Quakertown City Zoning Code
PART 3
ZONING DISTRICTS AND USE REGULATIONS
§ 301 Establishment of Zoning Districts.
[Ord. 983, 3/4/1992, § 3.1]
1.
For the purpose of this chapter, zoning districts are hereby established as follows:
[Amended by Ord. 1198, 2/6/2013]
LR | Low Density Residential District | |
MR | Medium Density Residential District | |
HR | High Density Residential District | |
TC | Town Center District | |
NC | Neighborhood Commercial District | |
HC | Highway Commercial District | |
OB | Office/Business District | |
H | Hospital District | |
LI | Light Industrial District | |
H | Historic Protection Overlay | |
POMU | Pedestrian-Oriented, Mixed-Use Overlay |
§ 302 Application of District Regulations.
[Ord. 983, 3/4/1992, § 3.2]
1.
Unless otherwise provided by law or specifically in this chapter, no land or building or structure shall be used or occupied unless it is for a use permitted in the zoning district within which the land or building or structure is located.
2.
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
3.
No building, structure or land shall hereafter be erected, constructed, reconstructed, moved, or structurally altered internally or externally and no building or structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
4.
No part of a yard, or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
5.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
6.
Any territory which may hereafter be annexed to the Borough shall be classified as the zoning district of the Borough most similar to the zoning of such territory before annexation (as determined by the Zoning Hearing Board) until otherwise classified.
§ 303 Zoning Map.
[Ord. 983, 3/4/1992, § 3.3; as amended by Ord. 1053, 9/1/1999, § 1C, D]
1.
A map entitled, "Zoning Map for the Borough of Quakertown" accompanies this chapter and is declared a part of this chapter.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this Chapter.
2.
The Official Zoning Map shall be identified by the signature of the President of Borough Council, attested by the Borough Secretary and shall bear the adoption date of this chapter and the Seal of the Borough under the following words: "This is to certify that this is the Official Zoning Map adopted March 4, 1992, as part of the Zoning Ordinance for the Borough of Quakertown."
3.
Changes of any nature to the Official Zoning Map shall be made in conformity with the amendment procedures set forth in this chapter. All changes shall be noted by date with a brief description of the nature of the change.
4.
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the Borough Office and shall be the final authority on boundaries and districts. The Zoning Officer shall have a certified copy of the Official Zoning Map for official use.
5.
Loss of Zoning Map.
A.
If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, the Borough Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
B.
The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall include an amendment thereof.
C.
The new Official Zoning Map shall be identified by the signature of the President of Borough Council, attested to by the Borough Secretary and bearing the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted December 18, 1963, as part of the Zoning Ordinance for the Borough of Quakertown."
D.
Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any part or parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.
§ 304 Rules For Interpreting District Boundaries.
[Ord. 983, 3/4/1992, § 3.4]
1.
Zoning boundaries drawn approximately following the center lines of streams, drainageways, streets, alleys, railroads or other rights-of-way shall be construed to follow such center lines. In the event of any change in the center line, the zoning boundary shall be construed as moving with the actual center line.
2.
Boundaries approximately following property lot lines shall be construed as following such property lot lines.
3.
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of such map.
§ 305 Schedule of Uses and Zoning Districts; a Summary.
[Ord. 983, 3/4/1992, § 3.5; as amended by Ord. 1198, 2/6/2013; and by Ord. 1215, 4/6/2016]
1.
Except as provided by law or in this chapter, in each district, no building, structure, or land shall be used or occupied except for the purposes permitted in §§ 315 and 320 and for the zoning districts so indicated in this chapter.
2.
A use listed as a use permitted by right is permitted subject to such requirements as may be specified in § 315, after approval has been granted, subject to the requirements of the Borough Subdivision/Land Development Ordinance [Chapter 22], if applicable, and after a zoning permit has been issued in accordance with § 702.
3.
A use listed as a use permitted by special exception may be permitted as a special exception provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 315, 316 and 704, and after approval has been granted, subject to the requirements of the Township Subdivision/Land Development Ordinance, if applicable, and such further restrictions as said Board may establish.
4.
A use listed as a use permitted by conditional use may be permitted as a conditional use provided Borough Council, having received positive recommendations from the Planning Commission, grants the conditional use, subject to the expressed standards set forth in §§ 315, 317, and 320, and after approval has been granted, subject to the requirements of the Borough's Subdivision/Land Development Ordinance, if applicable, and such further conditions that the Borough Council may impose to ensure the protection of adjacent uses and the health, safety, or general welfare.
5.
A use not listed as being permitted by right, special exception, or conditional use in a particular zoning district is not permitted in that zoning district.
6.
Table 3.1 at the end of this Part[1] summarizes what uses are permitted in the 11 zoning districts. More-detailed information regarding these zoning districts and use regulations is provided in §§ 306 to 318, and 320 of this Part.
[1]
Editor's Note: Table 3.1 is included as an attachment to this chapter.
§ 306 Low Density Residential District (LR).
[Ord. 983, 3/4/1992, § 3.6; as amended by Ord. 992, 3/3/1993, § 3]
1.
Purpose. The purposes of the Low Density Residential District are to provide areas to meet the needs of the present and expected future residents in single-family detached dwellings, to protect residential neighborhoods from the negative impacts of incompatible land uses, and to protect residents' privacy, access to air and solar energy, and investments of money, time and pride in their community.
2.
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the Low Density Residential District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
3.
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the Low Density Residential District by the Zoning Hearing Board in accordance with the standards contained in § 316 of this Part:
4.
Conditional Uses. Each of the following principal uses and their accessory uses may be permitted in the Low Density Residential District by Borough Council in accordance with the standards contained in § 317 of this Part:
A.
School.
5.
Accessory Uses.
A.
Each accessory use in the Low Density Residential District shall comply with the minimum yard requirements of § 306, Subsection 7, except as specifically provided for in this chapter.
B.
Each of the following accessory uses shall be permitted in the Low Density Residential District only if such use complies with the relevant standards contained in § 318 of this Part:
(1)
Dish antenna.
(2)
Garage sales.
(3)
Keeping animals or fowl.
(4)
Noncommercial swimming pool.
(5)
Nursery school and/or day-care center in a place of worship building or other place-of-worship-related building.
[Amended by Ord. 1198, 2/6/2013]
(6)
Residential accessory structure or use.
(7)
Solar energy system.
(8)
Temporary structure or use.
(9)
Tennis court.
(10)
Windmill.
(11)
No-impact home-based business.
[Added by Ord. 1215, 4/6/2016]
6.
Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Low Density Residential District, except as specifically provided for in this Part:
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | By Buildings | By Total Impervious Cover | Maximum Building Height (feet) |
Single-family detached | 10,000/d.u. | 80 | 20% | 30% | 35 |
Any other uses | 43,560 | 130 | 20% | 30% | 35 |
NOTES: |
|---|
1 Measured at the minimum front yard listed in § 306, Subsection 7, for the particular use. |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Low Density Residential District, except as specifically provided for in this Part:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 25 | 10 | 25 | 50 | |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
8.
Maximum density: four units per acre.
§ 307 Medium Density Residential District (MR).
[Ord. 983, 3/4/1992, § 3.7; as amended by Ord. 992, 3/3/1993, § 4; and by Ord. 1053, 9/1/1999, § 1E]
1.
Purpose. The purposes of the Medium Density Residential District are to provide for moderate-density residential areas which are protected from incompatible land uses so as to maintain these areas as attractive living environments and to promote the orderly development of the Borough.
2.
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the Medium Density Residential District by the Zoning Officer, provided that the use, type, dimensional, and all other applicable requirements of this chapter are satisfied:
A.
Agriculture.
B.
Picnic grove.
[Amended by Ord. 1215, 4/6/2016]
C.
Single-family detached dwelling.
D.
Swimming club. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
E.
Single-family semidetached dwelling.
F.
Quakertown owned and maintained Borough swimming pool and related facilities.
H.
Municipal use.
[Added by Ord. 1198, 2/6/2013]
I.
Park.
[Added by Ord. 1198, 2/6/2013]
3.
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the Medium Density Residential District by the Zoning Hearing Board in accordance with the standards contained in § 316 of this Part:
4.
Conditional Uses. Each of the following principal uses and their accessory uses may be permitted in the Medium Density Residential District by Borough Council in accordance with the standards contained in § 317 of this Part:
5.
Accessory Uses.
A.
Each accessory use in the Medium Density Residential District shall comply with the minimum yard requirements of § 307, Subsection 7, except as specifically provided for in this Part.
B.
Each of the following accessory uses shall be permitted in the Medium Density Residential District only if such use complies with the relevant standards contained in § 318 of this Part:
(1)
Dish antenna.
(2)
Garage sales.
(3)
Home occupation.
(4)
Keeping animals or fowl.
(5)
Noncommercial swimming pool.
(6)
Nursery school and/or day-care center in a place of worship building or other place-of-worship-related building.
[Amended by Ord. 1198, 2/6/2013]
(7)
Residential accessory structure or use.
(8)
Solar energy system.
(9)
Temporary structure or use.
(10)
Tennis court.
(11)
Windmill.
(12)
No-impact home-based business.
[Added by Ord. 1215, 4/6/2016]
6.
Lot Area, Width, Building Coverage and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Medium Density Residential District, except as specifically provided for in this chapter.
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | By Buildings | By Total Impervious Cover | Maximum Building Height (feet) |
Single-family detached dwelling | 7,500/d.u. | 50 | 25% | 35% | 35 |
Single-family semidetached dwelling | 5,250/d.u. | 35/d.u. | 25% | 35% | 35 |
Any other use | 43,560 | 130 | 20% | 30% | 42 |
NOTES: |
|---|
1 Per dwelling unit for residential uses. |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Medium Density Residential District, except as specifically provided for in this chapter:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Single-family detached dwelling | 25 | 6 | 18 | 25 | |
Single-family semidetached dwelling | 25 | 12 | — | 25 | |
Any other use | 25 | 12 | 24 | 25 | |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
8.
Maximum density: six units per acre.
§ 308 High Density Residential District (HR).
[Ord. 983, 3/4/1992, § 3.8]
1.
Purpose. The purposes of the High Density Residential District are to provide for a variety of housing types and densities in residential areas which are protected from incompatible land uses and are near the commercial uses and community facilities so as to maintain these areas as attractive living environments and to promote the orderly development of the Borough.
2.
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the High Density Residential District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
A.
Agriculture.
B.
Duplex.
C.
Mobile/manufactured home.
[Amended by Ord. 1215, 4/6/2016]
D.
Nursing home.
E.
Picnic grove.
[Amended by Ord. 1215, 4/6/2016]
F.
Single-family detached dwelling.
G.
Swimming club. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
H.
Single-family semidetached dwelling.
I.
Quakertown owned and maintained swimming pool and related facilities.
K.
Municipal use.
[Added by Ord. 1198, 2/6/2013]
L.
Park.
[Added by Ord. 1198, 2/6/2013]
3.
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the High Density Residential District by the Zoning Hearing Board in accordance with the standards contained in § 316 of this Part:
A.
Cemetery.
B.
Place of worship.
[Amended by Ord. 1198, 2/6/2013]
C.
Membership club.
D.
Nursery school.
[Amended by Ord. 1215, 4/6/2016]
E.
Planned development. (See § 316, Subsection 1C.)
G.
Tennis club.
I.
Garden apartment.
J.
Low-rise apartment.
K.
Townhouse.
L.
Day-care center.
[Added by Ord. 1215, 4/6/2016]
4.
Conditional Uses. Each of the following principal uses and their accessory uses may be permitted in the High Density Residential District when authorized by Borough Council in accordance with the standards contained in § 317 of this Part:
5.
Accessory Uses.
A.
Each accessory use in the High Density Residential District shall comply with the minimum yard requirements contained in § 308, Subsection 7, except as specifically provided for in this Part.
B.
Each of the following accessory uses shall be permitted in the High Density Residential District only if such use complies with the relevant standards contained in § 318 of this Part:
(1)
Dish antenna.
(2)
Garage sales.
(3)
Home occupation.
(4)
Keeping animals or fowl.
(5)
Noncommercial swimming pool.
(6)
Nursery school and/or day-care center in a place of worship building or other place-of-worship-related building.
[Amended by Ord. 1198, 2/6/2013]
(7)
Residential accessory structure or use.
(8)
Solar energy system.
(9)
Temporary structure or use.
(10)
Tennis court.
(11)
Windmill.
(12)
No-impact home-based business.
[Added by Ord. 1215, 4/6/2016]
6.
Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the High Density Residential District, except as specifically provided for in this chapter:
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | By Buildings | By Total Impervious Cover | Maximum Building Height (feet) |
Single-family detached dwelling | 5,000 | 50 | 35% | 45% | 42 |
Duplex | 2,500/d.u | 50 | 35% | 45% | 42 |
Single-family semidetached dwelling | 4,500/d.u | 35/d.u. | 35% | 45% | 42 |
Townhouse | 4,000/d.u | 20/d.u. | 35% | 45% | 42 |
Garden apartment, low-rise apartment | 3,600/d.u | 80 | 35% | 45% | 42 |
Mobile /manufactured home | 5,000 | 50 | 35% | 45% | 32 |
Any other use | 20,000 | 80 | 35% | 45% | 42 |
NOTES: |
|---|
1 Per dwelling unit for residential use. |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the High Density Residential District, except as specifically provided for in this Part:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Single-family detached dwelling | 20 | 6 | 18 | 20 | |
Duplex | 20 | 12 | 24 | 20 | |
Single-family semidetached dwelling | 20 | 12 | — | 20 | |
Townhouse | 20 | 122 | — | 20 | |
Garden apartment, low-rise apartment | 20 | 12 | 24 | 20 | |
Mobile/ manufactured home | 20 | 6 | 18 | 20 | |
Any other uses | 20 | 12 | 24 | 20 | |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. | |
2 For the end dwelling. |
8.
Maximum density: eight units per acre for all uses except multiple apartment dwellings, which shall be 12 units per acre.
§ 309 Town Center District (TC).
[Ord. 983, 3/4/1992, § 3.9]
1.
Purpose. The purposes of the Town Center District are to provide for the central location of residential uses, commercial and service uses and other uses.
2.
Uses Permitted by Right. Except as regulated by § 309, Subsection 8, of this chapter, each of the following principal uses and their accessory uses are permitted by right in the Town Center District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
[Amended by Ord. 1198, 2/6/2013]
A.
Bank (without drive-through facility).
[Amended by Ord. 1215, 4/6/2016]
B.
(Reserved)
C.
Commercial services.
D.
Duplex.
E.
Day-care center.
F.
Farmers' market.
G.
Laundromat.
H.
General merchandise store.
I.
Health club.
J.
Hotel.
K.
Medical equipment retail store.
L.
Medical office.
M.
Nursery school.
N.
Nursing home.
O.
Office.
P.
Park.
Q.
Personal service.
R.
Professional office.
S.
Recreation center.
T.
Restaurant, standard.
[Amended by Ord. 1215, 4/6/2016]
U.
Retail store.
V.
(Reserved)
W.
Single-family detached dwelling.
X.
Single-family semidetached dwelling.
Y.
Tavern.
Z.
Tennis club. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
AA.
Transit station.
BB.
Pharmacy (without drive-through facility).
[Amended by Ord. 1215, 4/6/2016]
CC.
Indoor theater.
DD.
Printing and publishing.
EE.
Recycling collection center as a principal or accessory use. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
FF.
Up to two apartments located on the second or third floor above a nonresidential use on the first floor.
HH.
Municipal use.
II.
Studio.
[Amended by Ord. 1215, 4/6/2016]
3.
Special Exception Uses. Except as regulated by § 309, Subsection 8, of this chapter, each of the following principal uses and their accessory uses may be permitted in the Town Center District by the Zoning Hearing Board, in accordance with the standards contained in § 316 of this Part:
[Amended by Ord. 1198, 2/6/2013]
4.
Conditional Uses. Except as regulated by § 309, Subsection 8, of this chapter, each of the following principal uses and their accessory uses may be permitted in the Town Center District by Borough Council in accordance with the standards contained in § 317 of this Part:
[Amended by Ord. 1198, 2/6/2013]
A.
Fire station.
B.
Library.
C.
Public utility building, substation.
D.
Retail center.
E.
School.
F.
Community center.
G.
Boardinghouse/rooming house.
[Amended by Ord. 1215, 4/6/2016]
H.
Bed-and-breakfast.
[Amended by Ord. 1215, 4/6/2016]
I.
Existing manufacturing conversion.
[Added by Ord. 1215, 4/6/2016]
J.
Flea market (not as an accessory use).
[Added by Ord. 1215, 4/6/2016]
K.
Live-work unit.
[Added by Ord. 1215, 4/6/2016]
L.
Mixed use, residential/nonresidential.
[Added by Ord. 1215, 4/6/2016]
M.
Museum/cultural center.
[Added by Ord. 1215, 4/6/2016]
N.
Restaurant, food take-out establishment (without drive-through facility).
[Added by Ord. 1215, 4/6/2016]
O.
Senior center.
[Added by Ord. 1215, 4/6/2016]
P.
Vocational school.
[Added by Ord. 1215, 4/6/2016]
5.
Accessory Uses.
A.
Each accessory use in the Town Center District shall comply with the minimum yard requirements of § 309, Subsection 7, except as specifically provided for in this chapter.
B.
Except as regulated by § 309, Subsection 8, of this chapter, each of the following accessory uses shall be permitted in the Town Center District only if such use complies with the relevant standards contained in § 318 of this Part:
[Amended by Ord. 1198, 2/6/2013]
(1)
Arcade (accessory).
(2)
Commercial outdoor storage or display.
(3)
Dish antenna.
(4)
Flea market (accessory).
[Amended by Ord. 1215, 4/6/2016]
(5)
Garage sales.
(6)
Home occupation.
(7)
Keeping animals or fowl.
(8)
Noncommercial swimming pool.
(9)
Residential accessory structure or display.
(10)
Solar energy system.
(11)
Temporary structure or use.
(12)
Tennis court.
(13)
Windmill.
(14)
A. No-impact home-based business.
[Added by Ord. 1215, 4/6/2016]
(15)
Outdoor eating accessory to restaurant.
[Added by Ord. 1215, 4/6/2016]
(16)
Sidewalk sales.
[Added by Ord. 1215, 4/6/2016]
6.
Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Town Center District, except as specifically provided for in this chapter:
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | By Buildings | By Total Impervious Cover | Maximum Building Height (feet) |
Duplex | 4,500/d.u. | 50 | 80% | 95% | 42 |
Single-family detached dwelling | 5,000/d.u. | 50 | 80% | 95% | 42 |
Single-family semidetached dwelling | 4,500/d.u. | 35/d.u. | 80% | 95% | 42 |
Townhouse | 2,000/d.u. | 20/d.u. | 80% | 95% | 42 |
Garden apartment, low-rise apartment | 1,500/d.u. | 80 | 80% | 95% | 42 |
Any other use | 5,000 | 40 | 80% | 95% | 42 |
NOTES: |
|---|
1 Per dwelling unit. |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Town Center District, except as specifically provided for in this chapter:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Duplex | 10 | 6 | 12 | 20 | |
Single-family detached dwelling | 10 | 6 | 12 | 20 | |
Single-family semidetached dwelling | 10 | 6 | — | 20 | |
Townhouse | 10 | 6* | 20 | ||
Garden apartments, low-rise apartments | 10 | 0 | 0 | 20 | |
Any other use | 10 | 0 | 0 | 20 | |
NOTES: | |
|---|---|
1 For only the end dwelling units. |
8.
Special Provisions Applicable to the Downtown TC District.
[Added by Ord. 1198, 2/6/2013]
A.
Within the TC District, all multistory buildings that have frontage along Route 313 and/or Branch Street located between 5th Street and Hellertown Avenue shall be permitted to have the following permitted uses located on the ground floor:
Farmers market | |
Flea market | |
General merchandise store | |
Health club | |
Indoor theater | |
Medical equipment retail store | |
Mixed use, residential/nonresidential (only including those nonresidential within this list in Subsection 8) | |
Municipal use | |
Personal services | |
Pharmacy | |
Recreation center | |
Restaurant, food take-out establishment | |
Restaurant, standard | |
Retail center | |
Retail store | |
Tavern | |
Transit station |
B.
Any other permitted uses within this delineated area may be permitted on any other floor of a building other than the ground floor.
§ 310 Neighborhood Commercial District (NC).
[Ord. 983, 3/4/1992, § 3.10; as amended by Ord. 992, 3/3/1993, § 5; and by Ord. 1053, 9/1/1999, § 1F]
1.
Purpose. The purposes of the Neighborhood Commercial District are to provide areas with adequate parking and loading facilities, internal traffic circulation and safe ingress and egress to the public street system for commercial and business uses that are compatible with the existing uses in the area.
2.
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the Neighborhood Commercial District by the Zoning Officer; provided, that the use type, dimensional and all other applicable requirements of this Part are satisfied:
A.
Bank (without drive-through facility).
[Amended by Ord. 1215, 4/6/2016]
C.
Commercial services.
D.
Day-care center.
E.
Farmers' market.
F.
Laundromat.
G.
General merchandise store.
H.
Health club.
I.
Hotel.
J.
Medical equipment retail store.
K.
Medical office.
L.
Nursery school.
M.
Nursing home.
N.
Office.
O.
Park.
P.
Personal service.
Q.
Professional office.
R.
Restaurant, standard.
[Amended by Ord. 1215, 4/6/2016]
S.
Retail store.
U.
Single-family detached dwelling.
V.
Single-family semidetached dwelling.
W.
Tavern.
X.
Tennis club. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
Y.
Transit station.
Z.
Pharmacy (without drive-through facility).
[Amended by Ord. 1215, 4/6/2016]
AA.
Printing and publishing.
BB.
Recycling collection center as a principal or accessory use. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
CC.
Up to two apartments located on the second or third floor above a nonresidential use on the first floor.
EE.
Municipal use.
[Added by Ord. 1198, 2/6/2013]
FF.
Studio.
[Added by Ord. 1198, 2/6/2013; amended by Ord. 1215, 4/6/2016]
3.
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the Neighborhood Commercial District by the Zoning Hearing Board in accordance with the standards contained in § 316 of this Part:
4.
Conditional Uses. Each of the following principal uses and their accessory uses may be permitted in the Neighborhood Commercial District by Borough Council in accordance with the standards contained in § 317 of this Part:
A.
Fire station.
B.
Library.
C.
Public utility building, substation.
D.
Retail center.
E.
School.
F.
Community center.
G.
Boardinghouse/rooming house.
[Added by Ord. 1198, 2/6/2013; amended by Ord. 1215, 4/6/2016]
H.
Bed-and-breakfast.
[Added by Ord. 1198, 2/6/2013; amended by Ord. 1215, 4/6/2016]
I.
Existing manufacturing conversion.
[Added by Ord. 1215, 4/6/2016]
J.
Flea market (not as an accessory use).
[Added by Ord. 1215, 4/6/2016]
K.
Live-work unit.
[Added by Ord. 1215, 4/6/2016]
L.
Mixed use, residential/nonresidential.
[Added by Ord. 1215, 4/6/2016]
M.
Museum/cultural center.
[Added by Ord. 1215, 4/6/2016]
N.
Restaurant, food take-out establishment (without drive-through facility).
[Added by Ord. 1215, 4/6/2016]
O.
Senior center.
[Added by Ord. 1215, 4/6/2016]
P.
Vocational school.
[Added by Ord. 1215, 4/6/2016]
5.
Accessory Uses.
A.
Each accessory use in the Neighborhood Commercial District shall comply with the minimum yard requirements of § 310, Subsection 7, except as specifically provided for in this Part.
B.
Each of the following accessory uses shall be permitted in the Neighborhood Commercial District only if such use complies with the relevant standards contained in § 318 of this Part:
(1)
Arcade (accessory).
(2)
Commercial outdoor storage or display.
(3)
Dish antenna.
(4)
Garage sales.
(5)
Home occupation.
(6)
Keeping animals or fowl.
(7)
Noncommercial swimming pool.
(8)
Residential accessory structure or display.
(9)
Solar energy system.
(10)
Temporary structure or use.
(11)
Tennis court.
(12)
Windmill.
(13)
Flea market (accessory).
[Amended by Ord. 1215, 4/6/2016]
(14)
No-impact home-based business.
[Added by Ord. 1215, 4/6/2016]
(15)
Outdoor eating accessory to restaurant.
[Added by Ord. 1215, 4/6/2016]
(16)
Sidewalk sales.
[Added by Ord. 1215, 4/6/2016]
6.
Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Neighborhood Commercial District, except as specifically provided for in this chapter:
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | By Buildings | By Total Impervious Cover | Maximum Building Height (feet) |
Any use | 3,000 | 30 | 80% | 90% | 42 |
NOTES: |
|---|
1 Per dwelling unit for residential uses. |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Neighborhood Commercial District, except as specifically provided for in this chapter:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 10 | 10 | 10 | 20 | |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 311 Highway Commercial District (HC).
[Ord. 983, 3/4/1992, § 3.11; as amended by Ord. 992, 3/3/1993, § 6; and by Ord. 1147, 12/3/2008]
1.
Purpose. The purposes of the Highway Commercial District are to provide areas with adequate parking and loading facilities, internal traffic circulation and safe ingress and egress to the public street system for commercial and business uses that require location along well-traveled highways.
2.
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the Highway Commercial District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this Part are satisfied:
A.
Animal hospital.
[Amended by Ord. 1215, 4/6/2016]
B.
Arcade.
C.
Auction house.
D.
Auto/boat/recreational vehicle sales.
E.
Auto gas station.
F.
Auto service station.
G.
Auto repair garage.
[Amended by Ord. 1215, 4/6/2016]
H.
Bank.
I.
Bowling alley.
J.
Car wash. [Site plan review required (see § 408).]
K.
Day-care center.
L.
Farmers' market.
M.
Restaurant, fast-food.
[Amended by Ord. 1215, 4/6/2016]
N.
General merchandise store. [Site plan review required (see § 408).]
O.
Health club.
P.
Hotel (motel). [Site plan review required (see § 408).]
Q.
Indoor theater. [Site plan review required (see § 408).]
R.
Laundry, laundromat.
S.
Medical equipment retail store.
T.
Medical office.
U.
Membership club.
V.
Miniature golf course. [Site plan review required (see § 408).]
W.
Nursery.
X.
Nursery school.
Y.
Office.
Z.
Park.
AA.
Personal services.
BB.
Professional office.
CC.
Restaurant, standard.
[Amended by Ord. 1215, 4/6/2016]
DD.
Retail center. [Site plan review required (see § 408).]
EE.
Retail store.
FF.
Tavern.
GG.
Tennis club. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
HH.
Pharmacy.
II.
Transit station.
JJ.
Printing and publishing.
KK.
Commercial services.
LL.
Single-family detached dwelling.
MM.
Recycling collection center as a principal or accessory use. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
OO.
Municipal use.
[Added by Ord. 1198, 2/6/2013]
PP.
Restaurant, food take-out establishment.
[Amended by Ord. 1215, 4/6/2016]
QQ.
Studio.
[Added by Ord. 1215, 4/6/2016]
RR.
Vocational school.
[Added by Ord. 1215, 4/6/2016]
SS.
Kennel.
[Added by Ord. 1215, 4/6/2016]
3.
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the Highway Commercial District by the Zoning Hearing Board in accordance with the standards contained in § 316 of this Part:
A.
Mobile home sales.
B.
Planned development. (See § 316, Subsection 1C.)
D.
Warehouse only in conjunction with a permitted principal use on the same lot.
[Amended by Ord. 1215, 4/6/2016]
E.
Wholesale trade.
F.
Adult-oriented establishment.
G.
Massage parlor. (See § 316, Subsection 1C.)
H.
Telecommunication facility. (See § 316, Subsection 1C.)
[Amended by Ord. 1215, 4/6/2016]
4.
Conditional Uses. Each of the following principal uses and their accessory uses may be permitted in the Highway Commercial District by Borough Council in accordance with the standards contained in § 317 of this Part:
5.
Accessory Uses.
A.
Each accessory use in the Highway Commercial District shall comply with the minimum yard requirements of § 311, Subsection 7, except as specifically provided for in this chapter.
B.
Each of the following accessory uses shall be permitted in the Highway Commercial District only if such use complies with the relevant standards contained in § 318 of this Part:
(1)
Arcade (accessory).
(2)
Commercial outdoor storage or display.
(3)
Dish antenna.
(4)
Solar energy system.
(5)
Temporary structure or use.
(6)
Windmill.
(7)
Seasonal roadside produce market.
(8)
No-impact home-based business.
[Added by Ord. 1215, 4/6/2016]
(9)
Outdoor eating accessory to restaurant.
[Added by Ord. 1215, 4/6/2016]
6.
Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Highway Commercial District, except as specifically provided for in this chapter:
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area1 (square feet) | Minimum Lot Width2 (feet) | By Buildings | By Total Impervious Cover | Maximum Building Height (feet) |
Any use | 12,000 | 80 | 40% | 90% | 42 |
NOTES: |
|---|
1 Per dwelling unit for residential use. |
2 Measured at the minimum front yard listed in § 311, Subsection 7, for the particular use. |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Highway Commercial District, except as specifically provided for in this chapter:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 30 | 10 | 20 | 25 | |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 312 Office/Business District (OB).
[Ord. 983, 3/4/1992, § 3.12]
1.
Purpose. The purposes of the Office/Business District are to provide areas with adequate parking and loading facilities, internal traffic circulation, and safe ingress and egress to the public street system for office and business uses that are compatible with the qualities of the Borough environment, to provide for the orderly development of the Borough and to promote local jobs and a stronger Borough tax base.
2.
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the Office/Business District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this Part are satisfied:
A.
Medical office. [Site plan review required (see § 408).]
B.
Office. [Site plan review required (see § 408).]
C.
Professional office. [Site plan review required (see § 408).]
D.
Single-family detached dwelling.
E.
Personal services. [Site plan review required (see § 408).]
G.
Municipal use.
[Added by Ord. 1198, 2/6/2013]
H.
Park.
[Added by Ord. 1198, 2/6/2013]
I.
Vocational school.
[Added by Ord. 1215, 4/6/2016]
3.
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the Office/Business District by the Zoning Hearing Board in accordance with the standards contained in § 316 of this Part:
4.
Conditional Uses. Each of the following principal uses and their accessory uses may be permitted in the Office/Business District by Borough Council in accordance with the standards contained in § 317 of this Part:
5.
Accessory Uses.
A.
Each accessory use in the Office/Business District shall comply with the minimum yard requirements of § 312, Subsection 7, except as specifically provided for in this chapter.
B.
Each of the following accessory uses shall be permitted in the Office/Business District only if such use complies with the relevant standards contained in § 318 of this Part:
6.
Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Office/Business District, except as specifically provided for in this chapter:
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area1 (square feet) | Minimum Lot Width2 (feet) | By Buildings | By Total Impervious Cover | Maximum Building (feet) |
Any use | 15,000 | 100 | 30% | 40% | 35 |
NOTES: |
|---|
1 Measured at the minimum front yard listed in § 317, Subsection 7, for the particular use. |
2 Site plan review required (see § 408). |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Office/Business District, except as specifically provided for in this chapter:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Any use | 30 | 20 | 40 | 45 | |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 313 Hospital District (H).
[Ord. 983, 3/4/1992, § 3.13]
1.
Purpose. The purposes of the Hospital District are to provide areas with adequate parking and loading facilities, internal traffic circulation and safe ingress and egress to the public street system for hospital and health care uses that are compatible with the existing medical facility and nearby residential areas in order to provide for the orderly development of the Borough.
2.
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the Hospital District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this Part are satisfied:
3.
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the Hospital District by the Zoning Hearing Board in accordance with the standards contained in § 316 of this Part:
A.
None.
5.
Accessory Uses.
A.
Each accessory use in the Hospital District shall comply with the minimum yard requirements of § 313, Subsection 7, except as specifically provided for in this chapter.
B.
Each of the following accessory uses shall be permitted in the Hospital District only if such use complies with the relevant standards contained in § 318 of this Part:
6.
Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Hospital District, except as specifically provided for in this chapter:
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area1 (square feet) | Minimum Lot Width2 (feet) | By Buildings | By Total Impervious Cover | Maximum Building (feet) |
Hospital | 40,000 | 100 | 55% | 65% | 84 |
Any other use | 9,500 | 50 | 55% | 65% | 42 |
NOTES: |
|---|
1 Measured at the minimum front yard listed in § 317, Subsection 7, for the particular use. |
2 Site plan review required (see § 408). |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Hospital District, except as specifically provided for in this chapter:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Hospital | 15 | 15 | 30 | 15 | |
Any other use | 25 | 6 | 12 | 15 | |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 314 Light Industrial District (LI).
[Ord. 983, 3/4/1992, § 3.14; as amended by Ord. 1079, 11/6/2002; by Ord. 1123, 8/2/2006, § II; and by Ord. 1149, 12/3/2008]
1.
Purpose. The purposes of the Light Industrial District are to provide areas which are suitable for light industrial, heavy commercial, and office uses, so as to prevent conflicts between these uses and other land uses, to protect the environment by limiting the types of industries in the Borough to those which are compatible with it and to promote local jobs and a strong local tax base.
2.
Uses Permitted by Right. Each of the following principal uses and their accessory uses are permitted by right in the Light Industrial District by the Zoning Officer, provided that the use type, dimensional and all other applicable requirements of this Part are satisfied. A site plan review is required for all new buildings, additions to existing buildings or change in the total impervious surface:
A.
Any manufacturing, compounding, processing, packaging and/or treatment of products such as apparel, bakery goods, candy, confections, dairy products, cosmetics, musical instruments, toys and novelties, clocks, jewelry, optical products, electronic devices, and scientific and precision instruments.
B.
Bottling industry. [Site plan review required (see § 408).]
C.
Food processing and packaging. [Site plan review required (see § 408).]
D.
Medical laboratory. [Site plan review required (see § 408).]
E.
Motor freight terminal. [Site plan review required (see § 408).]
F.
Office.
G.
Printing/publishing. [Site plan review required (see § 408).]
H.
Research, engineering, or testing laboratories. [Site plan review required (see § 408).]
I.
Warehouse. [Site plan review required (see § 408).]
J.
Mini warehouse. [Site plan review required (see § 408).]
K.
Wholesale trade. [Site plan review required (see § 408).]
L.
Woodworking, cabinetmaking, furniture making. [Site plan review required (see § 408).]
M.
Auto repair garage.
[Amended by Ord. 1215, 4/6/2016]
N.
Auto service station.
[Amended by Ord. 1215, 4/6/2016]
O.
Retail store.
P.
Retail center.
Q.
Single-family detached dwelling.
R.
Solid waste-to-energy facility as a municipal use. [Site plan review required (see § 408).]
S.
Bulk recycling center. [Site plan review required (see § 408).]
[Amended by Ord. 1215, 4/6/2016]
T.
Recycling collection center. [Site plan review required (see § 408).]
U.
Professional office.
V.
Personal services.
W.
Library. [Site plan review required (see § 408).]
X.
Community center. [Site plan review required (see § 408).]
Y.
Quakertown Borough owned and maintained parks.
[Added by Ord. 1194, 8/1/2012]
AA.
Municipal use.
[Added by Ord. 1198, 2/6/2013]
BB.
Park.
[Added by Ord. 1198, 2/6/2013]
CC.
Vocational school.
[Added by Ord. 1215, 4/6/2016]
3.
Special Exception Uses. Each of the following principal uses and their accessory uses may be permitted in the Light Industrial District by the Zoning Hearing Board in accordance with the standards contained in § 316 of this Part:
4.
Conditional Uses. Each of the following principal uses and their accessory uses may be permitted in the Light Industrial District by Borough Council in accordance with the standards contained in § 317 of this Part:
A.
Public utility building, substation.
B.
Solid-waste-to-energy facility as a nonmunicipal use.
C.
Solid waste transfer station.
D.
Single-family semidetached dwellings.
E.
Duplexes.
F.
Garden apartment.
[Amended by Ord. 1215, 4/6/2016]
G.
Low-rise apartment.
[Added by Ord. 1215, 4/6/2016]
H.
Townhouse.
[Added by Ord. 1215, 4/6/2016]
I.
Flea market (not as an accessory use).
[Added by Ord. 1215, 4/6/2016]
J.
Live-work unit.
[Added by Ord. 1215, 4/6/2016]
K.
Mixed-use residential/nonresidential.
[Added by Ord. 1215, 4/6/2016]
L.
Restaurant, food take-out establishment (without drive-through facility).
[Added by Ord. 1215, 4/6/2016]
M.
Senior center.
[Added by Ord. 1215, 4/6/2016]
N.
Studio.
[Added by Ord. 1215, 4/6/2016]
5.
Accessory Uses.
A.
Each accessory use in the Light Industrial District shall comply with the minimum yard requirements in § 314, Subsection 7, except as specifically provided for in this chapter.
B.
Each of the following accessory uses shall be permitted in the Light Industrial District only if such use complies with the relevant standards contained in § 318 of this Part:
(1)
Dish antenna.
(2)
Outdoor storage or display.
(3)
Solar energy system.
(4)
Temporary structure or use.
(5)
Windmill.
(6)
Garage sales.
[Added by Ord. 1215, 4/6/2016]
(7)
Keeping of animals and fowl.
[Added by Ord. 1215, 4/6/2016]
(8)
Noncommercial swimming pool.
[Added by Ord. 1215, 4/6/2016]
(9)
Residential accessory.
[Added by Ord. 1215, 4/6/2016]
(10)
Tennis court.
[Added by Ord. 1215, 4/6/2016]
(11)
Home occupation.
[Added by Ord. 1215, 4/6/2016]
(12)
No-impact home-based business.
[Added by Ord. 1215, 4/6/2016]
(13)
Sidewalk sales.
[Added by Ord. 1215, 4/6/2016]
6.
Lot Area, Width, Building Coverage, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Light Industrial District, except as specifically provided for in this chapter:
Maximum Land Coverage | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | By Buildings | By Total Impervious Cover | Maximum Building Height (feet) |
Solid waste-to-energy facility | 250,000 | 1,800 | |||
Solid waste transfer facility | See § 317, Subsection 5 | 1,200 | |||
Bulk recycling | See § 317, Subsection 5 | 1,200 | |||
Any other use | 6,000 | 50 | 80% | 90% | 42 |
NOTES: |
|---|
1 Measured at the front yard established in § 314, Subsection 7, for the particular use. |
7.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Light Industrial District, except as specifically provided for in this chapter:
Side Yard | |||||
|---|---|---|---|---|---|
Principal Use | Front Yard1 (feet) | One (feet) | Both (feet) | Rear Yard (feet) | |
Recycling collection center | 300 | 300 | 600 | 300 | |
Solid waste-to-energy facility | 900 | 900 | 1,800 | 900 | |
Solid waste transfer facility | 600 | 600 | 1,200 | 600 | |
Bulk recycling center | 600 | 600 | 1,200 | 600 | |
Any other use | 30 | 6 | 12 | 15 | |
NOTES: | |
|---|---|
1 The depth at which the minimum lot width shall be measured. |
§ 314.1 Pedestrian-Oriented, Mixed-Use Overlay District.
[Ord. 1198, 2/6/2013]
1.
Purpose. The general intent of the Pedestrian-Oriented, Mixed-Use Overlay District is to encourage the rehabilitation and reuse of existing structures within the Borough of Quakertown (Borough) by promoting the development of integrated, multi-use projects. This overlay district also aims to preserve and encourage the pedestrian character of downtown Quakertown and to promote street life and activity by regulating the built environment and its interface with the public realm. Redevelopment opportunities advocated by this overlay are intended to ensure efficient use of land and public services; encourage human interaction; foster a sense of place; create safe, attractive, and convenient environments; and increase development alternatives. The purpose of the Pedestrian-Oriented, Mixed-Use Overlay District is as follows:
A.
Economic development through the establishment of flexible standards that maintain the community's unique identity while allowing for changes in the marketplace.
B.
Retain the historic streetscape by preserving existing historic buildings to the greatest extent possible. Promote the reuse of structures, and ensure that new buildings, additions, and renovations are consistent with and enhance the surrounding character and scale of historic Quakertown.
C.
Allow a mixture of complementary land uses to create economic and social vitality and to encourage the linking of trips. Encourage retail uses on the ground floor street frontage, and make use of second and higher floors to accommodate office, service, residential, and other uses that generate relatively low pedestrian traffic from the general public.
D.
Encourage lively, human-scaled activity areas and gathering places for the community through a mix of uses. Develop sidewalks and building features (e.g., entrances, weather protection) to maximize safety, comfort, ease of movement, and convenience for pedestrians of all physical abilities.
E.
Establish a walkable community by promoting pedestrian-oriented streets and buildings, and provide a safe and convenient interconnected sidewalk network and access to land areas remaining undeveloped or underdeveloped.
F.
Facilitate development (land use mix, density, and design) that supports multimodal travel and public transit, where applicable, and minimizes the amount of land that is needed for surface parking.
G.
Accommodate parking in a convenient manner that does not interfere with the rhythm of the street.
H.
Promote the implementation of the Borough of Quakertown Urban Vision and Revitalization Plan, adopted April 7, 2010.
2.
Eligibility.
A.
Establishment and Designation of the Pedestrian-Oriented, Mixed-Use Overlay District. The provisions of the Pedestrian-Oriented Mixed-Use Overlay Zoning District shall apply to all development within the boundary of the designated area. If a use in an underlying district is permitted differently from how the same use is permitted in this overlay district (i.e., permitted by right, by special exception, or by conditional use), the use provisions of the underlying zoning district shall apply. In cases where a use is permitted in the underlying district but not in the overlay, all provisions, such as area and dimensional requirements, of the underlying district shall apply. Regardless of whether the overlay or underlying district is used to determine how a use is permitted, compliance with the design guidelines for the Pedestrian-Oriented, Mixed-Use Overlay District (Section § 314.1, Subsection 7, of this chapter) would be required.
B.
Established Boundaries and Eligible Areas.
(2)
The Pedestrian-Oriented, Mixed-Use Overlay District shall apply to all properties and parcels as identified on the Quakertown Borough Zoning Map and which are set forth in the Pedestrian-Oriented, Mixed-Use Overlay District parcel list located in Appendix A of this chapter.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
3.
Uses Permitted by Right. Within the Pedestrian-Oriented, Mixed-Use Overlay District, each of the following specific uses and accessory uses (see § 318 for additional requirements) is permitted by right as described in § 314.1, Subsection 2, of this chapter, provided that the use type, dimensional and all other applicable requirements of this chapter are satisfied:
[Amended by Ord. 1215, 4/6/2016]
A.
Municipal use.
B.
No-impact home-based business.
C.
Park.
D.
Single-family detached dwelling.
E.
Home occupation.
F.
Keeping of animals and fowl.
G.
Residential accessory.
H.
Solar energy system.
I.
Temporary structure.
J.
Tennis court.
K.
Windmill.
L.
Dish antenna.
M.
Garage sales.
N.
Noncommercial swimming pool.
4.
Conditional Uses. In accordance with the eligibility provisions established in § 314.1, Subsection 2, of this chapter, each of the following principal uses and their accessory uses may be permitted in the Pedestrian-Oriented, Mixed-Use Overlay District by conditional use approval granted by Borough Council in accordance with the standards contained in § 317 of this Part:
A.
Considerations for Granting Conditional Uses. In making determinations on conditional use applications in the Pedestrian-Oriented, Mixed-Use Overlay District, impacts to the neighborhood and adjacent streets, circulation, and lots shall be considered in context of the following:
(1)
The number of employees.
(2)
The floor area of the building or gross area of the lot devoted to the proposed use.
(3)
The type of products, materials, equipment, and/or processes involved in the proposed use.
(4)
The magnitude of walk-in trade.
(5)
The hours of operation.
(6)
The extent of pervious and impervious surfaces in relationship to that currently present on adjacent lots and the overall block in which development, infill, reuse, and/or redevelopment is proposed.
(7)
Architectural plans as submitted as part of approval. Architectural plans shall be required to be submitted as part of said application for conditional use.
(8)
Building Character. New infill development shall employ building types that are compatible with the historic architecture of the area in massing and external treatment.
(9)
Architectural Rhythm.
(a)
New infill development shall retain the historic architectural rhythm of building openings (including windows and entries) of the same block.
(b)
New infill development shall maintain the horizontal rhythm of main street facades by using a similar alignment of windows, floor spacing, cornices, awnings, as well as other elements. This rhythm shall be achieved by aligning the top, middle, and base floors.
(10)
The use shall not endanger the public health, safety and welfare and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare, or vibration.
(11)
The use shall be in conformity with the Borough's Comprehensive Plan and in harmony with the area in which it is proposed.
(13)
The Borough Council, with advice from the Planning Commission, may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, parking, circulation, and setbacks.
(14)
A delivery zone plan shall be submitted for all nonresidential uses in the Pedestrian-Oriented, Mixed-Use Overlay District. The required plan shall demonstrate delivery and associated circulation areas to ensure they do not conflict with existing Borough development and circulation patterns.
(15)
When outdoor collection stations are provided for garbage and trash removal, such stations shall be located to the rear of the structure and screened from view.
B.
Conditional Uses. Unless permitted differently in the underlying zoning districts (i.e., by right, by special exception) as stated in § 314.1, Subsection 2, of this chapter, the following uses shall be permitted by conditional use approval in the Pedestrian-Oriented, Mixed-Use Overlay District:
[Amended by Ord. 1215, 4/6/2016]
(1)
Bank.
(2)
Bed-and-breakfast.
(3)
(Reserved)
(4)
Community center.
(5)
Day-care center.
(6)
Existing manufacturing conversion.
(7)
Farmers' market.
(8)
Flea market.
(9)
General merchandise store.
(10)
Health club.
(11)
Live-work unit.
(12)
Medical office.
(13)
Mixed use, residential/nonresidential.
(14)
Museum/cultural centers.
(15)
Office.
(16)
Outdoor eating accessory to restaurant.
(17)
Personal service.
(18)
Places of worship.
(19)
Public utility.
(20)
Restaurant, standard.
(21)
Restaurant, fast-food, without drive-through.
(22)
Restaurant, food take-out establishment, without drive-through.
(23)
Retail store.
(24)
Senior centers.
(25)
Single-family semidetached dwelling.
(26)
Sidewalk sales.
(27)
Studios (photography, artistic, or musical).
(28)
Tavern.
(29)
Building conversion into two or more dwelling units.
[Amended by Ord. No. 1226, 6/5/2019]
(30)
Garden apartment.
(31)
Low-rise apartment.
(32)
Planned development.
(33)
Library.
(34)
Membership club.
(35)
Picnic grove.
(36)
Place of worship.
(37)
Recreation center.
(38)
Professional office.
(39)
Commercial services.
(40)
Indoor theater.
(41)
Medical equipment retail store.
(42)
Pharmacy.
(43)
Vocational school.
(44)
Transit station.
(45)
Garage sales.
(46)
Keeping of animals and fowl.
(47)
Noncommercial swimming pool.
(48)
Residential accessory.
(49)
Tennis court.
(50)
Home occupation.
(51)
Arcade (accessory).
(52)
Commercial outdoor storage and display.
(53)
Flea market (accessory).
5.
Lot Area, Width, Building and Impervious Coverages; Height Regulations; Maximum Density. Each of the following dimensional requirements shall apply to each use in the Pedestrian-Oriented, Mixed-Use Overlay District, except as specifically provided for in this chapter:
Principal Use | Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Land Coverage (%) | Maximum Impervious Surface (%) | Maximum Bldg. Height (feet) | Maximum Density (DU/AC) |
|---|---|---|---|---|---|---|
Single-family detached | 3,000 | 30 | 80% | 95% | 42 | 12 |
Duplex | 3,000 | 30 | 80% | 95% | 42 | 12 |
Single-family semidetached | 3,000 | 30 | 80% | 95% | 42 | 12 |
Garden apartment | 1,500 | 30 | 80% | 95% | 42 | 12 |
Low-rise apartment | 1,500 | 30 | 80% | 95% | 42 | 12 |
Other | 3,000 | 30 | 80% | 95% | 42 | 12 |
6.
Minimum Yard Requirements. Each of the following minimum yard requirements shall apply to each use in the Pedestrian-Oriented, Mixed-Use Overlay District, except as specifically provided for in this chapter:
Principal Use | Front Yard (feet) | Side Yard, One/Both (feet) | Rear Yard (feet) |
|---|---|---|---|
All permitted uses | Average of two closest buildings, maximum of 20 feet1 | 0 for party wall, 12 feet between buildings (6 feet along each building) | 0 |
NOTE: | |
|---|---|
1 | Setback for recessed entrance, plaza, square, courtyard is a minimum of 10 feet and a maximum of 20 feet. |
7.
Design Guidelines. The following design standards are applicable for all new developments and additions/alterations along the street frontage within the Pedestrian-Oriented, Mixed-Use Overlay District. These design guidelines may be modified by Borough Council to take into account the variety of buildings in the overlay district and to allow flexibility.
A.
Building Design Standards.
(1)
Within the Historic Preservation Overlay Zone, any alterations of existing buildings or new infill development shall meet all applicable provisions of § 319, Historic Preservation, of this chapter. New infill development should be consistent with the scale and composition of existing historical structures and compatible with the traditional architectural styles present in the overlay district. For new construction, the applicant shall be required to submit a report providing sufficient detail to demonstrate how the proposed project design is consistent with the traditional architectural styles present in the overlay. The report shall contain architectural drawings of proposed building(s) showing all sides, with information on building materials and colors. The report shall also contain photographs of the original site in which the proposed development will occur, prior to any changes being made, showing surrounding areas and how the new development will relate to the existing surroundings.
(2)
For infill development, the front wall of the structure (building facade) shall be placed along the sidewalk. If adjacent structures are set back from the sidewalk, the setback of the infill building shall match either of the existing adjacent setbacks with a maximum setback of 20 feet.
(3)
Cornices or columns that have been reclad should be returned to their original material where possible.
(4)
Building Orientation and Entrances.
(a)
The front facade of buildings shall be oriented toward the higher-order street whenever possible, with the public entrance in this front facade and with required off-street parking at the rear or side of the lot.
(b)
When buildings are located on corners, the entrance shall be located on the corner with an appropriate building articulation, such as a chamfered corner, turret, canopy, or other similar building feature.
(c)
Building entrances shall incorporate elements such as porches, alcoves, porticos, awnings, or any combination of the foregoing that protects pedestrians from the rain and wind.
(d)
Fixed or retractable awnings are permitted at ground floor level located at the building transom, if they complement a building's architectural features, do not impair facade composition, and are designed or added as an integral part of the facade. Awnings should be traditional fabric foldout awnings; metal and/or internally lit (backlighted) awnings are prohibited. The lowest point of any awning shall be a minimum of eight feet from the highest point of the finished grade of the sidewalk, driveway or walkway to a maximum of 12 feet above finished grade. Awnings shall extend from the facade wall and may encroach within the right-of-way but shall not extend past the curbline. Awnings attached to a single building shall be consistent in height and in design. Where striped awnings are used, each stripe shall have a minimum width of six inches. Awning lighting shall be recessed in the awning with no lens extending below the awning surface. Awnings shall be constructed of durable materials and shall be kept in good condition and repair. Any awning which is allowed to become dilapidated may, after notification, be removed by the Borough at the expense of the owner or lessee of the property on which it is located.
(e)
New doors shall not swing into the minimum setback, except for emergency exit doors.
(5)
Walls and Windows.
(a)
Blank walls shall not be permitted along any exterior wall facing a street, parking area, or walking area. Walls or portions of walls where windows are not provided shall have architectural treatments that are similar to the front facade, including materials, colors, and details. Expanses of blank walls may not exceed 20 feet in length or 80%, whichever is less, of any exterior wall facing a street, parking area, or walking area. At least four of the following architectural treatments shall be provided:
[1]
Masonry (but not flat concrete block).
[2]
Concrete or masonry plinth at the base of the wall.
[3]
Belt courses of a different texture or color.
[4]
Projecting cornice.
[5]
Projecting canopy.
[6]
Decorative tilework.
[7]
Trellis containing planting.
[8]
Medallions.
[9]
Opaque or translucent glass.
[10]
Artwork.
[11]
Vertical/horizontal articulation.
[12]
Lighting fixtures.
[13]
An architectural element not listed above, as approved by Council, that meets the intent of this section.
(b)
Windows.
[1]
The ground-floor front facades of buildings visible from the pedestrian view shall consist of a minimum of 60% to a maximum of 75% window area, with views provided through these windows into the business. The base of the ground floor windows shall be a minimum of 12 inches and a maximum of 20 inches above the sidewalk.
[2]
Upper-story windows of front facades shall not be boarded or covered and shall comprise a minimum of 35% window area in the facade above the ground floor and a maximum of 75%. Upper-story windows shall be vertically proportioned.
[3]
Smoked, reflective, or black-tinted glass in windows is prohibited. Exterior window bars shall not be permitted.
[4]
Transom windows should not be covered.
[5]
Window openings shall have a style and be spaced as to be complementary to the desired rhythm of the POMU District. Windows shall not be mounted flush to the exterior of the facade.
(6)
Roofs shall be in keeping with the character of adjacent buildings or shall have pitched roofs. Pitched roofs shall have a minimum slope of 4:12 and a maximum slope of 12:12.
(7)
Architectural Rhythm.
(a)
New infill development shall retain the historic architectural rhythm of building openings (including windows and entries) of the same block.
(b)
New infill development shall attempt to maintain the horizontal rhythm of existing street facades by using a similar alignment of windows, floor spacing, cornices, awnings as well as other elements. This rhythm shall be achieved by aligning the top, middle, and base floors. Buildings shall have a distinct base at ground level using articulation or materials such as stone, masonry, or decorative concrete. The top level should be treated with a distinct outline with elements such as projecting parapet, cornice, or other projection.
(8)
Massing.
(a)
Buildings shall be similar in height and size or articulated into massing that is more or less proportional to adjacent structures and maintains the existing architectural rhythm.
(b)
The massing of any facade should generally not exceed 50 feet maximum (horizontal dimension). Shop fronts may be broken down even further. Massing variations every 30 feet or less is preferred.
(c)
Nonresidential buildings must have at least a three-foot to five-foot break in depth in all street facades for every 50 feet of continuous facade. Such breaks may be met through the use of bay windows, porches, porticos, building extensions, towers, recessed doorways, and other architectural treatments.
B.
Pedestrian Design Standards.
(1)
Sidewalks are required along all street frontages with a minimum width of eight feet, unless, at the discretion of Borough Council, a narrower sidewalk is determined to be preferable.
(2)
Sidewalks are required to connect the street frontage to all front building entrances, parking areas, central open space, and any other destination that generates pedestrian traffic. Sidewalks shall connect to existing sidewalks on abutting tracts and other nearby pedestrian destination points and transit stops.
(3)
The sidewalk pattern shall continue across driveways.
(4)
Unless determined unnecessary by Borough Council, bicycle racks and other bicycle-friendly facilities shall be provided throughout the overlay district for all nonresidential uses requiring 20 off-street parking spaces or more as calculated through the requirements of Table 6.1 of this chapter,[2] whether or not such use is located in the TC District. The number of bicycle parking spaces shall be equal to 5% of the required off-street parking. Such racks and facilities shall be provided with a metal anchor that will secure the frame in conjunction with a user-supplied lock. Bicycle racks and other bicycle-friendly facilities shall be located within 50 feet of building entrances and placed to avoid conflicts with pedestrians. Where placed on a sidewalk, the rack/facility must be positioned to maintain five feet of clear pedestrian space.
[2]
Editor's Note: Table 6.1 is included as an attachment to this chapter.
C.
Streetscape Standards.
(1)
Street trees shall be provided at the discretion of Borough Council.
(2)
Street furniture, such as public benches, tables, and waste receptacles, shall be included in design layout to encourage pedestrian traffic and social interaction. Benches and waste containers shall be provided at a minimum of one per every 100 feet along pedestrian walkways, sidewalks or street frontages.
(3)
The incorporation of beautifying elements such as hanging flower baskets, street planters, and window boxes is strongly encouraged to be incorporated into the design of facade appearance. Such elements shall not obstruct sight triangles and shall not encroach into the sidewalk so that less than five feet of passageway is available for pedestrians. Window boxes should be at least as wide as the window sill where they are located (at least six inches by six inches deep). Hanging baskets, planters, and window boxes shall contain live plantings.
D.
Screening.
(1)
All wall-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes, shall be screened from public view by parapets, walls, fences, landscaping, or other approved means.
(2)
All rooftop mechanical equipment and other appurtenances shall be concealed by or integrated within the roof form or screened from view at ground level or nearby streets. The following, when above the roofline, require screening: stairwells, elevator shafts, air-conditioning units, large vents, heat pumps and mechanical equipment. Additional height caused by such equipment shall not be included as part of the measured building height.
(3)
Parking lots visible from a street shall be screened by a three-foot-high wall/fence or plantings. Parking lots adjacent to a residential use, excluding bed-and-breakfast establishments, live-work units, and mixed-use residential/nonresidential uses, shall be screened by a six-foot-high wall/fence or plantings, unless such wall/fence is located within the required front yard, in which case such wall or fence shall be four feet in height. The required screening, consisting of a wall/fence or plantings, shall be located within a five-foot-wide planting area. Recommended plant material for parking lot screening is provided in Appendix B of this chapter[3] Screening shall include:
(a)
Hedges, installed at 36 inches in height (to accommodate required three-foot screen for lots visible from a street); or
(b)
Mixed planting (trees and shrubs); or
(c)
Wall sections, with no wall break of more than nine feet, and landscaping to provide a continuous screen.
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
(4)
Service and loading areas must be visually screened from street and pedestrianways. For new construction, service and loading areas must be behind the building. Loading docks shall be to the side and/or rear of buildings.
E.
Exterior Lighting. All exterior lighting shall be designed to prevent glare onto adjacent properties. Pedestrian pathways need to be clearly marked and well lit. Lighting should be sufficient for security and identification without allowing light to trespass onto adjacent sites. The height of fixtures shall be a maximum of 20 feet for parking lots and 14 feet for pedestrian walkways. Exterior light fixtures shall complement the architectural style of buildings; wall-mounted fixtures shall be considered as part of the front facade composition.
F.
Refuse Areas. The storage of refuse shall be provided inside the building(s) or within an outdoor area enclosed by either walls or opaque fencing. Any refuse area outside of the building shall be designed to be architecturally compatible with the building(s), shall not be located in the front of the building, and shall be entirely screened by a fence or enclosure which is at least six feet high. Appropriate containers shall be provided so refuse does not blow around or get torn up by animals and litter the street.
§ 315 Use Regulations.
[Ord. 983, 3/4/1992, § 3.15 by Ord. 1198, 2/6/2013; and by Ord. 1215, 4/6/2016; by Ord. 1198, 2/6/2013; and by Ord. 1215, 4/6/2016]
1.
Compliance Required. Each of the following uses shall also comply with the additional requirements for that use listed in this section.
2.
Agricultural Uses.
A.
Agriculture.
The raising and keeping of field crops for any commercial purpose. Agriculture does not include animal husbandry, commercial forestry, greenhouse, nursery or orchard.
B.
Nursery/Greenhouse.
The raising of trees (for transplanting), ornamentals, shrubs, flowers or house plants for any commercial purpose.
3.
Residential Uses.
A.
Bed-and-Breakfast.
The use of a detached dwelling for the accommodation of overnight guests for a fee.
(1)
Number of guest rooms: maximum number: eight; minimum number: two.
(2)
There shall be one full bathroom for every two guest rooms.
(3)
There shall be only one central common kitchen and eating area if eating facilities are provided, and guest rooms shall not have separate cooking or eating facilities. The serving of meals shall be limited to breakfast and afternoon tea to overnight guests.
(4)
The premises shall be managed by a person or persons who shall be permanent full-time residents within the structure housing the bedrooms for guests. The manager's quarters shall have full bathroom facilities and may have kitchen facilities, in addition to and separate and apart from those servicing the guests.
(5)
The use of amenities provided by the bed-and-breakfast, such as swimming pools or tennis courts, shall be restricted in use to the guests of the establishment.
(6)
The minimum lot size shall be 20,000 square feet, unless a greater minimum lot size is specified for a particular district in this chapter.
B.
Boardinghouse/Rooming House.
A building in which the owner or tenant rents at least one but not more than five rental units (see definition of "rental unit") for residential or lodging purposes, regardless of whether meals are furnished or not.
C.
Building Conversion into Two or More Dwelling Units. This use covers the conversion of any existing building into a multiple-family dwelling.
[Amended by Ord. No. 1226, 6/5/2019]
(1)
The lot area per dwelling unit shall not be reduced to less than the amount stated for the district in which the dwelling is located.
(2)
The yard, building area, off-street parking, and other applicable requirements for the district shall not be reduced.
(3)
No structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety.
(4)
The square feet of floor area per dwelling unit shall comply with the Borough's adopted building code.
(5)
After conversion, each dwelling unit shall be classified as a garden apartment, townhouse, or low-rise apartment and shall meet the definition and requirements of that particular type of multiple-family housing, including, but not limited to, lot area, lot width, minimum yards, land coverage, and off-street parking.
(6)
Units in an existing multiple-family dwelling cannot be converted into additional dwelling units under this use.
D.
Duplex.
A detached building containing two dwelling units.
E.
Garden Apartment.
A low-rise multiple-family building in which individual dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to a common cellar.
F.
Low-Rise Apartment.
A multiple-family dwelling not exceeding three stories in height, in which each dwelling unit shares a common outside access with at least one other dwelling unit.
G.
Mobile/Manufactured Home.
A transportable, single-family dwelling designed so that it can be: 1) transported on a highway; 2) used for permanent occupancy, office or place of assembly, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; and 3) constructed so that it may be used without a permanent foundation. The term "mobile/manufactured home" shall not be deemed to include "recreation vehicle" nor "modular home."
(1)
Shall be constructed in accordance with the safety and construction standards of the United States Department of Housing and Urban Development.
(2)
Shall have a site graded to provide a level, stable and well-drained area.
(3)
Shall have wheels, axles and hitch mechanisms removed.
(4)
Shall be placed on a permanent foundation as described by the following:
(a)
The foundation system shall consist of ten-inch-diameter concrete piers, concrete footing perpendicular to the main longitudinal frame, or equivalent and shall be installed from ground level to below the frost line 36 inches minimum. This foundation system shall be placed on eight-foot centers along each of the two main longitudinal frames for each section of the home with no more than three feet of overhang at each end of the section.
(b)
One-half-inch-diameter by twelve-inch-long eyebolts shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing, or equivalent. Concrete blocks shall be used to support the home on the foundation system, and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation.
(c)
The mobile/manufactured home shall be securely anchored or tied down with cable and thin buckles or equivalent connecting the frame to the cast-in-place eyebolts on at least four corners and two midpoints. The tie-down shall also be in accordance with the manufacturer's recommendations furnished with each home.
(d)
Homes shall not be placed more than four feet above the supporting ground area.
(5)
Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home.
H.
Planned Development.
An area of land under single ownership containing any combination of two or more principal uses permitted by right, as a special exception or as a conditional use in the district in which the development is proposed, provided special exception use or conditional use approval must be obtained for any proposed use so listed in the regulations of the district in which the development is proposed.
I.
Single-Family Detached Dwelling.
A detached building containing only one dwelling unit. The term "single-family detached dwelling" shall be deemed to include a "modular home" but shall not be deemed to include a "mobile home."
A modular home (defined by the Pennsylvania Industrialized Housing Act/Act 70). Any structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site; housing units defined as "mobile/manufactured homes" are excluded from this definition.
J.
Single-Family Semidetached Dwelling.
A detached building containing two dwelling units which are entirely separated by vertical and unpierced walls. Each dwelling unit may be separately owned.
K.
Townhouse.
A low-rise multiple-family building in which each dwelling unit extends from ground to roof and contains two points of independent outside access.
4.
Institutional, Recreational, and Educational Uses.
A.
Community Center.
A facility used for educational, social, cultural, or recreational programs operated by a public or nonprofit agency. Such facility shall generally be open to the public and intended to accommodate and serve members of the community.
(1)
All activities conducted on the premises of the community center shall be noncommercial and nonprofit.
(2)
Considering the variety of events that may occur on site, each event should be evaluated to adequately address any potential negative impacts to local traffic patterns and parking.
(3)
Dining services and/or the service of alcoholic beverages shall not be part of the regular activities at the facility.
(4)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.
C.
Day-Care Center.
A facility where care is provided at any one time for seven or more individuals under the age of 12, where the child-care area(s) are not being used as a family residence, and where full-time adult supervision is provided.
(1)
The facility shall be licensed by the Commonwealth of Pennsylvania.
(2)
Ingress and egress to the site shall be designed to assure safety and safe areas for discharging and picking up children or older adults, as the case may be, and shall provide areas that do not interfere with the free flow of traffic on adjacent streets.
(3)
Outdoor play/sitting areas shall be provided, which shall be secured by a fence with a self-latching gate.
(4)
The general safety of the site proposed for a day-care center shall be evaluated as it relates to the needs of small children or older adults, as the case may be.
(5)
This use may be permitted as accessory to a permitted nonresidential use.
D.
Hospital.
A building used for the diagnosis, treatment or other care of human ailments. Unless otherwise specified, "hospital" shall be deemed to also include a sanitarium, clinic, medical center or other equivalent use.
E.
Library.
A facility housing a collection of books, magazines and other material which is loaned to the general public without charge.
F.
Membership Club.
An area of land or building owned, leased or occupied by an association of persons, operated solely for a recreational, social, fraternal, religious, political or athletic purpose, and whose activities are confined to the members and guests.
G.
Municipal Use.
All municipal buildings, structures and uses, including, but not limited to, recreational facilities, playgrounds, parks, governmental offices, garages for the storage of tools, equipment and vehicles, municipally sponsored police and emergency services, and the use of land for the stockpiling of materials used by the municipality in it municipal functions.
H.
Museum/Cultural Centers.
A use engaged in the collection, display or preservation of objects of community or cultural interest in one of more of the arts or science.
(1)
For parking demands greater than 150 automobiles, setbacks, screening, and buffering of off-street parking and loading areas shall be evaluated by the Borough in order to protect the surrounding neighborhood from inappropriate noise, dust, light, and other disturbances.
(2)
Any additional standards that are needed to protect public health, safety, and welfare or to address unique characteristics of a particular lot defined by the Borough shall be complied with by the property owner and/or developer.
I.
Nursery School.
A place for the daytime care and/or training of preschool children.
J.
Nursing Home.
A building containing sleeping rooms used by elderly persons who are lodged and furnished with meals with or without nursing care. Unless otherwise specified, a "nursing home" shall be deemed to also include a convalescent home, rest home, life-care community or other similar use.
K.
Park.
Any area which is predominantly open space and is used principally for active or passive recreation.
L.
Picnic Grove.
An area of open space and pavilions that is used for picnics and related outdoor recreation, other than a publicly owned park.
M.
Place of Worship.
Any structure(s) used for worship, religious instruction, meetings or other related social activities.
(1)
Drop-off and pickup areas shall be located in a manner that minimizes negative traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(2)
The number of points of ingress/egress shall be based upon projected peak-hour traffic for the use and shall be approved by the Borough Engineer to ensure employee and visitor safety.
(3)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(4)
Day care is permitted as an accessory use to a place of worship.
N.
Recreation Center.
An indoor public or private place where a wide variety of recreation activities can be undertaken, such as arts, crafts, performing arts, dancing and skating. Such use shall not include a bowling alley, which is regulated separately.
O.
School, Elementary or Secondary.
The use of a site for instructional purposes on an elementary or secondary level, with a curriculum that complies with state regulations.
P.
Senior Center.
A community facility that is a focal point for the organization and provision of a broad spectrum of services suited to the diverse needs and interests of independent older persons, which may include nutritional meals; health, mental health, social, wellness, respite care, and education services; and recreational activities.
Q.
Swimming Club.
An area containing a swimming pool which is used by the public or by members for a fee.
(1)
All pools shall be entirely enclosed with a good quality chain-link or preferably a wooden or other equivalent fence of not less than six feet in height.
(2)
No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.
(3)
No lighting shall be permitted which will shine on adjacent property.
R.
Tennis Club.
A facility where tennis courts and other related facilities are available for members and guests. A tennis club may also include a health club.
5.
Office Uses.
A.
Medical Office.
A building used exclusively by medical professionals, such as, but not limited to, physicians, dentists, chiropractors, podiatrists and orthodontists, provided that no overnight patients shall be kept on the premises.
(1)
All off-street parking spaces must be within 200 feet of the main entrance of the office building.
B.
Office.
An establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, government, design, engineering, accounting and similar offices.
6.
Commercial Uses.
A.
Adult-Oriented Establishment.
The definition for this term and for all uses included under this term shall apply as is provided in Title 68, Part II, Subpart E, Chapter 55, Section 5502, of the Pennsylvania Consolidated Statutes, as amended. Such definitions in Pennsylvania Statutes are hereby included by reference, including, but not limited to, the definitions for "adult bookstore," "adult entertainment," "adult mini-motion-picture theater," "adult motion-picture theater," "sexual activities," "specified anatomical area," and "specified sexual activities."
(1)
Purposes: to serve the intent and respond to the findings provided in Title 68, Part II, Subpart E, Chapter 55, of the Pennsylvania Consolidated Statutes, as amended, which are hereby included by reference; to serve the overall objectives of this chapter and the following purposes:
(a)
To recognize the adverse secondary impacts of adult-oriented establishments that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include but are not limited to increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult-oriented establishments typically involve insufficient self-regulation to control these secondary effects.
(b)
To limit adult-oriented establishments to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.
(c)
To not attempt to suppress any activities protected by the "free speech" protections of the State and United States Constitutions, but instead to control secondary effects.
(2)
The building housing an adult-oriented establishment or massage parlor shall not be located within 1,000 linear feet of another adult-oriented establishment or massage parlor.
(3)
The setbacks and distances for an adult-oriented establishment shall also apply from dwellings, uses and residential districts located in an adjacent municipality. The lot line of a lot occupied by an adult-oriented establishment or massage parlor shall be located a minimum of the following distances:
(a)
A one-thousand-foot radius from a residential zoning district or the lot line of any public or private school, place of worship, synagogue, mosque or similar place of regularly scheduled religious worship; library, child day care or nursery school; public park or playground; or existing dwelling unit.
(4)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines. If such buffer area does not include substantial mature trees that will be preserved, it shall include continuous screening by evergreen trees with an initial height of five feet.
(5)
No pornographic material, displays, signs or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.
(6)
No adult-oriented establishment shall be used for any purpose that violates any federal, state or municipal law.
(7)
The adult-oriented establishment shall not include the sale or display of obscene materials, as defined by Pennsylvania criminal law, as may be amended by applicable court decisions.
(8)
An adult-oriented establishment shall be prohibited in all districts except as a special exception use in the HC District. An adult-oriented establishment is a distinct use and shall not be allowed under any other use, such as a retail store or club.
(9)
A minimum lot area of one acre is required.
(10)
For public health reasons, private booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies, images of minors or nude dancers.
(11)
No use may include live actual or simulated sex acts nor any physical or sexual contact between employees and entertainers nor between employees or entertainers and customers. At an adult-oriented establishment involving live entertainment, employees or entertainers shall maintain a minimum distance of three feet from customers. This shall include, but not be limited to, a prohibition on lap dancing.
(12)
Only lawful massages, as defined by state court decisions, may be performed in a massage parlor.
(13)
Any application for an adult-oriented establishment use shall state the names and business addresses of: all individuals intended to have more than a five-percent or more ownership in such use or in a corporation owning such use; and an on-site manager responsible to ensure compliance with this chapter on a daily basis. A telephone number shall be provided where the on-site manager can be reached during Borough business hours. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
(14)
The maximum business hours shall be between the hours of 8:00 a.m. and 12:00 midnight.
(15)
As specific conditions of approval under this chapter, the applicant shall prove compliance, where applicable, with the following state laws, as amended: the Pennsylvania Liquor Code,[1] Act 219 of 1990 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.),[2] Act 207 of 1990 (which pertains to obscenity),[3] and Act 120 of 1996 (which pertains to adult-oriented establishments and which limits enclosed viewing booths, among other matters),[4] as amended.
(16)
An adult-oriented establishment shall not be on the same lot as a use that sells alcoholic beverages.
(17)
All adult-oriented establishments shall require a zoning permit and a certificate of occupancy from the Borough before being open for business.
B.
Animal Hospital.
A building, structure or area of land where animals are given medical care, other than the premises where such animals are normally kept.
(1)
A minimum lot size of at least 20,000 square feet shall be required for those animal hospitals treating small animals (e.g., cats, birds, exotic animals). A minimum lot size of at least 40,000 square feet shall be required for those animal hospitals treating large animals (e.g., cattle, horses, etc.).
(2)
All buildings in which animals are housed or provided care shall be located at least 20 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(3)
Outdoor animal runs may be provided for small animals so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
C.
Arcade.
A place of business where coin-operated games, such as video screen game machines, pool tables and pinball machines, represent the principal or significant portion of the place of business or any place of business where 13 or more of said coin-operated games are located.
D.
Auction Hall or House.
A building where household and other goods are auctioned to the general public and where all selling is done only inside the building.
E.
Auto, Boat, and Recreation Vehicle Sales Area.
An open area, other than a street, used for the display, sale or rental of new or used motor vehicles, recreation vehicles or boats in operable condition, and where no major repairs are done.
F.
Auto Repair Garage.
Buildings and land where gasoline and other automobile parts and supplies are sold at retail and where major auto repairs are conducted.
(1)
All repair and paint work shall be performed within an enclosed building.
(2)
All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(3)
Outdoor storage of autos and other vehicles shall not exceed three times the indoor repair area, shall only be back of the front yard line and shall be no closer than 20 feet from side and rear lot lines.
(4)
Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.
(5)
Damaged vehicles parked on the lot for more than 72 hours shall be screened from view.
G. AUTO SERVICE STATION AUTO GAS STATION
Auto Service Station and Auto Gas Station.
Buildings and land areas where gasoline, oil, grease, batteries, tires or automobile accessories are supplied and dispensed at retail and where minor auto repairs and services are conducted.
A place which sells gasoline to the public at retail but does not provide any minor or major auto repair services. Auto gas stations may include the selling of a limited selection of automobile accessories and food, as accessory uses.
(1)
No entrance or exit shall be located within 200 feet of the entrance or exit of a school, library, theater, place of worship, hospital, park or fire station.
(2)
No fuel pump shall be within any required yard area.
(3)
Damaged vehicles parked on the lot for more than 72 hours shall be screened from view.
H.
Bank.
Includes savings and loans, finance companies, credit unions and other similar enterprises.
(1)
A maximum of one point of ingress/egress to a major collector or arterial street, as defined in this chapter and identified on the Street Classification Map located in this chapter.[5]
[5]
Editor's Note: A copy of the Street Classification Map is included as an attachment to this chapter.
(2)
Minimum distance between any two such uses shall be 500 feet.
(3)
A circulation plan shall be submitted identifying the location of parking, vehicular movement, and vehicular stacking space on the site.
(4)
Within the Town Center District, Neighborhood Commercial District, and Pedestrian-Oriented, Mixed-Use Overlay District, drive-through facilities shall not be permitted.
I.
Bowling Alley.
An establishment which contains smooth, level lanes used in the recreational sport of bowling.
J.
Car Wash.
A place where automobiles or other motor vehicles and related light equipment are washed and cleaned.
K.
Check-Cashing Facility.
A business, which is not a bank, subject to federal and state regulation that charges either a flat fee or a fee based on a percentage of the face value of a check to be cashed or processed by such establishment and provides such service to the public.
(1)
The building or structure of such use shall be located no less than 500 feet from any school, place of worship, day-care center, recreation facility, public park, or another check-cashing facility.
(2)
The sale of convenience-type products may be permitted as an accessory use and shall be limited to a maximum floor area of 250 square feet.
L.
Commercial Services.
A business which provides a service or sells retail goods predominantly to businesses and not to the general public (including quick printing, office supply stores, etc.).
M.
Farmers' Market.
Any place where two or more enterprises sell agricultural, horticultural and animal husbandry products.
(1)
Standards. Farmers' markets must comply with all of the following regulations:
(a)
Farmers' markets must be sponsored by the property owner or a formal committee or organization and may accommodate any number of individual vendors.
(b)
Farmers' markets sponsored by a formal committee or organization are allowed only with the written permission and consent of the property owner.
(c)
The majority of commodities to be sold at a farmers' market shall be produced in Bucks County, Pennsylvania, and surrounding counties and shall be limited to:
(i)
Farm and garden produce and agricultural products, such fruits and vegetables, plants, flowers, nuts and seeds, meat, poultry, fish, dairy products, and honey;
(ii)
Baked goods, processed food items (such as jams, jellies, salsas, and sauces), and hot or cold beverages; and
(iii)
Handmade arts and crafts related to gardening or outdoor living, handmade soaps and lotions, and similar non-mass-produced items.
(d)
The sponsor of a farmers' market must provide the Borough proof of liability insurance sufficient to cover the owner of land where a market is located and market participants.
(e)
Sufficient parking must be provided such that the farmers' market does not create parking or traffic congestion on or around the property where the market is located. Written permission must be obtained from the owner of any private parking areas used to serve the farmers' market.
(f)
Farmers' markets may not be established in any manner that impedes or impairs emergency service ingress and egress to any fire hydrant or building. No farmers' market vendor nor any vehicle associated with the farmers' market shall be located within 15 feet of any fire hydrant.
(g)
The sponsoring committee, owner, or organization is responsible for supervising and ensuring the remittance of sales tax from farmers' market sales to the State Tax Commission.
(h)
All tents, booths, tables, and other temporary structures used in the operation of an outdoor farmers' market must be removed from the farmers' market site at the conclusion of each day the market is in operation.
(i)
All trash, fruit or produce remnants, debris, and general litter must be removed from the farmers' market site at the conclusion of each day the market is in operation. The sponsoring committee or organization is responsible for ensuring the general cleanup of the farmers' market area at the conclusion of each day of operation.
(2)
Health Department Supervision. Each vendor selling processed foods, baked goods, meats, eggs, dairy products, or other goods that may be a health concern is subject to approval of the County Health Department and shall operate according to the Department's rules and regulations.
(3)
Months of Operation and Days Open for Outdoor Farmers' Markets. Outdoor farmers' markets shall only operate during the months of April through November of each year and for a maximum of two nonconsecutive days per week. In the event more than one outdoor farmers' market is established in the Borough, the Zoning Officer shall designate permissible days and times for each market to operate.
(4)
Signage for Outdoor Farmers' Markets. A total of 32 square feet of sign area shall be permitted. The sign area may be divided into no more than two signs. The signs may be put in place no more than 48 hours prior to when the farmers' market is actually in operation and must be removed within 24 hours after the market is closed for the season. No more than 32 square feet of sign area for the farmers' market shall be permitted at any time on any one property. No internally lighted signs or portable signs on wheels shall be permitted. The signs must have a sign permit and shall be subject to all applicable requirements of this chapter.
(5)
Application and Zoning Permit for Outdoor Farmers' Markets. A zoning permit application for a farmers' market shall be filed with the Zoning Officer, who shall review the application and issue a zoning permit if the proposed market complies with all the standards of this chapter. The zoning permit application shall contain the following required information:
(a)
Name of the applicant and organizational affiliation;
(b)
A current copy of the sponsoring committee's or organization's bylaws or rules of operation;
(c)
Letter of authorization from the owner of the property on which the farmers' market is proposed to be located;
(d)
Existing zoning of site and contiguous properties;
(e)
Site plan, drawn to scale, showing proposed locations of all market uses as well as existing permanent structures and parking areas;
(f)
The proposed dates and times the market will be in operation;
(g)
Proof of liability insurance sufficient to cover the owner of land where the market is located and market participants;
(h)
Color rendering of temporary signage associated with the market and letters of authorization from property owners where the signage will be hung.
(6)
Suspension of Zoning Permit. The Zoning Officer is authorized to conduct inspections of the farmers' market to ensure compliance with the standards of this section. The zoning permit shall be suspended and the market immediately ceased in the event the Zoning Officer finds the market violates any of the provisions of this section or the conditions set forth in the zoning permit. The permit may be reinstated at such time as the violation is corrected.
N.
Flea Market.
An indoor or outdoor area where space is sublet to persons that sell goods to the public.
(1)
Outdoor sales areas shall not be located in the minimum front, side, or rear yards and shall be set back at least 25 feet from any lot line or street line.
(2)
Sales directly from vehicles shall be prohibited.
(3)
Tables and other accessories which are used for outdoor sales shall be stored within a completely enclosed building when the flea market is not in use.
(4)
Goods for sale must be removed from the site when the flea market is not in use.
(5)
A flea market shall not be open more than three days in any one week.
(6)
Outdoor sales areas shall not encroach upon required parking areas and shall be separated from traffic movement on the site.
(7)
The proposed flea market shall be served by adequate water and sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed to the satisfaction of the Borough Council.
O.
General Merchandise Store.
A building with 5,000 to 10,000 square feet of floor area in which retail merchandise is sold, except for any type of business selling any type of merchandise which is specifically listed in this chapter. (See definitions for "retail center" and "retail store.")
(1)
Hours of operation shall be scheduled to optimize compatibility with surrounding nonresidential uses.
P.
Health Club.
A commercial establishment which, as its primary purpose, provides facilities for individual physical health activities, such as aerobic exercise, running and jogging, use of exercise equipment, saunas, showers, steam rooms and lockers. As part of an overall fitness program, this use may also include classes for cardio and weight conditioning, martial arts, yoga, pilates, and similar activities. Such classes may only be offered in conjunction with other activities and facilities designed to improve physical fitness and shall not be the primary use (i.e., studio). Such establishments are operated as a business even if open only to members and their guests on a membership basis and not to the public at large paying a daily admission fee.
(1)
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhoods.
(2)
Except for a snack bar, dining services and/or the service of alcoholic beverages shall not be part of the regular activities at the facility.
(3)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth.
(4)
Outdoor recreation areas shall be sufficiently screened and isolated so as to protect the neighborhood from inappropriate noise and other disturbances.
Q.
Hotel (Motel).
A building or group of buildings which contains six or more rental units for overnight lodging of travelers or for the temporary occupancy of transients, licensed under applicable laws.
R.
Indoor Theater.
A commercial facility providing entertainment in the form of performers, music, theater, or movies, not including activities associated with adult bookstore, adult-oriented establishment and/or massage parlor.
S.
Kennel.
A place where dogs or cats are boarded for a fee.
(1)
All kennels shall provide the minimum area for kennels required by state regulations.
(2)
All buildings in which animals are housed and all runs shall be located at least 100 feet from all lot lines.
(3)
Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(4)
Outdoor runs may be provided so long as a visual barrier at least four feet in height is provided between the runs and a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
T.
Laundromat.
A type of personal service use offering self-service machines for the cleaning and drying of clothes or providing the cleaning and drying of clothes to individual households.
U.
Live-Work Unit.
(1)
Occupations permitted may include accountants; architects; artists and artisans; attorneys; computer software and multimedia related professionals; consultants; engineers; fashion, graphic, interior and other designers; insurance, real estate, and travel agents; photographers; and similar occupations.
(2)
Each live-work unit shall have adequate and clearly defined working space, constituting not less than 50% of the gross floor area of the live-work unit. Each unit must also be equipped with an enclosed bathroom containing a bathroom sink, water closet, shower, and kitchen with stove and oven.
(3)
A maximum of one employee (other than the unit owner) may be permitted to work in the unit at any given time.
(4)
A minimum of one off-street loading area shall be provided for every 50,000 gross square feet of space occupied by live-work units. No off-street loading area shall be required for any live-work building that contains less than 5,000 gross square feet of space occupied by live-work units.
V.
Massage Parlor.
An establishment which has as its primary business purpose the treating of the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with hands, feet or any instrument; provided, however, that this definition shall not include any business establishment operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists or licensed barbers engaged in performing functions authorized under the license held; and, provided further, however, that this definition shall not include any business or establishment operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts.
W.
Medical Equipment Retail Store.
A retail store (as defined herein) where the majority of merchandise sold is supplies which are used for the provision of medical and other health-related services, including diagnostic, treatment or rehabilitative services.
X.
Miniature Golf.
An establishment providing a novelty version of golf played with a putter and golf ball on a small obstacle course.
Y.
Mixed Use, Residential/Nonresidential.
A mix of residential and nonresidential uses located in the same structure located on a single lot.
(1)
A mix of residential and nonresidential uses may be located in the same structure located on a single lot if such uses are permitted in either the underlying or overlay districts.
(2)
Dwellings shall be located on any floor except the ground floor, except for live-work units.
(3)
Any additional standards that are needed to protect public health, safety, and welfare, or to address unique characteristics of a particular site defined by the Borough Planning Commission and/or Council, shall be complied with by the landowner and/or developer.
Z.
Mobile Home Sales.
The sale of mobile homes and manufactured homes.
AA.
Personal Service.
A building in which a business provides a service oriented to personal needs which does not involve primarily retail sales of goods or professional advisory services. Personal services include barbershops and beauty shops, shoe repair shops, household appliance repair shops and other similar establishments.
BB.
Pharmacy.
An establishment which is licensed by the Board of Pharmacy, managed by a licensed pharmacist and where drugs and medicines are prepared and dispensed.
(1)
Within the Town Center District, Neighborhood Commercial District, and Pedestrian-Oriented, Mixed-Use Overlay District, drive-through facilities shall not be permitted.
CC.
Restaurant, Fast-Food.
A restaurant providing for an inside window or service area or cafeteria line where customers place their orders and food is served for consumption at seating areas within the building and for customer take-out. This type of restaurant may also have a drive-through service, except in the Pedestrian-Oriented, Mixed-Use Overlay District.
(1)
Shall screen all trash containers.
(2)
Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives.
(3)
May provide an outdoor menu board, which shall be considered a sign, if drive-through service is provided from within the building to customers in their vehicles.
(4)
Shall provide a minimum ten-foot service drive for drive-in service, except in front of the pickup window, where the service drive shall be a minimum of eight feet.
(5)
Outdoor eating and food service is permitted as a use accessory to a restaurant use only where the requirements set forth in § 318M, for outdoor eating accessory to restaurant, are met.
(6)
Trash receptacles shall be provided outside the restaurant for patron use.
(7)
A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant.
DD.
Restaurant, Food Take-Out Establishment.
A place such as a snack bar, dairy bar, or hamburger or hot dog stand where customers are served at a service area or an exterior window and where no inside seating facilities are provided.
(1)
Outdoor eating and food service are permitted as a use accessory to a restaurant use only where the requirements set forth in § 318M, for outdoor eating accessory to restaurant, are met.
(2)
Within the Town Center District, Neighborhood Commercial District, and Pedestrian-Oriented, Mixed-Use Overlay District, drive-through facilities shall not be permitted.
EE.
Restaurant, Standard.
An establishment used for the purpose of furnishing meals to the public which are to be consumed within the building or the place of business, with limited take-out service and where waiters and/or waitresses serve all food and beverages to patrons.
FF.
Retail Center.
A building with 10,000 square feet or more of floor area in which retail merchandise is sold, except for any type of business selling any type of merchandise which is specifically listed in this chapter. (See definitions for "retail store" and "general merchandise store.")
GG.
Retail Store.
A building with less than 5,000 square feet in floor area in which retail merchandise is sold, except for any type of business selling any type of retail merchandise which is specifically listed in this chapter. (See definitions for "retail store" and "general merchandise store.")
(1)
Hours of operation shall be scheduled to optimize compatibility with surrounding nonresidential uses.
HH.
Studios (Photography, Artistic, or Musical).
The use of a building or part thereof for the production or instruction of dance, live music, creative writing, painting, drawing, pottery or sculpture, video, moving or still photography, none of which involves amplified sound, welding or the use of fiberglass, epoxy or hazardous materials. It shall also include the use of a building or part thereof for the instruction of martial arts, yoga, pilates, and activities of a similar nature. The use shall not be considered a health club.
II.
Tavern.
A bar, saloon or similar establishment where liquors and beer are primarily sold to be consumed on the premises.
(1)
A tavern, bar or pub shall comply with the minimum distance separation requirements as defined by the Pennsylvania Liquor Control Board (PLCB).
(2)
No audio speakers or equipment shall be installed inside or outside the location of such use which would cause sounds to emanate to the exterior of the premises.
(3)
Hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance, or interruption.
JJ.
Up to Two Apartments above a Nonresidential Use.
Up to two apartments located on the second or third floor above a nonresidential use on the first floor.
KK.
Vocational School.
An establishment offering regularly scheduled instruction in professional, technical, commercial or trade skills, such as, but not limited to, business, real estate, building and construction, electronics, computer programming and technology, automotive and aircraft mechanics and technology, and similar types of instruction. This use does not include a public or private school or a day-care center.
7.
Utility, Transportation Uses.
A.
Fire Station.
(1)
Shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.[6]
[6]
Editor's Note: The Official Street Classification Map is included as an attachment to this chapter.
B.
Heliport.
An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
C.
Public Utility.
Generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; transformer station; pumping station; and similar facilities that are necessary to provide the general public with electricity, gas, heat, steam, communication, water, and sewage collection; rail lines; or other similar service. The term "utility" shall not be construed to include corporate or general offices, gas or oil processing, manufacturing facilities, or other uses defined in this section.
(1)
Such use shall be screened by a planted twenty-foot buffer yard in accordance with the regulations in § 404, Subsection 4, of this chapter.
(2)
A fence or wall shall be provided around the perimeter of the public utility facility a minimum of eight feet in height and shall be of the type and nature that will maintain the established character of the surrounding neighborhood. The applicant shall provide evidence that the proposed fence or wall will be in keeping with the character of the neighborhood, and the Borough Council may reduce the height of the fence requirement accordingly.
(3)
Perimeter fences and walls shall be set back from the property lines a minimum of five feet in order to establish a landscape buffer between the fence/wall and the adjacent property.
(4)
No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids is permitted.
(5)
In addition, the owner(s) and operator(s) of a public utility facility shall provide the Zoning Officer and the Fire Chief notice of the equipment, materials, and processes used as part of the service station activities by including such information as part of any land development application or any permit application for new construction.
(6)
Substations. All equipment shall be enclosed in a building or by a sight-obscuring screen, masonry wall, wooden fence, or chain-link fence with evergreen vines at least eight feet in height.
D.
Telecommunication Facility.
A structure or structures intended for transmitting or receiving radio, television, microwave, infrared, or telephone communications, or any telecommunications facility, including a tower, antenna or associated buildings, for cellular and personal wireless communications used to transmit or receive cellular and personal wireless telecommunications signals.
(1)
The telecommunication facility shall be no higher than the maximum building height that this chapter allows for the principal building on the same lot as the transmitter/tower.
E.
Transit Station.
A facility used or intended to be used as an area for loading, unloading, and interchange of transit passengers. Typical uses include bus terminals, rail stations, and passenger-related mass transit facilities.
8.
Industrial Uses.
A.
Bottling Industry.
The transformation of raw ingredients, by physical or chemical means, into beverages and/or bottling beverages for distribution.
B.
Bulk Recycling Center.
A recycling collection center (as defined in Subsection 8J) that handles greater than 50 tons of recyclables per day.
(2)
All solid waste storage and loading, unloading and sorting shall be at least 200 feet from any public street or exterior lot line.
(3)
All areas to be used for the storage or loading or unloading of solid waste shall be a minimum of 500 feet from any residential district or publicly owned park or any existing dwelling that the applicant does not have an option to buy or the banks of any nonintermittent creek or river.
(4)
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 30 feet.
(5)
The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of applicable state or federal regulations shall also be considered to be violations of this chapter.
(6)
Any loading and unloading and/or sorting operations that involve solid waste other than recyclables shall occur within an enclosed building and any trailer that is directly connected to the building.
(7)
Any loading and unloading and/or sorting operations involving solid waste other than only recyclables shall occur over an impervious surface, which shall be drained into a holding tank that can then be adequately treated.
(8)
The applicant shall prove to the satisfaction of the Zoning Officer that there will be adequate measures in place to avoid noxious odors off of the tract.
(9)
A chain-link or other approved fence with a minimum height of eight feet shall surround any areas where solid waste is stored or processed to prevent the scattering of litter and to keep out children.
(10)
A minimum lot size of six acres shall be required, except that one additional acre of lot area shall be required for each 50 tons per day over the initial 50 tons per day that is processed at the site. A maximum of 100 tons per day shall be processed at any site.
(11)
Health Hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(12)
Attendant. An attendant shall be present during all periods of operation.
(13)
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
(14)
Emergency Access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(15)
Hours of Operation. Under the Borough's authority to reasonably limit operations under Act 101 of 1988, the use shall not operate between the hours of 7:00 p.m. and 8:00 a.m.
(16)
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(17)
Dangerous Materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed of or incinerated.
(18)
The applicant shall provide sufficient information for the Borough to determine that the requirements of this chapter will be met.
(19)
State Requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Borough and state levels, the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Borough regulation in a particular aspect.
(20)
No more than 200 vehicle or equipment tires may be stored on site at one given time.
(21)
Minimum lot setback to all front, rear and side yards is to be 200 feet.
C.
Existing Manufacturing Conversion.
Structures that currently contain or previously contained an industrial operation, that were constructed prior to 1940, and that contain at least 20,000 square feet of total floor area may be used for or converted to a clean, light industrial use which includes the assembly, fabrication or other industrial process of finished parts or products, primarily from previously prepared materials, where there are few external effects (such as noise, dust, glare, odors or vibration) across property lines. All processing, fabricating, assembly, disassembly or other industrial processing of items shall take place wholly within an enclosed building. This use includes but is not limited to: |
A. | A business engaged in the processing, fabrication, assembly, treatment or packaging of food, textiles, instruments, computers, aerospace, medical, communication, and electronic products and devices. | |
B. | Technology-based businesses, such as Internet sales or e-commerce, software design/production, web page design/production, advertising and video production, semiconductor and telephony. | |
C. | Data center that includes the storage, processing, management, and dissemination of data in servers and/or associated computer equipment. | |
D. | Engineering, design, research and development, photonics/optics and prototype development. | |
E. | Similar uses as determined by Borough Council. |
(1)
The use does not constitute a danger to the community because of medical or biological waste, explosive, highly flammable, combustible, chemical, corrosive, oxidizing or radioactive materials.
D.
Food Processing and Packaging.
The transformation of raw ingredients, by physical or chemical means, into food, or of food into other forms; and packaging and shipping these food products.
E.
Manufacturing Processing, etc.
The large-scale process in which manual labor or machinery is used to transform raw materials into finished goods or wares.
F.
Medical Laboratory.
A building for medical-related testing, scientific experimentation and research.
G.
Mini Warehouse.
A building or group of buildings situated in a controlled-access compound which are divided into individual separate access units which are rented or leased for the dead storage of tangible personal property.
(1)
Individual Storage Units. No individual storage unit shall be greater than 200 square feet. All such units shall be fireproof and waterproof. Each shall have separate ingress and egress secured by the user.
(2)
Outdoor Storage. It is limited to RVs, campers, boats on trailers, automobiles, and trucks two tons or less in capacity and trailers (noncommercial only). It must be parked on paved areas. All such items must be licensed and inspected (if applicable) and in operable condition.
(3)
Prohibitions. The following shall be prohibited:
(a)
No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins.
(b)
No storage in interior traffic aisles, off-street parking areas, loading areas or driveway areas.
(c)
No servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment.
(d)
No storage permitted other than dead storage.
(4)
Inspection. All Fire Chiefs, Fire Marshals, police, Building Inspectors, and Department of Health inspectors of the Borough of Quakertown and County of Bucks shall have the right to inspect each unit within the self-storage facility at such times as such inspections are determined necessary by the Borough Manager and the above-mentioned officials for the protection of the health, safety and welfare of the Borough residents and the facility users. The persons in control of the facility shall have available, at all times, the means of obtaining ingress to each separate storage unit.
(5)
Off-Street Parking Requirements and Standards.
(a)
One off-street parking space shall be required for each employee (full- or part-time). One off-street parking space shall also be provided for every five storage units. These latter spaces, for use by the tenants, shall be equitably distributed throughout the complex. There shall also be one off-street parking space for every 25 storage units.
(b)
These spaces shall be adjacent to the entrance and to the manager's office for use by guests and business invitees.
(c)
Parking lanes shall be 10 feet wide. Two-way travel lanes shall be 26 feet wide. Nonvehicular travel lanes shall be 20 feet wide.
(6)
Height. Maximum building height is 15 feet.
(7)
Fencing. A seven-foot-high chain-link security fence or block wall of equivalent height shall be provided.
(8)
Lighting. Adequate lighting to illuminate the area but directed away from all residential areas or so shielded to reflect light away shall be provided.
(9)
Security. A continual security guard shall be provided during hours of access. At all other times, electronic security shall be provided.
(10)
Screen Planting. A screen planting next to the security fencing or wall shall be established and maintained. It shall be of sufficient type, kind and quality so as to completely screen out the security fencing within three to five years.
H.
Motor Freight Terminal.
The building plus contiguous space to which freight is brought for transfer, assembly and sorting for shipment by motor truck.
I.
Printing and Publishing.
A building or group of buildings housing the processes used in printing, publishing and binding of books, newspapers, or other printed material.
J.
Recycling Collection Center.
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities. ("Recycling facility" as defined by Act 101 of 1988.)
(1)
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
(2)
Such facility shall have adequate provision for serving by truck if needed and for off-street parking.
(3)
A buffer yard with screening as described in § 404 shall be provided between this use and any abutting dwelling or abutting undeveloped residentially zoned land.
(4)
This use may be a principal or accessory use, including being accessory to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough-owned use, subject to the limitations of this section.
(5)
Materials to be collected shall be of the same character as the following materials: paper, cardboard, aluminum, metal, plastic and glass. No garbage shall be stored as part of the use, except for that accidentally collected with recyclables and that generated on site by the use itself.
(6)
The use shall include no operations other than collection, sorting, baling, loading and routine cleaning. No burning or landfilling shall occur.
(7)
The use shall not include the collection or processing of any metals or pieces of metal that have a weight greater than 25 pounds.
(8)
The use shall not include the delivery of more than 20 tons of materials to the site in any twenty-four-hour period. A maximum of 300 tons of materials shall be stored on the site at any one time. See "bulk recycling center."
(9)
Any machinery that produces noise that can be heard beyond the property lines of the use shall not be used within 150 feet of a dwelling, nor shall it be used between the hours of 7:00 p.m. and 8:00 a.m.
(10)
Minimum lot size is to be three acres. Minimum lot setback to all front, rear and side yards is to be 100 feet.
K.
Research, Testing or Engineering Laboratory.
Laboratories where research, engineering or testing takes place, provided there are no high explosives or deadly chemicals used or stored.
L.
Solid-Waste-to-Energy Facility as a Municipal Use.
A processing facility, municipally controlled, owned, and/or operated, that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy. The term does not include: |
A. | Any compositing facility. | |
B. | Methane gas extraction from a municipal waste landfill. | |
C. | Any separation and collection center, drop-off point or collection center for recycling, or any source separation or collection center for composting leaf waste. | |
D. | Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day. | |
E. | "Resource recovery facility," as defined in Act 101 of 1988. |
(1)
Will provide landscaping to buffer and screen the use from surrounding properties, to compliment buildings and other structures on the site and to enhance the overall character of the development.
(2)
Will provide fencing, walls, berming, terraces, walkways and other site improvement features to compliment the proposed landscaping.
(3)
Will provide adequate signage which shall be crafted to be attractive and of the highest graphic quality in keeping with the character of surrounding properties.
(4)
Will provide effective, subdued lighting using light posts and fixtures complimentary to the proposed architecture and the character of the surrounding neighborhood.
(5)
Will provide for adequate environmental controls and performance standards to minimize noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions and outdoor storage.
(6)
Will include proposals for effective mitigation of potential adverse environmental impacts through a satisfactory environmental impact assessment report in accordance with § 408, Subsection 5.
(7)
Will not exceed 45 feet in height for the building housing the primary facility and will not exceed 75 feet in height for any stack.
(8)
Will provide safeguards for the emission exhaust stack, including, but not limited to, EPA requirements, FAA limitations for height limits relative to airports and sound engineering practices.
(9)
Will provide an environmental monitoring program as required in the environmental impact assessment report, § 408.
(10)
Minimum lot size is to be six acres per 50 tons of capacity in the facility. Minimum lot setback to all front, rear and side yards is 300 yards.
M.
Solid-Waste-to-Energy Facility as a Nonmunicipal Use.
A processing facility controlled, owned, and/or operated by a nonmunicipal entity that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy. The term does not include: |
A. | Any composting facility. | |
B. | Methane gas extraction from a municipal waste landfill. | |
C. | Any separation and collection center, drop-off point or collection center for recycling, or any source separation or collection center for composting leaf waste. | |
D. | Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day. | |
E. | "Resource recovery facility" as defined in Act 101 of 1988. |
N.
Solid Waste Transfer Facility.
A facility which receives and temporarily stores solid waste at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. The term includes land affected during the lifetime of the operations, including, but not limited to, areas where storage or transfer actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection and transportation facilities, closure and post-closure care and maintenance activities, and other activities in which the natural surface has been disturbed as a result of or incidental to operation of a transfer station. A facility is a transfer facility regardless of whether it reduces the bulk or volume of waste. The term does not include portable storage containers used for the collection of municipal waste other than special-handling waste. ("Transfer facility" as defined by Act 101 of 1988.)
(1)
All solid waste storage and loading and unloading shall be at least 200 feet from the right-of-way of any public street or exterior lot line.
(2)
All areas to be used for the storage or disposal of solid waste shall be a minimum of 500 feet from any of the following: undeveloped residentially zoned land, publicly owned park, existing dwelling which the applicant does not have an agreement to purchase, or the banks of any nonintermittent creek or river.
(3)
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 30 feet.
(4)
The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of applicable state or federal regulations shall also be considered to be violations of this chapter.
(5)
The entire loading and unloading process and any compacting shall occur within an enclosed building and any trailer that is directly connected to the building.
(6)
The applicant shall prove to the satisfaction of Borough Council that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residential or residentially zoned areas.
(7)
No unit of solid waste (other than oversized items) shall remain on the site for more than 96 hours. Oversized items that cannot be compacted shall be stored within a building.
(8)
Loading and unloading operations shall occur over an impervious surface, which shall be drained into a holding tank that can then be adequately treated.
(9)
The applicant shall prove to the satisfaction of the Borough Council that the use would not routinely create noxious smells off of the tract.
(10)
A chain-link or other approved fence with a minimum height of eight feet shall surround the facility to prevent the scattering of litter and to keep out children.
(11)
A minimum lot size of three acres shall be required, except that one additional acre of lot area shall be required for each 50 tons per day over the initial 50 tons per day that is processed at the site. A maximum of 100 tons per day shall be processed at any site.
(12)
Health Hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(13)
Attendant. An attendant shall be present during all periods of operation or dumping.
(14)
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
(15)
Emergency Access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(16)
Hours of Operation. Under the Borough's authority to reasonably limit operations under Act 101 of 1988, the use shall not operate between the hours of 7:00 p.m. and 8:00 a.m.
(17)
At the end of each workday, all municipal solid waste on the site shall be compacted in a transfer container.
(18)
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(19)
Dangerous Materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed of or incinerated.
(20)
A buffer yard meeting the requirements of § 404, Subsection 4, shall be required between the use and any abutting dwelling or residential district, and between any outdoor storage area or any outdoor area used for the parking of waste hauling trucks and any arterial or collector street.
(21)
The applicant shall provide sufficient information for the Borough to determine that the requirements of this chapter will be met.
(22)
State Requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that, when similar issues are regulated on both the Borough and state levels, the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Borough regulation in a particular aspect.
(23)
Minimum lot setback to all front, rear and side yards is to be 200 feet.
O.
Warehouse.
A building or group of buildings primarily used for the commercial storage, transfer and distribution of products and materials.
P.
Wholesale Trade.
The sale of goods to retailers, who in turn will resell these goods to consumers.
Q.
Woodworking, Cabinet Making, Furniture Making.
Production of cabinets, furniture, and other similar items from wood and other materials.
§ 316 Special Exception Uses.
[Ord. 983, 3/4/1992, § 3.16; as amended by Ord. 1053, 9/1/1999, § 1G; and by Ord. 1147, 12/3/2008]
1.
Special Exceptions. The Zoning Hearing Board shall grant or refuse special exceptions under the following conditions:
A.
Only those applications for special exceptions shall be heard and acted upon which are specifically authorized by the terms of this chapter. However, the Zoning Hearing Board may then issue permits with such conditions and safeguards as it deems necessary under this chapter.
B.
Application shall have been made in writing indicating the section under this chapter under which a permit is sought.
C.
Special exceptions for which a review of the Planning Commission is required, as noted in this Part, shall be referred by the Zoning Hearing Board to the Planning Commission for review. Failure of the Planning Commission to submit a written report of its recommendations to the Zoning Hearing Board within 30 days of the receipt for such review shall constitute approval.
2.
Approval and Expiration of Special Exception Uses.
A.
The Zoning Hearing Board shall approve any proposed special exception use if they find adequate evidence that any proposed use will meet:
B.
In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it may deem necessary to implement the purposes of this chapter.
C.
A special exception use or a variance that is granted by the Zoning Hearing Board automatically expires if no permit is issued within one year of the order granting the use or variance or if no substantial work has been performed within four months from the day the permit was issued.
D.
See § 704, Subsection 6D, for regulations regarding expiration of special exceptions.
3.
General Standards. Special exception uses shall comply with all of the following general standards:
[Amended by Ord. 1215, 4/6/2016]
A.
In conformance with the spirit, purposes, intent and all applicable requirements of this chapter.
B.
In conformance with all applicable provisions of all other Borough ordinances.
C.
In accordance with the Comprehensive Plan.
D.
In conformance with all applicable state and federal laws, regulations and requirements.
E.
Suitable for the particular location in question.
§ 317 Conditional Uses.
[Ord. 983, 3/4/1992, § 3.17; as amended by Ord. 1053, 9/1/1999, § 1H]
1.
Purpose. Before a zoning permit is granted for any use listed as a conditional use in this chapter, a site plan shall be reviewed by the Planning Commission and approved by Borough Council. This procedure is provided because of the considerable impact that these uses tend to have on a community.
2.
Procedure.
A.
The Zoning Officer shall deny a zoning permit for the proposed development until written approval of Borough Council is obtained.
B.
All applicants for a conditional use shall submit seven sets of site plans for the proposed use to Borough Council as part of the application for a zoning permit.
D.
Borough Council shall forward one copy of the site plan to the Zoning Officer and one copy to the Planning Commission within seven days of receiving the submission.
E.
The Zoning Officer shall, prior to the next regularly scheduled Borough Council meeting, review the plan to determine compliance with this chapter and submit a written report to the Borough Council.
F.
The Planning Commission shall, prior to the next regularly scheduled Borough Council meeting, review the plan to determine compliance with this chapter and submit a written recommendation to the Borough Council.
G.
The Borough Council shall not decide the case without reviewing the reports received from the Zoning Officer and Planning Commission. Failure of either the Zoning Officer or the Planning Commission to submit a written report prior to the next regularly scheduled meeting shall not prevent the Borough Council from hearing and deciding the request.
H.
Borough Council shall review the submission for the proposed use and approve or disapprove the use within 60 days from the date an application has been properly submitted. Approval may be made conditional upon the applicant's adoption of specified changes in the submission.
I.
The decision of Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
3.
4.
General Standards. Conditional uses shall comply with all of the following general standards:
[Amended by Ord. 1215, 4/6/2016]
A.
In conformance with the spirit, purposes, intent and all applicable requirements of this chapter.
B.
In conformance with all applicable provisions of all other Borough ordinances.
C.
In accordance with the Quakertown Comprehensive Plan.
D.
In conformance with all applicable state and federal laws, regulations and requirements.
E.
Suitable for the particular location in question.
F.
Not detrimental to the public health, safety and/or general welfare of the adjoining properties and the Borough.
G.
Will be compatible with the character and type of development existing in the area which surrounds the site in terms of the size, scale, height and bulk of the proposed uses and the size, shape and placement of buildings and other structures.
H.
Will not detract from or cause harm to neighboring properties by creating a negative impact on the aesthetic character of the community.
I.
Will be compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use.
J.
Will reflect effective site planning and design in terms of energy efficiency, environmental protection and aesthetic composition.
K.
Will be reflective of sound engineering and land development design and construction principles, practices and techniques.
L.
Will be consistent with the logical, efficient and cost-effective extension of public services and utilities and will not adversely affect the public services and utilities of surrounding properties of the Borough as a whole in terms of public water, sewer, police and fire protection.
M.
Will provide safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions or excessive traffic volumes.
N.
Will be developed so as to limit the number of access points along a major public street, and to develop frontage of buildings on access roads which are parallel or perpendicular to a major public street.
O.
Will provide any improvements needed to guarantee compatibility with adjoining roads.
P.
Will provide adequate off-street parking and loading which will be minimally visible from adjoining public streets.
Q.
Will utilize effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complimentary to the proposed site grading and landscaping.
R.
Will preserve woodlands and other trees existing at the site to the maximum extent possible.
§ 318 Accessory Uses.
[Ord. 983, 3/4/1992, § 3.18; as amended by Ord. 1000, 9/1/1993, § 1; and by Ord. 1004, 7/6/1994]
1.
In General. An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.
2.
Yard Requirements. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this chapter.
3.
Special Standards. Each accessory use shall comply with all of the following standards listed for that use:
[Amended by Ord. 1198, 2/6/2013; and by Ord. 1215, 4/6/2016]
B.
Arcade (Accessory).
A place of business where six to 12 coin-operated games, such as video screen game machines, pool tables and pinball machines, are located.
(1)
A maximum of six coin-operated games and other equipment within a business shall be accessory to the principal use in the building.
C.
Commercial Outdoor Storage and Display.
(1)
Location. Shall not occupy any part of the street right-of-way, area intended or designed for pedestrian use or required parking area.
(2)
Size. Shall occupy an area less than 1/2 the existing building coverage. A special exception may be authorized by the Zoning Hearing Board for no more than 25% of the lot area to be used for outdoor storage or display.
(3)
Open Space in Front Yard. Any commercial outdoor storage and display area shall be located a minimum of 10 feet from the street right-of-way.
E.
Flea Market (Accessory).
An indoor or outdoor area where space is sublet to persons that sell goods to the public.
(1)
This use shall not be permitted in the off-street parking and loading areas of the principal use, shall not be located within the front yard of the principal use and shall be operated not more than two days in one week.
F.
Garage Sales.
Includes all sales entitled "garage sale," "yard sale," "lawn sale," "attic sale," "rummage sale," "general household sale," "auctions" or any similar casual sale of tangible property.
G.
Home Occupation.
An accessory use that is customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling unit, except that, in connection with the practice of the medical profession or with other offices whose operations require supplementary secretarial, clerical, accounting or drafting skills, one person not residing in such dwelling may be employed.
(1)
Number. No more than one home occupation shall be permitted per dwelling unit.
(2)
Location and Workers. The use customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling unit, except that, in connection with the practice of the medical profession or with other offices whose operations require supplementary secretarial, clerical, accounting or drafting skills, one person not residing in such dwelling may be employed.
(3)
Size. The use shall not occupy more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less.
(4)
Signs. See Table 5.2.[1] Only one on-premises sign is permitted.
[1]
Editor's Note: Table 5.2 is included as an attachment to this chapter.
(5)
Parking and Loading. Adequate space for off-street parking and loading shall be provided.
(6)
Building Appearance. There shall be no outdoor storage or display and no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of such home occupation or home professional office other than a sign.
(7)
Nuisances Prohibited. No machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the subject property.
(8)
Trucks Prohibited. No trucks or similar vehicles for pickup or delivery are allowed.
(9)
Sale of Articles. Only articles that are produced on the premises shall be sold on the premises. Articles produced elsewhere shall not be sold on the premises.
(10)
Permitted and Prohibited Uses. Fine arts studios, professional and medical offices, dressmaking, beauty parlors, barbershops, real estate offices, insurance offices and similar occupations are permitted, but not commercial stables, kennels or any occupation that may customarily require the use of a panel truck or delivery truck or similar vehicle.
H.
Hospital Accessory Use.
I.
Keeping Animals or Fowl.
(1)
Number. No more than four customary household pets or domestic animals (e.g., dogs, cats, etc.) and no more than 14 fowl (e.g., chickens, turkeys, etc.) may be kept.
(2)
Commercial Use. Commercial breeding or use of these pets shall not be permitted under this use.
(3)
Large Animals and Fowl. Large animals (such as cattle, horses, goats and pigs) and fowl (such as chickens and turkeys) shall be stabled or housed in buildings at least 100 feet from any lot line. Large grazing animals may be kept only on lots of 1 1/2 acres per animal in size.
J.
No-Impact Home-Based Business.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. It is located on the same lot with and is clearly incidental to a permitted dwelling in which the operator of the home business resides.
(1)
This use shall only be permitted on the same lot with and clearly incidental to a permitted dwelling in which the operator of the home business resides.
(2)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(3)
The business shall not employ anyone other than family members residing in the dwelling.
(4)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(5)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(6)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television or telephone receiver off the lot or causes fluctuations in line voltage off the lot.
(7)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use.
(8)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area of the principal residential structure.
(9)
No home business shall be located in an area needed to meet the off-street parking requirements of the principal residence.
(10)
The business may not involve any illegal activity.
K.
Noncommercial Swimming Pool.
L.
Nursery School and/or Day-Care Center.
Nursery School and/or Day-Care Center that is accessory to another use.
M.
Outdoor Eating Accessory to Restaurant.
A use accessory to a restaurant use whereby food and/or beverage is served and consumed on public sidewalk space located outside of the restaurant.
(1)
The outdoor eating area shall be open to the sky, with the exception that it may have a retractable awning or umbrellas and may contain furniture, including tables, chairs, and planters that are readily movable.
(2)
Location of Outdoor Eating Areas:
(a)
No outdoor eating or food service shall be permitted within the right-of-way of any street or within the sidewalk area, except as provided in Subsection 3M(9) below.
(b)
All outdoor eating areas shall be located a minimum of 10 feet from a side or rear property line where the restaurant abuts or is adjacent to a residential zoning district.
(3)
No outdoor service shall be provided before 6:00 a.m. or after 11:00 p.m.
(4)
No amplified music or sound is permitted. All activities, including the playing of music, shall comply with the noise regulations of this chapter.
(5)
The carrying of any open container of alcoholic beverages is prohibited outside the delineated area of the outdoor eating area.
(6)
No outdoor eating area shall interfere with safe pedestrian and vehicular traffic on or in the vicinity of the restaurant or lot.
(7)
Outdoor food preparation is prohibited, and there shall be no outdoor bar for beverage service.
(8)
All trash shall be removed from the outdoor eating area and from the area surrounding the outdoor eating area on at least a daily basis.
(a)
Temporary outdoor dining area, as an accessory use to small commercial buildings, provided that the use is located within sidewalk areas that are 10 feet in width or greater, seating is provided for not more than 12 customers, and the following conditions are met:
(b)
Outdoor dining areas shall have a continuous, unobstructed pathway five feet in width between the seating area and any obstacle (e.g., tree, pole, post, sign, or planting area).
(c)
No sidewalk dining area shall be situated within five feet of any pedestrian crossing, fire hydrant, driveway, curbline, or in a manner which visually obstructs vehicular traffic sight lines, traffic control devices, or signs.
(d)
No outdoor dining area may be permanently located within the sidewalk area by means of a raised platform, fence, wall, or other structures or enclosed by a fixed wall.
(e)
Outdoor tables, chairs, furniture and decorative items shall be of uniform design and shall be removed from public property November 1 through March 31.
(9)
The outdoor eating area may not occupy areas that are required by the establishment to meet the parking requirements of this chapter.
N.
Outdoor Storage or Display.
O.
Residential Accessory Building, Structure or Use. Permitted residential accessory buildings, structures or uses include:
(2)
Fences and Walls.
(a)
Fences and walls in the required side and rear yard areas shall not exceed six feet in height (except tennis court fences, which shall not exceed 10 feet in height) and shall be no closer than the lot line or easement line.
(b)
Fences or walls placed in the required front yard and along any street line shall not exceed three feet in height and shall be no closer than the property line.
(3)
Freestanding, Separate Structures. Structures (such as bathhouses, greenhouses, and storage sheds) shall not exceed 15 feet in height and shall not be located in front of nor within 10 feet of the principal building, not within five feet from a side lot line, and not within five feet of a rear lot line.
P.
Seasonal Roadside Produce Market.
Roadside produce markets for the sale of dairy, farm, greenhouse or nursery products.
(1)
Size. The area where products are displayed or sold shall not exceed 800 square feet.
(2)
Location. The stand shall be at least 50 feet from an intersection and shall be at least 20 feet from the cartway.
(3)
Removal in Off-Season. The stand shall be portable, shall be maintained in good condition and shall be removed during seasons when products are not being offered for sale.
Q.
Sidewalk Sales.
Occasional, temporary display of retail merchandise or services offered for sale on the exterior of, but on the same property as, a permanent building which houses such sales or services. Sidewalk sales may include a temporary structure, such as a canopy or tent.
(1)
Sidewalk sales do not require a site plan approval but require a zoning permit, which shall be subject to the following criteria:
(a)
The business that will conduct the sidewalk sale shall be a permitted principal use.
(b)
Sidewalk sales shall take place on the same premises/lot as the "permanent" business to which they are related.
(c)
A sidewalk sale shall not exceed three consecutive business days in duration.
(d)
No more than six permits shall be issued for a property to conduct sidewalk sales during a calendar year.
(e)
Merchandise, temporary structures or other elements related to a sidewalk sale shall be located no less than five feet from a residential property line, excluding mixed-use properties.
(f)
Merchandise, temporary structures or other elements related to a sidewalk sale shall not be located in such a manner as to create a minimum clearance that is less than three feet for pedestrian travel on walkways.
(g)
Sidewalk sales may occupy up to 10% of an off-street parking lot but shall not occupy any barrier-free parking spaces or related access aisles; adequate vehicular access and illumination shall be maintained for the remainder of the parking lot that is not occupied by the sidewalk sale.
(2)
Submission Requirements. Applicants shall submit a copy of a site survey, a plot plan or a copy of an approved site plan for the property on which the sidewalk sale is to be conducted. The survey, plot plan or site plan should be clearly marked to depict the location and extent of the sidewalk sale so that the Zoning Officer may determine if the application meets all the requirements for this use in Subsection 3Q(1)(a) through (g) above. Such depictions do not require the engagement of a design professional in order to satisfy the submission requirements.
R.
Solar Energy System.
Any structure attached to a building or erected as a structure and attached to the ground and used for the purpose of generating solar energy.
(1)
No solar energy system shall deny solar access on adjacent lots, exceed the maximum height regulations for the zoning district in which it is located or be located within the front yard or within a required minimum side or rear yard.
S.
Temporary Structure.
A structure which is not designed to last or to be used for a specific use for more than one year.
(1)
A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
U.
Windmill.
A structure for the purpose of generating energy by utilizing wind-driven blades.
(1)
No windmill shall be located in front of the principal building.
(2)
No windmill shall exceed 55 feet in height.
(3)
All windmills shall be enclosed by a fence at least four feet in height which is located at least five feet from the base of such windmill. Any gate that may exist shall be a self-closing, lockable gate.
(4)
No windmill shall be permitted, the design of which permits any vane, sail or rotor blade to pass within 10 feet of the ground.
(5)
All electrical wiring leading from a windmill shall be located underground.
§ 319 Historic Preservation.
[Ord. 1121, 6/7/2006, § I]
1.
General and Legal Authorization.
A.
This section is to provide for the protection and preservation of historic buildings within the Borough of Quakertown (hereinafter referred to as the "Borough") by discouraging their demolition. This section creates a historic preservation overlay zoning district consisting of historic and architecturally significant buildings identified in the Quakertown Historic Building Inventory (hereinafter referred to as the "inventory") attached hereto.[1] Demolition of historically and architecturally significant buildings shall be as a conditional use that may be denied or allowed by Quakertown Borough Council (hereinafter referred to as "Council") after a recommendation from the Quakertown Planning Commission (hereinafter referred to as the "Planning Commission"). In making a decision on the conditional use application, Borough Council may attach reasonable conditions and safeguards as it may deem necessary to implement the purposes of these demolition provisions and any other provisions of the Zoning Ordinance.
B.
This section is created pursuant to authority contained in the Act of 1968, P.L. 805, No. 247, as enacted and amended, known as the Pennsylvania Municipalities Planning Code (Sections 603, 604, and 605). The Borough shall hereby create an ordinance in order to: (1) promote, protect, and facilitate the preservation of areas of historic significance; (2) preserve the historic values in the community; (3) provide for the protection of historic features and resources; and (4) protect places having unique historical, architectural or patriotic interest or value. This section is also established pursuant to Article 1, Section 27, of the Pennsylvania Constitution, which states that "the people have a right to clean air, pure water, and preservation of the natural, scenic, historic and aesthetic values of the environment."
2.
Purpose and Intent. It is the purpose and intent of the Borough to preserve and protect buildings of historic value that exist within the Borough. The Borough has marry historic buildings worthy of preservation from the 18th, 19th and 20th centuries. The Pennsylvania Historical and Museum Commission has determined that the Quakertown Historic District (hereinafter referred to as the "District") is eligible for listing on the National Register of Historic Places. Preservation of the historic buildings in the District and other buildings outside the District and identified on the inventory is in the best interest of the health, prosperity, welfare, cultural and environmental values of the people of the Borough by enhancing property values, and improving aesthetics of the built and natural environment.
3.
Quakertown Historic Building Inventory.
A.
The Planning Commission, based on the advice of a qualified historic preservation consultant, shall recommend to Council that an inventory be created. This inventory is to be established based on criteria listed in the definition of "historic building" in this section. Upon approval by Council, the inventory shall be the official list of historic buildings regulated by this section.
B.
Historic buildings newly designated as National Historic Landmarks, or listed on the National Register of Historic Places, by the National Park Service shall be placed in the inventory. Historic buildings that receive a determination of National Register eligibility by the Pennsylvania Historical and Museum Commission shall be placed in the inventory. The effective date of which shall be the date of such designation, listing or determination by the National Park Service, or Pennsylvania Historical and Museum Commission, as applicable. The Inventory is shown in Appendix A of this section.[2]
[2]
Editor's Note: Appendix A is on file in the office of the Borough Secretary.
C.
The Planning Commission shall also periodically review the inventory and may recommend to Council that buildings be added or removed from the inventory.
4.
Historic Preservation Overlay Zone. A Historic Preservation Overlay Zone (hereinafter referred to as the "Overlay Zone") is hereby created, consisting of the buildings and associated properties listed on the inventory. The Overlay Zone shall overlay the appropriate zoning districts in the Quakertown Borough Zoning Ordinance, and shall be shown on the official Quakertown Borough Zoning Map. All regulations of the underlying zoning districts shall remain in full effect, except that demolition of buildings in the Overlay Zone shall be allowed only by conditional use.
5.
Conditional Use Approval Criteria. In considering conditional use approval, Council shall presume that the demolition of the buildings listed on the inventory is not warranted. Council shall consider the historical and architectural significance of the building, as well as its current use, size, location, visibility and cultural value. Council may seek testimony and documentary evidence from persons knowledgeable about historic resources in the Borough, and may, based on the evidence presented, deny the applicant's request for a conditional use permit to demolish the building. Council shall also consider the testimony of the applicant and the applicant's representative(s) including any documentary evidence that may justify, structurally or financially, that the historic building should be demolished.
A.
If, based on the evidence, Council determines that demolition of the building is acceptable, it may impose any or all of the following conditions and safeguards on the applicant in order to implement the purposes of this ordinance:
(1)
A waiting period of up to 90 days may be imposed. The waiting period may be used to meet with the applicant to review alternatives to demolition. No demolition may occur during this waiting period.
(2)
The applicant may be required to adequately record and document the historical and architectural features of the building proposed for demolition, including but not limited to, photographs, floor plane, a videotaped recording, a site plan, a historical narrative, or a written architectural description of the building. Council may also require that recording and documentation of the building be carried out by a qualified historic preservation consultant. Council may require the applicant to provide a sufficient number of copies of the complete record and documentation as required in this paragraph to the Borough. If the building proposed for demolition is, based on a recommendation by a professional historic preservation consultant, a prominent, significant historic building, the applicant may be required by Council to hire a professional historic preservation consultant to perform a Historic American Building Survey (HABS) to document the historic building to be demolished.
(3)
The applicant may be required to move the historic building to another location in the Borough that has an acceptable setting and environment. Moving the historic building shall not be undertaken without adequate investigation, including the adequacy of the route to the proposed new location and the structural integrity of the building.
(4)
The applicant may be required to remove distinctive exterior architectural or historical features from the building and donate them to the Borough for use within the Borough.
(5)
The applicant may be required to design the new building on a property vacated by demolition of a historic building in such a manner so as to preserve and protect the surrounding historic buildings. The design of the new building shall be in harmony with the shape, size, materials, color, and architectural style of existing historic buildings in the area. The applicant may also be required to follow other architectural standards or guidelines as recommended by Council.
(6)
Council may require that properties where new buildings are not immediately proposed after the demolition of an historic building (such as properties proposed to be used as vacant lots, parking lots, open space or parks) be appropriately landscaped. Council may require landscape features, elements and vegetation that are appropriate to the architectural qualities and amenities of the surrounding historic buildings.
(7)
Other reasonable conditions and safeguards may be imposed upon the applicant in order to implement the purposes of this section.
B.
If the applicant does not agree with the conditions of the conditional use approval, Council may choose to not approve the conditional use application, thereby denying the demolition.
6. BUILDING CONTRIBUTING BUILDING DEMOLITIONA. B. C. HISTORIC BUILDINGA. B. C. D. (1) (2) (3) (4) (5) (6) (7) (8) (9) HISTORIC INTEGRITY QUAKERTOWN HISTORIC BUILDING INVENTORY QUALIFIED HISTORIC PRESERVATION CONSULTANTA. (1) (2) B. (1) (2) C. D. (1) (2)
Definitions. For purposes of this section, the following definitions shall apply:
Any construction having a minimum of three enclosed walls and a roof and includes outbuildings located on the property. Examples include, but are not limited to, a house, garage, barn, shed, privy, school, or train station.
A building that retains historic integrity and adds to the historic associations or historic architectural qualities of the historic district as identified in the inventory.
The dismantling, removal, razing or destruction of 50% or more of the perimeter walls of an historic building;
The dismantling, removal, razing or destruction of the main facade or roof line of the building facing the public street;
Physically moving an historic building from its original foundation to any other location in the Borough.
A building shall be designated historic if it is on the inventory identified in this section. A building qualifies for the inventory if it meets any of the following criteria:
A building that is designated a National Historic Landmark;
A building that is individually listed on or eligible for the National Register of Historic Places;
A building that is a contributing building in a historic district that is listed on, or eligible for the National Register of Historic Places; or
A building that does not meet designations A, B or C above, is 50 years old or older, retains historic integrity and meets at least one of the following criteria, as identified by a qualified historic preservation consultant appointed by Council:
Is of significant character, interest or value as part of the development, heritage or cultural characteristics of the Borough, county, region, commonwealth or nation;
Is associated with an event or person of importance to the history of the Borough, county, region, commonwealth or nation;
Embodies an icon associated with an era characterized by a distinctive architectural style;
Embodies distinguishing characteristics of an architectural style, building type or engineering specimen;
Is a noteworthy work of a designer, architect, landscape architect or designer, or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the Borough, county, region, commonwealth or nation;
Contains elements of design, detail, materials or craftsmanship which represent a significant innovation;
Is part of or related to a commercial center, park, community or other distinctive area which should be preserved according to a historic, cultural or architectural motif;
Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of a neighborhood or business district; or
Exemplifies the cultural, political, economic, social or historic heritage of the Borough.
The authenticity of a building's historic identity evidenced by the survival of physical characteristics that were present during the building's historic period.
An inventory of buildings judged to be historically significant to the Borough of Quakertown. The buildings' historical significance shall be determined and based on the definition of "historic building" in this section.
A person or firm meeting the Secretary of the Interior's professional qualification standards as follows:
History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field, plus one of the following:
At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or
Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.
Architectural History. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation or closely related field, plus one of the following:
At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or
Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.
Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a state license to practice architecture.
Historic Architecture. The minimum professional qualifications in historic architecture are a professional degree in architecture or a state license to practice architecture, plus one of the following:
At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects.
At least one year of full-time professional experience on historic preservation projects.
7.
Procedures for Review of Demolition of Historic Buildings. Upon receipt of an application for any demolition of an historic building in the inventory, the application shall be forwarded to the Planning Commission, who shall review the permit or application and make a recommendation regarding the demolition of the building to Council. The Planning Commission's recommendation may include reasonable conditions and safeguards to protect against the unregulated demolition of the building as outlined in the criteria for conditional use approval found in this section. Council shall then schedule a conditional use hearing concerning the application. At the conditional use hearing, Council shall review the recommendation of the Planning Commission, consider evidence presented by the applicant and others, and consider the historic and architectural significance of the building. All adjoining property owners (including those across the street) and any other person or group (including civic or community organizations) who has made a timely request for such notice, shall be notified by personally delivering or mailing a copy of the published notice. Council shall render a decision concerning the demolition of the building and may impose reasonable conditions and safeguards to protect against the unregulated demolition of the building as outlined in this section.
8.
Enforcement. No historic building listed on the Quakertown Building Inventory and/or shown in the Overlay Zone shall be demolished, removed or razed in a manner inconsistent with the provisions of this section. Such action shall be a violation of the Quakertown Zoning Ordinance, and be subject to penalties found in the Zoning Ordinance.
§ 320 Special Considerations for Municipal Use, Public Schools, and Fire Stations.
[Added by Ord. 1215, 4/6/2016]
The provisions of this chapter with respect to lot area, lot width, yard regulations, coverage regulations, parking and any and all other regulations or requirements of this chapter shall be inapplicable to Use 4G, Municipal Use, Use 4O, School, Elementary or Secondary, only those owned or operated by the Quakertown Community School District, and Use 7A, Fire Station, provided that Use 4O, School, Elementary or Secondary, and Use 7A, Fire Station, shall be subject to conditional use approval according to § 317 of this chapter.