ORDINANCE NO. 145

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF KENNETT TOWNSHIP, ORDINANCE NO. 50, BY MODIFYING AND EXPANDING THE DEFINITIONS, STANDARDS, AND REGULATIONS PERTAINING TO OFF-STREET PARKING AND ON-STREET PARKING.

The Board of Supervisors of Kennett Township hereby enacts and ordains the Zoning Ordinance of Kennett Township, Ordinance No. 50, as adopted November 1, 1988, as amended, be amended further as follows:

SECTION 1.

Amend Article II, DEFINITIONS, Section 201, by adding and replacing the following definitions:

All-Weather Surface. A pavement constructed of materials such as graded stone, macadam, bituminous concrete, Portland cement concrete, grass-crete pavers, uni-stone pavers, or other surfaces approved by the Township Engineer.  (Certain all-weather surfaces shall have pavement types as specified in the Subdivision & Land Development Ordinance.)

Convenience Store.  A retail establishment with a gross floor area on the ground floor of less than 6,000 square feet offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption.

Garage, Private. An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises.

Parking Pad.  A type of Parking Lot for residential uses which has an all-weather surface for up to three (3) uncovered parking spaces adjoining and as an extension of the driveway near the dwelling.

Shopping Center.  A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, and protection from the elements, and landscaping and signage in accordance with a unified plan.

SECTION 2.

Amend Article XIII, GENERAL PROVISIONS, Section 1310.B., by deleted in its entirety and replacing with the following:

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SECTION 1310   ACCESSORY BUILDINGS AND STRUCTURES

B.         Residential Accessory Buildings.  Accessory buildings and structures on residential lots may be erected only in side or rear yard areas, provided that they are set back on minimum of ten (10) feet from any side or rear property line.  Accessory buildings shall occupy a maximum of twenty (20) percent of the side or rear yard area.  Swimming pools, tennis courts, garden sheds and other permanent structures shall be included under this Section.  An accessory building which is a Private Garage shall have the same minimum yard requirements as the principal structure, and shall comply with the Design Standards of Article XIV.

SECTION 3.

Amend Article XIV, DESIGN STANDARDS, Sections 1400, 1401, 1402 and 1404 by deleting in their entirety and replacing with the following, and by adding new Sections 1402-A, 1402-B, and 1402-C as follows:

SECTION 1400   RESIDENTIAL OFF-STREET PARKING STANDARDS

Except as provided for otherwise in this Article, the following standards shall apply to all residential uses:

A.         A minimum of two and one-half (2.5) parking spaces shall be provided for each unit of a single-family and two (2) family dwelling units, and for each dwelling unit of a multiple family dwelling.

B.         All dwellings can utilize garages, driveways, and parking pads for the calculation of required parking spaces, provided that sufficient spaces are available in such garages, driveways, and parking pads to meet the requirements of this Article. 

C.         Parking spaces for all dwellings shall be separated and set back from the right-of-way of any public road a minimum of ten (10) feet, including parking in front of the dwelling unit and in any other location.

D.         All parking spaces shall have an all-weather surface and shall have a safe and convenient street access in all seasons.

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SECTION 1401   NON-RESIDENTIAL OFF-STREET PARKING STANDARDS

The following standards shall apply to all uses other than residential uses:

A.         Off-street parking spaces shall be provided on the same lot for which they are intended and consist of an all-weather surface, except as provided for in Section 1402.B.

B.         Each parking space shall be at least nine and one-half (9 1/2) feet in width by seventeen and one-half (17½) feet in length.  (Refer to Appendix Exhibit)

C.         Parking spaces, with proper and safe access from a public street, shall be provided as required for the use to be served.

D.         There shall be sufficient spaces provided for each use so that there is a minimum of one (1) parking space per one and one half (1 1/2) employee, based upon maximum projected employees at any one time.

E.         Parking in addition to that specified above shall be provided as follows:

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F.         The unit of measure deemed by the Board of Supervisors to be most similar to the proposed structure or use shall apply to a use not specifically listed in the schedule above.

G.         A building or group of buildings containing two (2) or more uses, operating normally during the same hours, shall provide parking spaces for not less than the sum of the spaces required for each use.

H.         Reserved parking may be provided in accordance with Section 1402.4.

SECTION 1402   PARKING LOTS

The following standards shall apply to parking lots in excess of ten (10) parking spaces:

A.         Parking lots shall be divided and defined by curbs and planting strips in accordance with § 518.B.3. of the Subdivision and Land Development Ordinance so that access lanes are clearly defined, and that moving traffic is confined to designated access lanes.

B.         An area equivalent to twelve (12) percent of the paved area within a parking lot shall be landscaped with trees and shrubs. Planting within twenty (20) feet of the perimeter of a parking lot may be considered as part of the required landscaping, provided its design does not obstruct the vision of motorists, unless such twenty (20) feet if part of the required perimeter buffer in which case it shall not be considered.

C.         Parking lots which abut a residential district or residential use shall be screened from the said district or use by a buffer planting strip in accordance with Section 1405.

D.         Aisles within parking lots, separating rows of parking spaces, shall be a minimum of twenty-five (25) feet in width for two-way traffic, and seventeen (17) to twenty-two (22) feet for one-way traffic, in accordance with § 502.2.B. of the Subdivision and Land Development Ordinance, and clearly defined by means of painted lines, curbing, or landscaping.  (Refer to Appendix Exhibit)

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E.         Parking lots with fifty (50) or more spaces shall have two (2) separate entrances to a any road.

F.         All paved parking spaces shall be line striped so as to provide for orderly and safe parking.

SECTION 1402.1.  OTHER OFF-STREET PARKING REGULATIONS

The following additional regulations shall apply to off-street parking:

A.         Existing Parking ‑ Structures and uses in existence at the date of adoption of this Ordinance shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed, provided that any parking facility now serving structures or uses shall not in the future be reduced below such requirements.

B.         Changes in Use ‑ Whenever a structure is altered or a use is changed or extended which increases the parking requirements of Section 1401.E., then the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of that Section.

C.         Conflict with Other Uses ‑ No outdoor parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

D.         Continuing Character of Obligation ‑ All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve.  Off‑street parking facilities shall not be reduced in total extent except when such reduction is in conformity with the requirements of this Article.

E.         Fractional Spaces ‑ Where the computation of required parking spaces results in a fractional number, the fraction of one half (1/2) or more shall be counted as one (1).

F.         Maintenance of Parking Areas ‑ For parking lots for ten (10) or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with all weather surfaces, and drained to Township standards.  All parking areas, including their signage and line stripping shall be maintained and replaced as may be necessary from time to time to provide for safe and convenient use, as determined by the Township Engineer.

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G.         Handicapped Parking

            1.          In any parking area where the total number of parking spaces involves ten (10) or more spaces, handicapped parking space shall be designed and maintained in accordance with current ADA requirements.

            2.          Parking spaces for use by handicapped drivers shall be located to minimize the distance between the vehicles and a wheelchair accessible entrance to the facility served.

3.      Handicapped parking shall be in accordance with the dictates of the Americans with Disabilities Act (ADA) and design requirements of the Subdivision and Land Development Ordinance.

H.         Garages – All private garages shall be limited in storage space to four (4) motor vehicles including cars, trucks and vans, for each dwelling unit.

SECTION 1402.2.  OFF-STREET PARKING AS A SPECIAL EXCEPTION

A Special Exception shall be required whenever the parking spaces required in Sections 1400 and 1402 for multiple family dwellings and non-residential uses are located on an adjoining lot or lots, subject to all of the following:

A.         That the owners of two (2) or more establishments shall submit, with their application for Special Exception, a site plan showing joint use and location of a common off‑street parking area.

B.         That some portion of the common off‑street parking area lies within four hundred (400) feet of an entrance, regularly used by patrons or residents, into the building served thereby.

C.        The off-lot parking area which is used to satisfy the parking requirements shall be deed restricted to ensure its use for parking.

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SECTION 1402.3.  ON-STREET PARKING REGULATIONS

The following regulations shall apply to on-street parking:

A.         On-street parking may be provided along roads in the R-4, C, C-1, LI, BP, BR, PRD, and CCC Districts only when approved as part of the land development approval process.

B.         Such on-street parking may be counted toward the required parking as set forth in Sections 1400 and 1401.

C.         On-street parking areas may only be counted along the frontage owned by the applicant or landowner, exclusive of any driveway or other curb cut, and exclusive of any existing cartway and perpendicular street.

D.         A bona-fide on-street parking area shall measure eight (8) feet in width and twenty-two (22) feet in length, exclusive of any street cartway, and shall be parallel to the curb line or other edge of pavement.

E.         All eligible on-street parking areas shall be clearly depicted on a plan.  Such parking areas shall not conflict with any turning movements off the cartway or obstruct access to any street, driveway, sidewalk, crosswalk, other accessway, or fire hydrant.

SECTION 1402.4.  RESERVED PARKING

A.         All land development plans shall depict the location of all proposed parking spaces in accordance with the requirements of Section 1401.  However, the Board of Supervisors may permit up to a twenty percent (20%) conditional reduction in the number of parking spaces as set forth below.

B.         The initial phase of parking shall be clearly indicated on the Land Development Plan.

C.        The balance of the parking area conditionally reserved shall not include areas for required yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this Ordinance.  The parking area which is reserved shall be shown on the Land Development Plan, and noted for possible future use.  Any landscaping in the reserve parking area shall be placed on the perimeter of the reserved area.  The applicant shall provide a landscaping plan for the reserved area as part of the Land Development Plan submission.

D.         The developer shall enter into a written agreement with the Board of Supervisors that, after two (2) years following the issuance of the last Occupancy Permit, any additional parking spaces shall be provided at the landowner’s expense should it be determined the full parking space requirement, or portion thereof, is necessary to satisfy the need of the use(s).

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E.         The applicant shall demonstrate through the use of empirical data from other built projects that a lesser standard can adequately serve the proposed use(s).  In any event, the Township shall hold in escrow the monetary value of the parking spaces not built for a period of two (2) years following the issuance of the last Occupancy Permit, and the Land Development Plan shall include calculations on the potential impervious surface area addition.  If after two (2) years, the use is adequately serviced by the parking provided, escrow funds may be released.  If the provided parking is not adequate, then the escrow funds shall be used to construct the needed parking.

SECTION 1404   LANDSCAPING STANDARDS

Any portion of a lot, site or tract which is not used for buildings or structures, loading or parking spaces and aisles, or other paved surface shall be protected by landscaping or other means to prevent soil erosion and subsequent sedimentation from occurring downstream, and shall be enhanced by landscaping in accordance with Article V of the Subdivision and Land Development Ordinance.

SECTION 1405   SCREENING STANDARDS

The following standards shall apply where vegetative screens and buffers are required by this Ordinance as part of a land use proposal, or in each instance where a use in Column I is adjacent to a use in Column II:

I                                                                       II

Activity To Be Screened                                  Adjacent Properties

Commercial or Industrial Use               Any Other Use

Sanitary Landfill                                               "

Outdoor Storage                                              "

Educational or Religious Use                Any Residential Use

Fire House/Emergency Service                         "

Kennel                                                             "

Hospital/Veterinary Hospital                             "

Mobile Home Park                                          Any Other Residential Use

Multi-Family Use                                             "

A.                 Vegetative screening shall include a variety of deciduous and evergreen species which are designed in a fashion which provides a continuous, year-round visual screen between the activity to be screened and abutting properties. A vegetative screen shall include a minimum of sixty-five (65) percent evergreen species and ten (10) percent flowering material. The screen may incorporate existing hedgerows to achieve this design control, and shall incorporate earthen berms whenever possible.

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B.         Vegetative screening where designed along lot boundaries shall have a minimum depth of ten (10) feet at the time of planting. All existing trees above two (2) inches in caliper and/or six (6) feet in height shall be preserved within the screening depth, except when cutting thereof is specifically approved by the Board of Supervisors or can be demonstrated as necessary for insuring adequate site distances. Site distances shall be as defined under the Kennett Township Subdivision and Land Development Ordinance.

C.        No plantings shall be placed with their center closer than five (5) feet from any property             line of the tract.

D.        The amount, density and types of plantings shall be based upon physiographic features, existing plant species, proximity to adjacent land uses, and the level of incompatibility between proposed and existing uses. All trees to be planted shall have a minimum caliper of two and one-half (2½) inches and a minimum height of eight (8) feet.  All shrubs shall have a minimum spread of eighteen (18) inches.

E.         Vegetative screening should incorporate earthen mounds wherever reasonable to improve sound as well as visual buffering.

F.         Plantings shall be permanently maintained. The landowner shall be responsible for maintenance.

G.         In addition to screening, a buffer may be required by the Board of Supervisors where light and/or noise pollution will be generated by the proposed use.

H.         All buildings shall be setback seventy-five (75) feet from the common property line shared with an existing mushroom production greenhouse culture use. Said setback may be reduced, where effective visual screening through the use of landscaping can be demonstrated by the applicant, and when approved by the Board of Supervisors.

ENACTED AND ORDAINED this 19^th day of May, 2003.

                                                                        KENNETT TOWNSHIP

                                                                        BOARD OF SUPERVISORS

ATTEST:

                                                                        Thomas W. Nale, III

Secretary-Treasurer                                                                                                             

                                                                        Michael E. Elling

                                                                        Charles G. Shoemaker