§ 175-153. Residential-3 District.
[Added 4-10-1989 by Ord. No. 7-1989]
   The following uses are permitted in the R-3 Zoning District:
   A.   Residential uses.
[Amended 10-9-1989 by Ord. No. 33-1989; 11-27-1989 by Ord. No. 40-1989; 6-17-2002 by Ord. No. 30-2002]
      (1)   No residential dwelling unit shall be located on a parcel of less than 1.5 acres unless served by a centralized wastewater treatment plant.
      (2)   Single-family detached dwellings, where public sewerage is available, subject to the following:
         (a)   Minimum lot size: 25,000 square feet.
         (b)   Minimum lot width: 120 feet.
         (c)   Maximum lot coverage: 40%.
      (3)   Twin- or two-family detached dwelling units, but only where public sewerage is available, subject to the following:
         (a)   Minimum lot size: 37,500 square feet.
         (b)   Maximum lot coverage: 40%.
   B.   Nonresidential uses.
      (1)   Public playgrounds, conservation areas and parks.
      (2)   Public buildings, limited to libraries, museums and schools, provided that, in the case of schools, such use shall be limited to either a public or private nonprofit institution of elementary or secondary education.
      (3)   Farms, limited to the raising of flowers, fruits or vegetable crops.
      (4)   Churches or other places of worship, including schools for religious instruction and parish halls.
      (5)   Offices and office buildings.
      (6)   Garden centers engaged in the retail sale of plant materials, provided that in the case of schools, such use shall be limited to either a public or private nonprofit institution of elementary or secondary education.
      (7)   Professional offices limited to doctors, dentists, architects, engineers, planners, lawyers, real estate agents, insurance brokers and offices for similarly licensed professionals.
      (8)   Buffers.
[Added 10-9-1989 by Ord. No. 33-1989]
         (a)   The Planning Board shall require a planted buffer established in accordance with the standards set by § 175-91 for any permitted use where the property upon which said permitted use is being developed with the exception of an agricultural use where the property in question abuts an active agricultural use, abuts an Agricultural Production (AP) Zone or directly across a public street that abuts an active agricultural use or an Agricultural Production (AP) Zone, which buffer shall meet the following requirements:
            [1]   If the proposed use is located across the street or abuts an existing active agricultural use, a fifty-foot buffer shall be applied.
            [2]   If the proposed use is located across the street or abuts an Agricultural Production (AP) Zone, a one-hundred-foot buffer shall be applied.
         (b)   The applicant, for approval of any development within this section which is subject to the buffer requirements of Subsection B(8)(a)[2] above, shall, as a condition of preliminary approval and prior to filing for any final approval, place a deed on record creating a perpetual conservation easement over said buffer area.
      (9)   No nonresidential use in the R-3 District shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant with the exception of those uses which do not require any sanitary sewer system such as public playgrounds, conservation areas, farms, parks and other similar uses.
[Added 9-25-2000 by Ord. No. 36-2000]
   C.   Conditional uses.
      (1)   Home occupations subject to § 175-108.
      (2)   Home professional offices subject to § 175-109.
      (3)   Conversion of an existing single-family dwelling into no more than two apartment units, provided that:
         (a)   Each resulting apartment unit shall consist of at least four rooms, two of which shall be a kitchen and a full bathroom; shall meet all health, safety and building code provisions applicable at the time of conversion; shall have separate, safe and convenient means of access; and shall have access to public utilities.
         (b)   The floor area of the original dwelling shall not be increased for the purpose of or in connection with the conversion thereof.
         (c)   The lot containing such dwelling to be converted shall contain at least 25,000 square feet; shall have a minimum width of 110 feet; shall provide a minimum front yard setback of 50 feet or a setback equal to the adjacent properties, whichever is the lesser; shall provide minimum side yards of 20 feet; and shall provide a minimum rear yard setback of 50 feet.
[Amended 6-17-2002 by Ord. No. 30-2002]
      (4)   Editor's Note: Former Subsection C(4), regarding single-family attached/multifamily dwelling units, as amended 10-9-1989 by Ord. No. 33-1989, was repealed 12-27-1999 by Ord. No. 35-1999. Cluster single-family/two-family dwelling units shall not be permitted.
[Amended 10-9-1989 by Ord. No. 33-1989; 11-27-1989 by Ord. No. 40-1989; 6-17-2002 by Ord. No. 30-2002]
      (5)   Wholesale distribution centers and warehousing, provided that such activities are conducted entirely within an enclosed structure under the following conditions:
[Added 10-9-1989 by Ord. No. 33-1989]
         (a)   The hours of operation shall be limited to be consistent with the neighboring uses so as to reduce any potential for conflict.
         (b)   A planted perimeter buffer shall be established along all property lines and be consistent with the following standards:
            [1]   A fifty-foot planted buffer shall be established along all property lines in accordance with § 175-91.
            [2]   Where the proposed use abuts an Agricultural Production (AP) Zone, a one-hundred-foot planted buffer in accordance with § 175-91 shall be applied.
            [3]   Any developer with a development that qualifies under Subsection C(5)(b)[2] shall, as a condition of preliminary approval and prior to filing for final approval, place a deed on record creating a perpetual conservation easement over said buffer area, where the property abuts an Agricultural Production (AP) Zone.
         (c)   Access to the property shall be controlled through an improved driveway opening. The location, width, type and construction detail shall be approved by the Planning Board, its engineer and/or traffic consultant.
   D.   R-3A Zone.
[Added 12-27-1999 by Ord. No. 35-1999 Editor's Note: this article also repealed former Subsection D, regarding nonresidential uses on parcels of less than one acre, added 6-28-1993 by Ord. No. 13-1993. ]
      (1)   There shall be created within the Residential-3 District a zone entitled R-3A which shall be limited to Block 3801, Lots 5, 6 and 6.01, formerly located in the R-3 and B-2 Zones.
[Amended 2-28-2000 by Ord. No. 3-2000]
      (2)   The following uses shall be permitted within the R-3A Zone:
         (a)   Single-family attached/multifamily dwelling units, but only if public sewerage and water is available at the site and subject to the following:
         [1]   Minimum tract size shall be seven acres.
         [2]   Not more than 35% of the lot area shall be covered by buildings and paving. A minimum of 25% of the tract shall be in common open space with the appropriate recreational facilities; such open space shall be in areas not less than one acre.
         [3]   No multifamily unit or single-family attached unit shall be constructed in any areas where public sewerage facilities and water are not then available or cannot be made available by the developer.
         [4]   The maximum density for single-family attached units and multifamily units shall be six per acre subject however to a 20% set aside of the total units for low- and moderate-income households as defined by the Council on Affordable Housing (COAH) and further subject to the rules, regulations and restrictions imposed by COAH.
         [5]   A development may consist of all single-family attached units, a combination of attached and multifamily units or all multifamily units. Any type of unit proposed must comprise at least 35% of the total units.
         [6]   No structure containing multifamily or single-family attached units shall exceed 21/2 stories in height.
         [7]   Any basement or part thereof in any structure used for dwelling purposes must meet all appropriate requirements of state and local building codes.
         [8]   Multifamily and single-family attached development shall reflect superior features of design and layout and shall conform to the following building design criteria:
            [a]   Single-family attached units. Each structure shall contain not more than eight single-family attached units, and in no case shall any structure exceed 175 feet in length. To mitigate the visual impact created by long building facades, offsets of at least four feet shall be provided after every two units.
            [b]   Multifamily units. Each structure shall contain not more than 16 units, and in no case shall any structure exceed 180 feet in length. To mitigate the visual impact created by long building facades, offsets of at least four feet shall be provided after every four entrances.
            [c]   The following minimum building spacing shall be maintained for all structures containing four or more units:
            [d]   End-wall to end-wall separation shall be maintained at a minimum distance of 30 feet.
            [e]   The distance of any building face to the curbline of the street shall be at least 30 feet.
            [f]   Any building face to parking area separation shall be maintained at a minimum distance equal to ½ the height of the highest building wall, but in no case less than 20 feet.
            [g]   End-wall to window-wall separations shall be maintained at a minimum distance equal to 11/2 times the height of the highest building wall, but in no case less than 40 feet.
            [h]   Window-wall to window-wall separations shall be maintained at the minimum distance equal to two times the height of the highest building wall, but in no case, less than 65 feet.
         [9]   A perimeter buffer of at least 50 feet shall be provided around the entire proposed development. The buffer shall consist of natural vegetation and/or planted material as stipulated in § 175-91. No stormwater drainage facilities or active recreation facilities are to be located in this buffer area.
         [10]   Where the proposed residential development is proposed on any lot which abuts or is across a public street from an active agricultural use, the development shall incorporate a fifty-foot planted buffer or a one-hundred- foot planted buffer where the property abuts an Agricultural Production (AP) Zone in accordance with § 175-91, in addition to the required building setback standards. This buffer shall be required on the property line(s) of the lot which abuts or is across a public street from the active agricultural use or the Agricultural Production (AP) Zone.
         [11]   Where an applicant for development is required to establish a buffer under Subsection D(2)(a)[9] or [10] as herein referenced. Said developer as a condition of preliminary approval shall be required, prior to filing for major subdivision or site plan approval, to place on record a deed creating a perpetual conservation easement over the buffer area as defined in said sections, where the property abuts an Agricultural Production (AP) Zone.