Morrisville City Zoning Code
ARTICLE IV
Land Use Regulations
§ 465-12 Applicability of regulations.
Unless otherwise provided by law or in this chapter, no building or structure shall be constructed, erected or extended and no building, structure or land shall be used or occupied except for the purposes permitted in this article.
§ 465-13 Land uses by right and special exception.
[Amended 11-18-2002 by Ord. No. 924]
A.
A land use listed in Table 465-17[1] is permitted by right in any district under which it is denoted by the letter "Y," subject to such requirements as may be specified in § 465-17.
[1]
Editor's Note: Table 465-17 is included at the end of this chapter.
B.
A land use listed in Table 465-17 is not permitted in any district under which it is denoted by the letter "N."
C.
A land use listed in Table 465-17 may be permitted in any district under which it is denoted by the letters "SE," if the Zoning Hearing Board so determines and issues a special exception as provided in Article X, subject to such requirements as may be specified in § 465-17 and Article X and such further restrictions as said Board may establish.[2]
[2]
Editor's Note: Original Subsection 4, which immediately followed this subsection, was repealed 11-18-2002 by Ord. No. 924.
§ 465-14 Land uses subject to other regulations.
[Amended 11-18-2002 by Ord. No. 924]
Land uses permitted by right or special exception shall be subject, in addition to these land use regulations, to such additional regulations of yard, lot size, lot width, floor area ratio, height, provisions for off-street parking and loading and to such other provisions as are specified in other articles contained herein.[1]
[1]
Editor's Note: Original Section 403, Preexisting special exception land uses, which immediately followed this section, was repealed 11-18-2002 by Ord. No. 924.
§ 465-15 General performance standards.
[Amended 3-14-1984 by Ord. No. 788; 8-18-1986 by Ord. No. 816; 4-14-1987 by Ord. No. 823; 6-8-1993 by Ord. No. 864]
All land uses and activities established after the effective date of this chapter shall comply with the following standards:
A.
Noise and vibration.
(1)
General. It is the intention of these provisions to protect the public health and welfare by limiting excessive noise and vibrations caused by human activities. These provisions apply to the control of all noise and vibration originating or occurring within the Borough of Morrisville. Test equipment methods and procedures shall conform to the standards established by the American National Standards Institute.
(2)
Administration. Land uses generating noise or vibrations which exceed the standards contained herein shall be deemed to be in violation of this chapter. The Zoning Officer shall administer these regulations by enforcing the standards, investigating complaints and making recommendations to the Borough Council.
(3)
Maximum permissible noise levels.
Zoning District | Time | Noise Level Limit (dBA) | |
|---|---|---|---|
R-1, R-2, R-2A, R-3, R-4, NPEH | 7:01 a.m. — 10:00 p.m. | 60 | |
10:01 p.m. — 7:00 a.m. plus Sundays and legal Holidays | 50 | ||
C-2, C-3, P-1 | 7:01 a.m. — 10:00 p.m. | 65 | |
10:01 p.m. — 7:00 a.m. plus Sundays and legal Holidays | 60 | ||
C-1, L-I, I | At all times | 70 |
(4)
Exceptions. Emergency alerting devices, utilitarian work involving public health or safety, normal residential activities, motor vehicle operation, agricultural operations, public celebrations, railroads and unamplified human voice are hereby exempted from these standards.
B.
Smoke. No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 on the Ringlemann Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringlemann Chart may be emitted for not more than four minutes in any thirty-minute period.
C.
Dust, fumes, vapors and gases.
(1)
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.
(2)
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in stack at full load.
D.
Heat. No land use shall produce heat perceptible beyond its lot lines.
E.
Odor. No land use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), Research on Chemical Odors: Part I — Odor Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
F.
Glare. No land use shall produce a strong dazzling light or reflection of a strong dazzling light beyond its lot lines.
G.
Vibration. No land use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments with the exception of the vibration produced as a result of construction activity. (See also § 465-15A).
H.
Soil erosion and sedimentation. All developments shall protect rivers, streams, lakes and ponds from sedimentation damage and shall control erosion in accordance with the Clean Streams Law, P.L. 1987, Chapter 102, except that all developments shall submit to the Borough an erosion and sediment control plan as part of the preliminary land development plan even where they are less than 25 acres in extent. This provision shall not apply to developments of less than two acres in the R-1 zone and one acre in all other zones.
I.
Stormwater. All developments shall limit the rate of stormwater runoff to that amount which can be accommodated by the local storm sewer system. The developer or owner of each site shall prepare an estimate of the rate of runoff from the site and the capacity of the storm sewer system. It shall be the Borough's option to request an opinion from the Borough Engineer or other consultant (at the developer's expense) regarding the ability of the local storm system to handle the runoff from a particular land development.
(1)
No runoff shall be permitted beyond the property lines in amounts exceeding the natural runoff from the site.
(2)
Where storm sewers are unavailable or inadequate, it shall be the developer's option to improve the storm sewer system or install retention basins or other means approved by the U.S. Department of Agriculture, Soil Conservation Service to restrain runoff. Such facilities shall be designed for the ten- , twenty- , fifty- and one-hundred-year storms.
(3)
All runoff calculations shall be based on one-hundred-year, twenty-four-hour storms. The method for such calculations shall be that contained in United States Department of Agriculture, Soil Conservation Service, "Engineering Field Manual," Notice #4 of April 30, 1971, as amended.
J.
Environmental performance standards. For all developments, the developer shall determine the presence of environmental or natural features on the site and shall meet the following standards of environmental protection. Site alterations, regrading, filling or clearing of vegetation prior to submission of the plans for development shall be a violation of this chapter.
[Amended 10-18-2004 by Ord. No. 943]
(1)
The owner or developer of each site shall prepare a plan which identifies the natural features which are listed as requiring protection under this section. The plan shall show the location of all natural features, the portions which are to remain open and the percentage reduction this will cause in the buildable site area.
(2)
Where a site or sites within any development contain specific areas where two or more environmental or natural features overlap, within those overlapping areas the feature with the least allowable disturbance shall apply.
(3)
The natural features which must be identified and protected are listed below.
(b)
Open waterways. No open waterways shall be developed or filled without the approval of the Pennsylvania Department of Environmental Resources.
(c)
Steep slopes. The following standards shall apply:
[1]
Eight to 15%: no more than 50% of such areas shall be developed and/or regraded or stripped of vegetation.
[2]
Fifteen to 25%: no more than 30% of such areas shall be developed and/or regraded or stripped of vegetation.
[3]
Twenty-five percent or more: no more than 15% of such areas shall be developed and/or regraded or stripped of vegetation.
[4]
The provisions of this section shall apply to all cut and fill operations on slopes greater than 8%.
K.
Storage and waste disposal.
(1)
Aboveground tanks or drums for highly flammable or explosive liquids, solids or gases shall be located no closer than 25 feet to any building or lot line.
(2)
All outdoor storage of fuel, raw materials, and products shall be enclosed by an approved safety fence at least six feet in height.
(3)
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(4)
All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.[1]
(5)
See also § 465-17G(4) and I(9).
L.
Landscaping, buffering and screening.
[Added 10-18-2004 by Ord. No. 943]
(1)
General regulations.
(a)
Any part or portion of a site which is not used for buildings, other structures, loading and parking spaces, driveways and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped. Maximum advantage shall be taken of existing trees and shrubs in landscaping.
(b)
All landscaped planting areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass; provided, however, that if such area is part of a naturally wooded area on the property that will remain at least 20-feet wide after the proposed land development is completed, it may continue in its natural state. Shrubs, trees and flowering perennial plants in mulched planting beds shall occupy a minimum of 50% of the square footage of the landscaped planting area.
(c)
Unless otherside specified, landscaped planting areas may be part of the required front, side and rear yards.
(d)
Landscaped planting areas required herein are in addition to any buffer yards required.
(e)
All water towers, storage tanks, cooling towers, vents or any other structures which rise above roof lines, as well as mechanical equipment, shall be architecturally compatible with adjacent neighborhood or effectively screened from view from any public street or sidewalk by the architecturally sound method.
(f)
Landscaping and screening of parking and loading areas:
[1]
Except in the C-1 Central Commercial District, there shall be a landscaped planting area of not less than six feet wide between the street line and any off-street parking area with 10 or more spaces or any loading areas.
[2]
Not less than 5% of the interior of each off-street parking area which provides 20 or more parking spaces shall be landscaped. Each such parking area shall have no less than one shade tree within a minimum 2 1/2 inch caliper for every 10 parking spaces.
[3]
The types of plant materials to be used shall be subject to the review of the Planning Commission.
[4]
Any parking area with facilities for 10 or more motor vehicles, or loading area, that abuts a residential district shall be effectively screened from the adjacent residential property by means of plantings, wall or fence which shall be not less than five feet high.
[5]
All parking spaces, driveways and drive isles shall be located no closer than five feet from any property line.
(g)
Plant materials in landscaped planting areas that are not alive must be replaced within one month unless an extension is granted by the Zoning Officer to allow for replanting during the appropriate season of the year. All fences and walls incorporated into landscaped planting areas shall be maintained to provide the required screening.
(2)
Specific regulations. Landscaping and screening requirements shall be as required by Subsection L(1) above, and as indicated below:
(a)
Dwelling or building type requirements:
[1]
Multifamily building with four or more units per building: landscaped planting area five feet wide, adjacent to front of principal building.
[2]
Multiplex dwelling or townhouse: landscaped planting area five feet wide, adjacent to front of principal building.
[3]
Professional district. Nonresidential building: landscaped planting area five feet wide, adjacent to front of principal building.
[4]
Commercial districts. Nonresidential building: except in the C-1 Central Commercial District, there shall be a landscaped planting area five feet wide, around perimeter of principal building.
M.
Buffer yards.
(1)
Buffer yards shall be required in the following cases:
(a)
Where side or rear lot lines of uses in the C-1, C-2, L-I and I Districts abut an R-1, R-2, R-2A, R-3 or R-4 District or residential district in another municipality.
(c)
Along all site boundaries of garden apartments, midrise apartments, performance developments and adult-oriented establishments.
[Amended 2-16-1999 by Ord. No. 899]
(2)
Buffer yards shall not be less than 10 feet in width in any district where office, commercial, automotive, utilities, communications, transportation and industrial land uses abut existing residential property except when a larger width is specified in § 465-17, Land use regulations, in which case the larger width will be required. Buffer yards may be coterminous with required side and rear yards.
(3)
Buffer yards shall be permanently maintained and kept free of all debris, rubbish, weeds and tall grass; provided, however, that if such area is part of a naturally wooded area on the property that will remain at least 20-feet wide after the proposed land development is completed, it may continue in its natural state. No structure, activity, storage of materials, or parking of vehicles shall be permitted in buffer yards. All plant materials used as a screen or barrier in a buffer yard shall be a minimum height of five feet. Plant materials in buffer yards and that are not alive must be replaced within one month unless an extension is granted by the Zoning Officer to allow for replanting during the appropriate season of the year.
[Amended 10-18-2004 by Ord. No. 943[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection (M)(4), which immediately followed this subsection.
N.
Floodplain standards.
(1)
Statement of intent. It is the intent of the Borough of Morrisville to regulate the use of land within the floodplains of Morrisville Borough to protect life, limb and property from the ravages of flood and similarly to participate in the Flood Insurance Program, as administered by the Federal Insurance Administration, Department of Housing and Urban Development, so that residents who live near floodplain areas will have insurance available to them.
(2)
Nature of the floodplain. The floodplain has been determined by an engineering study which considered the effects of storms of varying intensities and durations, the topography of the land and the runoff characteristics of the region. Because natural changes to topography and man-made changes to runoff characteristics are constantly changing the floodplains of Morrisville, some interpretation of floodplain boundaries will be necessary and acceptable. See §§ 465-10 and 465-11. Although it is the intention of the Borough to be reasonable in the administration of these regulations, it is the nature of zoning to be definitive and exact. To ease the effects of this contradiction:
(a)
The Flood District, which includes the Floodway Zone and the Flood Fringe Zone, is an overlay which supersedes the rights granted in the underlying district. See § 465-9.
(b)
The engineering data which accompanies the floodplain maps shall be deemed as significant as the maps. If a landowner engages a registered engineer or surveyor who prepares a topographic survey which is different from the floodplain map, that topographic survey may be considered as an interpretation of the flood study engineering data.
(3)
The following land uses and activities are strictly prohibited in the Floodway Zone in accordance with the rules and regulations adopted by the Department of Housing and Urban Development, Title 24, Chapter X, Subchapter B:
(a)
Encroachments, including fill, new construction, substantial improvements and other development within the Floodway Zone that would result in any increase in flood levels during the one-hundred-year flood are prohibited.
(b)
The placement of any mobile home in the Floodway Zone is prohibited. A mobile home shall be defined as a transportable single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term does not include recreational vehicles or travel trailers.
(4)
Activities which are noted in Table 465-17[3] as special exceptions (SE) will be considered under the rules of the Zoning Hearing Board only if they exist in the underlying district and provided they are not prohibited by any other ordinance.
[3]
Editor's Note: Table 465-17 is included at the end of this chapter.
(5)
Activities which are noted in Table 465-17 as permitted (Y) are considered such only if they meet all the criteria of this and other Borough ordinances.
(6)
Development in the Flood Fringe Zone shall meet the following conditions and criteria:
(a)
The lowest habitable floor, including basement, on all new residential buildings and structures, and all additions to existing residential buildings and structures shall be raised one foot above the level of the one-hundred-year flood.
(b)
Fill materials shall consist of soil or rock material only; sanitary landfills shall not be permitted.
(c)
All nonresidential buildings, structures and material storage areas shall be either elevated in accordance with Subsection N(6)(a), above, or together with attendant utility and sanitary facilities, be designed so that building elevations below the one-hundred-year flood level are floodproofed in accordance with the W1 or W2 classifications of the Morrisville Borough Building Code of 1977, as amended. In addition, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated certification indicating the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be submitted with the application for a building permit.
(8)
Administration activities unique to the Flood District are noted in §§ 465-68D and E.
O.
Tree protection zone. Open space ratio equals 100% restriction. No land within the tree protection zone shall be altered, regraded, compacted or built upon, or used for storage or parking of vehicles during land development construction.
[Amended 10-18-2004 by Ord. No. 943]
§ 465-16 Open space standards.
Where open space is required as a part of any land use it shall be designed, maintained and administered in accordance with the provisions of this section. The open space plan shall be construed as a contract between the landowner(s) and the Borough, and shall be noted on all deeds.
A.
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 be as close to all residences as possible, with green ways leading to major recreation spaces. Major recreation areas shall be located to serve all residents. The open space is most needed in areas of highest density.
B.
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 provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used:
(1)
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 insure a neat and tidy appearance.
(2)
Natural area. An area of natural vegetation undisturbed during construction or replanted; such area 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 honeysuckle and poison ivy. Litter, dead trees and brush shall be removed, and stream shall be kept in free-flowing condition.
(3)
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.
C.
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 shall be required to cover the costs of installation in accordance with provisions of provisions of Chapter 390, Subdivision and Land Development.
D.
Ownership and preservation of open space. Several methods may be used to preserve, own, or maintain open space. The following specific requirements are associated with four of the most common methods.
(1)
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Unit Property Act of 1963. 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 amount of open space.
(2)
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 Act 247, Pennsylvania Municipalities Planning Code.
(3)
Fee-simple dedication. The Borough may, but shall not be required to, accept any portions of the open space, provided: (i) such land is freely accessible to the public, (ii) there is no cost involved, and (iii) the Borough agrees to and has access to maintain such lands.
(4)
Dedication of development rights. The Borough or County may accept, but shall not be required to accept, title to the development rights or easements to any portion or portions of the open space. In such cases, the land remains in the ownership of the individual, condominium, or homeowners association while the development rights are held in public ownership. The County shall accept ownership only in accordance with the provisions of Act 442 and County plans. The Borough may accept such lands as it sees fit. In either case, there shall be no cost to the County or the Borough for acquisition or maintenance. The Borough may require this method where it deems this the most appropriate way of maintaining land in open space, particularly in single-family cluster developments.
§ 465-17 Land use regulations.
[Amended 7-19-1982 by Ord. No. 774; 3-14-1984 by Ord. No. 788; 7-11-1985 by Ord. No. 801; 8-19-1986 by Ord. No. 816; 4-14-1987 by Ord. No. 823; 6-10-1997 by Ord. No. 885]
A.
Residential land uses.
(1)
(A1) Single-family detached dwelling. A dwelling designed for and used for occupancy exclusively by one family having only one dwelling unit from ground to roof and having independent outside access and open space on all sides.
(a)
Dimensional standards for permitted housing types shall:
(2)
(A2) Cluster development. A planned development of single-family detached, two-family detached or duplex dwellings on lots with modified dimensional requirements.
"Performance developments." |
(a)
Minimum density, open space and impervious surface standards shall be no less than the standards found in Table 465-18, Table of Dimensional Requirements.[1]
[1]
Editor's Note: Table 465-18 is included at the end of this chapter.
(3)
(A3) Two-family detached dwelling. A dwelling having two dwelling units with one dwelling located above the other, independent outside access, and open space on all sides.
(4)
(A4) Duplex or twin dwelling. A dwelling having two dwelling units arranged side-by-side with only one dwelling unit from ground to roof, independent outside access, and any portion of only one wall in common with an adjoining dwelling.
(5)
(A5) Performance development. A development which permits a variety of housing types subject to a series of performance standards. The performance development requires the provision of open space and limits the density and impervious surfaces. See Table 465-18[2].
(a)
Yards. The yard requirements found in Subsection F of this section shall be applied to the individual lots proposed in the performance development. Buffer yards shall be required around all the boundaries of a performance development site, in accordance with § 465-15M, and shall be considered as part of the minimum open space requirement.
(b)
Streets. All access streets shall have minimum rights-of-way of 50 feet.
(c)
An amount of land shall be set aside as permanent usable open space and shall:
[1]
Be suitable for use as a park, playground, pedestrian accessway, or other similar public purpose, or because of its topography, vegetation, or other natural character be left open with no particular use assigned to it.
(e)
Dwelling unit mix.
Number of DU's in Development | Minimum No. of DU Types | Maximum % any Type | Minimum % any Type | |
|---|---|---|---|---|
30 or less | 1 | 100 | 20 | |
31 or more | 2 | 60 | 15 |
(f)
Dimensional standards. The following housing types are permitted subject to Article V, the above-stated performance standards, and the dimensional requirements as indicated.
[Amended 11-18-2002 by Ord. No. 924]
[1]
Single-family detached dwelling.
[a]
A dwelling designed for and used for occupancy exclusively for one family, having only one dwelling unit from ground to roof and having independent outside access and open space on all sides.
[2]
Single-family detached; lot line.
[a]
A single-family detached dwelling on an individual lot; the building is set on one side of the side property line. A maintenance easement on the adjoining lots is part of the requirement for this type of construction. Windows on the lot line side of a dwelling are not permitted.
[b]
Requirements:
[3]
Duplex dwelling.
[a]
A duplex is a dwelling having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.
[b]
Table of dimensional requirements.
Minimum Lot Area/DU (square feet) | Average Lot Area/DU (square feet) | Off-Street Parking (spaces/unit) | Minimum Lot Width at Building Setback (feet) | |
|---|---|---|---|---|
1 bedroom | 3,200 | 3,600 | 1.75 | 36 |
2 bedroom | 3,600 | 4,000 | 2.00 | 40 |
3 bedroom | 4,000 | 4,500 | 2.00 | 40 |
4 bedroom | 4,200 | 4,700 | 2.25 | 45 |
5 bedroom | 4,500 | 5,000 | 2.50 | 45 |
NOTES: | |
|---|---|
General: | |
Building setback line: 20 feet. | |
Minimum side yard: 10 feet. | |
Minimum rear yard: 20 feet. | |
[4]
Multiplex dwelling.
[a]
The multiplex dwelling may be a variation of the duplex dwelling, townhouse or garden apartment that meets the following criteria. In general, all units have independent outside access; but this is not necessary. Units may be arranged in a variety of configurations: side by side or back to back. The essential feature is the small number of units attached. No more than five units shall be attached in any group, and groups shall average four units per structure. Multiplex dwelling units shall not exceed two stories in height.
[b]
Table of dimensional requirements.
Min. Lot Area Per DU (square feet) | Avg. Lot Area Per DU (square feet) | Off-Street Parking Spaces (per DU) | |
|---|---|---|---|
1 bedroom | 1,500 | 1,700 | 1.75 |
2 bedroom | 2,200 | 2,400 | 2.00 |
3 bedroom | 2,500 | 2,800 | 2.00 |
4 bedroom | 2,700 | 3,000 | 2.25 |
NOTES: | ||
|---|---|---|
General: | ||
Minimum building setback lines: | ||
Street: 20 feet. | ||
Parking area: 20 feet. | ||
Minimum building spacing: 24 feet. | ||
[5]
Townhouse.
[a]
The townhouse is a dwelling with one dwelling unit from ground to roof, having individual outside access. Rows of townhouses shall average seven dwelling units per building with no more than eight dwelling units per building in any one row. A townhouse may have common walls with two other dwelling units.
[b]
Table of dimensional requirements.
Min. Lot Area/DU (square feet) | Avg. Lot Area/DU (square feet) | Off-Street Parking Spaces | Min. Lot Width (feet) | |
|---|---|---|---|---|
1 bedroom | 1,500 | 1,600 | 1.75 | 18 |
2 bedroom | 1,700 | 1,800 | 2.00 | 20 |
3 bedroom | 1,900 | 2,000 | 2.00 | 22 |
4 bedroom | 2,000 | 2,200 | 2.25 | 24 |
5 bedroom | 2,200 | 2,400 | 2.50 | 26 |
NOTES: | ||
|---|---|---|
General: | ||
Minimum building setback lines: | ||
Street: 20 feet. | ||
Parking area: 20 feet. | ||
Pedestrian walk: 15 feet. | ||
Minimum building spacing: 30 feet. | ||
[c]
Rows of townhouse dwelling units shall not be permitted with one common roof line or with equal front yard setbacks for all dwelling units. Similarly, the appearance of the front of the buildings shall have a distinction between dwelling units by varying the height or width of the unit, providing different exterior materials on the facade, or changing the roof lines. Setbacks shall vary from one dwelling unit to the next so that each is offset from the adjoining unit by a minimum of two feet.
[6]
Two-family detached dwelling.
[a]
A two-family detached dwelling is a dwelling unit having a common floor or ceiling with another dwelling, having independent outside access and open space on all sides.
[b]
Table of dimensional requirements.
Min. Lot Area (square feet) | Avg. Lot Area/DU (square feet) | Off-Street Parking (spaces/unit) | Minimum Lot Width At Building Setback (feet) | |
|---|---|---|---|---|
1 bedroom | 6,400 | 3,600 | 1.75 | 36 |
2 bedroom | 7,200 | 4,000 | 2.00 | 40 |
3 bedroom | 8,000 | 4,500 | 2.00 | 40 |
4 bedroom | 8,400 | 4,700 | 2.25 | 45 |
5 bedroom | 9,000 | 5,000 | 2.50 | 45 |
NOTES: | |
|---|---|
General: | |
Building setback line: 20 feet. | |
Minimum side yard: 10 feet. | |
Minimum rear yard: 50 feet. | |
[7]
Patio house.
[a]
The patio house is a dwelling with one dwelling unit from ground to roof, having individual outside access. The lot shall be fully enclosed by a wall at least seven feet high. All living spaces, i.e., living rooms, den, and bedrooms, shall open onto a major open area or patio. A patio house may have one wall in common with one other dwelling unit. A two-car garage measuring no more than 10 feet high may occupy the front yard.
[b]
Table of dimensional requirements.
Minimum Lot Area/DU (square feet) | Avg. Lot Area/DU (square feet) | Off-Street Parking Spaces | Min. Lot Width (feet) | |
|---|---|---|---|---|
1 bedroom | 2,800 | 3,000 | 1.75 | 40 |
2 bedroom | 3,400 | 3,600 | 2.00 | 40 |
3 bedroom | 3,800 | 4,000 | 2.00 | 40 |
4 bedroom | 4,000 | 4,200 | 2.25 | 45 |
5 bedroom | 4,200 | 4,500 | 2.50 | 45 |
NOTES: | |
|---|---|
General: | |
Maximum impervious surface ratio (on lot): 0.50%. | |
Minimum patio area ratio (to lot area): 0.50%. | |
Maximum height: 24 feet. | |
Minimum patio dimension: 20 feet. | |
Minimum building spacing: 20 feet. | |
Minimum building setback: 20 feet. | |
[8]
Atrium house.
[a]
The atrium house is a one story high dwelling with individual outside access. The lot shall be fully enclosed by a wall at least seven feet high. A private yard, herein called an atrium, shall be included on each lot. All living spaces, i.e., living rooms, den and bedrooms, shall open onto the atrium. The atrium house may have common walls with two other dwelling units. Rows of atrium dwelling units shall average seven dwelling units per building with no more than eight dwelling units per building. A two-car garage measuring no more than 10 feet high may occupy the front yard.
[b]
Table of dimensional requirements.
Min. Lot Area/DU (square feet) | Avg. Lot Area/DU (square feet) | Off-Street Parking Spaces | Min. Lot Width (feet) | |
|---|---|---|---|---|
1 bedroom | 1,200 | 1,375 | 1.75 | 35 |
2 bedroom | 1,700 | 1,850 | 2.00 | 35 |
3 bedroom | 1,950 | 2,100 | 2.00 | 40 |
4 bedroom | 2,150 | 2,300 | 2.25 | 40 |
5 bedroom | 2,300 | 2,500 | 2.50 | 40 |
NOTES: | |
|---|---|
General: | |
Maximum impervious surface ration (on lot): 0.65%. | |
Minimum atrium area ratio (to lot area): 0.35%. | |
Maximum height: 12 feet. | |
Minimum atrium dimension: 16 feet. | |
Minimum building spacing: 30 feet. | |
Minimum building setback: 20 feet. | |
[2]
Editor's Note: Table 465-18 is included at the end of this chapter.
(6)
(A6) Garden apartment. A multifamily dwelling having three or more units and having not more than three stories.
(a)
Buffer yards. Buffer yards shall be required around all the boundaries of a site for garden apartments. The minimum buffer yard for a garden apartment is 20 feet. The buffer yard shall meet all the requirements of § 465-15M.
(b)
Building design standards. Maximum building size shall be restricted to no more than 24 family units in any one continuous structure, and there shall not be more than 12 family units in any unbroken apartment structure line. A setback of more than 10 feet shall be considered as an acceptable break in the apartment structure line. No more than three floors or levels may be used for dwelling units or living quarters in any building.
(c)
Building orientation. The minimum horizontal distance between facing walls of any two buildings on one lot or any one building with facing walls shall be as follows:
[1]
Where both facing walls contain windows there shall be three feet of horizontal distance for each one foot of average height of the facing wall of the building with the greatest height, but in no case less than 60 feet.
[2]
In all other cases there shall be one foot of horizontal distance for each one foot of average height of the facing wall of the building with the greatest height, but in no case less than 25 feet.
(d)
Off-street parking design requirements.
[1]
All off-street parking lots and their access drives shall be at least 20 feet from any principal building on the lot.
[2]
No one area for off-street parking of motor vehicles shall exceed 20 automobiles in capacity. Separate parking areas on a lot shall be physically separated from one another by ten-foot planting strips. The provisions of § 465-17A(6)(d)[1] and [2] shall not apply if off-street parking is provided within the principal buildings or underground.
[3]
Ingress and egress to an off-street parking lot shall be taken only from a primary access street collector road or arterial highway as designated on the enclosed street classification map. Where an apartment building is located on the corner of two streets of different classification, ingress and egress shall be taken not less than 80 feet from the property line corner, measured from the centerline of the driveway entrance and always from the street of lower classification. This provision shall apply even if the street of lower classification is not a primary access street, collector road or arterial; provided, that the other street is a primary access street, collector road or arterial highway.
[4]
The Borough Council may require ingress and egress on a second street if this will contribute to safety or lessen congestion.
[5]
Maximum densities found in Table 465-18[3] may be increased 10% if not less than 50% of the required off-street parking is provided within the principal buildings, underground or in a parking structure.
[3]
Editor's Note: Table 465-18 is included at the end of this chapter.
(7)
(A7) Midrise apartment. A multifamily dwelling of four or more stories, containing 12 or more dwelling units, not having party walls forming a complete separation between individual dwellings but having a single common entrance and hallway system and provided with an elevator. Such multiple dwellings shall be subject to the following provisions:
(a)
Buffer yards. Buffer yards shall be required around all the boundaries of a site for midrise apartments. The minimum buffer yard for midrise apartments is 25 feet. The buffer yard shall meet all the requirements of § 465-15M.
(b)
Building orientation. The provisions of § 465-17A(6)(c) shall apply to midrise apartments.
(c)
Off-Street parking design requirements. The provisions of § 465-17A(6)(d) shall apply to all midrise apartments.
(8)
(A8) Senior citizens housing. A multifamily dwelling of more than three stories which is designed and used for Federally assisted or State assisted housing for the elderly as defined in national housing legislation, the Pennsylvania Housing Finance Agency Law or similar Federal or State statutes, or for other subsidized housing for the elderly sponsored by a nonprofit organization.
(a)
Buffer yards. Buffer yards shall be required around all the boundaries of a site for senior citizens housing. The minimum buffer yard for senior citizens housing is 25 feet. The buffer yard shall meet all the requirements of § 465-15M.
(b)
Building orientation. The provisions of § 465-17A(6)(c) shall apply to all senior citizens housing.
(c)
Off-street parking design requirements. In order to prevent the establishment of a greater number of parking spaces than are actually required, the Borough Council, after consulting with the Borough Planning Commission and Borough Engineer, may permit a deferment of parking requirements if the following conditions are satisfied:
[1]
The design of the parking lot must provide for the full requirement of one parking space for every two dwelling units.
[2]
The Borough Council may agree to defer construction of 30% of the full requirement.
[3]
The deferred parking area shall not include areas for required buffer 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 chapter. This parking area which is reserved shall be located and have characteristics so as to provide amendable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the deferred area with the land development plan.
[4]
Prior to the issuance of a building permit, the developer shall enter into a written agreement with the Borough Council that, one year after the building is 95% occupied, the additional parking spaces shall be provided at the developer's or owner's expense should they be determined necessary to satisfy the need of the senior citizens' housing development.
[5]
Upon reaching agreement, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic study to be undertaken by a registered traffic engineer of the Borough Council's choosing who shall determine the advisability of providing the full parking requirement. With recommendations of the traffic engineer, the Borough Engineer and the Borough Planning Commission, the Borough Council shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.[4]
[4]
Editor's Note: Original Subsection A(A9), Conversion, which immediately followed this subsection, was repealed 11-18-2002 by Ord. No. 924.
(9)
(A9) Rooming house. A dwelling used for the housing of two roomers, boarders, lodgers or tourists is subject to the following conditions:
(a)
Fire detection devices approved by the Underwriters Laboratories which signal the existence of smoke or heat shall be installed in all sleeping rooms, and stairwells and also near heating equipment and flammable liquids storage areas. The signal shall be loud enough to awaken sleeping guests.
(b)
Rooming houses of more than two stories in height shall be equipped with an emergency fire escape constructed of nonflammable materials.
(c)
The lot area per room shall not be less than 500 square feet in addition to the lot area required for the principal dwelling. NOTE: Facilities for more than two roomers, boarders, lodgers or tourists shall be considered commercial facilities and shall fall under § 465-17D(11).
(10)
(A10) Dwelling in combination with a permitted commercial use. One dwelling unit that is part of the structure, which includes one nonresidential use, under one ownership.
[Amended 11-18-2019 by Ord. No. 1026]
(11)
(A11) Mobile home. A single-family detached dwelling as defined in Article II, which is designed for and used for occupancy exclusively by one family having only one dwelling unit from ground to roof and having independent outside access and open space on all sides.
(12)
(A12) Farmstead. A single-family detached dwelling together with barns, other accessory buildings and land used for agricultural production.[5]
[5]
Editor's Note: Original Subsection A(A14), Nonprofit elderly housing, which immediately followed this subsection, was repealed 11-18-2002 by Ord. No. 924.
(13)
(A13) No-impact home-based business.
[Added 10-18-2004 by Ord. No. 943]
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(i)
Such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, bylaw or other document applicable to a common interest ownership community.
(14)
(A14) Bed-and-breakfast.
[Added 10-18-2004 by Ord. No. 943]
(a)
Permitted only in a single-family detached dwelling.
(b)
No alteration of the appearance of the building to detract from its principal purpose as a residential structure, except for safety purposes. There shall be one off-street parking space provided for each guest room and one off-street parking space provided for each employee, resident manager or owner; and any other applicable borough or state regulations.
(c)
The minimum lot size shall be the same as that required of a single-family dwelling in the zoning district in which this premises is located.
(d)
No guest shall be housed for more than 14 consecutive nights; there shall be no monthly rates for rental or rooms nor shall dwelling be used as a permanent residence for guest tenants. Only the bona fide owner of the property or full-time manager may reside permanently or full-time at site
(e)
No more than five guest rooms, accommodating maximum total of 10 persons shall be provided.
(f)
Breakfast shall be the only meal served. This service must occur before 11:00 a.m. Meals shall only be offered to registered guests, and no guest room shall have its own separate cooking facility:
(g)
Other amenities including, but not limited to, swimming pools, porches, decks or activities shall be limited to registered guests only.
(h)
All local and state regulations regarding all applicable permits and building/zoning permits and licenses must be complied with.
(i)
The applicable sign requirements of this chapter shall also apply.
(j)
All guests shall be required to register upon arrival, stating their names, current residence address and the license number, make and model of vehicle.
(k)
Common space area for living-room and dining-room facilities for guests shall be provided, and onsite kitchen facilities meeting Department of Health regulations for guest food preparation. One full bathroom with sanitary and bathing facilities shall be provided for every two guest rooms.
(15)
(A15) Riverview Neighborhood (RN) A planned development of residential and business uses shall be allowed as provided for herein and in the Table of Land Uses,[6] subject to the following provisions:
[Added 10-17-2005 by Ord. No. 947]
(a)
Key design elements.
[1]
Neighborhoods shall promote a more compact, integrated and sustainable development pattern, and shall have the following key design elements:
[a]
Core and peripheral areas. Core areas are intended to serve a mix of nonresidential and residential uses in a compact, seamless arrangement. Peripheral areas are more residentially oriented, permitting only supporting nonresidential uses, such as corner stores and small offices at key neighborhood locations.
[b]
Mix of uses. Combines residential, civic, recreational, commercial, and green space uses in a diversified, planned setting. A mix of uses also encourages first floor retail with second floor dwellings and/or offices and live-work units to create walkable, energetic neighborhoods.
[c]
Building types. Focuses on buildings designed by type not solely by function, to allow for adaptations and changes in use (e.g., from dwelling to shop to work place to civic). Building types are most appropriate when they express the regional style and do not attempt to mimic architectural themes inappropriate to the locality.
[d]
Park and green space land. Parks and green space anchor the neighborhood and provide public gathering places. Parks and green space in their natural state provide a balance with the built environment; they can be distributed within the neighborhood or provide a green edge of green space to help shape the neighborhood.
[e]
Network system of interconnecting streets. A good street network organizes a block and pattern of lots, integrates with lanes, alleys, neighborhood streets, and links to pedestrian and other transportation systems. The width of streets should be designed to create outdoor rooms between street trees and buildings.
[f]
On-street, parallel parking. Provides a separator between vehicular and pedestrian traffic and promotes effective traffic calming by slowing down the speed of vehicles, especially along narrower streets.
[g]
Shallow setbacks. Shallow setbacks help to create "outdoor rooms," with two- to three-story buildings that are typically from 60 to 85 feet across from one another. Shallow setbacks promote a human scale relationship for the pedestrian by allowing easy access to entrances from the sidewalk.
[h]
Front porch/portico/entry. Serve as a transition element from the private realm of the building to public realm of the sidewalk and street. They provide shade, create a cozy space to sit, read, relax, and provide an outdoor room to greet and socialize with neighbors.
[i]
Sidewalks/crosswalks/paths/walkways. A human scale transportation network that links uses, buildings, neighborhoods and communities together and provides close to home opportunities for exercise.
[j]
Street and shade trees. Provide the canopy plane to provide a wall and ceiling to the outdoor room. Street and shade trees provide shade in the summer, reduce glare and heat from the pavement, filter out air pollutants, reduce noise and increase property values.
[k]
Street infrastructure. Includes pedestrian-scaled fences hedges, walls, street lamps, benches, gazebo, pavilion, pergola, monuments or like features.
[l]
Public access to the Delaware River. Pedestrian access to the Delaware River waterfront in the form of a riverwalk or other public facilities, allowing the public to enjoy the river's resources.
(b)
Use and development type regulations.
[2]
The following uses shall be permitted under core area and peripheral area, provided that all detailed design standards of § 465-A(15)(d), (e) and (f) are met:
[a]
Core area. Core area shall permit a mix of uses as required in the use mix portion of this chapter.
[i]
Adaptive reuse of existing buildings, including multifamily residential, live-work units as described in § 465-17A(15)(b)[2][a][iv], and indoor entertainment and recreation facilities (D13).
[ii]
Civic uses such as library or museum (B4), community center buildings (B5), day nursery (B6), government sponsored recreation (B7), municipal park (B13), natural land preserve (B14), and walking trail (B15).
[iii]
Small commercial buildings, limited to uses such as retail shop (D2) (corner store, bakery, gift shop, newsstand or flower shop), financial establishment (D4), restaurant (D5) (coffee shop, cafe, bistro or deli) which are permitted under § 465-17D of this chapter, travel agency, barber, and full-service salon and spa, which may include nail salon services, but may not be wholly devoted to nail salon services, of less than 3,000 square feet of gross floor area per use or leasehold, provided that they are designed to be compatible with and limited to the convenience of the surrounding neighborhood.
[iv]
Live-work units, subject to the following conditions:
[A]
Occupations permitted include accountants; architects; artists and artisans; attorneys; computer software and multimedia-related professionals; consultants; engineers; fashion, graphic, interior and other designers; insurance, real estate and travel agents; photographers and similar occupations.
[B]
No portion of live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.
[C]
Each live-work unit shall have adequate and clearly defined working space, constituting not less than 50% of the gross floor area of the live-work unit. Each unit must also be equipped with an enclosed bathroom containing a bathroom sink, water closet and shower, and kitchen with stove and oven.
[D]
A maximum of one employee (other than the unit owner) may be permitted to work in the unit at any given time.
[E]
Live-work units must comply with the general performance standards of § 465-15 for residential districts.
[F]
A minimum of one off-street loading area shall be provided for every 50,000 gross square feet of space occupied by live-work units. No off-street loading area shall be required for any live-work building that contains less than 5,000 gross square feet of space occupied by live-work units.
[v]
A range of dwelling-unit types including owner-occupied multifamily, single-family attached, single-family and semidetached units.
[vi]
Offices limited to uses permitted under § 465-17C of this chapter, medical office (C1) or business office (C2), provided that they are designed to be compatible with the residential neighborhood.
[vii]
Water-related recreational uses, including fishing piers, marinas and boat rentals, subject to the design requirements of § 465-A(15)(e)[2].
[b]
Peripheral area. Peripheral area shall be a residentially oriented neighborhood, but shall permit nonresidential uses as permitted in the use mix portion of this chapter.
[i]
A range of dwelling-unit types including owner-occupied multifamily, single-family attached, single-family, and semidetached units.
[ii]
Small commercial buildings, limited to uses such as retail shop (D2) (corner store, bakery, gift shop, newsstand, or flower shop) financial establishment (D4), restaurant (D5) (coffee shop, cafe, bistro, or deli) which are permitted under § 465-17D of this chapter, travel agency, barber and full-service salon and spa, which may include nail salon services, but may not be wholly devoted to nail salon services, of less than 2,000 square feet of gross floor area per use or leasehold, provided that they are designed to be compatible with and limited to the convenience of the surrounding neighborhood.
[iii]
Offices limited to uses permitted under § 465-17C of this chapter, medical office (C1) or business office (C2), provided that they are designed to be compatible with the residential neighborhood.
[iv]
Live-work units, subject to the conditions in § 465-17A(15)(b)[2][a][iv].
[3]
The following uses shall be permitted as accessory uses in both core areas and peripheral areas:
[a]
Accessory uses that are clearly incidental to the uses permitted by right, such as parking, residential accessory structures or nonresidential accessory structures, provided that storage sheds are not permitted; and further provided that all accessory structures meet all setback requirements of principal buildings and structures.
[b]
Temporary outdoor dining area, as an accessory use to small commercial buildings, provided that the use is located within sidewalk areas that are 15 feet in width or greater, seating is provided for not more than 12 customers and the following conditions are met:
[i]
Outdoor dining areas shall have a continuous, unobstructed pathway five feet in width between the seating area and any obstacle (e.g., tree pole, post, sign, or planting area).
[ii]
No sidewalk dining area shall be situated within five feet of any pedestrian crossing, fire hydrant, driveway, curbline, or in a manner which visually obstructs vehicular traffic sightlines, traffic control devices or signs.
[iii]
No outdoor dining area may be permanently located within the sidewalk area by means of a raised platform, fence, wall or other structures or enclosed by a fixed wall.
[iv]
No outdoor speakers or music shall be allowed.
[v]
Outdoor tables, chairs, furniture and decorative items shall be of uniform design and shall be removed from public property November 1 through March 31.
[vi]
Provisions shall be made for adequate litter and trash control including the provision and maintenance of trash receptacles. The outdoor area shall be kept clean and free of debris at all times.
[vii]
Restaurant service equipment shall not be permitted outdoors.
[viii]
The seating shall not obstruct any entry or exit way of the building or adjacent buildings.
[ix]
Hours of sidewalk use are limited from 7:00 a.m. to 10:00 p.m.
[x]
Provision shall be made for appropriate lighting which will not disturb adjacent property or affect traffic on adjacent rights-of-way.
[4]
All dwellings shown on the initial approved plan shall not be converted to nonresidential use.
(c)
Use composition, dwelling unit composition, and density.
[1]
Core area.
[a]
Use composition. Nonresidential development in the core area shall comprise at least 25% of the total tract area and may comprise up to 45% of the total tract area exclusive of the area of perimeter street rights-of-way, subject to the following:
[i]
Commercial uses, inclusive of live-work units, shall comprise from 10 to 18% of the total tract area.
[ii]
Civic uses, as defined above [not including government sponsored recreation (B7), municipal park (B13), natural land preserve (B14) and walking trail (B15)] shall comprise from 2% to 7% of the total tract area.
[iii]
Office uses shall comprise from 13 to 20% of the total tract area.
[b]
Dwelling unit composition. A mix of dwelling unit types shall be achieved, using the following minimum or maximum percentages:
[i]
Owner-occupied multifamily: 25% minimum to 60% maximum of total units.
[ii]
Single-family attached: 10% minimum to 45% maximum.
[iii]
Single-family semidetached: 5% minimum to 30% maximum.
[iv]
A maximum of 10% of the above units may function as live-work units, with the exception of adaptive reuse of existing buildings, where the reuse of an existing building, at the discretion of Borough Council, may provide up to a 20% bonus of live-work units above the 10% maximum.
[2]
Peripheral area.
[a]
Use composition. Nonresidential development in the peripheral area shall comprise a maximum of 5% of the total tract area exclusive of the area of perimeter street rights-of-way, subject to the following:
[b]
Dwelling unit composition. A mix of dwelling unit types shall be achieved, using the following minimum or maximum percentages:
[i]
Owner-occupied multifamily: 25% minimum to 45% maximum of total units.
[ii]
Single-family attached: 25% minimum to 60% maximum.
[iii]
Single-family semidetached: 5% minimum to 30% maximum.
[iv]
A maximum of 10% of the above units may function as live-work units, with the exception of adaptive reuse of existing buildings, where the reuse of an existing building, at the discretion of Borough Council, may provide up to a 20% bonus of live-work units above the 10% maximum.
[3]
Density. The density for residential dwelling units in both core and peripheral areas shall not exceed eight dwelling units per gross acre inclusive of any live-work unit(s).
(d)
Dimensional requirements.
[1]
Streetscape.
[a]
The most critical dimension in the Riverview Neighborhood District is the width of the streetscape from building walls on one side of the street to building walls on the opposite side of the street.
[i]
The streetscape width shall be in the range from 60 to 75 feet for nonresidential building streetscapes and 70 to 85 feet for residential building streetscapes.
[ii]
Where buildings parallel or encircle a green space the streetscape width may be wider as a function of the width of an approved green space.
[4]
Rear yards for principal buildings.
[a]
Eighteen-foot minimum yard setback.
[b]
Eighteen-foot minimum building setback from street or alley edge in the case of development where individual lots are not created, such as a condominium development.
[c]
Thirty-six-foot minimum building separation distance where individual lots are not created, such as a condominium development and in the case where there is no street or alley between buildings that do not have conventional lots.
[5]
Single-family semidetached twin or duplex dwellings.
[a]
Minimum lot area: 2,500 square feet per unit.
[b]
Minimum lot width at the minimum building setback line: 25 feet.
[c]
Front or side yard from a street or alley: fourteen-foot minimum; twenty-five-foot maximum.
[d]
Interior side yard: six-foot minimum.
[e]
Rear yard: eighteen-foot minimum.
[f]
In the case where individual lots are not created, such as a condominium development, an equivalent lot area, lot width and yard dimensions shall apply.
[g]
Maximum building height: 35 feet or approximately 2 1/2 stories.
[6]
Single-family attached dwellings.
[a]
Minimum lot area: 1,800 square feet.
[b]
Minimum lot width at the minimum building setback line: 20 feet.
[c]
Front or side yard from a street or alley: fourteen-foot minimum; twenty-five-foot maximum.
[d]
Building separation: The end units of a row of single-family attached buildings shall be separated by a minimum of 15 feet.
[e]
Rear yard: eighteen-foot minimum.
[f]
In the case where individual lots are not created, such as a condominium development, an equivalent lot area, lot width and yard dimensions shall apply.
[g]
Maximum building height: 35 feet or approximately 2 1/2 stories.
[h]
The ground floor shall be at least two feet above sidewalk grade for privacy purposes.
[7]
Multifamily dwellings.
[a]
Maximum building length: 120 feet.
[c]
Front or side yard from a street or alley: nine-foot minimum; twenty-foot maximum.
[d]
Building separation: twenty-foot minimum for buildings with residential uses only; zero feet for mixed-use buildings.
[e]
Front or side yard from streets along the tract perimeter: ten-foot minimum; thirty-foot maximum.
[f]
Maximum building height: 65 feet or approximately six stories, including parking decks. Stories above the third story must be set back 10 feet from the first three stories.
[9]
All other nonresidential uses.
[a]
Minimum lot area: 10,000 square feet.
[b]
Minimum lot width at the minimum building setback line: 65 feet.
[c]
In the case where individual lots are not created, such as a condominium development, an equivalent lot area and lot width shall apply.
[d]
Front or side yard from a street or alley: nine-foot minimum; twenty-foot maximum.
[e]
Front or side yard from streets along the tract perimeter: ten-foot minimum; thirty-foot maximum.
[f]
Maximum building height: 65 feet or approximately six stories, including parking decks. Stories above the third story must be set back 10 feet from the first three stories.
(e)
Detail design standards.
[1]
Green space requirements.
[a]
A variety of green spaces shall be designed to complement residential and nonresidential development. A minimum of 20% of the total site area shall be designated as green space, exclusive of any stormwater management facilities or areas.
[b]
Green space shall take on the form of a public square, park, parklet, green, playfield, playground, buffer, resource protection area or approved landscaped area, in accordance with a landscape plan. At least 7.5% of the total site area shall be devoted to parks, greens, playgrounds and squares.
[c]
Green spaces shall be at least 2,000 square feet in area in order to count toward the 20% minimum requirement.
[2]
Riverfront design requirements.
[a]
For all proposals located adjacent to the Delaware River, an average setback of 300 feet from the riverbank (at its mean high tide) shall be required, with a minimum setback of 100 feet. Excepting permitted water-related uses permitted under § 465-17A(15)(b)[2][a][vii], areas within this setback shall remain in 100% green space. For green space areas within the riverfront setback, only 25% of this land shall count toward the 20% total site requirement of § 465-17A(15)(e)[1][a].
[b]
Where permitted water-related uses are proposed, 70% of areas located within the required setback shall remain in usable green space. A maximum of 30% of this area may comprise private or public water-related uses.
[c]
For all permitted water-related uses, an area of public access shall be designated, provided that such public access can be designed or located so as to be compatible with the proposed use. The public access area shall be parallel to the high tide line, shall be located not more than 100 feet distant from the high tide line, and shall be of a width suitable to permit public viewing of the water. Regardless of its location, the public access shall be connected to a public street by a public right-of-way having a minimum width of five feet. Areas dedicated to public access do not count against the green space requirement of § 465-17A(15)(e)[2][b].
[3]
Streets, alleys and accessways.
[a]
Streets, alleys and accessways shall form an interconnected vehicular circulation network to the maximum extent possible. The street network shall be connected to the existing streets, unless the Planning Commission determines that topography, requirements of traffic circulation or other considerations make such connections impractical.
[b]
All streets shall be sufficient in width to provide for on-street parking on at least one side. An on-street parking space shall measure at least eight feet wide by 22 feet long when parallel to the curbline.
[c]
Streets with on-street parking on one side shall be 28 feet in width (with two ten-foot travel lanes, and one eight-foot parking bay).
[d]
Streets with on-street parking on both sides shall be 36 feet in width (with two ten-foot travel lanes, and two eight-foot parking bays).
[e]
Alleys shall be provided to enable buildings to be placed closer to the street and move vehicular access to the rear of buildings to the maximum extent possible, moving garage doors and curb cuts away from the frontage streetscape.
[f]
Alleys that are two-way and proposed for dedication to the Borough shall be at least 16 feet in width. Alleys that are two-way and not proposed for dedication to the Borough may be reduced to 14 feet in width.
[g]
Alleys that are one-way and not proposed for dedication shall be at least 12 feet in width.
[h]
All one-way accessways and driveways shall be at least nine feet in width.
[4]
Curb cuts, driveways, and garages.
[a]
Garages, driveways and/or parking lots shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.
[b]
To the maximum extent possible as determined by Borough Council, garages shall be accessed from an alley. In those places where alleys are not possible to service development as determined by Borough Council, curb cuts may be permitted, provided that the garage door is recessed at least 18 feet from the front facade; and further provided that no more than 10% of the total number of dwelling units are accessed by such curb cuts.
[c]
Where garages are accessed from an alley and a parking apron is provided perpendicular to an alley, such garage shall be 18 feet from the edge of the alley.
[d]
Where garages are accessed from an alley and a parking apron is provided parallel to an alley, such garage shall be eight feet from the edge of the alley.
[e]
Garages for residential dwelling units shall meet one of the following design options, listed in the order of preference for the neighborhood:
[i]
The garage is rear entry, such that garage doors are on the opposite side of the house from the front facade, preferably accessed from an alley.
[ii]
The garage is located behind the rear facade of the house. Such garage may be detached from or attached to the dwelling, and the garage doors may face any direction.
[iii]
The garage is front-entry and recessed at least 18 feet from the front facade (excluding any porches or decks) of the building. When residential garages face a street, the garage shall comprise no more than 25% of the total area of the front facade elevation of a dwelling unit, measured from ground level to the lower edge of the roof A garage door facing a street shall not exceed a width of 12 feet.
[iv]
The garage is side entry, such that garage doors are perpendicular or radial to the street that the front facade faces.
[6]
Street trees and other landscaping.
[a]
Street trees suitable for urban conditions of small or medium height as listed in Street Tree Factsheets, Penn State College of Agricultural Sciences, shall be planted along all streets in a minimum four-foot diameter planting area at a maximum average spacing of 30 feet on center. The trees shall have a minimum caliper of 2 1/2 inches at the time of planting.
[b]
Trees shall be arranged and maintained at intersections and alley entrances to provide adequate visibility, avoiding conflicts between vehicles, bicycles and pedestrians as recognized by American Association of State Highway and Transportation Officials Guidelines.
[7]
Buildings and neighborhood design.
[a]
Commercial and office use.
[i]
Blank walls shall not be permitted along any exterior wall facing a street, parking area or walking area. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration and details.
[ii]
The ground floor shall have door(s) and windows, covering at least 50% of the front facade. Dwelling units can be constructed above the ground floor.
[8]
Parking and parking lots.
[a]
Parking shall be located on-street to the maximum extent possible to maintain the streetscape appearance, and to serve as an insulator between moving vehicles and pedestrians walking along the adjoining sidewalks.
[b]
Parking lots shall be located to the rear or sides of buildings. Side parking lots shall account for no more than 25% of parking, and shall be screened from sidewalks by a combination of pedestrian-level walls, fences, trees or landscaping.
[c]
Parking facilities shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street. Parking lots shall not abut a street intersection, the front yards of multifamily, civic buildings, shall not be adjacent squares or parks (unless providing parking for such parks), and shall not occupy space which terminates a T-intersection within the district or similar prominent point.
[d]
Live-work units shall have the parking ratio as required for a dwelling, as provided in Article VI, Off Street Parking and Loading.
[f]
In the case of commercial or office uses which have shop fronts adjacent to streets, the on-street parking directly in front of the lot shall count toward fulfilling the parking requirement.
[g]
All parking areas shall incorporate landscaping such as shade trees or similar elements.
[9]
Off-street loading areas, outdoor storage and trash disposal areas.
[a]
Nonresidential uses shall meet the following requirements:
[i]
All loading areas and loading docks shall be located to the sides and rears of buildings. Loading docks shall not be visible from public streets.
[ii]
Outdoor storage or display of materials shall not be permitted.
[iii]
Trash disposal areas shall be located within buildings or within an opaque screened area that completely hides the trash and is located to the side or rear of the building. All outdoor trash disposal areas shall be set back at least 25 feet from residential property lines.
(f)
Other requirements.
[1]
All buildings within the development shall be served by a public water supply and public centralized sewage disposal system.
[2]
All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground and electric transformers shall be installed underground or within the walls of a completely enclosed building.
[3]
If the development is to be carried out in phases, each phase shall be so planned that the intent of this chapter shall be fully complied with at the completion of any phase. Any phased development shall be fully described and defined on the subdivision or land development plan.
[4]
All streets and alleys whether public or private shall have a right-of-way. The right-of-way width for alleys may be the same width as the paved area.
(g)
Relationship to other ordinance provisions.
[1]
The regulations in this § 465-17A(17) shall take precedence over other provisions of this chapter to the extent that this § 465-17A(17) specifies additional or varied requirements. Otherwise all applicable sections of this chapter and Chapter 390, Subdivision and Land Development, shall apply.
[6]
Editor's Note: The Table of Land Uses, Table 465-17, is included at the end of this chapter.
(16)
(A16) Live-work unit. A live-work unit is a combination of a dwelling unit and business space, such as a shop or office that is open to the public for retail trade or personal or professional services, subject to the following conditions:
[Added 11-18-2019 by Ord. No. 1026]
(a)
Occupations permitted include: accountants, architects, artists and artisans, attorneys, computer software and multimedia-related professionals, consultants, engineers, planners, fashion, graphic or interior and any other designers, insurance, real estate and travel agents, photographers, and similar occupations.
(b)
Each live-work unit shall have adequate and clearly defined working space, constituting a maximum of 50% of the gross floor area of the live-work unit. Each unit must also be equipped with a kitchen with a stove and oven, and an enclosed bathroom containing a bathroom sink, toilet, and shower. The working and living spaces must be occupied entirely by the owner or renter and cannot be individually leased or sold.
(c)
A maximum of four employees (the unit owner and three employees) may be permitted to work in the unit at any given time.
(d)
A live-work unit may be in a separate building by itself or in a building with a combination of other uses. When combined with other uses in a mixed-use building, it is considered a residential use.
(17)
(A17) Mixed-use structure: a building with nonresidential uses and/or residential amenity uses on the ground floor and multifamily residential uses on one or more upper levels. In a mixed-use building, commercial, office, and/or residential uses shall be permitted in a building on one lot.
[Added 11-18-2019 by Ord. No. 1026]
(a)
Permitted commercial and office uses shall be limited to the following:
[1]
(A16) Live-work unit.
[2]
(A10) Dwelling in combination with a permitted commercial use.
[3]
(C1) Medical office.
[4]
(C2) Business office.
[5]
(D2A) Downtown commercial retail.
[6]
(D3) Downtown personal service.
[7]
(D5) Restaurant.
[8]
(D6) Fast service eating establishment.
[9]
(D12) Cultural and entertainment.
[10]
(D17) Market.
[11]
(D18) Brewery, winery, or distillery.
[12]
(D19) Tavern, wine bar, or brewpub.
(b)
Where residential and office uses are proposed, they shall be on the second and third floors of a mixed-use structure, if possible. Nonresidential uses shall be on the first and second floors only. Residential uses shall occupy at least 75% of the second floor of mixed-use buildings.
(c)
All permitted uses associated with a mixed use shall be conducted within a completely enclosed building unless expressly authorized. This requirement does not apply to required parking or loading areas, automated teller machines or outdoor seating.
(d)
The applicant shall demonstrate that adequate parking is available on- and off-street to serve a mixed-use structure, in accordance with parking requirements of § 465-43.
(e)
This does not include a hookah lounge, vape store, or retail stores where more than 25% of sales are from tobacco or tobacco-related products.
B.
Institutional, recreational, and educational uses.
(1)
(B1) Place of worship.
(2)
(B2) School; public, private, religious, denominational, sectarian and non-sectarian. Not conducted as a private gainful business.
(4)
(B4) Library or museum. Art galleries, libraries or museums, open to the public or connected with a permitted educational use and not conducted as a private gainful business.
[Amended 11-18-2019 by Ord. No. 1026]
(5)
(B5) Community center, adult education center, or other similar facility. Operated by an educational, philanthropic, or religious institution subject to the following additional provisions:
(a)
The use shall not be conducted as a private gainful business.
(b)
Outdoor play areas shall be sufficiently screened in accordance with § 465-15M(3) and (4) and sound insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
(6)
(B6) Day nursery, nursery school, kindergarten, or other agency giving day care to children. Subject to the following additional provisions in residential districts:
(a)
The use shall be conducted in a building designed for residential occupancy.
(b)
Outdoor play areas shall be sufficiently screened in accordance with § 465-15M(3) and (4) and sound insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
(7)
(B7) Recreational facility owned or operated by the Borough or other government.
(8)
(B8) Recreation facility owned or operated by a non-government agency. Subject to the following additional provisions:
(a)
The use shall not be conducted as a private gainful business.
(b)
No outdoor active recreation area shall be located nearer to any lot line than the minimum front yard required by Table 465-18[8] for the district in which the facility is located.
[8]
Editor's Note: Table 465-18 is included as an attachment to this chapter.
(c)
Outdoor play areas shall be sufficiently screened in accordance with § 465-15M(4) and (5) and sound insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
(9)
(B9) Private club or lodge. Subject to the following additional provisions:
(10)
(B10) Orphanage, halfway house, nursing home, or other licensed establishment for the care of sick, aged, crippled, or convalescent persons. Subject to the following additional provisions:
(a)
A lot area of not less than one acre shall be required.
(b)
A lot area of not less than 500 square feet per bed shall be required for establishments providing long term care.
(c)
Buffer yards shall be provided on the side and rear lot lines, be at least 10 feet in width and meet the requirements of § 465-15M.
(d)
The term "halfway house" means a facility which provides community living arrangements for persons with emotional, alcohol or drug-related problems and who are receiving rehabilitative therapy and/or counseling. The residents live in a facility for a short period of time, usually three to 12 months. This use shall not include roomers, boarders, lodgers, members of a family [except those protected as suffering from a "handicap" under the provisions of Section 3602(h) and Section 3604 of the Fair Housing Act[9]] or any use otherwise defined, described or regulated in this chapter.
[Added 11-19-2012 by Ord. No. 994]
[9]
Editor's Note: See 42 U.S.C. §§ 3602(h) and 3604, respectively.
(11)
(B11) Medical center. A group of facilities providing health services such as hospitals, health clinics, medical research facilities including accessory medical research laboratories, outpatient departments, training facilities, medical offices of more than three doctors, central service facilities operated as an integral part of the facility and commercial uses supplementary to it. Provided:
(a)
Lot and parking requirements are met for hospital, medical office and laboratory (Uses B11 and C1) to the extent to which each type is represented at the medical center.
(b)
Ten-foot buffer yards shall be provided on the side and rear lot lines of all medical centers. Buffer yards shall meet the requirements of § 465-15M.
(c)
Vehicular access shall be located within 500 feet of an intersection of a collector or arterial street as illustrated on the Highway Classification Map, amended.
(12)
(B12) Municipal administrative facility. Owned or operated by the Borough or any Borough board, municipal authority, commission or agency.
(13)
(B13) Municipal park. Owned or operated by the Borough, or any Borough board, municipal authority, commission or agency.
(14)
(B14) Natural land preserve. Land intended to be left in a natural state, subject to the following additional provisions:
[Added 6-17-2002 by Ord. No. 920]
(a)
The use shall not be conducted as a private gainful business.
(b)
The Morrisville Environmental Advisory Council shall develop criteria for the establishment of any naturalizing, landscaping, erosion control, fencing or walls; such criteria shall not allow structures which are disruptive to plants or wildlife, and shall only provide for safe access and prevention of encroachment.
(c)
All naturalizing, landscaping, erosion control, fencing and wall plans must be reviewed by the Morrisville Environmental Advisory Council, which shall supply a recommendation on any such plan for Borough Council approval.
(d)
Naturalizing, landscaping, erosion control, fencing and wall plans shall only be implemented if needed to preserve and protect the plant or wildlife habitat, to remove invasive species that if unchecked could threaten the natural character of the land, to facilitate the propagation of native species, or to protect endangered species.
(e)
All signs, as defined in § 465-44 of this chapter, must be reviewed by the Morrisville Environmental Advisory Council, which shall supply a recommendation on any such sign for Borough Council approval.
(f)
The Morrisville Environmental Advisory Council shall develop design criteria for signs in natural lands.
(15)
(B15) Walking trail. A path, not to exceed 10 feet in width or 8% in grade, created by clearing existing vegetation. All such trails must be left in a natural state. Non-native plants or man-made materials may not be used for walking trails in the CS-2 District. Notwithstanding the foregoing requirements, all walking trails must comply with the Americans With Disabilities Act, if applicable.
[Added 11-18-2002 by Ord. No. 924]
C.
Office land uses.
[Amended 11-18-2002 by Ord. No. 924; 11-18-2019 by Ord. No. 1026]
(1)
(C1) Medical office. Office of no more than three licensed practitioners, working at the same time, for medical or dental examination or treatment of persons as outpatients. Uses may include: chiropractic services, physical therapy, or massage therapy by massage therapists with certification from the National Certification Board for Therapeutic Massage and Bodywork or other recognized national certification board approved by Council.
(b)
In the NPEH District, such use shall be carried on wholly indoors and within the principal building.
(c)
In the NPEH District, there shall be no use of show windows or display or advertising visible outside of the premises to attract customers or clients other than one sign, illuminated only by a spotlight, not exceed four square feet in area attached to the building freestanding. Freestanding signs shall be set back a minimum of three feet from the lot line and shall not exceed six feet in height.
(2)
(C2) Business office. Offices for lawyers, architects, engineers, insurance agents, brokers, or other professional or business offices which do not involve the actual storage, exchange or delivery of merchandise on the premises.
D.
Commercial land uses.
(1)
(D1) Shopping center. A neighborhood, community or regional shopping center, pre-planned and designed on a site of at least five acres as a complex of related structures and circulation patterns. Permitted uses include C1, C2, D2, D3, D4, D5, D8, D12, E5.
(2)
(D2) Retail shop and stores. Selling apparel, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, paint, records, cards, novelties, hobbies, art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, and/or fabrics.
[Amended 1-18-2022 by Ord. No. 1038]
(3)
(D2A) Downtown commercial retail. Retail shop selling apparel, books, nonalcoholic beverages, baked goods, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, paint, cards, novelties, hobbies, art supplies, music, luggage, sport goods, pets, floor covering, garden supplies, and/or fabrics. This use shall not include a shop in excess of 2,500 square feet of floor area.
[Added 11-18-2019 by Ord. No. 1026[11]
(4)
(D3) Downtown personal service. Establishments engaged in providing services involving the care of a person or apparel, such as barber, beautician, dry cleaning, shoe repair, or tailor. A downtown personal service business shall not include massages, psychic readings, body piercing, branding, or tattooing, which are defined and regulated herein as Use D3A Limited personal service.
[Amended 11-18-2019 by Ord. No. 1026
(5)
(D3A) Limited personal service. A retail facility offering massages, psychic readings, body piercing, branding or tattooing of persons, and similar uses.
[Added 11-18-2019 by Ord. No. 1026
(6)
(D4) Financial establishment, such as banks, savings and loan associations, and/or credit unions. Drive-through and drive-up service is prohibited except as Use I11 Accessory drive-through.
[Amended 11-18-2019 by Ord. No. 1026
(7)
(D5) Restaurant. An establishment used for the purpose of furnishing meals to the public which are to be consumed within the building or place of business, with limited take-out service and where waiters and/or waitresses serve all food and beverages to patrons, but does not include drive-through, drive-up, or walk-up window service, which are prohibited.
[Amended 11-18-2019 by Ord. No. 1026
(8)
(D6) Fast service eating establishment. A fast service eating establishment is an eating establishment in which the principal business is the sale of foods and/or beverages to the consumer in a ready-to-consume state for consumption either within the restaurant building or for carry-out with consumption off premises. A fast service eating establishment shall conform to the following conditions:
[Amended 11-18-2002 by Ord. No. 924; 11-18-2019 by Ord. No. 1026]
(a)
A traffic impact analysis of the proposal shall be prepared by a traffic engineer or traffic planner. The study shall identify existing traffic levels on the street, project traffic generated by the restaurant, identify potential problems created by restaurant-generated traffic, propose solutions to control and provide safe access to the site, and maintain an acceptable level of service on the frontage street.
(b)
Drive-through and drive-up service is prohibited, except as Use I11 Accessory drive-through.
(c)
A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the streets frontage.
[1]
All fast food restaurants shall provide a trash storage area which is designed and constructed to be screened from the street and adjacent properties, to prevent trash from blowing from the area and to permit safe and easy removal of the trash.
[2]
There shall be no storage other than trash outside of the restaurant.
[3]
Vending machines, if provided, shall be placed within the restaurant.
(d)
Lighting.
[1]
All portions of the parking area shall be adequately lighted during after-dark operating hours.
[2]
All light standards shall be located on the raised parking islands or planting areas and not on the parking surface.
[3]
The lighting facilities shall be planned, erected, and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.
(e)
In addition to the planting in required buffer yards, all areas of the site not paved shall be landscaped with a mixture of trees, shrubs, and ground cover. Trees in these planting areas shall be a size and type consistent with the Borough's street tree and buffer planting lists. The plant material should be located so as to accomplish one or more of the following purposes: screening, retard storm water runoff, direct or restrict pedestrian access, define spaces, provide shade, complement and enhance the building, etc.
[1]
Trash receptacles shall be provided outside the restaurant for patron use.
[2]
When this use is adjacent to or on the same lot with a group of commercial facilities, it shall use the common access with the other business establishments and not have separate access to the abutting collector or arterial street.
(9)
(D7) Drive-in eating establishment. For the sale and consumption of food and beverages with fewer than 10 table or counter spaces.
[Amended 11-18-2002 by Ord. No. 924]
(10)
(D8) Repair shop. For appliances, watches, guns, bicycles, or locks.
(11)
(D9) Upholsterer and cabinet maker.
(13)
(D11) Motel, hotel, or tourist home. Containing guest rooms for rent.
(14)
(D12) Cultural and entertainment. A facility or venue providing entertainment in the form of a performance. A performance shall be defined as an entertainment event in the form of stage, musical, movies, concert, dance, ballet, and/or legitimate playbook-length and similar artistic productions. This shall not include adult business.
[Amended 11-18-2019 by Ord. No. 1026]
(15)
(D13) Indoor entertainment and recreation facilities. Operated as a gainful business including bowling alleys and skating rinks, but excluding the land uses described in § 465-17D(14).
(16)
(D13A) Game rooms, arcades and other land uses which feature coin-operated electronic games.
(a)
Game rooms and arcades shall not be located within 500 feet of a school, church, residence or other game rooms or arcades.
(b)
Signs advertising game rooms, etc., shall be no larger than 10 square feet and shall be limited to one flushmounted building sign.
(c)
One sign announcing "no loitering" shall be posted on each face of the building which is accessible to the public. Such signs shall be no larger than one square foot, each.
(d)
Security shall be detailed on the premises during the hours of operation to enforce the "no loitering" restriction.
[Amended 2-16-1999 by Ord. No. 899]
(e)
The downtown parking exemption shall not apply to game rooms and arcades and the requirements of §§ 465-38, 39 and 40 shall be met.
(f)
A special buffer yard of five feet shall be provided around the entire property. Such buffer yard shall fulfill the requirements of § 465-15M.
(g)
Game rooms and arcades shall be contained and insulated in such a way to attain a noise level of no more than 60 dBA, measured from the inside edge of the sidewalk and from the other side and rear property lines.
(h)
Game rooms, etc. shall be operated no earlier than 11:00 a.m. and no later than 9:00 p.m.
(17)
(D14) Outdoor entertainment and recreation facilities. Operated as a gainful business, including golf driving ranges, miniature golf, go-cart tracks, drive-in movies and similar amusements.
(18)
(D15) Lumber yard.
(19)
(D16) Animal kennel. Including breeding, grooming and sale of animals and the office of veterinarians. Kennel areas shall either be contained inside a building properly insulated for sound, or shall be at least 500 feet from the nearest residence.
(20)
(D17) Market. An activity that is generally described as a building equipped with rooms, booths, stalls, and tables where a variety of goods or services are offered for sale by multiple sellers, business, and/or vendors.
[Added 11-18-2019 by Ord. No. 1026]
(21)
(D18) Brewery, winery, or distillery. An establishment licensed by and in compliance with the Pennsylvania Liquor Control Board having a principal use consisting of those activities consistent with the production, tasting, and sale of beer, wine, spirits, or other alcoholic beverages. Those activities may include, but not necessarily be limited to, brewing, fermenting, distilling, denaturing, redistilling, recovering, rectifying, blending and reusing of alcohol and liquor.
[Added 11-18-2019 by Ord. No. 1026]
(a)
The maximum floor area of space devoted to serving the customers shall be 1,500 square feet. Floor area devoted to serving the customer shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the area devoted to serving the customer would include display area outside the building or structure as well as inside floor area for storage and processing of beer, wine, or spirits where customer access is restricted, except for instructional tours.
(b)
Any sales of food shall be clearly incidental to the primary use consisting of alcohol sales.
(c)
All outdoor eating/drinking and service areas shall be in accordance with the requirements of Use I12 Accessory outdoor dining/drinking area.
(22)
(D19) Tavern, wine bar, brewpub. An establishment that serves food and alcoholic beverages for consumption on premises and is licensed by the Pennsylvania Liquor Control Board: beer, wine, brewed or fermented on-site or offsite for distribution and consumption. The sale of food shall be incidental to the primary use consisting of alcohol sales. All outdoor dining and service areas shall be in accordance with the requirements of Use I12 Accessory outdoor dining/drinking area.
[Added 11-18-2019 by Ord. No. 1026]
(a)
The maximum building footprint for tavern, wine bar, brewpub use shall not exceed 10,000 square feet of floor area, indoor and outdoor areas (including outdoor dining areas) devoted to the use.
(b)
Use of any outdoor area for games, sports or competitions shall be allowed by permit. The proposed use shall be permitted only if the activities take place in the rear yard of the property and have no effect on surrounding properties. No activities shall be permitted that result in noise, trash, light or other disturbances on surrounding or nearby properties. Any outdoor dining area shall not encroach onto any sidewalk adjacent to the use.
(23)
(D20) Medical marijuana dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, who holds a permit issued by the Department of Health under the Medical Marijuana Act to dispense medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.
[Added 11-18-2019 by Ord. No. 1026; amended 12-16-2019 by Ord. No. 1027]
(a)
A medical marijuana dispensary shall provide proof of permit issued by the Department of Health and shall at all times maintain a valid, accurate, and up-to-date permit with the Department of Health. Should the permit be revoked or not renewed at any time, any special exception shall immediately become void.
(b)
A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
(c)
A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school, day-care center, nor shall a medical marijuana dispensary be located closer than 1,000 feet from another medical marijuana dispensary or from a medical marijuana grower/processor.
(d)
A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pick-up services shall be permitted.
(e)
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.
(f)
A medical marijuana facility shall be limited to hours of operation from 8:00 a.m. until 8:00 p.m., seven days a week.
(g)
A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from, the Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
(h)
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.
(i)
No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.
(j)
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
(k)
A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Police Chief. The medical marijuana dispensary shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
(l)
A medical marijuana dispensary shall provide proof of a contract with a private security company, and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.
(m)
A medical marijuana dispensary shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
(24)
(D21) Hookah bar/lounge. Any establishment that is dedicated, in whole or in part, to the smoking of a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah," and also known as a "narghile," "argileh," "shisha," "hubble-bubble" and "goza," or any similar device.
[Added 8-16-2021 by Ord. No. 1035]
(a)
No hookah bar or lounge may be open between the hours of 12:00 midnight to 11:00 a.m.
(b)
There shall be no discernible noise or vibration emanating beyond the property line.
(c)
No alcoholic beverages may be served or consumed on the premises.
(d)
No hookah bar or lounge may be located on a property that is adjacent to a residential district or property use, public or private school use or day-care-center use.
(e)
No one under the age of 21 shall be permitted on the premises.
(25)
(D22) Nightclub. Any private or public establishment that allows people to gather for the purposes of listening to music, dancing or other social interaction.
[Added 8-16-2021 by Ord. No. 1035]
(a)
No nightclub may be open between the hours of 12:00 midnight to 11:00 a.m.
(b)
There shall be no discernible noise or vibration emanating beyond the property line.
(c)
No alcoholic beverages may be served or consumed on the premises.
(d)
No nightclub may be located on a property that is adjacent to a residential district or property use, public or private school use or day-care-center use.
(e)
No one under the age of 21 shall be permitted on the premises.
(26)
(D23) Smoke shops and tobacco stores. Any premises having more than 250 square feet dedicated to the delivery, display, distribution, furnishing, marketing, offering and/or sale of cigarettes, cigars, e-cigarettes, chewing tobacco or other tobacco products and paraphernalia.
[Added 1-18-2022 by Ord. No. 1038]
(a)
Notwithstanding any other provision of this title to the contrary, smoke shops and tobacco stores shall be a conditional use in the C-2, C-3 and C-4 Zoning Districts. Requirements for conditional use approval include:
[1]
Smoke shops and tobacco stores shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions from any property line, without regard to intervening structures or objects, of the nearest point on a property line of a parcel containing a public, private or parochial school or day-care center, youth or community center, public park or religious institution.
[2]
Smoke shops and tobacco stores shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions from any property line, without regard to intervening structures or objects, of the nearest point on a property line of a parcel containing another smoke shop or tobacco store.
[3]
No smoking shall be permitted on the premises at any time.
[4]
No self-service e-cigarette, tobacco, tobacco product or tobacco paraphernalia displays shall be permitted.
[5]
No distribution of free or low-cost e-cigarette, tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
[6]
No sales may be solicited or conducted on the premises by minors.
(b)
It shall be unlawful for smoke shops or tobacco stores to permit a minor, not accompanying a parent or guardian, to enter into or remain in the smoke shop or tobacco store. Smoke shops and tobacco stores shall post clear signage at all points of entry stating that minors are prohibited from entering unless they are accompanying a parent or guardian.
(c)
Smoke shops and tobacco stores that are legally existing on the effective date of this section may continue to operate as legal nonconforming uses and shall not be required to obtain conditional use approval. However, any change or expansion of the legal nonconforming use shall require compliance with this section and conditional use approval.
E.
Automotive service land uses.
(1)
(E1) Residential parking garage or parking area. Subject to the following provisions:
(2)
(E2) nonresidential parking garage or parking area. Subject to the following provisions in residence districts:
(3)
(E3) Gasoline service station. Subject to the following provisions:
(a)
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
(b)
Fuel pumps shall be at least 15 feet from any street right-of-way.
(c)
All automobile parts, dismantled vehicles, and similar articles shall be stored within a building.
(d)
Full-body painting, spraying or body and fender work shall be prohibited.
(4)
(E4) Vehicle sales, rental, repair, servicing, washing, paint spraying or storage of automobiles, trucks, buses, travel trailers and/or heavy equipment.
[Amended 11-18-2002 by Ord. No. 924]
F.
Utilities, communications, transportation.
(1)
(F1) Electric transformer station, water or sewer pumping station or automatic telephone exchange.
[Amended 11-18-2002 by Ord. No. 924]
(2)
(F2) Fire station.
(3)
(4)
(F4) Bus station.
[Amended 11-20-2006 by Ord. No. 954]
(5)
(F5) Telecommunications facilities. Telecommunications facilities shall be subject to the provisions of this chapter and the specific criteria listed below:
(b)
The applicant shall demonstrate that the proposed telecommunications facility and tower are designed and shall be constructed in a manner consistent with all applicable industry standards; and the surrounding area will not be adversely affected by support structure failure, falling ice or other debris; and electromagnetic fields or radio frequency interference are within the limitations of the latest editions of standards set by the following oversight organizations:
[1]
The American National Standards Institute (ANSI-C95.1, as amended) and ANSI-222E manual; as amended.
[2]
The Institute of Electrical and Electronic Engineers (IEEE-C95.1, as amended).
[3]
The National Council on Radiation Protection and Measurements (NCRP).
[4]
The International Radiation Protection Association (IPRA). In addition, all towers and support structures shall be fitted with anticlimbing devices, as approved by industry standards.
(c)
The tower structure and its method of installation shall be designed by a registered engineer and certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepting engineering practice. Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.
(d)
The applicant shall submit certification from a structural engineer that the structural capacity of any existing building or structure on which the antenna is proposed to be mounted is adequate to withstand wind and other loads associated with the antenna's location.
(e)
The applicant shall demonstrate that the height of the tower for the telecommunications facility s the minimum height necessary for the service area.
(f)
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to document and verify the design specifications of the foundation for the tower and anchors for the guy wires, if used.
(g)
A telecommunications facility not mounted on an existing building or structure shall be subject to the minimum lot area, side, rear and front setbacks and height as prescribed for structures in the zoning district, but in no case less than 25 feet from all property lines, whichever is greater. Such requirements shall apply to the area needed to accommodate the tower, antennae, guy wires, if used, the equipment building, security fence and buffer planting. Guy wire ground anchors required to support any such structure or tower must not be located in any required side, rear or front yards.
(h)
An antenna which is proposed to be mounted on an existing building or structure other than an existing communications tower shall not exceed the height of the building or structure by more than 20 feet.
(i)
If title to the land on which the communications 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 district.
(j)
The applicant shall design the tower to be as compatible as reasonably possible with the surrounding area, including, where appropriate, disguising the tower to resemble a tree, church steeple or other structure.
(k)
No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).
(l)
No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.
(m)
Tower structures supporting antenna shall be painted silver or have a galvanized finish or may be painted green up to the height of adjacent trees in order to reduce visual impact.
(n)
An antenna may not be located on a building or structure that is listed on a historic register or is located in a historic district.
(o)
Buffer plantings shall be located around the perimeter of the security fence and communications equipment building. The need for additional buffer yard treatment shall be evaluated.
(p)
Unless the communications facility is located on a building, the tower structure or the entire property on which the tower structure is located shall be completely enclosed by an eight foot high security fence.
(q)
The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance or emergency repair.
(r)
Any addition of an antenna or modification of an existing antenna shall require submission of a new application for use approval in accordance with the provisions of this subsection.
(s)
In January of each year, the operator shall provide verification to the Borough Zoning Officer that there have been no changes in the operating characteristics of the essential communications facility as approved at the time of the use application, including, at a minimum:
(t)
In order to reduce the number of antenna support structures needed in the Borough, all towers and support structures shall be designed to permit accommodation of future users, including other telecommunications companies and police, fire and emergency services. Furthermore, the applicant shall document that other existing structures are not available for antenna support.
(u)
The applicant shall demonstrate that owners of all tall structures within a 1/4 mile radius of the site proposed have been contacted for permission to install antennae on those aforesaid tall structures and permission for installation was denied even when customary rental prices were offered.
(v)
The applicant shall demonstrate that other telecommunication licensees have been contacted with the objective of encouraging colocation of licensed antennae on the proposed tower.
(6)
(F6) Municipal utilities. Owned or operated by the Borough, or any Borough board, municipal authority, commission or agency.
(7)
(F7) Rail station.
[Added 11-20-2006 by Ord. No. 954]
G.
Industrial land uses.
(1)
(G1) Wholesale business and storage in a roofed structure.
(2)
(G2) Warehousing. Not including outdoor storage unless the provisions of Use I9 are met.
(3)
(G3) General manufacturing, production, processing, cleaning, assembly, machining, testing and distribution of materials, goods, food stuffs, and products.
(4)
(G4) Yard for storage, sale and distribution of ice, coal, fuel oil or building materials. All such yards shall be enclosed by a fence at least six feet in height. Such fence shall provide a visual screen when viewed from any direction. See also Use I9.
(5)
(G5) Laboratory. For research, testing and experimentation.
(6)
(G6) Contractor offices and shops such as building, cement, electrical, heating, masonry, painting, and roofing provided that in the C-3 District any outdoor storage of materials shall be completely screened from view.
(7)
(G7) Truck depot, rail terminal or port facility, such as staging areas where materials, supplies or products are transferred from one vehicle to another. Incidental warehousing is included within this definition.
(8)
(G8) Craftsman's shop. Including plumbing shop, carpentry shop or custom shop.
(9)
(G9) Printing, publishing, binding. Development, marketing and production of printed works such as books, magazines and newspapers, through the use of traditional typesetting methods.
[Amended 5-21-2007 by Ord. No. 958]
(10)
(G10) Adult entertainment establishments.
[Added 2-16-1999 by Ord. No. 899; amended 5-21-2007 by Ord. No. 958; 8-11-2009 by Ord. No. 979]
(a)
All such establishments are permitted in the I-2 and I-1 Zoning Districts and shall be located no less than 60 feet from any public or private school, church, residential use, any child- or elder-care facility and any other religious, institutional or educational use, any recreational or park lands or use, any indoor or outdoor athletic or cultural use, any indoor or outdoor entertainment establishment or use, or any other use by persons under the age of 18.
(b)
No persons under the age of 18 years of age shall be permitted to patronize such establishment or observe any specific sexual activities or materials, nor shall any materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas be sold, lent, distributed, exhibited, shown or given to any minor.
(c)
The hours of operation of such establishments, if not governed by the laws of the Commonwealth of Pennsylvania or of the United States, shall be from Sunday through Thursday, 12:00 noon to 10:00 p.m.; from 12:00 noon to 12:00 midnight on Friday; and from 12:00 noon to 2:00 a.m. on Saturday.
(f)
Signage advertisement and requirements shall be as governed by those within the I-1 and I-2 Zoning Districts.
(g)
During all hours of operation, at least one employee shall be posted at each public entrance to the adult entertainment establishment in order to verify that none of the patrons seeking to enter the facility are under the age of 18 years (or 21 years old if alcohol is being served with the adult entertainment facility). The area of the property at which the age of the patrons is verified shall be situated such that no specified anatomical areas or specified sexual activities are visible.
(h)
The business shall be equipped with operational security cameras, which shall be used at all times to monitor all parking areas on the property and all public areas of the building (with the exception of restrooms).
(11)
(G11) Electronic printing, publishing, binding. Development, marketing and production of electronic versions of books and periodicals, as well as website blogs.
[Added 5-21-2007 by Ord. No. 958]
(12)
(G12) Fireworks sales. Selling consumer fireworks, display fireworks, Class C fireworks, 1.4G fireworks and/or 1.3G fireworks.
[Added 11-21-2005 by Ord. No. 948; amended 5-21-2007 by Ord. No. 958]
(a)
Such use shall not be located within 500 feet of any premises selling alcoholic liquors, alcohol, malt or brewed beverages for consumption on or off premises.
(b)
Such use shall not be located within 500 feet of any local or state park.
(c)
Any building containing quantities of 1.4G fireworks for sale exceeding 50 pounds shall be no closer than 100 feet to any building, state highway, railway, local street or alley, or utility right-of-way including, but not limited to, natural gas line.
(d)
All land development plans for construction, use or renovation of an existing building for the purpose of selling fireworks shall be reviewed by the Code Enforcement Officer for compliance with all required fire safety codes including, but not limited to, the International Fire Code, and his comments and/or report shall be copied to the official Borough-designated fire company.
(e)
No temporary structures including, but not limited to, tents, canopies or travel trailers shall be erected or used for the sale and/or storage of fireworks at any time.
(h)
Storage of fireworks shall be permitted only as an accessory use to the sale of fireworks on premises.
(13)
(G13) Flex space. Combining office and manufacturing/research uses.
[Added 11-20-2006 by Ord. No. 954; amended 5-21-2007 by Ord. No. 958]
(14)
(G14) Food processing facility.
[Added 6-19-2017 by Ord. No. 1016]
(a)
A food processing facility shall not generate odor, noise, smoke, dust or any other objectionable environmental conditions.
(b)
All food processing activities shall be in compliance with Bucks County Health Department regulations and all applicable state and federal regulations and shall be conducted completely indoors.
(c)
The Bucks County Health Department and the Borough Zoning Officer reserve the right and shall be permitted to inspect operations and facilities without prior notice.
(d)
Loading areas/docks shall be screened in accordance with the regulations set forth in this chapter.
(e)
No outdoor storage shall be permitted on a lot on which a food processing facility is located.
(15)
(G15) Medical marijuana grower/processor. A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, who holds a permit issued by the Department of Health under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.
[Added 11-18-2019 by Ord. No. 1026]
(a)
A medical marijuana grower/processor shall provide proof of permit issued by the Department of Health and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be revoked or not renewed at any time, any special exception approval shall immediately become void.
(b)
A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
(c)
A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center, nor shall a medical marijuana grower/processor be located closer than 1,000 feet from another medical marijuana grower/processor or medical marijuana dispensary.
(d)
A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.
(e)
A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.
(f)
A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from, the Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
(g)
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is operating.
(h)
No one under the age of 18 shall be permitted in a medical marijuana grower/processor.
(i)
No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(j)
No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.
(k)
A medical marijuana grower/processor shall submit a security plan to, and obtain approval from, the Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
(l)
A medical marijuana grower/processor shall contract with a private security company, and the grower/processor shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.
(m)
A medical marijuana grower/processor shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.
H.
Accessory uses.
(1)
(I1) A home occupation for gain. A home occupation is an activity that:
(a)
Is customarily carried on in a dwelling unit.
(b)
Is clearly incidental and secondary to the use of the dwelling for residential purposes.
(c)
Conforms to the following regulations:
[1]
The home occupation shall be carried on wholly indoors and within the principal building.
[2]
There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted.
[3]
There shall be no exterior storage of materials.
[4]
No external alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.
[5]
No articles shall be sold or offered for sale except such as may be produced on the premises.
[6]
No repetitive servicing by truck for supplies and materials will be permitted. The term "repetitive" shall mean more than two truck visits per week, for the purposes of this section.
[7]
The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit plus not more than one additional employee.
[8]
The floor areas devoted to a home occupation shall not be more than 33% of the ground floor area of the principal residential structure.
[10]
Among the uses that shall not be interpreted to be a home occupation are the following: animal hospital, barber shop, beauty parlor, mortuary, restaurant, rooming, boarding, or lodging house, retail or wholesale store.
(d)
In particular, a home occupation includes, but is not limited to, the following: art studio, professional office of a lawyer, engineer, clergyman, architect, writer, or accountant.
(2)
(I2) Residential accessory uses. Including noncommercial greenhouses, tool shed, private garage, swimming pool or similar accessory structure, and other accessory uses customarily incidental to a permitted use and not normally conducted as an independent principal use; and not intended for the use by anyone other than the owner/occupant of the residential principal building, provided that any use accessory to a use permitted only under a special exception shall be established only if and as provided in such exception. Attached garages and carports are considered part of the principal building and are subject to the dimensional requirements of the principal building.
[Amended 10-18-2004 by Ord. No. 943]
(3)
(I3) Fences, walls and landscaping materials. Subject to the traffic visibility requirements and provisions in § 465-28.
(4)
(5)
(I5) Signs. Subject to the provisions and requirements of Article VII.
[Amended 11-18-2002 by Ord. No. 924]
(6)
(I6) Accessory retail and office uses. Retail and consumer service uses and office uses in the R-3 and R-4 Districts (unless the provisions of Uses C1 and C2 above are applicable, in which case they shall prevail), subject to the following provisions:
[Amended 11-18-2002 by Ord. No. 924]
(a)
The supplying of any of the following convenience goods and services, entirely at retail, shall be considered accessory uses to a garden apartment, midrise apartment or senior citizen housing.
(b)
The net floor area used for sales, services and offices shall not exceed 20% of the total floor area in any garden apartment, midrise apartment or senior citizen housing.
(7)
(I7) Temporary accessory uses. The Zoning Hearing Board may grant a special exception for a nonconforming temporary building or use incidental to a construction project or other special circumstances of a nonrecurring nature when such building or use is reasonably required for such project.
(a)
Such special exception shall be granted for an initial period of not more than one year from the date that the special exception was granted, and in the case of a building, only upon application accompanied by a bond and a bill of sale to the Borough to be effective in case the building is not removed prior to the expiration date of the special exception authorization.
(b)
Such special exception authorization may be renewed annually by the Zoning Hearing Board for an aggregate period of not more than three years.
(8)
(I8) Nonresidential accessory uses. Accessory buildings or structures, or uses customarily incidental to the uses permitted in P-1, C-1, C-2, C-3, C-4, L-I and I Districts in connection with such uses, except outside storage. Any use accessory to a use permitted only under a special exception shall be established only if and as provided in such exception.
[Amended 11-18-2002 by Ord. No. 924]
(9)
(I9) Outside storage or display.
(a)
Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:
[1]
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage or display.
[2]
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
(10)
(I10) Travel trailer and boats. Storage or parking subject to the following provisions:
(a)
In all districts, no more than one trailer or boat shall be stored on a lot.
(b)
Such trailers or boats must be unoccupied.
(c)
The provisions for outside storage included in § 465-17H(9)(a)[1] and [2] must be complied with.
(11)
(I11) Accessory drive-through. Any vehicle-related commercial facilities in which a service is provided or goods, food, or beverage are sold, to the operator of, or passengers in, a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. This use includes drive-up service in which a vehicle parks or idles in a designated space to receive service. Drive-throughs shall be accessory uses to the principal uses D4 Financial establishment and D6 Fast service eating establishment.
[Added 11-18-2019 by Ord. No. 1026]
(a)
General standards.
[1]
The drive-through facility shall be designed so as not to impede or impair vehicular and pedestrian traffic movements or exacerbate the potential for pedestrian/vehicular conflicts.
[2]
Drive-throughs located on pad sites in existing shopping centers shall have circulation patterns that are integrated with that of the center.
[3]
Hours of operation shall be set as a condition of the conditional use permit.
(b)
Location standards.
[1]
Drive-through uses may not be located across a street from residential zoning districts unless separated by an arterial street.
(d)
Stacking distance.
[1]
A stacking area is to be provided for cars waiting for drive-through service, which will be no less than six car lengths.
(e)
Setbacks.
(12)
(I12) Accessory outdoor dining/drinking area. An outdoor dining and food service area is an accessory use to the principal uses consisting of Use D5 Restaurant and Use D6 Fast service eating establishment, and are subject to the following requirements:
[Added 11-18-2019 by Ord. No. 1026; amended 12-16-2019 by Ord. No. 1027]
(a)
The outdoor dining area shall be limited to 800 square feet in area.
(b)
The outdoor dining area shall be open to the sky with the exception that it may have a retractable awning or umbrella and may contain furniture, including tables, chairs, and planters, that are easily portable and that can be moved inside the principal structure.
(c)
The outdoor dining area may not occupy areas that are required by the establishment to meet the parking requirements of this chapter.
(d)
Location of outdoor dining areas:
[1]
No outdoor dining or food service shall be permitted within the right-of-way of any street or within the sidewalk area or outside of the building setback lines for the structure.
[2]
Outdoor dining areas shall not interfere with vehicular or pedestrian traffic patterns.
[3]
Outdoor dining areas must provide an unobstructed pedestrian clear zone of at least five feet in width provided between the edge of curb and the edge of the adjacent building or edge of an outdoor dining area in those areas deemed appropriate by the Borough. Tables, chairs, umbrellas, service equipment, and planters shall be kept out of the unobstructed pedestrian clear zone.
[4]
A temporary or seasonal designed barrier element is encouraged to ensure a clear demarcation of these spaces. The height of such a barrier shall be no greater than 36 inches and constructed of a solid durable material easily anchored and removed in the paved space.
(e)
No outdoor service shall be provided before 7:00 a.m. or after 11:00 p.m. on Friday and Saturday, and before 7:00 a.m. or after 9:00 p.m. on Sunday through Thursday.
(f)
No outdoor use area shall interfere with safe pedestrian and vehicular traffic on or in the vicinity of the principal use.
(13)
(I13) Accessory brewing. Brewing operations licensed by the Pennsylvania Liquor Control Board conducted as an accessory use in conjunction with Use D5, Restaurant.
[Added 11-18-2019 by Ord. No. 1026]
(a)
The brewing operations at the premises shall be secondary to the primary use.
(b)
No more than 50% of the total gross floor area of the establishment shall be used for the brewing operations including, but not limited to, the brew house, boiling and water treatment areas, bottling and kegging lines, conditioning tanks and serving tanks.