Dublin City Zoning Code
PART 7
DESIGN REGULATIONS
§ 27-701 Dimensional Requirements.
[Ord. 294, 11/26/2007, § 27-701]
1.
Area or Yard Requirements. The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot or area shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
2.
Minimum Lot Size.
A.
Where a minimum lot size is specified, no primary building or use shall be erected or established on any lot of lesser size than as specified in Parts 4 and 5.
B.
Exceptions to Minimum Lot Sizes.
(1)
The provisions of Parts 4 and 5 shall not prevent the construction of a single-family detached dwelling on any lot that was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed; and, provided that:
(2)
Such lot is not less than 70% of the minimum lot area or the area required by gross density required under Parts 4 and 5. Those lots not served by public water and sewers shall meet all requirements of the Bucks County Department of Health. The percentage of lot area covered by the single-family dwelling shall not exceed 30% of the area of the lot. The front and rear yards shall aggregate at least 60% of the total depth or meet the normal requirements of the District in which the lot is located, but in no case shall either side yard be less than five feet.
(3)
This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this chapter, in any case where a reparceling or replatting could create one or more lots which would conform to this chapter.
3.
Minimum Lot Width.
A.
Where a minimum lot width is specified, no primary building shall be erected on any part of a lot which has a width less than that specified in Parts 4 and 5 except as specified in Subsection 3B.
B.
Exceptions to Minimum Lot Width. The provisions of Parts 4 and 5 shall not prevent the construction of a single-family detached dwelling on any lot that was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed provided that:
(1)
The width of the lot is at least 50 feet wide at the minimum building setback line.
(2)
This exception shall not apply to any two or more contiguous lots in single ownership as of or subsequent to the effective date of this chapter, in any case where a reparceling or replatting could create one or more lots which would conform to this chapter.
4.
Traffic Visibility. On a corner lot or at a point of entry on a public road, nothing shall be erected, placed or allowed to grow in a manner which obscures vision:
5.
Front Yard Requirements.
A.
Where a minimum depth of front yard is specified in Parts 4 and 5, an open space of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure, except as may be permitted hereinafter.
B.
Exceptions for Existing Alignment. If the alignment of two existing buildings on each side of a lot, within a distance of 50 feet of the proposed building and fronting on the same side of the same street in the same block is nearer to the street than the required front yard depth, the average of such existing alignment within that distance shall be the required front yard.
C.
Projections into Front Yards. Ground story bays and porches not over half the length of the front wall may project five feet into any front yard. Chimneys, flues, columns, sills, ornamental features, cornices, and gutters may project not more than two feet over a required front yard.
D.
Fences and Terraces in Front Yards. The provisions of Parts 4 and 5 shall not apply to front fences, hedges, or walls less than five feet high above the natural grade in the required front yard, nor to terraces, steps, uncovered porches, unenclosed porches, nor to other similar features less than three feet above the level of the floor of the ground story.
E.
Accessory Buildings in Front Yards. Accessory buildings shall not be permitted in required front yards.
6.
Corner Lots. On a corner lot, the street side yard shall equal the required front yard for lots facing that street.
7.
Side Yard Requirements. No portion of a building or a structure, including a deck or an uncovered porch, shall be built within the minimum depth from the rear lot line specified in Parts 4 and 5, except as permitted in § 27-701, Subsections 1 and 2.
A.
Projections into Side Yards. Bays, balconies, chimney flues, and fire escapes may project into a required side yard not more than one-third of the width of the projection, but not more than four feet in any case. Ground story bays and porches not over half the length of the side wall may project into any required side yard 3 1/2 feet.
B.
Fences and Terraces in Side Yards. The provisions of § 27-701, Subsection 7A, shall not apply to fences or hedges less than six feet above the natural grade. The provisions of Subsection 7A shall not apply to terraces, steps or other similar features less than three feet above the floor of the ground story; however, such improvements shall be no closer to the property line than five feet in the R-2 and TC Districts and 10 feet in all other districts.
C.
Accessory Buildings in Side Yards. Completely detached accessory buildings may occupy a required side yard but shall not be located closer than five feet to the side property line, unless a greater setback is required for a specific use in Parts 4 or 5.
8.
Rear Yard Requirements. Completely detached accessory buildings may occupy a required side yard but shall not be located closer than 10 feet to any side property line and must be located at least 12 feet to the rear of the primary building. No portion of a building or structure shall be built within the minimum depth from the rear lot line specified in Parts 4 and 5, except as permitted in § 27-701, Subsection 8A and B.
9.
Height. The height of buildings is regulated to prevent loss of life or excessive property damage through the inability of the Borough's fire equipment to reach the upper stories or roofs. Therefore, no building shall exceed a height of 35 feet except church spires, belfries, silos, water towers, smokestacks, solar panels, or antennas.
§ 27-702 Open Space in Residential Developments.
[Ord. 294, 11/26/2007, § 27-702]
1.
General Open Space. Residential performance subdivisions, cluster developments, and mobile home parks shall meet the open space requirements of this chapter. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the Borough, and shall be noted on all deeds.
2.
Fee-in-Lieu. Upon approval of the Borough Council, a residential developer may have the option of paying to the Borough a fee as established by resolution of Borough Council in lieu of meeting the open space requirements in Parts 4 and 5. This payment shall be used to provide for recreational facilities elsewhere in the Borough which can be utilized by the residents of the developments wherein such fees-in-lieu have been made.
3.
Layout of Open Space. The open space shall be laid out in accordance with the best principles of site design. It is intended that the open space shall be as close to all residents as possible, with greenways leading to major recreation spaces. Major recreation areas shall be located to serve all residents of the development. The open space is most needed in areas of highest density.
4.
Open Space Designation. All land held for open space shall be so designated on the plans. The plans shall contain the following statement: "Open space land may not be separately sold nor shall such land be further developed or subdivided." The subdivision plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used.
A.
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.
B.
Natural Areas. An area of natural vegetation undisturbed during construction, or replanted; such areas may contain pathways. Meadows shall be maintained as such and not left to become weed infested. Maintenance may be minimal but shall prevent the proliferation of weeds and undesirable plants such as poison ivy. Litter, dead trees, and brush shall be removed, and streams shall be kept in free-flowing condition.
C.
Recreation Area. An area designated for a specific recreation use including, but not limited to, tennis, swimming, shuffle board, playfield and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
5.
Open Space Performance Bond. Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with provisions of the Subdivision Ordinance [Chapter 22].
6.
Ownership and Preservation of Open Space.
A.
Any of the following methods may be used to preserve, own or maintain open space: condominium, homeowners association, dedication in fee simple, dedication of easements, or transfer to a private conservation organization. The developer and/or applicant shall first offer the open space to the Borough. If the Borough decides not to accept any portion or portions of the open space, then one of the alternative methods of ownership and preservation shall be selected by the developer and/or applicant. The following specific requirements are associated with each of the various methods:
(1)
Fee-simple Dedication. The Borough may, but shall not be required to, accept any portion or portions of the open space provided: (a) such land shall be freely accessible to the public, (b) there shall be no cost to the Borough involved, (c) the Borough agrees to and has access to maintain such lands, and (d) the open space shall be in an acceptable condition to the municipality at the time of transfer.
(2)
Transfer to a Private Conservation Organization. With permission of the Borough, an owner may transfer either the fee simple title, with appropriate deed restrictions, or easements, to a private non-profit organization whose purpose is to conserve open space land and/or natural resources provided that: (a) the organization is acceptable to the Borough and is a bona fide conservation organization with perpetual existence; (b) the conveyance contains appropriate provision for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions; and (c) a maintenance agreement acceptable to the municipality is entered into by the developer and the organization.
(3)
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. All open space land shall be held as "common element." Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio.
(4)
Homeowners Association. The open space may be held in common ownership by a homeowners association. This method shall be subject to all of the provisions for homeowners associations set forth in Article VII of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10801 et seq.
(5)
Dedication of Easements.
(a)
The Borough or county may accept, but shall not be required to accept, easements to any portion or portions of the open space.
(b)
In such cases, the land remains in the ownership of the individual, condominium, or homeowners association while the easements are held in public ownership. The county shall accept the easements only in accordance with the provisions of Act 442, 32 P.S. § 5001 et seq., and county plans. The Borough may accept such easements as it sees fit. In either case, there shall be no cost to county or Borough for acquisition or maintenance. The Borough may require this method where it seems this is the most appropriate way of preserving land in open space. In performance subdivisions, cluster subdivisions, and mobile home parks, this provision for the ownership and preservation of open space cannot be used, except for open space land incorporated in required buffer yards.
(6)
Deed Restrictions. (1) Buffer yards, as required by this chapter, may be held in the ownership of the individual property owners of residential developments. This form of ownership of open space will be subject to the following requirements: (a) This form of ownership will be limited to buffer yards; (b) It may be used only if approved by the municipality; (c) Restrictions, meeting Borough specifications, must be placed in the deed for each property that has buffer within its boundaries. The restrictions shall provide for the continuance of the buffer yard in accordance with the provisions of this chapter; (d) It will be clearly stated in the individual deeds that the maintenance responsibility lies with the individual property owner. (2) For nonresidential uses, buffer yards and areas of natural resource features may be held with the ownership of the entire parcel, provided the buffer yards and natural features are deed restricted to ensure their protection and continuance. (3) In the case of residential developments where all of the units are rental, the open space land may be in the same ownership as that of the development, provided that the land is deed restricted to ensure its protection and continuance and that a maintenance agreement suitable to the Borough is provided. (4) For any of these options, the Borough may accept, but is not required to accept, an easement to the open space land in the development.
B.
Unless otherwise agreed to by the Borough or county, the cost and responsibility of maintaining open space shall be borne by the property owner, condominium association or homeowners association. If the open space is not properly maintained, the Borough may assume responsibility of maintenance and charge the property owner, condominium association or homeowners association a fee which covers maintenance cost, administrative costs and penalties as stipulated in § 27-1403.
§ 27-703 Required Architectural Design Review.
[Added by Ord. 312, 4/24/2017]
1.
In accordance with Section 605 of the Pennsylvania Municipalities Planning Code (MPC),[1] the PVD Planned Village District and the TC-1 and TC-2 Town Center Districts are declared special areas as major thoroughfares and areas of unique local interest and are hereby designated as areas requiring design review by the Borough.
[1]
Editor's Note: See 53 P.S. § 10605.
2.
No structure or improvements on any land within the aforementioned districts shall be constructed or completed until the plans for the exterior architectural features, signs, lighting, and landscaping have been reviewed and approved by the Borough. Any streetlights along Main Street must be approved by the Borough. Review under this section shall not be required for regular maintenance of a structure, painting, or exterior color changes.
Table 27-703-1 | ||||||
|---|---|---|---|---|---|---|
Determination of Buffer Yard Class1 | ||||||
Existing Adjacent Uses | Low-Density (Uses A1-A5, B1, B2, B4, B7) | High-Density Resi-dential (Uses B3, B5, B6, B8, B10, B12) | Institu-tional (Uses C1-C10, C13-C21) | Com-mercial (Uses D1, D2, D3, D4, D5-D17, D19, D20, D21, D26-D28, F10) | Industrial (Uses D18, D22-D25, E1-E7) | |
Proposed Uses | ||||||
Low-Density Residential (Uses B1, B2, B4, B7, B91) | — | A | A | B | B | |
High-Density Residential (Uses B3, B5, B6, B8, B9, B10, B121) | A | — | A | B | B | |
Institutional (Uses C1-C10, C13-C15, C17-C21) | A | A | — | A | B | |
Commercial (Uses D1, D2, D3, D4, D5-D17, D19, D20, D21, D26-D28, F10) | B | B | A | — | B | |
Industrial (Uses D18, D22-D25, E1-E7) | B | B | B | B | — | |
NOTES: | |
|---|---|
1 | A conversion may fall into either the "low-density residential" or "high-density residential" land use category. |