New Hope City Zoning Code
ARTICLE V
Zoning District Regulations
§ 275-27 R1 Low-Density Residential District.
A.
Purpose. The purpose of the R1 District is to recognize and accommodate development at low densities in sections of the Borough where single-family development has occurred. Zoning regulations are designed to protect the character of the existing neighborhoods.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-14A, detached dwelling.
(c)
The use in § 275-14B, cluster development (Type 1 and Type 2).
[Amended 10-7-2008 by Ord. No. 2008-06]
(d)
The use in § 275-22A, no-impact home business.
(e)
The use in § 275-22C, accessory building, structure, or use.
(f)
The use in § 275-22D, temporary use or structure.
(g)
The use in § 275-22J, travel trailer/recreation vehicle storage.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 275-19B, Utilities.
(b)
The use in § 275-14H, bed-and-breakfast.
[Added 8-8-2007 by Ord. No. 2007-09]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.
(a)
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(3)(a), which permitted bed-and-breakfasts as a conditional use, was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(b).
(b)
The use in § 275-15C, libraries or museums.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
Use in § 275-14A, single-family detached dwellings:
(a)
Minimum lot area: 40,000 square feet.
(b)
Maximum impervious surface coverage: 25%.
(c)
Maximum building coverage: 15%.
(d)
Minimum lot width at street line: 150 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 35 feet.
[2]
Side (each): 15 feet.
[3]
Rear: 50 feet.
(2)
Other permitted uses, except use in § 275-14B, Cluster.
(a)
Minimum lot area: one acre.
(b)
Maximum impervious surface coverage: 40%.
(c)
Maximum building coverage: 30%.
(d)
Minimum lot width at street line: 150 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 50 feet.
[2]
Side (each): 20 feet.
[3]
Rear: 50 feet.
(3)
For cluster use, see § 275-14B.
§ 275-28 R2 Rural Residential District.
A.
Purpose. The purpose of the R2 District is to recognize and accommodate development at low densities in sections of the Borough where single-family development has occurred and where development intensities and densities shall be low to protect critical natural areas such as streams, slopes, woodlands and wetlands. Zoning regulations are designed to protect the character of the existing neighborhoods.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-14A, detached dwelling.
[Amended 10-7-2008 by Ord. No. 2008-06]
(c)
The use in § 275-22A, no-impact home business.
(d)
The use in § 275-22C, accessory building, structure, or use.
(e)
The use in § 275-22D, temporary use or structure.
(f)
The use in § 275-22J, travel trailer/recreation vehicle storage.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 275-19B, utilities.
(b)
The use in § 275-14H, bed-and-breakfast.
[Added 8-8-2007 by Ord. No. 2007-09]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.[1]
[1]
Editor’s Note: This subsection was amended 8-8-2007 by Ord. No. 2007-09 to repeal former Subsection B(3)(a), which permitted bed-and-breakfasts as a conditional use. See now Subsection B(2)(b).
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
All permitted uses:
(a)
Minimum lot area: two acres.
(b)
Maximum impervious surface coverage: 25%.
(c)
Maximum building coverage: 15%.
(d)
Minimum lot width at street line: 200 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 50 feet.
[2]
Side (each): 35 feet.
[3]
Rear: 50 feet.
§ 275-29 RB Borough Residential District.
A.
Purpose. The purpose of the RB Borough Residential District is to recognize and accommodate development outside of the central core of the Borough and at densities typical of Borough development. Zoning regulations are designed to protect the character of the existing neighborhoods.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-14A, detached dwelling.
(c)
The use in § 275-14C, two-family dwelling.
(d)
The use in § 275-15A, religious use.
(e)
The use in § 275-15C, libraries or museums.
(f)
The use in § 275-15E, public recreation facility.
(g)
The use in § 275-22A, no-impact home business.
(h)
The use in § 275-22C, accessory building, structure, or use.
(i)
The use in § 275-22D, temporary use or structure.
(j)
The use in § 275-15L, interpretive center.
[Added 12-19-2017 by Ord. No. 2017-06]
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 215-19B, utilities.
(b)
The use in § 275-22B, accessory office.
(c)
The use in § 275-22J, travel trailer/recreational vehicle storage.
(d)
The use in § 275-14H, bed-and-breakfast.
[Added 8-8-2007 by Ord. No. 2007-09]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.[1]
[1]
Editor’s Note: This subsection was amended 8-8-2007 by Ord. No. 2007-09 to repeal former Subsection B(3)(a), which permitted bed-and-breakfasts as a conditional use. See now Subsection B(2)(d).
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
The use in § 275-14A, single-family detached dwelling:
(a)
Minimum lot area: 6,500 square feet.
(b)
Maximum impervious surface coverage: 40%.
(c)
Maximum building coverage: 30%.
(d)
Minimum lot width at street line: 60 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 25 feet.
[2]
Side (each): 12 feet.
[3]
Rear: 35 feet.
(2)
The use in § 275-14C, two-family dwelling:
(a)
Minimum lot area: 6,500 square feet per unit.
(b)
Maximum impervious surface coverage: 40%.
(c)
Maximum building coverage: 30%.
(d)
Minimum lot width at street line: 60 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 25 feet.
[2]
Side (each): 10 feet.
[3]
Rear: 40 feet.
(3)
The use in § 275-15L, interpretive center:
[Added 12-19-2017 by Ord. No. 2017-06[2]]
(a)
Minimum lot area: 5,000 square feet.
(b)
Maximum impervious surface coverage: 30%.
(c)
Maximum building coverage: 25%.
(d)
Minimum lot width at street line: 50 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: five feet.
[2]
Side (each): 20 feet.
[3]
Rear: 20 feet.
[2]
Editor's Note: This ordinance also redesignated former Subsection C(3) as Subsection C(4).
(4)
Other permitted uses:
(a)
Minimum lot area: one acre.
(b)
Maximum impervious surface coverage: 40%.
(c)
Maximum building coverage: 30%.
(d)
Minimum lot width at street line: 150 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 50 feet.
[2]
Side (each): 20 feet.
[3]
Rear: 50 feet.
§ 275-30 RC Multifamily Residential District.
A.
Purpose. The purpose of the RC Residential District is to allow for residential and institutional development in a variety of forms.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-14A, detached dwelling.
(c)
The use in § 275-14C, two-family dwelling.
(d)
The use in § 275-14D, multifamily dwelling.
(e)
The use in § 275-14E, townhouse/attached dwelling.
(f)
The use in § 275-14F, residential conversion.
(g)
The use in § 275-15A, religious use.
(h)
The use in § 275-15B, schools.
(i)
The use in § 275-15E, public recreation facility.
(j)
The use in § 275-22A, no-impact home business.
(k)
The use in § 275-22C, accessory building, structure, or use.
(l)
The use in § 275-22D, temporary use or structure.
(m)
The use in § 275-22J, travel trailer/recreational vehicle storage.
(n)
The use in § 275-15K, Emergency services.
[Added 4-26-2011 by Ord. No. 2011-04]
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 275-14J, mobile home park.
(b)
The use in § 275-19B, utilities.
(c)
The use in § 275-24, off-premises outdoor advertising sign.
(d)
The use in § 275-14H, bed-and-breakfast.
[Added 8-8-2007 by Ord. No. 2007-09]
(e)
The use in § 275-14K, age-qualified housing.
[Added 8-8-2007 by Ord. No. 2007-09]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.[1]
[1]
Editor’s Note: This subsection was amended 8-8-2007 by Ord. No. 2007-09 to repeal former Subsection B(3)(a) and (b) which permitted, respectively, bed-and-breakfasts and age-qualified housing as conditional uses. See now Subsection B(2)(d) and (e).
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
The use in § 275-14A, single-family detached dwelling:
(a)
Minimum lot area: 20,000 square feet.
(b)
Maximum impervious surface coverage: 25%.
(c)
Maximum building coverage: 15%.
(d)
Minimum lot width at street line: 100 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 35 feet.
[2]
Side (each): 15 feet.
[3]
Rear: 50 feet.
(2)
The use in § 275-14C, two-family dwellings:
(a)
Minimum lot area: 6,500 square feet per dwelling unit.
(b)
Maximum impervious surface coverage: 40%.
(c)
Maximum building coverage: 30%.
(d)
Maximum lot width at street line: 60 feet.
(e)
Maximum building height: 35 feet.
(f)
Maximum yards (setbacks):
[1]
Front: 25 feet.
[2]
Side (each): 10 feet.
[3]
Rear: 40 feet.
(3)
The use in § 275-14D and E, multifamily apartment and multifamily townhouse/attached dwelling:
(a)
Minimum lot area-dwelling unit: 2,000 square feet per dwelling unit.
(b)
Minimum site area: 10 acres.
(c)
Maximum density: six dwelling units per acre.
(d)
Minimum open space required: 45%.
(e)
Maximum building coverage: 40%.
(f)
Maximum building height: 35 feet.
(g)
Maximum impervious surface ratio for site: 50%.
(h)
Minimum street frontage for site: 100 feet.
(i)
Minimum setback of buildings:
[1]
From side and rear property lines: 25 feet.
[2]
Front yard setback: not less than 25 feet for garages; not less than 10 feet for front of building.
(4)
The use in § 275-14F, residential conversion:
(a)
Minimum site area: 20,000 square feet.
(b)
Minimum lot area: 6,500 square feet per dwelling unit.
(c)
Maximum impervious surface ratio for site: 40%.
(d)
Maximum building coverage: 30%.
(e)
Maximum building height: 35 feet.
(f)
Minimum lot width: 60 feet.
(g)
Front yard setback: 25 feet.
(h)
Side yards: 10 feet.
(i)
Rear yard: 40 feet.
(j)
Maximum height: 35 feet.
(5)
For mobile homes, see § 275-14J.
(6)
For age-qualified housing, see § 275-14K.
(a)
Front yard setback: 50 feet.
(b)
Side yards: 50 feet.
(c)
Rear yard: 50 feet.
(7)
All other permitted uses:
(a)
Minimum lot area: one acre.
(b)
Maximum impervious surface coverage: 40%.
(c)
Maximum building coverage: 30%.
(d)
Minimum lot width at street line: 150 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 50 feet.
[2]
Side (each): 20 feet.
[3]
Rear: 50 feet.
(8)
The use in § 275-15K, Emergency services:
[Added 4-26-2011 by Ord. No. 2011-04[2]]
(a)
Minimum lot area: one acre.
(b)
Maximum impervious surface coverage: as allowed per approved stormwater management plan.
(c)
Maximum building coverage: 50%.
(d)
Minimum lot width at street line: 150 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setback):
[1]
Front: 50 feet.
[2]
Side (each): five feet minimum; 20 feet total.
[Amended 4-17-2012 by Ord. No. 2012-02]
[3]
Rear: 50 feet.
[2]
Editor’s Note: This ordinance originally added these area and dimensional requirements as Subsection C(4). The requirements were redesignated as Subsection C(8) 4-17-2012 by Ord. No. 2012-02.
§ 275-31 CC Central Commercial District.
[Amended 8-8-2007 by Ord. No. 2007-09; 1-16-2009 by Ord. No. 2009-02; 6-15-2010 by Ord. No. 2010-03; 2-18-2014 by Ord. No. 2014-01; 3-15-2016 by Ord. No. 2016-01; 5-19-2020 by Ord. No. 2020-01; 8-15-2023 by Ord. No. 2023-05]
A.
Purpose. The purpose of the CC District is to allow for a mix of residential and nonresidential uses which preserve historic buildings; allow for and/or retain nonresidential uses to serve the residents of the Borough; allow for and/or retain nonresidential uses for visitors and tourists to enjoy; and control bulk and height to maintain the small, historic Delaware River town scale.
B.
Uses permitted. A building or structure may be erected or altered to be used, either in whole or in part, and a lot may be used or occupied, for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including but not limited to yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Principal uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-14H, bed-and-breakfast.
(c)
The use in § 275-15A, religious use.
(d)
The use in § 275-15E, public recreation facility.
(e)
The use in § 275-17A, retail.
(f)
The use in § 275-17B, service business.
(g)
The use in § 275-17P, financial establishment.
(h)
The use in § 275-17L, retail food shop.
(i)
The use in § 275-17T, market.
(j)
The use in § 275-23C, multi-use building.
(2)
Uses permitted by right, above the street-level story.
(a)
The use in § 275-15F, private club.
(b)
The use in § 275-16A, general office.
(c)
The use in § 275-16B, government office.
(d)
The use in § 275-16D, medical office.
(3)
Accessory uses by right.
(a)
The use in § 275-22A, no-impact home business.
(b)
The use in § 275-22B, accessory office.
(c)
The use in § 275-22C, accessory building, structure, or use.
(d)
The use in § 275-22D, temporary structure or use.
(e)
The use in § 275-22F, outside storage.
(f)
The use in § 275-22I, accessory boarders and lodgers.
(g)
The use in § 275-22E, temporary tent or canopy.
(4)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 275-19B, utilities.
(b)
The use in § 275-22H, vending machine.
(5)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.
(a)
The use in § 275-17I, inn.
(b)
The use in § 275-17S, village restaurant.
(c)
The use in § 275-17D, restaurant.
(d)
The use in § 275-23C, multi-use building, with a § 275-17S, village restaurant or a § 275-17D, restaurant.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
All permitted uses, except the use in § 275-17T, market:
(a)
Minimum lot area: 4,000 square feet.
(b)
Maximum impervious surface coverage: 70%.
(c)
Maximum building coverage: 50%.
(d)
Minimum lot width at street line: 40 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 10 feet.
[2]
Side (each): six feet.
[3]
Rear: 15 feet.
(g)
Build-to line (maximum setback): 15 feet.
(2)
The use in § 275-17T, market:
(a)
Minimum lot area: 0.5 acre.
(b)
Minimum floor area of building: 7,500 square feet.
(c)
Maximum floor area of building: 20,000 square feet.
(d)
Maximum impervious surface coverage: 70%.
(e)
Maximum building coverage: 70%.
(f)
Minimum lot width at street line: 40 feet.
(g)
Maximum building height: 35 feet.
(h)
Minimum yards (setbacks):
[1]
Front: six feet.
[2]
Side: zero feet, aggregate 12 feet.
[3]
Rear: 10 feet.
(i)
Build-to-line (maximum setback): 15 feet.
§ 275-32 HC Highway Commercial District.
A.
Purpose. The purpose of the HC District is to allow for a mix of nonresidential uses that are appropriately located on major roads in a manner that protects the Borough street system from unsafe and congested conditions.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13A, commercial nursery/greenhouse.
(b)
The use in § 275-13B, keeping of dogs for commercial purposes.
(c)
The use in § 275-13C, forestry.
(d)
The use in § 275-14A, detached dwelling.
(e)
The use in § 275-14C, two-family dwelling.
(f)
The use in § 275-14F, residential conversion.
(g)
The use in § 275-14G, dwelling in combination with a business.
(h)
The use in § 275-15D, day-care center.
(i)
The use in § 275-15E, public recreation.
(j)
The use in § 275-15F, private club.
(k)
The use in § 275-15G, nursing home.
(l)
The use in § 275-15H, personal care facility.
(m)
The use in § 275-16A, general office.
(n)
The use in § 275-16B, government office.
(o)
The use in § 275-16C, veterinary office.
(p)
The use in § 275-16D, medical office.
(q)
The use in § 275-17A, retail.
(r)
The use in § 275-17B, service business.
(s)
The use in § 275-17C, repair service.
(t)
The use in § 275-17F, funeral home.
(u)
The use in § 275-17M, commercial school.
(v)
The use in § 275-17N, convenience store.
(w)
The use in § 275-17O, limited personal service.
(x)
The use in § 275-17P, financial establishment.
(y)
The use in § 275-17Q, indoor athletic facility.
(z)
The use in § 275-18A, parking area.
(aa)
The use in § 275-18B, motor vehicle gas station.
(bb)
The use in § 275-18C, motor vehicle service center/repair garage.
(cc)
The use in § 275-22A, no-impact home business.
(dd)
The use in § 275-22B, accessory office.
(ee)
The use in § 275-22C, accessory building, structure, or use.
(ff)
The use in § 275-22D, temporary use or structure.
(gg)
The use in § 275-22F, outside storage.
(hh)
The use in § 275-22H, vending machines.
(ii)
The use in § 275-22J, travel trailer/recreation vehicle storage.
(jj)
The use in § 275-22K, dwelling(s) in combination with a business.
[Added 1-16-2009 by Ord. No. 2009-02]
(kk)
The use in § 275-17L, retail food shop.
[Added 6-15-2010 by Ord. No. 2010-03]
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B(2)(a), which provided for retail food shops as a use by special exception, was repealed 6-15-2010 by Ord. No. 2010-03.
(b)
The use in § 275-19B, utilities.
(c)
The use in § 275-21A, warehousing and distribution.
(d)
The use in § 275-21B, contractor office.
(e)
The use in § 275-24, off-premises outdoors advertising sign.
(f)
The use in § 275-17D, restaurant.
[Added 8-8-2007 by Ord. No. 2007-09]
(g)
The use in § 275-17E, restaurant with drive-through service.
[Added 8-8-2007 by Ord. No. 2007-09]
(h)
The use in § 275-17G, commercial recreation and entertainment.
[Added 8-8-2007 by Ord. No. 2007-09]
(i)
The use in § 275-17H, theater.
[Added 8-8-2007 by Ord. No. 2007-09; amended 2-18-2014 by Ord. No. 2014-01]
(j)
The use in § 275-17I, inn.
[Added 8-8-2007 by Ord. No. 2007-09]
(k)
The use in § 275-17J, vehicle sales and service.
[Added 8-8-2007 by Ord. No. 2007-09]
(l)
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(2)(l), which provided for tents for commercial purposes as a use by special exception, added 8-8-2007 by Ord. No. 2007-09, was repealed 1-16-2009 by Ord. No. 2009-02.
(m)
The use in § 275-22G, takeout/drive-through window.
[Added 8-8-2007 by Ord. No. 2007-09]
(n)
The use in § 275-17R, formula restaurant.
[Added 11-14-2007 by Ord. No. 2007-12]
(o)
The use in § 275-17V, formula retail.
[Added 1-18-2022 by Ord. No. 2022-02; amended 3-21-2023 by Ord. No. 2023-03]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.
(a)
The use in § 275-15B, school.[3]
[3]
Editor’s Note: Former Subsection B(3)(b) through (i), which immediately followed this subsection and permitted, respectively, restaurants, restaurants with drive-through service, commercial recreation and entertainment uses, theaters or clubs, inns, vehicle sales and service, tents for commercial purposes and takeout/drive-through windows as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(f) through (m).
(b)
The use in § 275-17U, Medical marijuana dispensary.
[Added 9-21-2021 by Ord. 2021-02]
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
All permitted uses:
(a)
Minimum lot area: 40,000 square feet.
(b)
Maximum impervious surface coverage: 50%.
(c)
Maximum building coverage: 25%.
(d)
Minimum lot width at street line: 150 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 50 feet.
[2]
Side (each): 25 feet.
[3]
Rear: 35 feet.
§ 275-33 SC Shopping Center District.
A.
Purpose. The purpose of the SC District is to reflect the existing shopping center development in the Borough and to limit shopping-center-type development within this district.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-17O, limited personal service.
(c)
The use in § 275-17P, financial establishment.
(d)
The use in § 275-17Q, indoor athletic facility.
(e)
The use in § 275-18A, parking area.
(f)
The use in § 275-22D, temporary use or structure.
(g)
The use in § 275-22F, outside storage.
(h)
The use in § 275-22H, vending.
(i)
The use in § 275-17L, retail food shop.
[Added 6-15-2010 by Ord. No. 2010-03]
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B(2)(a), which provided for retail food shops as a use by special exception, was repealed 6-15-2010 by Ord. No. 2010-03.
(b)
The use in § 275-19B, utilities.
(c)
The use in § 275-17D, restaurant.
[Added 8-8-2007 by Ord. No. 2007-09]
(d)
The use in § 275-17E, restaurant with drive-through.
[Added 8-8-2007 by Ord. No. 2007-09]
(e)
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(2)(e), which provided for tents for commercial purposes as a use by special exception, added 8-8-2007 by Ord. No. 2007-09, was repealed 1-16-2009 by Ord. No. 2009-02.
(f)
The use in § 275-22G, takeout/drive-through window.
[Added 8-8-2007 by Ord. No. 2007-09]
(g)
The use in § 275-17R, formula restaurant.
[Added 11-14-2007 by Ord. No. 2007-12]
(h)
The use in § 275-17V, formula retail.
[Added 1-18-2022 by Ord. No. 2022-02; amended 3-21-2023 by Ord. No. 2023-03]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.
(a)
(Reserved)[3]
[3]
Editor’s Note: Former Subsection B(3)(a), which permitted restaurants as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(c).
(b)
(Reserved)[4]
[4]
Editor’s Note: Former Subsection B(3)(b), which permitted restaurants with drive-throughs as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(d).
(c)
The use in § 275-17K, Shopping center.
(d)
(Reserved)[5]
[5]
Editor’s Note: Former Subsection B(3)(d), which permitted tents for commercial purposes as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(e).
(e)
(Reserved)[6]
[6]
Editor’s Note: Former Subsection B(3)(e), which permitted takeout/drive-through windows as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(f).
(f)
The use in § 275-21C, Medical marijuana grower/processor.
[Added 9-21-2021 by Ord. 2021-02]
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
For shopping centers, § 275-17K.
(2)
All permitted uses, if located outside a shopping center:
(a)
Minimum lot area: 40,000 square feet.
(b)
Maximum impervious surface coverage: 50%.
(c)
Maximum building coverage: 25%.
(d)
Minimum lot width at street line: 100 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 100 feet.
[2]
Side (each): 50 feet.
[3]
Rear: 50 feet.
§ 275-34 MU Mixed Use District.
A.
The purpose of the Mixed Use District is to allow for a traditional mix of residential and office-type uses outside the center of the Borough, with standards to encourage a continuation of Borough development patterns.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-14A, detached dwelling.
(c)
The use in § 275-14C, two-family dwelling.
(d)
The use in § 275-14L, traditional neighborhood development.
(e)
The use in § 275-15E, public recreation.
(f)
The use in § 275-16A, general office.
(g)
The use in § 275-18A, parking area.
(h)
The use in § 275-22A, no-impact home business.
(i)
The use in § 275-22B, accessory office.
(j)
The use in § 275-22C, accessory building, structure, or use.
(k)
The use in § 275-22D, temporary use or structure.
(l)
The use in § 275-23B, Historic river hospitality use.
[Added 6-11-2008 by Ord. No. 2008-03]
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 275-15D, day-care center.
(b)
The use in § 275-19B, utilities.
(c)
The use in § 275-14D, Multifamily/apartment housing.
[Added 8-8-2007 by Ord. No. 2007-09]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.[1]
[1]
Editor’s Note: This subsection was amended 8-8-2007 by Ord. No. 2007-09 to repeal former Subsection B(3)(a) which permitted multifamily/apartment housing as a conditional uses. See now Subsection B(2)(c).
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
The use in § 275-14D, multifamily/apartment housing: In addition to the requirements of § 275-14D, the following regulations shall apply:
(a)
Minimum lot size: five acres.
(b)
Maximum density: 10 units per acre.
(c)
Maximum impervious surfaces: 50%.
(d)
Maximum building coverage: 25%.
(e)
Maximum building height: 35 feet.
(f)
Yards:
[1]
Front yard: 40 feet.
[2]
Side yards: 20 feet.
[3]
Rear yard: 35 feet.
(2)
For traditional neighborhood development, see regulations in § 275-14L.
(3)
All other permitted uses:
(a)
Minimum lot area: 20,000 square feet.
(b)
Maximum impervious surface coverage: 50%.
(c)
Maximum building coverage: 25%.
(d)
Minimum lot width at street line: 100 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 40 feet.
[2]
Side (each): 20 feet.
[3]
Rear: 35 feet.
§ 275-35 PRD Planned Residential Development District.
A.
Purpose. The purpose of the PRD District is to reflect the existing development at Village II and Riverwoods.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-14M, planned residential development.
(c)
The use in § 275-22A, no-impact home business.
(d)
The use in § 275-22D, temporary use or structure.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 275-19B, utilities.
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, Conditional Uses, are met.
(a)
None.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
The use in § 275-14M, planned residential development:
(a)
General requirements.
[1]
Minimum tract or site area: 100 acres.
[2]
Housing types permitted:
[a]
The use in § 275-14A, detached dwelling.
[b]
The use in § 275-14E, townhouse/attached dwelling.
[3]
Maximum site density: 2.4 units per acre.
[4]
Minimum open space for site: 25%.
[5]
Maximum impervious cover for site: 25%.
[6]
Maximum building coverage per lot: 30%.
(b)
Standards for single-family detached units:
[1]
Minimum lot area: 6,500 square feet.
[2]
Minimum lot width at street line: 65 feet.
[3]
Maximum building height: 35 feet.
[4]
Minimum yards (setbacks):
[a]
Front: 20 feet.
[b]
Side: five feet minimum; aggregate of 24 feet for both.
[c]
Rear: 20 feet.
(c)
Standards for townhouses:
[1]
Minimum lot area: 2,667 square feet.
[2]
Minimum lot width at street line: 20 feet.
[3]
Maximum building height: 35 feet.
[4]
Minimum yards (setbacks):
[a]
Front: 12 feet.
[b]
Rear: 20 feet.
§ 275-36 LI Light Industrial District.
A.
Purpose. The purpose of the LI District is to allow light industrial uses and development near the center of the Borough and to reflect the redevelopment of Union Camp.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13A, nursery/greenhouse.
(b)
The use in § 275-13C, forestry.
(c)
The use in § 275-15E, public recreation facility.
(d)
The use in § 275-21A, warehousing and distribution.
(e)
The use in § 275-22A, no-impact home business.
(f)
The use in § 275-22D, temporary use or structure.
(g)
The use in § 275-22J, travel trailer/recreation vehicle storage.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 275-15I, nonfamily community residential facility.
(b)
The use in § 275-19B, utilities.
(c)
The use in § 275-21B, contractor.
(d)
The use in § 275-24, off-premises outdoor advertising sign.
(e)
The use in § 275-15D, day-care center.
[Added 8-8-2007 by Ord. No. 2007-09]
(f)
The use in § 275-18A, parking area.
[Added 8-8-2007 by Ord. No. 2007-09]
(g)
The use in § 275-19A, railroad station.
[Added 8-8-2007 by Ord. No. 2007-09]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.
(a)
The use in § 275-15C, library/museum.
(b)
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B(3)(b), which permitted day-care centers as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(e).
(c)
The use in § 275-15J, events center.
(d)
(Reserved)[2]
[2]
Editor’s Note: Former Subsection B(3)(d), which permitted parking areas as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(f).
(e)
(Reserved)[3]
[3]
Editor’s Note: Former Subsection B(3)(e), which permitted railway stations as conditional uses was repealed 8-8-2007 by Ord. No. 2007-09. See now Subsection B(2)(g).
(f)
The use in § 275-23, coordinated development.
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV shall apply.
(1)
All permitted uses, except the use in § 275-23, coordinated development:
(a)
Minimum lot area: 30,000 square feet.
(b)
Maximum impervious surface coverage: 50%.
(c)
Maximum building coverage: 25%.
(d)
Minimum lot width at street line: 100 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 50 feet.
[2]
Side (each): 20 feet.
[3]
Rear: 50 feet.
(2)
For coordinated development, see § 275-23.
§ 275-37 LC Limited Commercial District.
A.
Purpose. The purpose of the LC District is to allow limited commercial and residential uses in an area that is transitional between residential and central commercial districts.
B.
Uses permitted. A building or structure may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that every use, building, and structure shall comply with all applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-13C, forestry.
(b)
The use in § 275-14A, detached dwelling.
(c)
The use in § 275-14C, two-family dwelling.
(d)
The use in § 275-14F, residential conversion.
(e)
The use in § 275-14G, dwelling in combination with a business.
(f)
The use in § 275-14H, bed-and breakfast.
(g)
The use in § 275-15A, religious use.
(h)
The use in § 275-15E, public recreation facility.
(i)
The use in § 275-16A, general office.
(j)
The use in § 275-16B, government office.
(k)
The use in § 275-17A, retail.
(l)
The use in § 275-17B, service business.
(m)
The use in § 275-22A, no-impact home business.
(n)
The use in § 275-22B, accessory office.
(o)
The use in § 275-22C, accessory building, structure, or use.
(p)
The use in § 275-22D, temporary use or structure.
(q)
The use in § 275-22I, accessory residential apartment.
(2)
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board and when all conditions of Article IV, Use Regulations, are met.
(a)
The use in § 275-19B, utilities.
(b)
The use in § 275-16D, medical office.
(c)
The use in § 275-22J, travel trailer/recreational vehicle storage.
(d)
The use in § 275-18A, parking area.
[Added 8-8-2007 by Ord. No. 2007-09]
(3)
Conditional uses. The following uses shall be permitted when authorized as a conditional use by the Borough Council and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.[1]
[1]
Editor’s Note: This subsection was amended 8-8-2007 by Ord. No. 2007-09 to repeal former Subsection B(3)(a) which permitted parking areas as conditional uses. See now Subsection B(2)(d).
C.
Area and dimensional requirements. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in Article IV, Use Regulations, for the specific use, in which case the requirements of Article IV, shall apply.
(1)
The use in § 275-14A, detached dwellings:
(a)
Minimum lot area: 6,500 square feet.
(b)
Maximum impervious surface coverage: 50%.
(c)
Maximum building coverage: 40%.
(d)
Minimum lot width at street line: 40 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 10 feet.
[2]
Side (each), unless use is in an attached structure: five feet.
[3]
Rear: 15 feet.
(g)
Build-to line (maximum setback): 15 feet.
(2)
The use in § 275-14G, and all other permitted nonresidential uses.
(a)
Minimum lot area:
[1]
The use in § 275-14G: 12,000 square feet.
[2]
All other uses: 10,000 square feet.
(b)
Maximum impervious surface coverage: 50%.
(c)
Maximum building coverage: 40%.
(d)
Minimum lot width at street line: 50 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards (setbacks):
[1]
Front: 10 feet.
[2]
Side (each), unless use is in an attached structure: five feet.
[3]
Rear: 15 feet.
(g)
Build-to line (maximum setback): 15 feet.
(3)
All other permitted residential uses, except the use in § 275-14G:
(a)
Minimum lot area: 4,000 square feet.
(b)
Maximum impervious surface: 50%.
(c)
Maximum building coverage: 40%.
(d)
Minimum lot width: 50 feet.
(e)
Maximum building height: 35 feet.
(f)
Minimum yards:
[1]
Front yard: 10 feet.
[2]
Side yards: five feet.
[3]
Rear yard: 15 feet.
(g)
Build-to line: 15 feet.
§ 275-37.1 Riverfront Cultural District (Overlay).
[Added 2-18-2014 by Ord. No. 2014-01; amended 5-19-2020 by Ord. No. 2020-02; 10-21-2025 by Ord. No. 2025-05]
A.
Purpose. The primary purpose and intent of the Riverfront Cultural District is to support and enhance downtown New Hope as the cultural and historic center of New Hope Borough, with a focus on the Delaware River. The design of the Riverfront Cultural District is to promote the goals and objectives of the 2008 New Hope Borough Riverfront Revitalization Strategic Plan, as amended, as adopted by Council. Those goals and objectives include, but are not limited to:
(1)
The continued use of existing historic, cultural and entertainment enterprises on properties within the zoning district;
(2)
The provision of permanent public access to the Delaware River and adjoining parkland;
(3)
The revitalization of existing structures on properties with frontage along the Delaware River;
(4)
The development of facilities that will support and complement the cultural institutions within the zoning district; and
(5)
The development and redevelopment of land, either individually or collectively, in support of the 2008 New Hope Borough Riverfront Revitalization Strategic Plan, as amended.
B.
Overlay zoning district effect.
(1)
The Riverfront Cultural District is an overlay zone, designed to encourage the goals and objectives set forth in Subsection A. It provides an alternative set of regulations to those set forth in the primary zoning district classification established by this Zoning chapter.
(2)
Within the areas mapped as the Riverfront Cultural Zoning District, a property may be used for any use permitted in either the Riverfront Cultural Zoning District or the primary zoning district, but not both. Not all uses permitted in the primary zoning district are permitted in the Riverfront Cultural Zoning District, and vice versa. Not all properties located within the Riverfront Cultural Zoning District will meet the minimum requirements to conduct a use permitted in the Riverfront Cultural Zoning District. Such properties will remain subject to the regulations applicable to the primary zoning district classification, and the Riverfront Cultural Zoning District regulations will have no effect on such properties.
(3)
In any case where the standards and requirements of a use permitted in the Riverfront Cultural District vary from those set forth in Article IV, Use Regulations, of this chapter, the standards and requirements of the Riverfront Cultural District shall apply.
C.
Uses permitted. Subject to the requirements of this section, a building or structure in the Riverfront Cultural District may be erected or altered to be used either in whole or in part, and a lot may be used or occupied for any one of the following uses and no other, provided that every use, building and structure shall comply with all additional applicable regulations of this chapter, including yards, lot area, lot width, building area and height, impervious surface, buffers, easements, off-street parking, and other requirements as specified by this chapter.
(1)
Uses by right.
(a)
The use in § 275-17H, theater, as modified in this section.
(b)
The use in § 275-17I, inn, as modified in this section.
(c)
The use in § 275-22A, no-impact home business.
(d)
The use in § 275-22B, accessory office.
(e)
The use in § 275-22C, accessory building, structure or use.
(f)
The use in § 275-22D, temporary structure or use.
(g)
The use in § 275-22E, temporary tent or canopy, as modified in this section.
(h)
The use in § 275-22F, outside storage.
(2)
Uses by special exception.
(a)
The use in § 273-22H, vending machine.
(3)
Uses by conditional use: none.
D.
Additional use criteria; area and dimensional requirements.
(1)
Use in § 275-17H, theater.
(a)
In addition to performances, a theater use may be conducted or be used for business meetings, educational programs, fund-raising or community events, private events and receptions and other similar activities.
(b)
Noise and sound; hours. The provisions of § 275-17H(2) shall not apply to the sound or noise, or the hours, of the activities conducted in connection with a theater use in the Riverfront Cultural District. The following shall apply:
[1]
Outdoor performances shall be conducted only in an area of the property adjacent to the building's front facade, but not in any area reserved for parking.
[2]
Nonperformance-type functions, such as community, private or business events, may be conducted in any area of the property except those areas reserved for parking.
[3]
All outdoor activities shall end no later than the hours prescribed for the sale of liquor issued under a performing arts facility license under the rules and regulations of the Pennsylvania Liquor Control Board.
[4]
All sound, noise and music, whether indoor or outdoor, generated by any activity at a theater use shall be subject to the New Hope Borough Noise Ordinance,[1] as amended; the rules and regulations of the Pennsylvania Liquor Control Board; and any other governmental agency having jurisdiction.
[1]
Editor's Note: See Ch. 192, Noise.
(c)
Eating activities. A theater use may serve food and beverages as an accessory use. The provisions of § 275-17H(1) shall not apply to the accessory beverage or eating activities conducted in connection with the theater use in the Riverfront Cultural District. The eating and beverage activities shall be subject to the following criteria:
[1]
Any outdoor eating area shall be limited to table or counter service only. There shall be no outdoor food or beverage preparation. Subject to Subsection D(1)(c)[7] below, there shall be no outdoor food or beverage service areas, such as bars, concession area(s) or similar service amenities.
[2]
The outdoor eating and beverage area may not occupy a street right-of-way, sidewalk area or the required minimum width of the promenade/riverwalk area.
[3]
The outdoor eating and beverage area may be covered by a retractable and/or removable awning, umbrella, canopy, tent or roof.
[4]
Any sale of alcohol shall be subject to the hours and rules and regulations of the specific liquor license issued by the Pennsylvania Liquor Control Board.
[5]
A specific accessory use/occupancy permit is required for the eating and beverage activities. All requirements of the Bucks County Health Department and the Pennsylvania Liquor Control Board shall be met before issuance of a use/occupancy permit for the eating and beverage activities.
[6]
The eating and beverage activities must be connected to public water and public sanitary sewer facilities.
[7]
An outdoor bar and/or concession area shall be permitted on a temporary basis if all the following criteria are met:
[a]
The theater use is being conducted in an existing building or structure that is designated an historic structure (significant resource) in the New Hope Borough Historic District.
[b]
The outdoor bar and/or concession area is used in the front yard, is used only for the duration of a performance or nonperformance event at the theater, and is limited to 215 square feet.
[c]
If the outdoor bar and/or concession area is in the rear yard, the owner and/or operator of the theater use must intend to rehabilitate the historic structure and enclose the temporary outdoor bar and/or concession area within one year from the effective date of a revision to the floodplain map applicable to the property issued by the Federal Emergency Management Agency.
[d]
The Borough Council may, upon conditional use approval, extend the temporary outdoor bar and/or concession area in the rear yard for additional periods of up to one-hundred-eighty-day increments, provided that the owner and/or operator of the theater use is making substantial progress in its efforts to secure a revision to the floodplain map and its construction efforts to enclose the area.
[e]
The temporary outdoor bar and/or concession area shall meet the criteria applicable to outdoor service as set forth in this Subsection D(1)(c).
[f]
After the temporary outdoor bar and/or concession area in the rear yard is enclosed as required by this Subsection D(1)(c)[7], the restrictions contained in Subsection D(1)(c)[1] shall apply.
(d)
Area and dimensional requirements:
[1]
Minimum lot area: one acre.
[2]
Maximum impervious surface coverage: 75%.
[3]
Maximum building coverage: 50%.
[4]
Minimum lot width at the street line: 40 feet.
[5]
Maximum building height: 35 feet.
[6]
Minimum yards [subject to Subsection D(1)(d)[7] below]:
[a]
Front: 10 feet.
[b]
Rear: 15 feet.
[c]
Side: six feet.
[7]
Where a yard abuts or contains a floodway, the minimum yard shall be the greater of the floodway line or the applicable yard setback.
(e)
Off-street parking. Subject to the provisions of this Subsection D(1)(e), all requirements of Article VIII, Off-Street Parking, of Chapter 275 of the Code shall be met for a theater use conducted in the Riverfront Cultural District. The Borough Council may, upon conditional use approval, reduce the number of off-street parking spaces required for a theater use and any accessory use conducted in connection with the theater use where the applicant demonstrates that no additional on-site parking can be provided.
(f)
Parking area; use size. To the extent located in the New Hope Borough Historic District, the restrictions set forth in § 275-46C(8)(c) and (e) shall not apply to a theater use conducted in the Riverfront Cultural District.
(2)
Use in § 275-17I, inn.
(a)
For purposes of the Riverfront Cultural District, an "inn" shall mean a single building containing at least 12 rooms for rent for the accommodation of transient guests, with permitted accessory activities as described in this subsection.
(b)
An inn use conducted in the Riverfront Cultural District may contain a restaurant and/or village restaurant, with related bar/tavern areas, as an accessory use. Such restaurant use shall meet the criteria of § 275-17D or S, as applicable, of this chapter, except as follows:
[1]
An outdoor eating area that is part of the building containing the inn use may be covered with a permanent roof; and if such area is at least at or above the second story, such area may project up to five feet beyond the building wall.
[2]
Outdoor eating areas not part of the building containing the inn use shall meet the applicable setbacks for the Riverfront Cultural District; provided, however, that the outdoor eating area may not occupy any area of a riverwalk/promenade required under Subsection E below to remain unobstructed.
(c)
An inn may also include, as accessory uses, conference rooms, business meeting or private function rooms, retail shops, retail stores and/or accessory offices in connection with the inn and its accessory activities.
(d)
Area and dimensional requirements:
[1]
Minimum lot area: 20,000 square feet.
[2]
Maximum impervious surface coverage: 75%.
[3]
Maximum building coverage: 50%.
[4]
Minimum lot width at the street line: 40 feet.
[5]
Maximum building height: 35 feet, subject to Subsection D(2)(e) below.
[6]
Minimum yards [subject to Subsection D(2)(d)[7] below]:
[a]
Front: 10 feet.
[b]
Rear: 15 feet.
[c]
Side: six feet.
[7]
Where a yard abuts or contains a floodway, the minimum yard shall be the greater of the floodway line or the applicable yard setback.
(e)
Building height. The architectural elements of a building or structure not designed or used for occupancy which are included solely for the purpose of enhancing the historic and cultural character of the Riverfront Cultural District or which cover transient aspects/spaces of the building (such as a stair tower) may exceed the 35 feet maximum upon conditional use approval by Borough Council. The following specific criteria shall be met:
[1]
Any projection exceeding 35 feet shall be measured from the mean elevation of the finished grade at the street side of the building or structure to the highest point on the projection.
[2]
Any projection exceeding 35 feet shall not exceed the height of any existing structure in the Riverfront Cultural District that is nonconforming with respect to height.
[3]
Any projection exceeding 35 feet shall be designed to enhance the architectural and historic nature of the Riverfront Cultural District.
[4]
Architectural drawings shall be submitted showing in detail the design, materials and scale of the proposed projection. Photo simulations of the proposed building shall be prepared to show the impact on surrounding areas.
[5]
The area of the footprint of the projection exceeding 35 feet shall be no more than 10% of the footprint of the building to which it is attached.
(f)
Off-street parking. All requirements of Article VIII, Off-Street Parking, of Chapter 275 of the Code shall be met for an inn use conducted in the Riverfront Cultural District. The Borough Council may, upon conditional use approval, reduce the number of off-street parking spaces required for an inn use and any accessory use conducted in connection with the inn use where the applicant demonstrates that no additional on-site parking can be provided.
(g)
Parking area; use size. To the extent located in the New Hope Borough Historic District, the restrictions set forth in § 275-46C(8)(c) and (e) shall not apply to an inn use conducted in the Riverfront Cultural District.
(3)
All other uses permitted in the Riverfront Cultural District shall meet the area and dimensional requirements for such uses as set forth in the CC Central Commercial Zoning District, except as set forth below:
(a)
Any temporary tent or canopy accessory use (the use in § 275-22E) conducted in the Riverfront Cultural District shall not exceed 1,500 square feet.
E.
Special Delaware River provisions.
(1)
Required riverwalk. If a property in the Riverfront Cultural District has frontage along the Delaware River, in order to conduct a use permitted in the Riverfront Cultural District, such property must provide a hard surface trail, promenade and/or riverwalk along the entire length of the riverfront frontage, in accordance with the provisions of this Subsection E. Where, upon the recommendation of the Borough Engineer, the property's physical characteristics do not permit strict compliance with the provisions of this Subsection E, such relevant dimensional requirement may be reduced or altered by Council upon conditional use approval.
(2)
Prior to the issuance of a building or other permit authorizing construction activities for the required trail, promenade and/or riverwalk, the required riverwalk shall be reviewed and approved by the New Hope Borough Engineer for compliance with the applicable provisions of the New Hope Borough Subdivision and Land Development Ordinance[2] and the provisions of this Subsection E.
[2]
Editor's Note: See Ch. 237, Subdivision and Land Development.
(3)
The trail, promenade and/or riverwalk shall be subject to the following criteria:
(a)
The trail, promenade and/or riverwalk shall be generally consistent with the 2008 New Hope Borough Riverfront Revitalization Strategic Plan, as amended.
(b)
The minimum width of the trail, promenade and/or riverwalk shall be 10 feet. No portion of the promenade may be occupied by any vendor, transient use or a use permitted in the Riverfront Cultural Overlay District or in the underlying primary zoning district. The foregoing restriction shall not be interpreted to prohibit use of the promenade by artists, photographers or other similar crafts for short-term (e.g., daily) noncommercial events, provided that such short-term occupancy does not block use of and access to and along the promenade by the public.
(c)
Connections to the trail, promenade and/or riverwalk shall be provided to any adjacent properties with frontage along the Delaware River in the Riverfront Cultural District. Locations for permanent access to the trail, promenade and/or riverwalk shall be provided.
(d)
The trail, promenade and/or riverwalk shall be located as close to the edge of the floodway of the Delaware River as possible, but in all cases shall comply with the provisions of § 275-43 of this chapter regarding floodplain regulations. The provisions of § 275-38 of this chapter shall not apply to the required trail, promenade and/or riverwalk.
(e)
The owner shall submit a maintenance and easement agreement, in recordable form, to New Hope Borough for approval by the New Hope Borough Solicitor. The maintenance and easement shall establish a mechanism for permanent public access to the trail, maintenance and repair of the trail, insurance and indemnity provisions, and other customary provisions.
F.
Modification of special dimensional and resource protection standards.
(1)
The provisions of § 275-40 shall not apply to the Riverfront Cultural Overlay District.
(2)
Subsection B (regarding steep slopes), Subsection C (regarding woodlands) and Subsection F (regarding riparian buffer) of § 275-42 of this chapter may be modified upon conditional use approval by Borough Council, as necessary to accommodate the uses permitted and the riverwalk required in the Riverfront Cultural Overlay District.
