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Newtown City Zoning Code

ARTICLE VI

Districts

§ 550-28 BR-1 Borough Residential District-1.

Purpose. The purpose of the BR-1 District is to recognize existing development in the northern and eastern sections of the Borough where single-family development has occurred. Zoning regulations are designed to protect the character of the existing neighborhoods.
A. 
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) 
Single-family detached dwelling.
(b) 
Cemetery.
(c) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(d) 
Forestry.
(e) 
Municipal building.
(f) 
Public recreation facility.
(g) 
Home occupation - Types 1 (no-impact home-based business) and 3.
(h) 
Residential accessory structure.
(i) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Bed-and-breakfast.
(b) 
Public utility.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
B. 
Table of dimensional regulations for all uses. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
15,000 square feet
Maximum impervious surface coverage
50%
Maximum building coverage ratio
20%
Minimum lot width at street line
100 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front(2)
35 feet
Side (each)
15 feet
Rear
30 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.
(2)
For corner lots, one of the front yards may be reduced to a minimum of 30 feet.

§ 550-29 BR-2 Borough Residential District-2.

Purpose. The purpose of the BR-2 District is to recognize existing residential development in the core sections of the Borough where residential development in a variety of forms has occurred. Zoning regulations are designed to protect the character of the existing neighborhoods and to allow for flexibility in accommodating development that is consistent with the character of these neighborhoods.
A. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.
(1) 
Uses by right.
(a) 
Single-family detached dwelling.
(b) 
Two-family dwellings.
(c) 
Cemetery.
(d) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(e) 
Forestry.
(f) 
Municipal building.
(g) 
Public recreation facility.
(h) 
Home occupation - Types 1 (no-impact home-based business) and 3.
(i) 
Residential accessory structures.
(j) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Bed-and-breakfast.
(b) 
Boarding - limited to no more than two boarders.
(c) 
Nursing home.
(d) 
Personal care facility.
(e) 
Place of worship.
(f) 
Public utility.
(g) 
Residential conversion.
(h) 
School.
(i) 
Home occupation, Type 2 - accessory office.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
B. 
Table of dimensional regulations for all uses. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
6,000 square feet
Maximum impervious surface coverage
55%
Maximum building coverage ratio
30%
Minimum lot width at street line
60 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front(2)
20 feet
Side
15 feet total; minimum of 5 feet
Rear
25 feet
Maximum front yard - build-to line
25 feet or the average of the setbacks of existing development within the same block.
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply. For residential uses, the minimum lot area per dwelling unit on any one lot shall be 6,000 square feet.
(2)
For corner lots, one of the front yards may be reduced to a minimum of 10 feet.

§ 550-30 BR-3 Borough Residential District-3.

Purpose. The purpose of the BR-3 District is to recognize existing residential development in the residential sections of the Borough adjacent to the town center and adjacent to the industrial areas. Zoning regulations are designed to protect the character of the existing neighborhoods and to allow for flexibility in accommodating residential development and suitable institutional uses that are consistent with the character of these neighborhoods.
A. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.
(1) 
Uses by right.
(a) 
Single-family detached dwelling.
(b) 
Two-family dwelling.
(c) 
Boarding.
(d) 
Cemetery.
(e) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(f) 
Forestry.
(g) 
Municipal building.
(h) 
Public recreation facility.
(i) 
Home occupation - Types 1 (no-impact home-based business) and 3.
(j) 
Residential accessory structures.
(k) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Bed-and-breakfast.
(b) 
Home occupation, Type 2 - accessory office.
(c) 
Library or museum.
(d) 
Nursing home.
(e) 
Personal care facility.
(f) 
Place of worship.
(g) 
Public utility.
(h) 
Residential conversion.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Microwave or satellite dish antenna.
(b) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
B. 
Table of dimensional regulations for all uses. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
3,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
40%
Minimum lot width at street line for detached dwellings (except 2-family dwelling)
50 feet
Minimum lot width per dwelling unit of a 2-family dwelling at the street line
30 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front(2)
20 feet
Side
15 feet total; minimum of 5 feet
Rear
25 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no specific lot area is specified, then the minimum lot area in this chart shall apply.
(2)
For corner lots, one of the front yards may be reduced to a minimum of 10 feet. Front yards may be reduced to 10 feet if the predominant front yard setbacks is less than 20 feet on the block in which the building is located.

§ 550-31 BR-4 Borough Residential District-4.

Purpose. The purpose of the BR-4 District is to recognize existing multifamily and mixed use development and to set standards for new development that reflect the existing character of the Borough's exceptional multifamily development, with appropriate provisions for office uses.
A. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers and off-street parking.
(1) 
Uses by right.
(a) 
Single-family detached dwelling.
(b) 
Two-family dwelling.
(c) 
Multifamily dwelling - apartment-style.
(d) 
Townhouse/attached dwelling.
(e) 
Boarding.
(f) 
Cemetery.
(g) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(h) 
Forestry.
(i) 
Municipal building.
(j) 
Place of worship.
(k) 
Public recreation facility.
(l) 
Home occupation - Types 1, 3, 4.
(m) 
Residential accessory structure.
(n) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Home occupation - Type 2.
(b) 
Bed-and-breakfast.
(c) 
Business or professional office.
(d) 
Library or museum.
(e) 
Nursing home.
(f) 
Personal care facility.
(g) 
Medical office.
(h) 
Public utility.
(i) 
Residential conversion.
(j) 
School.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Microwave or satellite dish antenna.
(b) 
Mobile home park.
(c) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
B. 
Table of dimensional regulations for single-family detached dwellings and all nonresidential uses.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
4,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
35%
Minimum lot width at street line
50 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front(2)
20 feet
Side
15 feet total; minimum of 5 feet
Rear
25 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.
(2)
For corner lots, one of the front yards may be reduced to a minimum of 10 feet.
C. 
Table of dimensional regulations for two-family dwellings and residential conversions.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area per dwelling unit
3,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
35%
Minimum lot width per dwelling at street line
30 feet
Maximum building coverage ratio
35%
Maximum building height
35 feet
Minimum yards (setbacks)
Front(1)
20 feet
Side(2)
10 feet
Rear
25 feet
NOTES:
(1)
For corner lots, one of the front yards may be reduced to a minimum of 10 feet.
(2)
One side yard only is required for twin dwellings where the dwelling units are attached and side by side.
D. 
Table of dimensional regulations for multifamily dwellings and townhouse/attached dwellings:
[Amended 5-8-2007 by Ord. No. 681]
(1) 
Maximum impervious surface coverage for the site: 60%.
(2) 
Maximum impervious surface coverage per lot: 70%.
(3) 
Maximum building coverage ratio: 35%.
(4) 
Maximum building height: 35 feet.
(5) 
Minimum tract size: three acres.
(6) 
Additional standards for townhouse-type development:
(a) 
Maximum density on net buildable site area: 7.5 units per acre.
(b) 
Principal buildings may not be located closer than 30 feet to any perimeter lot or street line (does not apply to internal streets or to lot lines created by the subdivision)
(c) 
Yard requirements for individual units:
[1] 
Front: five feet.
[2] 
Side (at end of row of units only): 10 feet.
[3] 
Rear: 20 feet.
(d) 
Minimum lot width at street line: 24 feet.
(e) 
Minimum distance between enclosed garages and any lot line: five feet.
(f) 
Minimum lot area per dwelling: 3,000 square feet.[1]
[1]
Editor's Note: Original Subsection E, Traditional Neighborhood Development, which immediately followed this subsection, was repealed 2-12-2011 by Ord. No. 711.
E. 
Mobile home park. All requirements of Article IV, § 550-14A(8), of this chapter and Chapter 486, Subdivision and Land Development, for mobile home parks shall be met.
[Amended 11-10-2020 by Ord. No. 774]

§ 550-32 BPS Borough professional service district.

Purpose. The purpose of the Borough Professional Service District is to regulate the limited office uses along Washington Avenue adjacent to the BR-1 District.
A. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.
(1) 
Uses by right:
(a) 
Business and professional office.
(b) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(c) 
Forestry.
(d) 
Medical office.
(e) 
Municipal building.
(f) 
Veterinary office.
(g) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article Use Regulations, are met.
(a) 
Public utility.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Microwave or satellite dish antenna.
(b) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
B. 
Table of dimensional regulations for all uses. All uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
15,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
45%
Minimum lot width at street line
100 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front
25 feet
Side
25 feet each
Rear
50 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.
C. 
Buffer requirements. A planted buffer at least 20 feet in width shall be placed along the side and rear property lines where a use in the BPS Districts abuts a residential use or district.
D. 
Parking. All off-street parking shall be located in the rear yard and may occupy the 50% of the required rear yard setback that lies closest to the principal building and farthest from the rear property line.

§ 550-33 TC Town Center.

Purpose. The purpose of the TC District is to allow for growth and flexibility in the use and reuse of the commercial core along State Street. Primary uses are residences, dwellings in combination with businesses, and a variety of retail, service, office, restaurants, and recreational uses.
A. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.
(1) 
Uses by right:
(a) 
Single-family detached dwelling.
(b) 
Two-family dwelling.
(c) 
Apartment-style dwelling unit in a mixed-use building.
[Added 1-8-2019 by Ord. No. 764]
(d) 
Business or professional office.
(e) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(f) 
Commercial or trade school.
(g) 
Community center.
(h) 
Dwelling in combination with a business.
(i) 
Emergency services.
(j) 
Financial establishment.
(k) 
Forestry.
(l) 
Home occupations, Types 1, 2, 3, and 4.
(m) 
Inn.
(n) 
Library or museum.
(o) 
Medical office.
(p) 
Mixed-use building.
[Added 1-8-2019 by Ord. No. 764]
(q) 
Municipal building.
(r) 
Place of worship.
(s) 
Private club.
(t) 
Public recreation facility.
(u) 
Repair shop.
(v) 
Restaurant.
(w) 
Retail and service business.
(x) 
Nonresidential accessory structure.
(y) 
Residential accessory structure.
(z) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Bed-and-breakfast.
(b) 
Residential conversion.
(c) 
Nursing home.
(d) 
Personal care facility.
(e) 
Public utility.
(f) 
Outdoor eating as accessory to restaurant.
(g) 
Outdoor/open air bar as an accessory use to a restaurant.
[Added 1-14-2020 by Ord. No. 768]
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Microwave or satellite dish antenna.
(b) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
(c) 
Parking structure.
[Added 7-12-2011 by Ord. No. 714]
B. 
Table of dimensional regulations for all nonresidential uses and mixed-use buildings. All nonresidential uses and mixed-use buildings shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681; 1-8-2019 by Ord. No. 764]
Minimum lot area(1)
3,000 square feet
Maximum impervious surface coverage
75%
Maximum building coverage ratio
60%
Minimum lot width at street line
45 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front(2)
15 feet
Side(3)
6 feet each
Rear
20 feet
Maximum setback (build-to line)
20 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.
(2)
For corner lots one front yard may be reduced to a depth of not less than 10 feet.
(3)
Side yard shall be no less than 20 feet if it abuts a Borough parking lot; however, this side yard may be reduced to 10 feet if public access is provided along the side yard to allow for pedestrian traffic to parking lot.
C. 
Table of dimensional regulations for permitted residential uses. All residential uses, excluding apartment-style dwelling units in mixed-use buildings, shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 1-8-2019 by Ord. No. 764]
Minimum lot area per dwelling unit
3,000 square feet
Maximum impervious surface coverage
65%
Maximum building coverage ratio
50%
Minimum lot width for detached dwelling at street line
50 feet
Minimum lot width per dwelling unit of a 2-family dwelling at the street line
30 feet
Maximum building coverage ratio
50%
Maximum building height
35 feet
Minimum yards (setbacks)
Front(1)
20 feet
Side(2)
10 feet
Rear
25 feet
NOTES:
(1)
For corner lots, one of the front yards may be reduced to a minimum of 10 feet.
(2)
One side yard only is required for twin dwellings where the dwelling units are attached and side by side.

§ 550-34 Village Conservation (V-1).

Purpose. The purpose of the Village Conservation District (V-1) is to preserve, maintain, and encourage the existence and feet and intensity of the existing limited nonresidential and professional uses while preserving the residential uses in the area along State Street between Greene Street and Jefferson Street.
A. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.
(1) 
Uses by right:
(a) 
Single-family detached dwelling.
(b) 
Two-family dwelling.
(c) 
Business or professional office.
(d) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(e) 
Dwelling in combination with a business.
(f) 
Forestry.
(g) 
Home occupations, Types 1, 2, 3, and 4.
(h) 
Medical office.
(i) 
Municipal building.
(j) 
Nonresidential accessory structure.
(k) 
Residential accessory structure.
(l) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Bed-and-breakfast.
(b) 
Library or museum.
(c) 
Limited village retail/service use - with the following limitations:[1]
[1] 
Retail/service is permitted on the first floor only;
[2] 
Existing building may be expanded by up to 20% of the first floor area to accommodate additional retail/service use.
[1]
Editor's Note: Original Subsection A(2)(c)[1], which limited retail/service uses to those in buildings in existence at the time of adoption of this chapter, of the 1982 Code, which immediately followed this subsection, was repealed 11-10-2020 by Ord. No. 773.
(d) 
Residential conversion.
(e) 
Public utility.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
B. 
Table of dimensional regulations for all nonresidential uses. All nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
4,000 square feet
Maximum lot area
10,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
45%
Minimum lot width at street line
45 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front(2)
15 feet
Side(3)
10 feet each
Rear
25 feet
Maximum setback (build-to line)
25 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.
(2)
For corner lots one front yard may be reduced to a depth of not less than 10 feet.
(3)
Side yard shall be no less than 20 feet if it abuts a Borough parking lot.
C. 
Table of dimensional regulations for permitted residential uses. All residential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area per dwelling unit
4,000 square feet
Maximum lot size per principal use
10,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
45%
Minimum lot width per single-family detached dwelling at street line
50 feet
Minimum lot width per dwelling unit of a 2-family dwelling at the street line
30 feet
Maximum building coverage ratio
50%
Maximum building height
35 feet
Minimum yards (setbacks)
Front(1)
20 feet
Side(2)
6 feet
Rear
25 feet
Maximum setback (build-to line)
25 feet
NOTES:
(1)
For corner lots, one of the front yards may be reduced to a minimum of 10 feet.
(2)
One side yard only is required for two-family dwellings where the dwelling units are attached and side by side.
D. 
Design standards for all uses. All structures shall be designed to reflect the historic and cultural style of Newtown Borough. The building styles, materials, colors, bulk, scale and placement on the lot shall be addressed in all development applications. The Historical Architectural Review Board guidelines shall be used in approving building applications for subdivisions, land development or zoning permits.

§ 550-35 Village Gateway (V-2).

Purpose. The purpose of the Village Gateway District (V-2) is to preserve, maintain, and encourage the existence and feel and intensity of the existing limited nonresidential and professional uses while preserving the residential uses in the area along State Street between Penn Street and Chancellor Street.
A. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.
(1) 
Uses by right:
(a) 
Single-family detached dwelling.
(b) 
Two-family dwelling.
(c) 
Business or professional office.
(d) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(e) 
Dwelling in combination with a business.
(f) 
Forestry.
(g) 
Funeral home.
(h) 
Home occupations, Types 1, 2, 3, and 4.
(i) 
Medical office.
(j) 
Municipal building.
(k) 
Nonresidential accessory structure.
(l) 
Public recreation facility.
(m) 
Residential accessory structure.
(n) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Bed-and-breakfast.
(b) 
Library or Museum.
(c) 
Limited village retail/service use - with the following limitations:[1]
[1] 
Retail/service with accessory food service is permitted, with a maximum floor area limit of 1,000 square feet;
[2] 
Existing building may be expanded by up to 20% of the first floor area to accommodate additional retail/service use.
[1]
Editor's Note: Original Subsection A(2)(c)[1], which limited retail/service uses to those in buildings in existence at the time of adoption of this chapter, of the 1982 Code, which immediately followed this subsection, was repealed 11-10-2020 by Ord. No. 773.
(d) 
Nursing home.
(e) 
Personal care facility.
(f) 
Public utility.
(g) 
Residential conversion.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Traditional neighborhood development.
(b) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
B. 
Table of dimensional regulations for all nonresidential uses. All nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
5,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
45%
Minimum lot width at street line
45 feet
Maximum building height
35 feet
Build-to line (maximum setback)
25 feet
Minimum yards (setbacks)
Front(2)
15 feet
Side(3)
6 feet each
Rear
20 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.
(2)
For corner lots one front yard may be reduced to a depth of not less than 10 feet.
(3)
Side yard shall be no less than 20 feet if it abuts a Borough parking lot.
C. 
Table of dimensional regulations for permitted residential uses. All residential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681; 2-12-2011 by Ord. No. 711]
Minimum lot area per dwelling unit
6,000 square feet
Maximum impervious surface coverage per lot
60%
Maximum building coverage ratio
45%
Minimum lot width per single-family detached dwelling at street line
60 feet
Minimum lot width per dwelling unit of a 2-family dwelling at the street line
30 feet
Maximum building coverage ratio
50%
Maximum building height
35 feet
Minimum yards (setbacks)
Front(1)
20 feet
Side(2)
10 feet
Rear
25 feet
Build-to line (maximum setback)
25 feet
NOTES:
(1)
For corner lots, one of the front yards may be reduced to a minimum of 10 feet.
(2)
One side yard only is required for two-family dwellings where the dwelling units are attached and side by side.
D. 
Traditional neighborhood development. The requirements of § 550-14D shall apply.
[Amended 2-12-2011 by Ord. No. 711]

§ 550-36 Business Gateway (B-1).

A. 
Purpose. The purpose of the Business Gateway District is to allow for industrial, commercial and residential uses to support the existing pattern of development. Uses should maintain the same scale and intensity of current development and allow for compatible coexistence of the residential and nonresidential uses.
B. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.
(1) 
Uses by right:
(a) 
Single-family detached dwelling.
(b) 
Two-family dwelling.
(c) 
Automobile sales.
(d) 
Public recreation facility.
(e) 
Business and professional office.
(f) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(g) 
Commercial entertainment.
(h) 
Community center.
(i) 
Contracting.
(j) 
Day-care center.
(k) 
Dwelling in combination with a business.
(l) 
Emergency services.
(m) 
Financial establishment.
(n) 
Forestry.
(o) 
Fuel storage and distribution.
(p) 
Home occupations, Types 1,2,3,4.
(q) 
Kennel.
(r) 
Medical office.
(s) 
Motor vehicle service station.
(t) 
Municipal building.
(u) 
Repair shop.
(v) 
Restaurant.
(w) 
Veterinary office.
(x) 
Village retail and service business.
(y) 
Warehousing and distribution.
(z) 
Nonresidential accessory structure.
(aa) 
Residential accessory structure.
(bb) 
Temporary structure.
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Adult commercial.
(b) 
Convenience store.
(c) 
Drive-through facility.
(d) 
Medical marijuana dispensary.
[Added 8-14-2018 by Ord. No. 760]
(e) 
Medical marijuana grower/processor.
[Added 8-14-2018 by Ord. No. 760]
(f) 
Motor vehicle gasoline station.
(g) 
Outdoor eating as accessory to restaurant.
(h) 
Outdoor/open air bar as an accessory use to a restaurant.
[Added 1-14-2020 by Ord. No. 768]
(i) 
Public utility.
(j) 
Residential conversion.
(k) 
Restaurant with drive through service.
(l) 
Terminal.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Microwave and satellite dish antenna.
(b) 
Non-tower-based wireless communications facility.[1]
[Amended 11-10-2020 by Ord. No. 774]
[1]
Editor's Note: Original Subsection B(3)(c), and (d), regarding telecommunications equipment buildings and telecommunications towers, of the 1982 Code, which immediately followed this subsection, was repealed. 11-10-2020 by Ord. No. 774.
(c) 
Traditional neighborhood development.
(d) 
Tower-based wireless communications facility.
[Added 11-10-2020 by Ord. No. 774]
C. 
Table of dimensional regulations for all nonresidential uses. All nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
20,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
45%
Minimum lot width at street line
80 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front
30 feet
Side
20 feet each
Rear
40 feet
Maximum setback (build-to line)
30 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.
D. 
Table of dimensional regulations for permitted residential uses. All residential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681; 2-12-2011 by Ord. No. 711]
Minimum lot area per dwelling unit
6,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
45%
Minimum lot width per single-family detached dwelling at street line
50 feet
Minimum lot width per dwelling unit of a 2-family dwelling at the street line
30 feet
Maximum building height
35 feet
Maximum setback (build-to line)
25 feet
Minimum yards (setbacks)
Front(1)
20 feet
Side(2)
10 feet
Rear
25 feet
NOTES:
(1)
For corner lots, one of the front yards may be reduced to a minimum of 10 feet.
(2)
One side yard only is required for twin dwellings where the dwelling units are attached and side by side.
E. 
Traditional neighborhood development. The requirements of § 550-14D shall apply.
[Amended 2-12-2011 by Ord. No. 711]
F. 
Overlay District standards - Gateway to Newtown Borough. The following general standards are in effect to create a unified and attractive gateway to Newtown Borough, as recommended by the Newtown Borough Comprehensive Plan.
(1) 
Parking shall be located to the side or rear of properties.
(2) 
Buffers shall be provided along lot lines where nonresidential uses abut residential uses.
(3) 
Street trees and uniform landscaping shall be provided along South State Street.
(4) 
Historic resources shall be used rather than replaced.
(5) 
Signs shall follow the guidelines for the Historic District sign requirements and Historic District guidelines.

§ 550-37 Borough mixed use (B-2).

A. 
Purpose. To allow for the continuation of existing industrial uses and for the transition to mixed-use development, allowing for limited types of residential and nonresidential uses.
B. 
Uses permitted. A building 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 shall comply with all applicable regulations of this chapter including yards, lot area, lot width, building area and height, impervious surface, buffers, and off-street parking.
(1) 
Uses by right:
(a) 
Business and professional office.
(b) 
Public recreation facility.
(c) 
Closed loop geothermal system.
[Added 5-8-2007 by Ord. No. 681]
(d) 
Community center.
(e) 
Day-care center.
(f) 
Municipal building.
(g) 
Medical office.
(h) 
Emergency services.
(i) 
Temporary structure.
(j) 
Research.
(k) 
Light manufacturing.
(l) 
Public recreation facility.
(m) 
Accessory Village retail or service business in accordance with the following additional regulations:
[1] 
Sales must be accessory and incidental to a manufacturing use.
[2] 
Retails sales area shall not exceed 4,000 square feet.
(n) 
Lumber yard/planing mill.
(o) 
Forestry.
(p) 
Home occupation - Type 1 (no-impact home-based business).
(2) 
Uses by special exception. The following uses shall be permitted by special exception only when authorized by the Zoning Hearing Board in accordance with Article X and when all conditions of Article IV, Use Regulations, are met.
(a) 
Public utility.
(3) 
Conditional use. The following uses shall be permitted when authorized as a conditional use by Borough Council in accordance with Article IX.
(a) 
Traditional neighborhood development.
(b) 
Multifamily dwelling, limited to multifamily dwellings in an existing historic building converted to residential use as part of a traditional neighborhood development.
(c) 
Non-tower-based wireless communications facility.
[Amended 11-10-2020 by Ord. No. 774]
C. 
Table of dimensional regulations for all nonresidential uses. All nonresidential uses shall comply with the area and dimensional requirements listed in this section, unless a different area or dimensional requirement is stated in § 550-14, Use regulations, for the specific use, in which case the requirements of § 550-14 shall apply.
[Amended 5-8-2007 by Ord. No. 681]
Minimum lot area(1)
20,000 square feet
Maximum impervious surface coverage
60%
Maximum building coverage ratio
45%
Minimum lot width at street line
80 feet
Maximum building height
35 feet
Minimum yards (setbacks)
Front
30 feet
Side
20 feet each
Rear
40 feet
NOTES:
(1)
If a minimum lot area is specified for a specific use in Article IV, then that minimum lot area shall be required. If no lot area is specified, then the minimum lot area in this chart shall apply.
D. 
Traditional neighborhood development. The requirements of §§ 550-14D and E shall apply.
[Amended 2-12-2011 by Ord. No. 711]