Middletown Township Bucks
City Zoning Code
City Zoning Code
ARTICLE XXIII
General Regulations
§ 500-2301 Minimum area and dimensional requirements.
An existing lot that complies with the area and dimensional standards of this chapter shall not be reduced in size so that the minimum lot area and/or dimensional requirements of this chapter are no longer met. An existing lot that does not comply with the minimum lot area standards of this chapter shall not be subdivided. A lot that does not comply with the minimum dimensional standards shall not be subdivided so as to further reduce the nonconforming standard or create a new nonconforming condition.
§ 500-2302 Yard requirements.
§ 500-2303 Front yard exceptions.
A.
A front yard of not less than 50 feet shall be provided on all lots abutting an officially designated state highway, subject to Subsection B below.
B.
A proposed building may be constructed nearer to the street than the required minimum front yard depth under the following conditions:
(1)
There shall be existing buildings on the lots on either side of the lot which would contain the proposed building.
(2)
The proposed building would front on the same side of the same street in the same block as the existing buildings on lots on either side.
(3)
The existing buildings on the lots on either side would be no greater than 50 feet from the proposed building.
(4)
The proposed building may be constructed at a front yard depth that is not less than the average of the front yard setbacks of the existing buildings on the lots on either side.
(5)
In no case shall the front yard of the proposed building be less than 20 feet.
§ 500-2304 Projections into yards.
Apparatus needed for the operation of active and passive solar energy systems (including but not limited to overhangs, movable insulating walls and roofs, detached solar collectors, reflectors and piping), ground-story bays, porches and chimney flues may project into required yard areas no more than four feet. Such projections into the required minimum yard areas shall not occupy more than 1/3 the length of the building wall. Cornices and gutters may project no more than two feet over a required yard. Fire escapes may be permitted in accordance with this section in side or rear yards only.
§ 500-2305 Fences.
[Amended 3-23-1999 by Ord. No. 99-03]
A.
Height. The height of fences for residential uses shall be no more than six feet, and the height of fences for nonresidential uses shall be no more than eight feet, except where this chapter or other ordinances, statutes or regulations require a greater height.
B.
C.
Location.
(1)
The distance between the wall of a building and a fence parallel to it shall not be less than five feet.
(3)
In residential or commercial districts, stockade or board-on-board fences shall be located in rear or side yards only. Where a property fronts on more than one street, a fence otherwise satisfying the requirements of this chapter may be erected in the front yard which is not the yard the front of the dwelling faces, provided that it is not located within the required minimum front yard.
(4)
All fences must be located eight feet from the physical cartway or, if there is a sidewalk, eight feet from the inner edge of the sidewalk.
D.
Where required.
(2)
Ponds. Ornamental ponds for residential uses which are man-made and can hold water of 24 inches or greater in depth shall be completely enclosed by a fence at least four feet high and constructed so as to make climbing by children difficult. Ponds used for agricultural, fire protection or municipal purposes shall be exempt from this fence requirement.
(3)
Excavations and quarries. Every quarry, gravel pit and similar permanent excavation which is hazardous to children or to passersby shall be enclosed by a sturdy fence of eight feet in height and constructed so as to make climbing difficult.
§ 500-2306 Exceptions to building height.
[Amended 3-23-1999 by Ord. No. 99-04]
The height of buildings is regulated to prevent loss of life or excessive property damage through the inability of fire equipment to reach upper stories or roofs. Therefore, no building shall exceed the maximum building heights specified in Articles IV through XXI, except church spires, belfries, silos, water towers, solar energy systems, WECS, antennas, television towers, masts, aerials, flagpoles or other structures necessary for providing water, electricity, heat, cooling, radio or similar facilities, provided they are not used for human occupancy and are set back 1.5 times their height (from ground level to the top of the structure) from other buildings or property lines. However, this setback requirement does not apply to a tower or antenna associated with a telecommunications facility.
§ 500-2307 Access.
No dwelling shall hereafter be erected unless there is direct access to it through an open space on the same lot. Such open space shall not be less than 25 feet in width and shall extend from the dwelling to a public street, private street, road or way which has a right-of-way width of not less than 50 feet and which has been offered to the Township for dedication. This access requirement is in addition to, not in place of, the minimum lot width requirement which is measured at the required building setback line.
§ 500-2308 Traffic visibility across corners.
A.
In all districts, no structure, fence, planting or other obstruction shall be maintained between a horizontal plane two feet above curb level and a plane seven feet above curb level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a horizontal clear sight triangle bounded by the two street lines (rights-of-way) and a straight line drawn between points on each such line 25 feet from the intersection of said lines or extension thereof. When one or both streets which form the intersection are classified as collector or arterial highways, the clear sight triangle bounded by the two street lines and a straight line drawn between points on such line shall be 50 feet from the intersection of said lines or extension thereof.
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B.
At each point where a private accessway intersects a public street or road, a clear sight triangle of 10 feet, measured from the point of intersection of the street line and the edge of the accessway, shall be maintained within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
§ 500-2309 Street classifications.
Certain streets of the Township are classified as follows, and those streets and any future extensions thereof shall have a minimum right-of-way as set forth hereinbelow:
B.
Arterials shall have a minimum right-of-way width of 100 feet. The following roads shall be classified as arterials:
C.
Collectors shall have a minimum right-of-way width of 80 feet. The following roads shall be classified as collectors:
(1)
Bridgetown Road.
(2)
Durham Road.
(3)
Hulmeville Road.
(4)
Langhorne-Yardley Road.
(5)
North Flowers Mill Road.
(6)
Old Lincoln Highway (from U.S. 1 Expressway east to West Maple Avenue).
(7)
Oxford Valley Road.
(8)
South Flowers Mill Road.
(9)
West Maple Avenue (from Neshaminy Creek to U.S. 1 Expressway).
(10)
Woodbourne Road.
D.
Primary roads shall have a minimum right-of-way width of 60 feet. The following roads shall be classified as primary roads:
E.
Secondary streets shall have a minimum right-of-way width of 50 feet. Any road which has not been classified above shall be considered a secondary street.
§ 500-2310 Public utility corporation.
This chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if upon petition of the public utility corporation the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of the Pennsylvania Public Utility Commission to ensure that both the public utility corporation and the municipality in which the building or proposed building is located have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
§ 500-2311 Trucks, truck tractors and trailers prohibited.
A. COMBINATIONS REGISTERED GROSS WEIGHT TRAILER TRUCK TRUCK TRACTOR
Definitions. For the purposes of this section, the following words or phrases shall be defined as indicated.
Two or more vehicles physically interconnected in tandem.
The maximum gross weight at which a vehicle or combination is registered in this commonwealth or any other commonwealth or state to operate upon a highway.
A vehicle designed to be towed by a motor vehicle, used or maintained primarily for the transportation of property.
A motor vehicle designed, used or maintained primarily for the transportation of property.
A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load so drawn.
B.
No land, whether public or private, including any street which is zoned primarily for residential use, including, but not limited to, those districts designated RA-1, RA-2, RA-3, R-1, R-2, R-3, A-O and MR, shall be used for the purpose of parking or storing any truck, truck tractor or trailer which has one or more of the following characteristics:
C.
The foregoing regulations of this section shall not apply to vehicles being used for agricultural purposes when the vehicles are located on the premises where the agricultural activity is taking place or vehicles in the process of delivering a product, material or service.
§ 500-2312 Residential conversions.
A residential conversion is the conversion of an existing building into two or more dwelling units. A residential conversion is permitted when authorized by the Zoning Hearing Board as a special exception, subject to the following provisions:
A.
A residential conversion shall only be permitted in the following zoning districts: RA-1, RA-2, RA-3, R-1, R-2, R-3, MR and P Districts.
B.
The minimum lot area per dwelling unit shall not be reduced below the minimum lot area required for single-family detached dwellings for the district in which such lot is located.
C.
The maximum density for the district in which the lot is located shall not be exceeded.
D.
Floor area.
E.
Detached dwellings which are converted must maintain the appearance of a detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may share the single front entrance. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.
F.
Except as may be necessary for purposes of safety in accordance with the preceding subsection, there shall be no major structural change in the exterior of the building in connection with the conversion. After conversion, the building shall retain substantially the same structural appearance it had before such conversion.
G.
Each converted structure shall have a recreation/patio area of at least 200 square feet per dwelling unit. The recreation/patio area shall not be located in the minimum front or side yards.
H.
Separate cooking and sanitary facilities shall be provided for each dwelling unit.
I.
Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.
J.
Parking.
(1)
Two off-street parking spaces shall be provided for dwellings having three bedrooms or less, and three off-street parking spaces shall be provided for dwellings having four bedrooms or more.
(2)
Off-street parking spaces shall be located to the side or rear of the converted structure.
(3)
Off-street parking lots with three or more spaces shall be buffered from abutting residences by hedge material placed on three-foot centers. Alternately, a four-foot to five-foot fence may be erected which provides a visual screen.
§ 500-2313 Exceptions to building coverage and impervious surface ratio.
The maximum building coverage or maximum impervious surface ratio applicable to a lot may be increased by 2% when a WECS or solar energy system is utilized on a lot.
§ 500-2314 Protection and preservation of historic buildings, structures and sites.
[Added 3-23-1999 by Ord. No. 99-03]
A.
Purpose. The purpose of this section is to promote the educational, cultural, economic and general welfare of Middletown Township by:
(1)
Identifying and preserving the distinctive historic, architectural, archaeological and geological characteristics of Middletown Township which represent elements of the Township's cultural, social, economic, political and architectural history.
(2)
Fostering civic pride in the beauty and noble accomplishments of the past as represented in Middletown Township's landmarks and historic sites.
(3)
Conserving and improving the value of property designated as landmarks or historic sites or designated as significant archaeological or geological sites.
(4)
Protecting and enhancing the attractiveness of the Township to home buyers, tourists and visitors and thereby supporting and promoting business, commerce, industry and providing economic benefit to the Township.
(5)
Fostering and encouraging preservation, restoration and rehabilitation of structures, areas, sites and neighborhoods.
B.
Criteria. The Board of Supervisors shall rely upon the recommendations of the Historic Preservation Commission to make a determination as to whether a building, structure or site should be preserved, based upon whether or not the building, structure or site meets one of the following criteria:
(1)
Its character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country.
(2)
Its location as a site of a significant local, county, state or national event.
(3)
Its identification with a person or persons who significantly contributed to the development of the community, county, state or country.
(4)
Its embodiment of distinguishing characteristics of an architectural style valuable of the study of a period, type, method of construction or use of indigenous material.
(5)
Its identification as the work of a master builder, designer architect or landscape architect whose individual work has influenced the development of the community, county, state or country.
(6)
Its embodiment of elements of design, detailing, materials or craftsmanship that render it architecturally significant.
(7)
Its embodiment of design elements that made it structurally or architecturally innovative.
(8)
Its unique location or singular physical characteristics that make it an established or familiar visual effect.
(9)
Its suitability for preservation or restoration.
(10)
Its inclusion in the list of structures identified as historic resources in the Middletown Township Comprehensive Plan.
C.
Identification of buildings, structures and sites. Any application and the accompanying plans submitted to the Township for review for whatever reason shall specifically identify any building, structure or site which meets any of the criteria set forth above in Subsection B(1) through (10), inclusive.
D.
Standards for review. The Township Board of Supervisors shall be guided by the following general standards in the event that the Historic Preservation Commission determines that a building, structure or site meets any of the criteria herein:
(1)
Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure or site and its environment or to use a property for its originally intended purpose.
(2)
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural, archaeological or geological features shall be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged.
(4)
Changes that may have taken place in the course of time or evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship that characterize a building's structure or site shall be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new materials should match the materials being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sand blasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
(9)
Every reasonable effort shall be made to protect and preserve the site of a significant local, county, state or national event.
(10)
Every reasonable effort shall be made to protect and preserve a site which has historical significance, heritage or cultural characteristics embodied within the community, county, state or country.
(11)
Every reasonable effort shall be made to protect and preserve significant geological sites affected by or adjacent to any project.
§ 500-2315 Cellular telecommunications facility.
[Added 3-23-1999 by Ord. No. 99-04]
A cellular telecommunications facility (tower and associated telecommunications equipment building) must meet the requirements listed below:
A.
The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.
B.
An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.
C.
The following buffer plantings shall be located around the perimeter of the security fence:
(1)
An evergreen screen shall be planted that consists of either a hedge, planted three feet on center maximum (four feet high, minimum), or a row of evergreen trees planted 10 feet on center maximum (five feet high, minimum).
(2)
Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
D.
The tower shall be designed and constructed to all applicable standards of the American National Standards Institute Manual, ANSI/EIA-222-E, as amended.
E.
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used.
F.
All plans and drawings for the tower and antenna shall contain a signature and seal of a professional structural engineer.
G.
The tower and antenna shall be designed to withstand wind gusts of at least 100 miles per hour.
H.
An antenna may not be located on a historic building or structure, or within 500 feet of a property containing a hospital, convalescent home, nursing home, personal care facility, school or playground.
I.
When a tower is no longer in use as a telecommunications facility, the owner shall promptly remove the tower within six months. Prior to receipt of a zoning permit for the construction of a tower, the applicant shall provide to the Township financial security sufficient to guarantee the removal of the tower. Said financial security shall remain in place until the tower is removed.
J.
A cellular telecommunications facility is permitted by special exception in the following zoning districts: C, CS, GB, M-1 and OC, subject to the following conditions:
(1)
The applicant shall demonstrate that the tower for the telecommunications facility is the minimum height necessary for the service area. The applicant shall also demonstrate that the facility must be located where it is proposed in order to serve the company's system and service area.
(2)
The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for cellular telecommunications towers.
(3)
The applicant shall demonstrate that the proposed tower complies with all local, state and federal laws and regulations concerning aviation safety.
(4)
The need for additional buffer yard or other camouflage treatment (such as camouflaging the tower to look like a tree) to help the proposed tower blend in with the surrounding neighborhood shall be evaluated and implemented where required by the Zoning Hearing Board.
(5)
Where the telecommunications facility is proposed to be located on a property with a principal use, the applicant shall present documentation that the owner of the property has either granted an easement or has entered into a legal agreement for the proposed facility and for vehicular access to the facility.
K.
A cellular telecommunications facility is permitted in any of the following arrangements:
(1)
Sole use on a lot. A cellular telecommunications facility is permitted as the principal and sole use on a lot, subject to the following:
(a)
Minimum lot size: minimum lot size required for applicable zoning district.
(b)
Minimum yard requirements: minimum setbacks for the district.
(c)
Maximum height: tower, 150 feet; equipment building, maximum building height permitted for the applicable district.
(d)
Buffer yard. Along any adjacent land zoned for or in residential use, a yard shall be provided which shall be not less than the height of the tower in width, measured from the property line or the street line. A planted buffer yard shall be provided in accordance with the provisions of § 500-2605.
(2)
Combined with another use. A cellular telecommunications facility is permitted as an accessory use on a property with an existing principal use, subject to the following conditions:
(a)
The existing use on the property may be any permitted use in the district or any lawful nonconforming use and need not be affiliated with the cellular telecommunications provider.
(b)
The cellular telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
(c)
Minimum lot area. The minimum lot area shall be the area needed to accommodate the tower (guy wires, if used), the equipment building, security fence and buffer planting. If the title to the land on which the cellular telecommunications facility is located is conveyed to the owner of the facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the applicable zoning district.
(d)
Minimum setbacks. The tower and telecommunications equipment building shall comply with the minimum setback requirements for the host lot.
(e)
Maximum height. Tower, 150 feet; equipment building, maximum building height permitted for the applicable district.
(f)
Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(g)
Buffer yard. Along any adjacent land zoned for or in residential use, a yard shall be provided which shall be not less than the height of the tower in width, measured from the property line or the street line. A planted buffer yard shall also be provided in accordance with the provisions of § 500-2605.
(3)
Combined with an existing structure. An antenna for a cellular telecommunications facility shall be permitted as an accessory use when attached to an existing structure or building, subject to the following conditions:
(a)
Maximum height: 50 feet above the existing building or structure.
(b)
If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the following:
[1]
The building shall comply with the minimum setback requirements for the subject zoning district.
[2]
An eight-foot-high security fences shall surround the building.
[4]
Vehicular access to the building shall not interfere with the parking or vehicular circulation on the site for the principal use.
(c)
Elevations of existing and proposed structures, showing width, depth and height; engineering data about the antenna and support structure, such as antenna size and weight and load-bearing capacity of support structure, shall be presented.
(d)
Buffer yard. Along any adjacent land zoned for or in residential use, a yard shall be provided which shall be not less than the height of the tower in width, measured from the property line or the street line. A planted buffer yard shall be provided in accordance with the provisions of § 500-2605.
L.
A cellular telecommunications facility is not permitted in any residential district. However, notwithstanding any other provision of this chapter, a cellular telecommunications facility shall be a permitted use on all property owned by Middletown Township, without regard to the underlying zoning classification of such property, provided that each such facility meets the provisions of Subsection K above.
§ 500-2316 Retail store.
[Added 5-20-2008 by Ord. No. 08-05; amended 12-17-2012 by Ord. No. 12-06]
A retail store, as defined in this chapter, shall, where permitted, be subject to the following conditions:
A.
One off-street parking space shall be provided for every 200 square feet of gross floor area used or intended to be used for servicing customers and/or patrons of a retail store. When applied to a retail store, "gross floor area" shall include outdoor retail areas and shall be measured in the aggregate for any and all buildings or contiguous groups of buildings of the same single ownership or trading under the same single name. Where other sections or provisions of this chapter and/or of the Middletown Township Subdivision and Land Development Ordinance, Chapter 440 of the Township Code, may require a greater number of off-street parking spaces for a retail store use, that section or provision of this chapter and/or of Chapter 440, Subdivision and Land Development, shall apply.
B.
Retail stores with a gross floor area of more than 20,000 square feet shall meet the following additional requirements:
(1)
The use shall be located on an arterial road.
(2)
Buildings shall be designed to reflect and enhance the visual, historic and cultural character of Middletown Township. Exterior building materials shall be brick, wood, stone, tile or other high quality materials. No concrete block or tilt-up concrete walls shall be permitted. There shall be no uninterrupted lengths of blank wall longer than 100 feet. Walls shall be differentiated with recesses, windows, facade details, and changes in color and/or building materials. All sides of a building shall be architecturally consistent with the front facade, and all building faces visible from any street or abutting property shall have the same architectural features and style as the front facade.
(3)
The use shall include a public amenity, such as an outdoor plaza, patio seating area, water feature, clock tower, or other similar amenity that will enhance the overall character of the area and provide for additional public benefit to pedestrian traffic. The scale of the public amenities shall be in proportion to the size of the proposed retail store and shall not be less than one square foot of public amenity for every 25 square feet of proposed retail store development.
(4)
Loading docks shall be shielded from view and shall not be visible from adjacent residential districts or from public streets.
(5)
Outdoor refuse collection stations shall be provided for garbage and trash removal when indoor refuse storage is not provided. The stations shall be located to the rear of the structure and shall be screened from view and landscaped in accordance with the applicable provisions and requirements of Chapter 440, Subdivision and Land Development, of the Township Code.
(6)
Tractor-trailers, cargo boxes, or other vehicles or structures meant to be transportable shall not be permitted to be used as accessory buildings or structures for storage. Any such vehicles shall be loaded or unloaded within 48 hours and shall not remain on the property or premises beyond the forty-eight-hour period permitted hereunder.
(7)
The use shall be designed to safely accommodate pedestrian and vehicular traffic. Pedestrian circulation shall be provided throughout the site, and pedestrian connections shall be provided to adjacent sidewalks.
(8)
The plan shall provide for shopping cart corrals if shopping carts are to be utilized in the retail store. Cart corrals shall be provided in addition to the required parking spaces.
C.
The terms, conditions and provisions set forth hereinabove shall be deemed "use requirements" and not "dimensional requirements" for purposes of any request for variance from the terms, conditions or provisions of this section. The Township hereby declares its intention that these provisions are incident to any permitted use of and/or for such retail stores under this chapter, and that all such regulations should therefore be deemed to be, and treated as, regulations restricting the use and not mere dimensional requirements relating to the use.