(a) Purpose. District 3 is established to preserve and protect an existing community character typified by single-family detached residential housing developed at moderate densities averaging about two dwelling units per acre. Being relatively closer to the Village Core, neighborhoods in this district have greater accessibility and connection to the Village Core than residences in District 1. Existing single-family developments are characterized by traditional subdivision designs with curvilinear street patterns and some examples of open space dedications. Few potential development areas remain, and are constrained in many instances by the Brandywine Creek drainage corridor. District regulations are intended to continue the predominant single-family detached use, while providing for the addition of attached single-family, duplexes, and townhomes, into the housing mix, as well as additional parks, open space, and trail/bikeway linkages to the Village Core. Additional uses include supporting institutional uses (such as churches and schools) and public service uses. Single-family detached residential housing densities will mirror existing densities and character, and be permitted up to a maximum of two and one-half dwelling units per acre. Protection of remaining sensitive environmental areas, including wellhead protection areas, will be a high priority.
(b) Uses By-Right.
(1) Residential.
A. Family day care homes, small (one to six children).
B. Residential group homes for up to five handicapped or elderly people.
C. Single-family, detached.
(2) Planned developments.
(3) Institutional/civic/public.
A. Public park or recreation areas, including multipurpose trails.
B. Public recreational facilities, indoor or outdoor.
C. Public safety and emergency services.
D. Essential public utility and public services installations, including bus shelters and bus stops, but not including water towers, power generating stations, transfer stations, or outdoor storage.
(c) Conditional Uses. The following uses shall be conditionally permitted in District 3 subject to meeting all applicable requirements set forth in this section and Section 1206.02
, Conditional Uses.
(1) Residential.
A. Assisted living.
B. Duplexes.
C. Model homes.
D. Open space conservation subdivisions.
E. Residential group homes for the handicapped or elderly (from six to eight people).
F. Single-family, attached.
G. Townhomes.
(2) Agricultural.
A. General agricultural operations.
(3) Commercial/retail.
A. Bed and breakfast inns.
B. Golf courses, private.
C. Private-membership recreational facilities or clubs.
(4) Institutional/civic/public.
A. Cemeteries.
B. Continuing care retirement community.
C. Golf courses, public.
D. Institutional residential for the handicapped or elderly (for nine or more people).
E. Places of religious worship, including churches and synagogues. Religious schools and day care centers may be permitted as accessory uses within the same structure as the principal conditional use.
F. Public, nonprofit, or private cultural facilities including but not limited to libraries and museums.
G. Public safety and emergency services, including police or fire stations and emergency medical services, provided the size of the building housing the facility or service shall not exceed 10,000 square feet.
H. Schools, public or private (preschool, elementary, secondary, or post-secondary).
(5) Accessory uses.
A. Oil and gas exploration and extraction of lots of at least twenty acres in size under single ownership.
B. Shared driveways for dwellings.
C. See Section 1206.03, Accessory Uses.
(d) Property Development/Design Standards. In addition to compliance with all applicable standards set forth in Chapter 1207
, Zoning Development and Site Plan Standards, development in District 3 shall comply with all of the following development/design standards (all standards are minimums unless otherwise noted):
(1) Maximum net density.
A. Single-family detached and duplexes: two and one-half dwelling units per acre.
B. Single-family attached: three dwelling units per acre.
C. Townhomes: four dwelling units per acre.
(2) Open space. In addition to compliance with the standards and requirements governing open space set forth in Section 1207.05
, developments in District 3 shall set aside a minimum of twenty-five percent of the gross land area for private open space.
(3) Minimum lot size.
A. Residential uses, except townhomes: 16,000 square feet, except that the minimum lot size may be reduced to 6,000 square feet if open space conservation lots are developed pursuant to the requirements set forth in Section 1207.06.
B. Townhomes: 2,500 square feet.
C. Residential uses (except townhomes) on lots fronting arterial roads: one acre.
D. Non-residential uses: two acres.
(4) Minimum lot width.
A. All uses except single-family attached and townhomes: 100 feet, except that minimum lot width may be reduced to sixty feet if open space conservation lots are developed pursuant to the requirements set forth in Section 1207.06.
B. Single-family attached: forty-eight feet.
C. Townhomes: twenty-four feet.
D. Lots abutting railroad right-of-way: In order to enable an increase in the rear yard setback and allow room for a landscaped buffer between the dwelling and the railroad right-of-way when a lot abuts and backs onto a railroad right-of-way, the minimum lot width may be reduced by not more than ten percent provided the lot depth is at least 250 feet.
(5) Setbacks.
A. Open space conservation subdivisions: All residential open space conservation subdivisions shall comply with the setback and yard requirements set forth in Section 1207.06(e).
B. All other developments–case-by-case determination:
1. In order to provide for the maximum preservation of environmentally sensitive areas within District 3, building setbacks and yard requirements for all other developments in District 3 shall be determined on a case-by-case basis by the PC either during the subdivision approval process or during the site plan approval process.
2. Except for development on lots that were two acres or larger as of the effective date of this Code, all determinations of setbacks and yard requirements shall use as a starting point the setbacks set forth in divisions (d)(5)C. through E. of this section, which may be modified pursuant to the conditions and criteria set forth in Section 1207.01, Establishment of Maximum Impervious Surface Coverage.
3. Residential development on lots of record that were two acres or larger in area as of the effective date of this Code shall use as a starting point the minimum setbacks for District 2 set forth in Section 1205.05.
C. Minimum front yard setbacks:
1. Residential uses: fifty feet, provided that averaging shall be required for residential uses. Except for new residential development on lots fronting arterial roads, the front setback shall not differ by more than ten percent from the average of the front yard setbacks existing on the two properties immediately adjoining the subject property, unless approved by the Architectural and Historic Board of Review. If one or more of the adjoining properties is vacant, the front yard setback shall be fifty feet.
2. Non-residential uses: seventy-five feet.
3. All uses on lots fronting arterial roads: 100 feet, of which the front fifty feet shall comprise a bufferyard that shall be landscaped pursuant to Section 1207.04(k).
D. Minimum side yard setbacks:
1. Principal residential structure: fifteen feet.
2. Principal non-residential structure: thirty feet.
3. Side-facing attached garage: twenty-five feet.
4. All other accessory structures: fifteen feet.
5. Residential corner lots: fifty feet for street side not designated as "front."
E. Minimum rear yard setbacks:
1. Principal structure: fifty feet.
2. Accessory garage: fifteen feet.
3. Other accessory structure: fifteen feet.
F. Arterial setbacks: See arterial setback and landscaping requirements in Section 1207.04(k), Landscaping/Buffering.
(6) Maximum number of units per structure.
A. Attached single-family: four attached units per structure.
B. Townhomes: six units per structure.
(7) Maximum structure height.
A. Single-family detached, attached, and duplexes: thirty-five feet.
B. All other uses: forty feet.
(8) Distance between residential buildings. Structures containing either single-family-attached, duplexes, or townhomes shall be separated from each other by a minimum of twenty feet at their closest points.
(9) Building siting and orientation. The following building siting and orientation requirements shall apply to new development in District 3, except for new development with a front yard depth of 130 feet or more:
A. Principal residential structures–single-family detached and duplexes.
1. The main entrance(s) to the residence shall face the street.
2. The front wall of the principal structure shall be parallel to the street or perpendicular to a radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
B. Principal residential structures–single-family attached/and townhomes.
1. The entrance to at least one dwelling unit within each building shall face the street. (See Figure 6.)
2. The front wall of the principal structure, or the front wall of at least one principal structure in a multi-building development, shall be parallel to the street or perpendicular to a radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
C. Principal residential structures on corner lots.
1. In general, the structure shall face one of the streets and not the corner.
2. One side of the structure shall be designated the "front" and shall be subject to the requirements set forth in division (d)(9)A. of this section.
D. Private garages.
1. Doors of attached garages shall not face the street.
2. Detached garages shall be located only in the rear yard.
3. New development of a principal single-family detached or attached dwelling shall provide space for the storage of at least two cars within an enclosed garage.
E. Non-residential development.
1. The main entrance to the principal structure shall face the street.
2. The front wall of the principal structure shall be parallel to the street or perpendicular to a radius of the curve of the street extended through the approximate center of the main mass, if the street is curved.
3. The main body of the principal structure shall be closest to the street.
(10) Pedestrian/bicycle pathways and linkages.
A. Provision shall be made in the design of all developments for non-vehicular circulation systems, including but not limited to sidewalks, pathways, and bikeways. Funds-in-lieu of public sidewalks and other non-vehicular circulation systems may be provided as set forth in Section 1207.13(e).
B. Any amount of land set aside for trails in a development shall be credited toward either the public or private open space requirements set forth in this section and in Section 1207.05.
C. Sidewalks at least five feet wide shall be provided on both sides of all streets in District 3, shall run parallel to the street within the right-of-way, and shall be separated from the curb by a planting strip of at least seven feet in width.
D. To the maximum extent feasible, provision shall be made in the design of developments for interconnections with existing or planned streets and pedestrian or bikeway systems on adjoining properties, unless the City determines that such interconnections would have adverse impacts on open spaces, wetlands, sensitive environmental areas, or other significant natural areas.
(13) Bufferyard requirements for lots abutting a historic landmark. New development on lots that abut a historic landmark shall establish a bufferyard equivalent to or greater than "Bufferyard C" as set forth in Section 1207.04
(g). The bufferyard shall be established on the boundary that abuts the historic landmark.
(14) Driveway curb cuts.
A. Lot widths of 150 feet or less: No more than one driveway curb cut per lot.
B. Lot widths of more than 150 feet: No more than two driveway curb cuts per lot.
C. See Section 1207.13(c)(5) regarding limits on curb cuts to arterial and collector roads.
(15) Location of parking. In addition to the off-street parking requirements set forth in Section 1207.12
, off-street parking shall be located to the side and rear of the principal building.
(Ord. 16-148, § 9. Passed 2-21-17; Ord. 18-93. Passed 10-15-19; Ord. 21-84. Passed 11-9-21; Ord. 21-71. Passed 1-4-22; Ord. 23-84. Passed 12-12-23.)