The applicant shall have
the following options for ownership, management and maintenance of
the common open space:
(a)
Dedicate the land encompassing the common open
space to a homeowners' association which is comprised of all the residents
of the development; or
(b)
Dedicate the land encompassing the common open
space to Caln Township, who shall have the option to accept or refuse
the land offered for dedication
(10)
The land areas designated as common open space
shall be subject to the approval of the Board of Commissioners.
(11)
The provisions specified herein for common open
space do not relieve the applicant of other requirements for open
space and recreation, as specified with the Caln Township Code, with
which the applicant shall comply.
A.
The purpose of this section of the Code is to provide
development and design standards for age qualified or continuing care
retirement communities containing single-family detached or townhouse
residential units. The objectives of these provisions are outlined
as follows:
(1)
To provide an optional approach for senior housing
and community development with provisions to permit more efficient
utilization of land and of community facilities and services.
(2)
To encourage innovative residential land development
that will conserve open space and protect environmentally sensitive
areas.
(3)
To efficiently utilize the remaining undeveloped land
area within Caln Township, while providing additional housing opportunities
for persons over 55 years of age.
(4)
To implement the recommendations concerning natural
features, conservation management, utilities, transportation, housing
and land use, as outlined within the Comprehensive Plan.
B.
Age qualified or continuing care retirement communities containing residential lots or units, as permitted under this section and further defined under Article II of this chapter, are permitted by conditional use within the R-1, R-2 and R-3 Zoning Districts. Age qualified or continuing care retirement communities are also permitted as previously approved by Caln Township within the R-5 Zoning District
C.
All age qualified or continuing care retirement communities
shall be designed in accordance with the following general design
and eligibility requirements:
(1)
The minimum amount of land in the development shall
be 25 contiguous acres. “Contiguous land area” shall be
defined as a parcel of land that is owned under a single deed or parcels
of land that are owned under multiple deeds, provided that the parcels
of land are contiguous to each other having common deed boundaries
and are not physically separated by parcels of land owned by other
individuals or parties. The Board of Commissioners shall consider
contiguous parcels of land that are physically separated by existing
public roads, utility easements or rights-of way, streams and/or other
natural features, provided that the applicant demonstrate that the
single-family residential age qualified or continuing care retirement
community can be harmoniously designed.
(2)
All of the uses contained within the development shall
be served by public sanitary sewage disposal facilities. As part of
the conditional use application, the applicant shall provide evidence
that there are sufficient capacities to service the development in
accordance with the terms specified on all pertinent municipal agreements.
(3)
All of the uses contained within the development shall
be served by public water supply facilities. As part of the conditional
use application, the applicant shall provide evidence that there are
sufficient capacities to service the development in accordance with
the terms specified on all pertinent municipal agreements.
(4)
A minimum of 50% of the gross area of the age qualified
or continuing care retirement community shall be set aside as common
open space. The area designated as common open space shall comply
with all provisions of this section of the Code. Where conflicts exist,
the provisions of this section shall apply.
(5)
The maximum permitted base residential density for
age qualified or continuing care retirement communities containing
single-family detached residential units shall be as follows:
(a)
One and 3/4 dwelling units per gross acre within
the R-1 Zoning District.
(b)
Two dwelling units per gross acre within the
R-2 Zoning District.
(c)
Two and 1/4 dwelling units per gross acre within
the R-3 Zoning District.
(d)
For preexisting planned residential communities
within the R-5 Zoning District, the residential density shall not
exceed the maximum residential density specified on the approved plan.
D.
The following land uses shall be permitted uses within
an age qualified or continuing care retirement community:
(1)
Single family detached residential uses within the
R-1, R-2 and R-3 Zoning Districts, subject to the following minimum
and maximum development requirements:
(a)
The minimum net lot area for each individual
residential lot shall be 8,000 net square feet.
(b)
The minimum lot width for each individual residential
lot shall be 80 feet.
(c)
The minimum front yard setback shall be 30 feet.
(d)
The minimum side yard setback shall be 10 feet,
as measured on each side.
(e)
The minimum rear yard setback shall be 30 feet.
(f)
The maximum building height shall be 35 feet.
(g)
The maximum building coverage shall be 40% for
each lot.
(h)
The maximum lot coverage shall be 60% for each
lot.
(i)
All proposed single-family detached residential
units within the development shall be located at least 50 feet from
any property line or property which is not owned by the applicant
in predevelopment conditions
(2)
Townhouse units within the R-3 Zoning District, subject
to the following minimum and maximum development requirements:
(a)
The minimum width of a townhouse unit shall
be 24 feet.
(b)
The building setback line shall be 30 feet.
(c)
The minimum building separation from other groups
of townhouse units within the development shall be as follows: the
separation shall be 40 feet when the townhouse unit groups are side
to side; the separation shall be 50 feet when the townhouse unit groups
are side to rear; and the separation shall be 60 feet when the townhouse
unit groups are rear to rear.
(d)
All townhouse units within the development shall
be located at least 50 feet from any property line or property which
is not owned by the applicant in predevelopment conditions.
(e)
The maximum number of townhouse units within
an aged qualified or continuing care retirement community shall not
exceed 50% of the total number of residential units within the overall
development.
(f)
The number of townhouse units, attached in a
common row, shall not exceed eight attached townhouse units, provided
that the front building lines or facades of any two adjoining townhouse
units are offset by a minimum of two feet.
(g)
The maximum height of a townhouse unit shall
be 35 feet.
(h)
No more than 40% of the designated area for
the townhouse units shall be covered by buildings.
(i)
No more than 60% of the designated area for
the townhouse units shall be covered by impervious surfaces.
(3)
Office space consisting of no more than 5,000 square
feet and utilized for the purposes of conducting customary business,
sales, meetings and/or maintenance which are directly associated with
the age qualified or continuing care retirement community and which
are owned and operated by the developer or homeowners' association.
(4)
Indoor recreation and/or community center consisting
of no more than 10,000 square feet and utilized exclusively by the
residents of the age qualified or continuing care retirement community.
(5)
Active and passive recreation uses conducted on the areas designated as common open space, as per the requirements specified by this section as well as those specified under § 155-90 of this Code.
(6)
Municipal uses.
(7)
No-impact home-based business or occupation.
(8)
Accessory buildings, structures and uses.
E.
The age qualified or continuing care retirement community
shall be designed in accordance with the following planning and engineering
considerations:
(1)
All land and water areas that are not utilized for
lots, streets, utilities or other permitted uses within the age qualified
or continuing care retirement community shall be set aside and maintained
as common open space.
(2)
The minimum lot area required for each residential
use shall not include land areas that are classified as being within
the one-hundred-year floodplain, areas delineated as wetlands, areas
within utility easements or rights-of-way and/or areas with a slope
of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-13]
(3)
The proposed residential lots and dwelling units within
the age qualified or continuing care retirement community shall not
have direct access to an existing public street.
(4)
Unless otherwise permitted by the Board of Commissioners
as part of the conditional use application, no more than four residential
dwelling units shall be permitted around the circumference of any
cul-de-sac bulb or turnaround.
(5)
An environmental impact assessment (EIA) report shall
be conducted in accordance with the procedures and requirements specified
by this Code and shall be submitted with the conditional use application.
(6)
A traffic impact study shall be conducted in accordance
with the provisions of the Caln Township Code in order to assess transportation
conditions and needs. The traffic impact study shall be submitted
with the conditional use application.
(7)
The applicant shall be responsible for designing,
permitting and constructing at its expense all of the necessary on-site
improvements that are required by the Caln Township Code to accommodate
the proposed age qualified or continuing care retirement community.
(8)
In addition to the interior parking spaces within
garages, each residential lot or unit within the age qualified or
continuing care retirement community shall provide a minimum of two
off-street parking spaces contiguous to the garage and located no
closer than five feet to the side lot line. The proposed off-street
parking space shall not exceed a grade of 5%.
F.
The age qualified or continuing care retirement community
shall be designed in accordance with following architectural, landscaping
and exterior enhancement standards:
(1)
The age qualified or continuing care retirement community shall be designed with regard to the topographic and natural features of the site. The purpose of this provision is to insure that the natural features of the development are preserved and protected to the extent that it is not necessary to disturb the site in order to implement the conditional use plan utilizing the objective criteria and standards of Chapters 155 and 137 relating to the proposed housing types, street locations and required infrastructure and their intended location within the site.
(2)
The applicant shall consider the effects of seasonal
temperatures, hours of sunlight, prevailing winds from adjacent land
uses and/or consequences from existing zoning districts that could
create adverse impacts associated with weather, noise and/or odor.
As part of the conditional use application, the applicant should comply
with the following criteria:
(a)
The applicant should incorporate measures such
as landscaping, buffering and screening to buffer existing land uses
that may be construed as a nuisance due to noise or odor. As part
of this requirement, the applicant should conduct an existing land
use survey and zoning analysis to determine the extent to which such
protective measures are appropriate.
(b)
The applicant shall consider seasonal temperatures and hours of sunlight in the physical layout and design of the proposed streets within the age qualified or continuing care retirement community. As part of the conditional use application, the applicant shall demonstrate that all proposed roads servicing the residential units within the age qualified or continuing care retirement community shall be designed strictly in accordance with the standards specified under Chapter 137 of the Code. Design waivers concerning the internal street system shall only be considered where the applicant identifies protective measures designed to avoid traffic hazards to the general public and if those measures are endorsed by the Caln Township Engineer
(3)
A preliminary grading plan shall be developed to identify
the limits of disturbance for all municipal site improvements within
the age qualified or continuing care retirement community, depicting
the proposed location thereof in relation to lakes, ponds, streams,
floodplains, wetlands, tree masses and hedgerows. Design components
shall be implemented to minimize extensive earthmoving, utilizing
typical planning and engineering practices.
(4)
The applicant shall give special attention to the
main entrance(s) to the age qualified or continuing care retirement
community. The use of lighting, water and/or landscaping products
in conjunction with a boulevard street design shall be provided and
considered as a prominent feature of the age qualified or continuing
care retirement community. A boulevard entrance shall be required
unless otherwise approved by the Board of Commissioners as part of
the conditional use application.
(5)
A landscaping plan shall be submitted to Caln Township
for consideration as part of the conditional use application. Unless
otherwise permitted by the Board of Commissioners as part of the conditional
use application, the applicant shall provide three new trees per residential
unit within the age qualified or continuing care retirement community.
The trees should be a minimum caliper of three inches in caliper and
shall be planted either as street trees, as part of the buffer yard
or within the areas designated as common open space.
(6)
The age qualified or continuing care retirement community
shall provide a twenty-five-foot-wide buffer yard and planting screen
along the property lines at the perimeter of the development tract
to enhance the privacy of the adjacent property owners. The design
of the landscape and planting screen shall be subject to the reasonable
approval of the Board of Commissioners. The use of existing mature
trees (six inches in caliper, as measured four feet from the ground)
is encouraged and may be utilized as part of the required buffer yard.
(7)
The residential units within the age qualified or
continuing care retirement community should be designed with a village
atmosphere with unique or enhanced architectural value, including
utilizing natural building products for the building face (brick,
stone or masonry products) and rooflines (mansards, gables or hip
roof designs).
(8)
Exterior storage areas for trash and rubbish shall
be completely screened from view on three sides by fencing and landscaping.
All trash and rubbish shall be contained in verminproof containers.
(9)
The age qualified or continuing care retirement community
shall be designed to preserve and incorporate scenic, natural, historical
and cultural features. As part of the conditional use application,
the applicant shall comply with the following design requirements:
(a)
The conditional use plan shall incorporate, locate and identify within the development scenic vista points, which will remain after construction of the proposed residential dwellings, other permitted uses and related site improvements, and which will provide visual amenities to the development. Vista points may include unobstructed views looking into the development from adjacent public roads and unobstructed views within the development, each incorporating open space and/or other preserved natural features. The number of vistas shall be dependent upon the final design of the development, the tract size and natural land features and shall be subject to the reasonable discretion of the Board based upon those factors, provided approval shall not be withheld if the development meets the applicable objective criteria of this chapter and Chapter 137 of the Code and provision is made for a reasonable number of scenic vistas within the development based upon the foregoing factors.
(b)
The applicant shall develop a plan to enhance
each selected vista point by means of improving accessibility; creating
pulpits or overlook points; providing pedestrian trails within common
open space areas; establishing linkages to other recreation facilities
or cultural resources within the common open space areas; integrating
and improving historical structures; and/or creating protective habitats
for environmentally sensitive areas. The design of enhancements to
the vista points shall be determined by the applicant and shall be
subject to the approval of the Board of Commissioners.
G.
The design of the land or water areas which are to
be designated as common open space shall comply with the following
standards and specifications:
(1)
A minimum of 50% of the gross area of the development
tract shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be
located on lands within areas that are located within the one-hundred-year
floodplain, areas delineated as wetlands and/or areas with a slope
of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
No more than 50% of the common open space shall include
land areas that are burdened by or are proposed to contain utilities
easements and/or stormwater management facilities, as further described
under Caln Township Code.
(4)
The common open space shall be planned and located
as a contiguous accessible area within the development. Existing and/or
proposed roads may bisect the areas designated as common open space,
provided a crosswalk at grade is safely designed to link the common
open space areas. Planned linkages to other common open space areas
within other adjacent residential developments shall be considered
by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated
into the overall schematic of the design as common open space areas
whenever possible.
(6)
A system for pedestrian circulation throughout the
development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the
minimum open space requirements shall be comprised of areas not less
than 50 feet in width and shall not contain less than one contiguous
acre of land. In addition, there shall be at least one designated
common area that is contiguous within the age qualified or continuing
care retirement community containing no less than 25% of the required
open space.
(8)
For all common open spaces, satisfactory written agreements
approved by the Board of Commissioners shall be executed as a declaration
of easements, covenants and restrictions in perpetuity for the preservation
of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions
and/or agreements to insure that the common open space shall continue
to be adequately managed and maintained. The applicant shall have
the following options for ownership, management and maintenance of
the common open space:
(a)
Dedicate the land encompassing the common open
space to a homeowners' association which is comprised of all the residents
of the development; or
(b)
Dedicate the land encompassing the common open
space to Caln Township, who shall have the option to accept or refuse
the land offered for dedication
(10)
The land areas designated as common open space
shall be subject to the approval of the Board of Commissioners.
(11)
The provisions specified herein for common open
space do not relieve the applicant of other requirements for open
space and recreation, as specified with the Caln Township Code, with
which the applicant shall comply.
[Amended 7-25-2013 by Ord. No. 2013-05]
A.
Group homes are permitted by right in the R-1, R-2, R-3, R-4 and R-5 Districts subject to compliance with the criteria in this § 155-58.
B.
A group home consists of a maximum of four unrelated persons occupying
a dwelling unit if said occupants are handicapped persons as defined
in Title VIII of the Civil Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988. Such unrelated individuals shall have
the right to occupy a dwelling unit in the same manner and to the
same extent as any family as defined in this chapter.
C.
In any case where an applicant seeking a zoning permit for a group
home requests a reasonable accommodation pursuant to the provisions
of the Federal Fair Housing Act, a written application shall be filed
with the Zoning Officer who is hereby empowered to grant such accommodation
subject to the provisions of the Federal Fair Housing Act.
A.
Convalescent homes, nursing homes, rehabilitation centers, assisted living care facilities and/or personal care facilities, as defined under Article II of this chapter, are permitted by conditional use within the R-2, R-3, R-4, TV-1, C-1 and C-2 Zoning Districts.
B.
Unless otherwise specified by this Code, all convalescent
homes, nursing homes, rehabilitation centers, assisted living care
facilities and/or personal care facilities shall be located on approved
lots which comply with the minimum and maximum dimensional requirements
as well as the utility provisions, which are further specified by
the appropriate zoning district to which the group institution is
located.
C.
All convalescent homes, nursing homes, rehabilitation
centers, assisted living care facilities and/or personal care facilities
shall be designed in accordance with the following general standards
and requirements:
(1)
The facility shall be licensed or sanctioned by the
Commonwealth of Pennsylvania.
(2)
The facility is operated by a qualified staff consisting
of licensed physicians, psychologists, counselors, social workers,
nurses and/or therapists who are available to serve the special needs
of the residents or patients who reside at the facility.
(3)
The owner or sponsoring agency of the facility shall
provide documentation to the Zoning Officer and Code Enforcement Officer
that all building, fire, plumbing, heating, electrical and similar
facilities meet the standards established by the Caln Township Code
and by the Commonwealth of Pennsylvania.
(4)
At least one supervisor at the facility shall be on
call 24 hours per day, seven days per week.
(5)
The facility shall provide suitable areas for off-street
parking spaces, loading spaces, fire lanes and emergency vehicles.
(6)
Where appropriate, a twenty-five-foot-wide buffer
yard and planting screen along the property lines at the perimeter
of the facility to enhance the privacy of the adjacent property owners.
The design of the landscape and planting screen shall be subject to
the reasonable approval of the Board of Commissioners.
(7)
Active and passive recreation facilities may be permitted,
provided that the uses are considered subordinate to the principal
use.
(8)
An emergency management plan must be developed in
the event of a catastrophic event resulting from flooding, fire, snow,
ice, earthquake, utility outage or other catastrophic event. The emergency
management plan should be submitted to the Caln Township Emergency
Management Coordinator for review and consideration prior to the issuance
of the use and occupancy permit. The owner of the facility shall provide
a copy of the emergency management plan to the tenants of the convalescent
home, nursing home, rehabilitation centers, assisted living care facility
and/or personal care facility.
D.
As part of the conditional use application, the Board
of Commissioners may impose other requirements deemed necessary or
appropriate.
E.
Where required to comply with the provisions of the Caln Township Code, a subdivision plan and/or land development plan shall be submitted to Caln Township for review and consideration prior to the issuance of a building permit for the convalescent home, nursing home, rehabilitation center, assisted living care facility and/or personal care facility. The subdivision or land development plan shall be prepared to comply with the appropriate provisions of Chapters 137 and 155.
F.
All convalescent homes, nursing homes, rehabilitation
centers, assisted living care facilities and/or personal care facilities
shall be subject to an annual inspection by the Caln Township Zoning
Officer and Code Enforcement Officer.
A.
Tourist, bed-and-breakfast, rooming or boarding houses, as defined under Article II of this chapter, are permitted by special exception within the R-1, R-2 and TV-1 Zoning Districts.
B.
All tourist or bed-and-breakfast establishments shall
be designed in accordance with the following general design requirements:
(1)
A tourist or bed-and-breakfast establishment shall
be contained within a single-family detached, owner-occupied dwelling
unit. The principal use shall remain that of a single-family detached
residential dwelling unit.
(2)
Unless otherwise specified by this Code, all tourist
or bed-and-breakfast establishments shall be located on approved lots
which comply with the minimum and maximum dimensional requirements
as well as the utility provisions, which are further specified by
the appropriate zoning district to which the tourist or bed-and-breakfast
establishment is located.
(3)
The owner of the rooming or boarding house shall be
a permanent resident of the establishment.
(4)
A tourist or bed-and-breakfast establishments shall
not have more than five rental units and shall not house more than
10 guests.
(5)
The principal residential use or single-family dwelling
shall contain complete sanitary sewage disposal services, washing
and bathing facilities and a central kitchen with complete cooking
facilities to accommodate the occupants plus all of the guests. No
cooking facilities of any kind shall be permitted in any rental units.
(6)
The applicant shall provide documentation to the Zoning
Hearing Board, Zoning Officer and Code Enforcement Officer that all
plumbing, heating, electrical, sanitary sewage disposal, water supply,
storm sewer and similar facilities comply with all applicable ordinances,
regulations and laws of Caln Township, Chester County and/or the Commonwealth
of Pennsylvania.
(7)
Meals shall only be offered only to registered overnight
guests.
(8)
A minimum of one off-street parking space shall be
required for each permanent occupant of the house, plus one space
for each of the rental units. The proposed off-street parking spaces
shall be located at least 25 feet from all property lines and shall
comply with the design requirements specified by this Code. The off-street
parking spaces shall be screened from the roadways and other adjacent
properties with suitable landscaping materials.
(9)
All external amenities provided for the guests, including
swimming pools, whirlpool spas, tennis courts, gazebos, entertainment
areas and other common facilities shall be located at least 50 feet
from all property lines.
(10)
Nonresident employees shall be limited to two
employees.
(11)
A single decorative on-site sign, measuring
four square feet per side, shall be permitted for the rooming or boarding
house establishment. The proposed sign shall be subject to all other
requirements specified by the Code.
(12)
An emergency management plan must be developed
in the event of a catastrophic event resulting from flooding, fire,
snow, ice, earthquake, utility outage or other catastrophic event.
The emergency management plan should be submitted to the Caln Township
Emergency Management Coordinator for review and consideration prior
to the issuance of the use and occupancy permit. The resident owner
shall provide a copy of the emergency management plan in each rental
unit as well as the front desk.
(13)
The resident owner shall maintain a guest register
list which shall include the names, addresses and length of stay of
all guests.
(14)
The length of stay for any guest at a rooming
or boarding house establishment shall not exceed 10 consecutive days.
C.
All rooming or boarding house establishments shall
be designed in accordance with the following general design requirements:
(1)
A rooming or boarding house establishments shall be
contained within a single-family detached, owner-occupied dwelling
unit. The principal use shall remain that of a single-family detached
residential dwelling unit.
(2)
Unless otherwise specified by this Code, all rooming
or boarding house establishments shall be located on approved lots
which comply with the minimum and maximum dimensional requirements
as well as the utility provisions, which are further specified by
the appropriate zoning district to which the rooming or boarding house
establishments is located.
(3)
The owner of the rooming or boarding house shall be
a permanent resident of the establishment.
(4)
The minimum land area required to facilitate rooming
or boarding house shall be equal or exceed the provisions for a single-family
dwelling unit for the zoning district to which the use is located.
(5)
A rooming or boarding house establishment shall not
have more than four rental units and shall not house more than five
unrelated occupants.
(6)
The principal residential use or single-family dwelling
shall contain complete sanitary sewage disposal services, washing
and bathing facilities and a central kitchen with complete cooking
facilities to accommodate the occupants. No cooking facilities of
any kind shall be permitted in any rental units.
(7)
The applicant shall provide documentation to the Zoning
Hearing Board, Zoning Officer and Code Enforcement Officer that all
plumbing, heating, electrical, sanitary sewage disposal, water supply,
storm sewer and similar facilities comply with all applicable ordinances,
regulations and laws of Caln Township, Chester County and/or the Commonwealth
of Pennsylvania.
(8)
A minimum of two off-street parking spaces shall be
required for the single-family dwelling, plus one space for each of
the rental units. The proposed off-street parking spaces shall comply
with the design requirements specified by this Code.
(9)
No signs shall be permitted to advertise or identify
the location of a rooming or boarding house.
(10)
The resident owner shall maintain a guest register
list which shall include the names, addresses and length of stay of
all guests.
D.
All tourist, bed-and-breakfast, rooming or boarding
houses shall be subject to an annual inspection by the Caln Township
Zoning Officer and/or Code Enforcement Officer.
A.
Mobile home parks, as defined under Article II of this chapter, are permitted by special exception within the I-1 Zoning District.
B.
All mobile home parks shall be designed in accordance
with the following design and eligibility requirements:
(1)
The mobile home park shall consist of a minimum contiguous
land area of 20 acres. “Contiguous land area” shall be
defined as a parcel of land that is owned under a single deed or parcels
of land that are owned under multiple deeds, provided that the parcels
of land are contiguous to each other having common deed boundaries
and are not physically separated by parcels of land owned by other
individuals or parties. The Zoning Hearing Board shall consider parcels
of land that are physically separated by existing public roads, utility
easements or rights-of way, streams and/or other natural features,
provided that the applicant demonstrates that the mobile home park
can be harmoniously designed.
(2)
The mobile home park shall be served by public sewage
disposal and water supply facilities.
(3)
A minimum of 40% of the land area within the mobile
home park shall be set aside as common open space. The location, character,
management and utilization of the common open space shall comply with
all applicable specifications concerning open space.
(4)
The mobile home park shall be designed with regard
to the topographic and natural features of the site. All natural features
(lakes, streams, topsoil, knolls, basins, trees and shrubs) should
be preserved and incorporated into the final landscaping whenever
possible. The finished topography shall adequately facilitate the
mobile home park without excessive earthmoving and neglect for the
natural amenities.
(5)
The mobile home park shall not exceed eight dwelling
units per gross acre.
C.
The mobile homes located within the mobile home park
shall be located on individual lots or lease areas and shall be designed
to comply with the following dimensional requirements:
(1)
The minimum net lot area or net lease area for each
individual mobile home shall be 2,500 square feet.
(2)
The minimum lot width for each individual mobile home
lot or lease area shall be 40 feet.
(3)
The minimum front yard setback shall be 20 feet.
(4)
The minimum side yard setback shall be 10 feet, as
measured on each side.
(5)
The minimum rear yard setback shall be 20 feet.
(6)
The maximum lot coverage shall be 70% for each lot
or lease area.
(7)
All proposed mobile homes within the mobile home park
shall be located at least 50 feet from any property line or property
which is not owned by the applicant in predevelopment conditions.
(8)
No structure shall be constructed on or within 50 feet of any features designated as part of the Conservation Overlay Districts identified under Article V of this chapter.
(9)
No more than one mobile home shall be placed on a
mobile home lot or lease area, and such mobile home shall be occupied
by not more than one single family.
(10)
Unless otherwise specified by this Code, the
minimum separation distance for mobile homes shall be 20 feet.
D.
All mobile home parks shall be subject to the following
development and procedural requirements:
(1)
The mobile home park shall provide an evergreen planting
screen at least 20 feet in depth along the property line at the periphery
of the development to protect the privacy of adjacent residents.
(2)
Unless otherwise specified by this Code, no part of
the mobile home park shall be used to accommodate other than the uses
permitted under this section.
(3)
There shall be at least one street within the mobile
home park which serves as an internal collector street from which
minor streets shall turn out so as to provide direct access to each
mobile home lot or lease area. All streets shall be designed and constructed
to comply with all pertinent specification adopted by Caln Township.
(4)
All entrances shall conform to the standards of the
Pennsylvania Department of Transportation and Caln Township. A traffic
impact study should be prepared to assess the needs for on-site and
off-site traffic improvements which may be required to facilitate
the mobile home park. The traffic impact study shall be submitted
to Caln Township for review and consideration as part of the overall
development plan.
(5)
A minimum of two off-street parking spaces measuring
10 feet by 20 feet shall be provided for each mobile home lot or lease
area. A common off-street parking area may be designed to accommodate
the required off-street parking requirements and/or to provide additional
spaces for overflow parking spaces. No on-street parking shall be
permitted within the mobile home park.
(6)
Each mobile home space shall be provided with a hard
surfaced mobile home stand providing a foundation wall and/or footing
that will not heave, shift, settle or move due to frost action, inadequate
drainage, vibration or other forces acting on the superstructure.
(7)
All mobile homes shall be located, erected and anchored
in accordance with all applicable standards and provisions specified
in the Caln Township Code and/or the manufacturers specifications.
(8)
Each mobile home stand shall be equipped with utility
connections. For reasons of safety, the space between the mobile home
stand and the mobile home floor shall be permanently enclosed to prevent
unauthorized entry and to conceal all supports and utility connections.
Each stand shall be located at such elevation, distance and angle
in relation to the access street and mobile home accessory that the
placement and removal of the mobile home is practical.
(9)
The area between the ground level and the perimeter
of the mobile home shall be enclosed by means of a suitable skirting.
(10)
Every mobile home and open space areas shall have access to an improved street within the mobile home park in accordance with Chapter 137 of the Caln Township Code.
(11)
A subdivision and land development plan shall
be submitted to Caln Township for review and consideration.
(12)
Unless otherwise required by the utility provider,
all public utility services shall be underground within the mobile
home park.
(13)
Exterior storage areas for refuse stations shall
be properly screened from the view of all mobile homes within the
mobile home park and from adjacent property owners. All containers
shall be airtight, verminproof and have adequate storage capacity
to accommodate the projected volumes of solid waste. The mobile home
park shall have a solid waste management plan.
(14)
All mobile home parks containing 25 or more
mobile homes shall employ the services of a qualified manager. The
manager shall reside at the mobile home park and shall be responsible
for the operation and maintenance of the park.
(15)
The owner or manager of the mobile home park
shall provide Caln Township with a list of tenants who reside within
the mobile home park. Any change in tenancy shall be reported to the
Township within two weeks. The Caln Township Zoning Officer and Code
Enforcement Officer shall have the right to inspect the mobile home
park to determine if compliance with all provisions of the Code are
in order.
E.
The design of the land or water areas which are to
be designated as common open space shall comply with the following
standards and specifications:
(1)
A minimum of 40% of the gross area of the mobile home
park shall be set aside as common open space.
(2)
No more than 50% of the common open space shall be
located on lands within areas that are located within the one-hundred-year
floodplain, areas delineated as wetlands and/or areas with a slope
of 20% or greater.
[Amended 9-29-2005 by Ord. No. 2005-12]
(3)
No more than 50% of the common open space shall include
land areas that are burdened by or are proposed to contain utilities
easements and/or stormwater management facilities, as further described
under Caln Township Code.
(4)
The common open space shall be planned and located
as a contiguous accessible area within the mobile home park. Existing
and/or proposed roads may bisect the areas designated as common open
space, provided a crosswalk at grade is safely designed to link the
common open space areas. Planned linkages to other common open space
areas within other adjacent residential developments shall be considered
by the applicant as part of the conditional use application.
(5)
Significant natural features shall be incorporated
into the overall schematic of the design as common open space areas
whenever possible.
(6)
A system for pedestrian circulation throughout the
development shall be provided by utilizing sidewalks and trails.
(7)
The total land area designated to comply with the
minimum open space requirements shall be comprised of areas not less
than 50 feet in width and shall not contain less than one contiguous
acre of land. In addition, there shall be at least one designated
common area that is contiguous within the mobile home park containing
no less than 25% of the required open space.
(8)
For all common open spaces, satisfactory written agreements
approved by the Board of Commissioners shall be executed as a declaration
of easements, covenants and restrictions in perpetuity for the preservation
of the common open spaces and shall be recorded with the final plan.
(9)
The applicant shall make arrangements, provisions
and/or agreements to insure that the common open space shall continue
to be adequately managed and maintained. The applicant shall have
the following options for ownership, management and maintenance of
the common open space:
(a)
Retain ownership of the land encompassing the
common open space areas;
(b)
Dedicate the land encompassing the common open
space to a homeowners' association which is comprised of all the residents
of the development; or
(c)
Dedicate the land encompassing the common open
space to Caln Township, who shall have the option to accept or refuse
the land offered for dedication
(10)
The provisions specified herein for common open
space do not relieve the applicant of other requirements for open
space and recreation, as specified within the Code, with which the
applicant shall comply.
F.
In addition to the permitted mobile homes, the proposed
mobile home park may contain the following nonresidential uses, provided
they are considered as part of the special exception application:
(1)
Office space consisting of no more than 5,000 square
feet and utilized for the purposes of conducting customary business,
management, sales, meetings, laundry facilities, storage and/or maintenance
which are directly associated with the mobile home park.
(2)
Indoor recreation and/or community center consisting
of no more than 10,000 square feet and utilized exclusively by the
residents of the mobile home park.
(3)
Active and passive recreation uses conducted on the
areas designated as common open space.
[1]
Editor's Note: Former § 155-62, Mixed-use commercial
and residential uses, was repealed 10-10-2013 by Ord. No. 2013-07.
[Added 8-30-2012 by Ord. No. 2012-04]
A.
The following minimum and maximum dimensional requirements shall
apply to all senior independent living facilities:
(1)
The minimum lot width shall be 50 feet at the street line and 250
feet at or beyond the building setback line.
(2)
The front yard setback shall be a minimum of 30 feet, as measured
from the ultimate right-of-way line.
(3)
The side yard setback shall be a minimum of 30 feet for each side.
(4)
The rear yard setback shall be a minimum of 30 feet.
(5)
The building shall be located at least 50 feet from an existing lot
containing an existing residential use.
(6)
The maximum height of the buildings shall be 50 feet.
(7)
The maximum building coverage shall be 25% of the gross lot area.
(8)
The maximum impervious coverage shall be 50% of the gross lot area.
(9)
The minimum gross lot area shall be three acres.
(10)
The maximum density shall not exceed 17 units per acre.
B.
The following design requirements shall be applied to all senior
independent living facilities:
(1)
Where developments contain multiple buildings, the architectural
appearance of all buildings shall be compatible or harmonious.
(2)
A landscaping plan shall be submitted with the conditional use application which complies with the provisions of § 155-119 of this chapter. Where conditions exist which support a modification of the landscape buffer/yard requirements, such as existing vegetation, topography, etc., the landscaping requirements imposed in § 155-119 may be modified by the Board of Commissioners during and as part of the conditional use approval.
(3)
All proposed utilities shall be installed underground.
(4)
All trash and rubbish shall be contained in verminproof containers.
Exterior storage areas for trash and rubbish shall be completely screened
from view by fencing and/or landscaping. All dumpsters shall be located
in the rear or side yard within an enclosed fence with a lockable
gate. The location of the dumpster and the specifications of the fence
shall be subject to the approval of the Board of Commissioners as
part of the conditional use application.
(6)
The total number and size of all signs related to a senior independent living facility should be limited to the basic needs of the use. All proposed signs shall comply with the provisions of Article XI of this chapter.
(7)
Parking shall be provided at a minimum of 1.1 parking spaces per
dwelling unit.
(8)
The design standards and area and bulk requirements in § 155-55 pertaining to multifamily apartment uses and developments shall not apply to a senior independent living facility. The design requirements within this § 155-63 shall control and supersede any other design standards and area and bulk criteria contained within this chapter.
(9)
Public water and public sewer shall be provided for the senior independent
living facility.
(10)
The senior independent living facility shall provide a twenty-five-foot
buffer yard and planting screen along the side property tines that
are immediately adjacent to any existing residential dwelling units
in an attempt to enhance the privacy of adjacent residential property
owners. The aforesaid buffer yard and planting screen may be reduced
to 15 feet in width for parking and drive aisles associated with the
proposed senior independent living facility and may encompass other
buffering methods which shall be subject to the reasonable discretion
of the Board of Commissioners. The use of existing mature trees (six
inches in caliper measured four feet from the ground) is encouraged
and may be utilized as part of the required buffer yard. All such
buffering and screening shall be documented on a landscape plan which
shall be approved by the Board of Commissioners in conjunction with
the conditional use application.
C.
The following additional standards must be met in order for the Board
of Commissioners to grant conditional use approval for a senior independent
living facility:
(1)
The dwelling units shall be leased or sold as independent dwelling
units where the occupants of the dwelling units are independent with
respect to their daily living activities such as bathing, dressing
and grooming.
(2)
The dwelling units shall be limited to studio, one-, or two-bedroom
units, provided no more than 25% of the total number of dwelling units
shall contain two-bedroom units.
(3)
The senior independent living facility shall be age-restricted for
persons 55 years of age and older and must qualify for the exemption
to the prohibition against discrimination based on familial status
found in Section 3607(b)(1) of the United States Fair Housing Act,
42 U.S.C. § 3601 et seq., and the Housing for Older Persons
Act of 1995[1] and the regulations promulgated thereunder.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
(4)
The accessory uses which are provided within a senior independent
living facility shall not occupy more than 25% of the gross floor
area of the building and shall be for the exclusive use of the residents
and their invitees.
(5)
If a sundries shop is provided in the senior independent living facility
as an accessory use, the purpose of the shop will be to afford an
opportunity for the residents of the facility and their guests to
purchase necessary toiletries and other miscellaneous dry goods and
snack food items. The maximum size of the shop shall not exceed 500
square feet, and there shall be no advertising of the store outside
the facility.
(6)
If the dwelling units are sold in fee simple or condominium ownership,
the common area in the senior independent living facility must be
owned and/or managed by a professional management company.
