Upper Makefield Township
City Zoning Code
City Zoning Code
ARTICLE VI
Commercial Districts
§ 600 VC-1 Village Commercial 1 District.
[Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article IV; adopted 11/20/2002. Amended effective 11/25/2002 by JMZO Ord. 2002-13, § 1.M; adopted 11/20/2002. Amended effective 10/2/2006 by JMZO Ord. 2006-09, §§ V-X; adopted 9/27/2006. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In the VC-1 Village Commercial 1 Districts, the following regulations shall apply:
Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other Articles herein.
Uses by Right. Any of the following uses shall be permitted, provided the Use Regulations, Article VIII, of this Ordinance have also been met:
Single-family Detached Dwelling, use B-1.
Forestry, use A-3.
(Reserved)
(Reserved)
(Reserved)
Commercial School, use C-3.
Recreational Facility, use C-5.
(Reserved)
Municipal Building, use C-14.
Office, use D-1.
Medical Office, use D-2.
(Reserved)
Retail Store, use E-1.
Service Business, use E-3.
Financial Establishment, use E-4.
Eating Place, use E-5.
Repair Shop, use E-7.
(Reserved)
(Reserved)
Emergency Services, use F-2.
Residential Accessory Structure, use H-3.
Boarding, use H-4.
Accessory Building, use H-5.
Temporary Structure, use H-7.
Swimming Pool, use H-8.
Accessory Retail, use H-9.
Dwelling in combination with a business, use H-10.
Microwave Antenna for Television Receiving only Satellite Earth Stations, use H-12.
No-Impact Home-Based Business, use H-2.
Use H-19, Accessory Solar Energy Equipment.
[Added effective 6/9/2013 by JMZO Ord. 2013-02, adopted 6/4/2013.]
Use H-20, Accessory Outdoor Wood-Fired Boilers.
[Added effective 4/11/2013 by JMZO Ord. 2013-03, adopted 4/6/2013.]
Use H-15.A, Roadside Stands.
[Added effective 7/27/2014 by JMZO Ord. 2014-01, adopted 7/23/2014.]
Accessory Electric Vehicle Charging Stations-Public Use, H-21B.
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with Article XIII, in addition to Article VIII, Use Regulations, of this Ordinance:
Uses by Special Exception. Any of the following uses shall be permitted as a special exception when authorized by the Local Zoning Hearing Board in accordance with Article XV and the Use Regulations, Article VIII, of this Ordinance:
Residential Conversion, use B-16.
Place of Worship, use C-1.
Community Center, use C-9.
(Reserved)
Specialty-Cultural Shopping Facility, use E-14.
Tavern, use E-17.
Funeral Home, use E-19.
Utility Office, use F-4.
Utility Operating Facility, use F-1.
Medical Marijuana Dispensary, use E-29.
[Added effective 12/9/2018 by JMZO Ord. No. 2017-02, adopted 12/4/2018.]
Motor Vehicle Fueling and Convenience Store, use E-30, provided that use E-30 shall be permitted only on properties fronting on Taylorsville Road or Pennsylvania Route 532.
[Added effective 9/23/2020 by JMZO Ord. No. 2020-02, adopted 9/23/2020.]
Signs shall be permitted in accordance with Article XI.
Table of Area and Dimensional Requirements. The following area and dimensional regulations shall apply:
[Amended effective 9/23/2020 by JMZO Ord. No. 2020-02, adopted 9/23/2020.]
Use | Minimum Lot Area (1) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio (2) | Maximum Building Height (feet) | Minimum Yards (feet) (3) (5) | ||
|---|---|---|---|---|---|---|---|
Front (4) | Side (both) | Rear (2) | |||||
All uses except use E-30 | 1 acre | 150 | 0.50 | 35 | 50 | 30 | 50 |
Use E-30 | 1.2 acres | 150 | 0.50 | 35 | 50/25 | 30 | 50 |
Footnotes: | |
|---|---|
(1) | For any lot occupied by a building with a dwelling, the minimum lot size shall apply to each dwelling unit. |
(2) | Not more than 50% of the lot area may be occupied by buildings, unless by special exception. |
(3) | Buildings existing as of the effective date of this Ordinance which can be lawfully extended or altered under the provisions of this Ordinance may be so altered or extended provided that no portion of such a building shall be built closer than 20 feet to a municipal parking facility. No part of any new building erected on land abutting the said lot shall be built closer than 20 feet to any municipal parking facility. When applicable, the governing body may, in its discretion, require a cyclone fence (or other suitable barrier) having a height of not more than five feet with gates across the rights-of-way and driveways entering the said parking facility. |
(4) | For corner lots, one of the front yards may be reduced to a depth of not less than 30 feet. |
(5) | As to a principal building - 50 feet; as to accessory structures - 25 feet. |
Special Regulations.
No permanent storage of merchandise, articles, vending machines, equipment, etc., shall be permitted outside the building.
Temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or seasonal sidewalk sale.
All new construction may not exceed the average footprint area, floor area, bulk volume, and height, individually, of all structures within 1,500 feet of the subject property by more than 35%.
§ 600.1 VC-2 Village Commercial 2 District.
[Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article IV; adopted 11/20/2002. Amended effective 11/25/2002 by JMZO Ord. 2002-13, § 1.N; adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In VC-2 Districts, the following regulations shall apply:
Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other Parts herein.
Uses by Right. Any of the following uses shall be permitted, provided the "Use Regulations," Part 8 of this Chapter has also been met:
Single-family Detached Dwelling, use B-1.
Forestry, use A-3.
Twin House, use B-5.
Duplex, use B-6.
(Reserved)
Commercial School, use C-3.
Recreational Facility, use C-5.
Child Care Facility, use C-10.
Municipal Building, use C-14.
Office, use D-1.
Medical Office, use D-2.
Retail Store, use E-1.
Service Business, use E-3.
Financial Establishment, use E-4.
Eating Place, use E-5.
Repair Shop, use E-7.
Hotel, Motel, and Inn, use E-8.
Utility Operating Facility, use F-1.
Emergency Services, use F-2.
Residential Accessory Structure, use H-3.
Boarding, use H-4.
Accessory Building, use H-5.
Temporary Structure, use H-7.
Swimming Pool, use H-8.
Accessory Retail, use H-9.
Dwelling in combination with a business, use H-10.
Microwave Antenna for Television Receiving only Satellite Earth Stations, use H-12.
Non-commercial Accessory Radio Antenna, use H-13.
No-Impact Home-Based Business, use H-2.
Use H-19, Accessory Solar Energy Equipment.
[Added effective 6/9/2013 by JMZO Ord. 2013-02, adopted 6/4/2013.]
Use H-20, Accessory Outdoor Wood-Fired Boilers.
[Added effective 4/11/2013 by JMZO Ord. 2013-03, adopted 4/6/2013.]
Use H-15.A, Roadside Stands.
[Added effective 7/27/2014 by JMZO Ord. 2014-01, adopted 7/23/2014.]
Accessory Electric Vehicle Charging Stations-Public Use, H-21B.
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with Part 13, in addition to Part 8, Use Regulations, of this Ordinance:
Uses by Special Exception. Any of the following uses shall be permitted as a special exception when authorized by the Local Zoning Hearing Board in accordance with Part 15 and the "Use Regulations," Part 8, of this Ordinance:
Residential Conversion, use B-16.
Place of Worship, use C-1.
Community Center, use C-9.
Entertainment, use E-9.
Specialty-Cultural Shopping Facility, use E-14.
Tavern, use E-17.
Funeral Home, use E-19.
Utility Office, use F-4.
Motor Vehicle Fueling and Convenience Store, use E-30.
[Added effective 9/23/2020 by JMZO Ord. No. 2020-02, adopted 9/23/2020.]
Signs shall be permitted in accordance with Part 11.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
[Amended effective 9/23/2020 by JMZO Ord. No. 2020-02, adopted 9/23/2020.]
Use | Minimum Lot Area | Minimum Lot Width at Building Setback Line | Maximum Impervious Surface Ratio | Maximum Building Height (feet) | Minimum Yards (feet) (3) | ||
|---|---|---|---|---|---|---|---|
Front | Side (both) | Rear | |||||
All uses, except use E-30, with sewer facility | 3,000 square feet (1) | 60 feet | 0.75 (2) | 35 | 20 (4) | 6 | 20 |
All uses, except use E-30, with on-lot sewage disposal | 43,560 square feet (1) | 150 feet | 0.75 (2) | 35 | 50 (4) | 30 | 50 |
Use E-30 | 43,560 square feet | 150 feet | 0.50 | 35 | 50/25(5) | 30 | 50 |
Footnotes: | |
|---|---|
(1) | For any lot occupied by a building with a dwelling, the minimum lot size shall apply to each dwelling unit. |
(2) | Not more than 50% of the lot area may be occupied by buildings, unless authorized by a special exception. |
(3) | Buildings existing as of the effective date of this Ordinance which can be lawfully extended or altered provided that no portion of such a building shall be built closer than 20 feet to a municipal parking facility. No part of any new building erected on land abutting the said lot shall be built closer than 20 feet to any municipal parking facility. When applicable, the governing body may order in its discretion a cyclone fence (or other suitable barrier) having a height of not more than five feet with gates across the rights-of-way and driveways entering the said parking facility. |
(4) | For corner lots, one of the front yards may be reduced to a depth of not less than 10 feet. The front yard of a proposed building may be decreased in depth to the average alignment of the existing buildings within 300 feet on either side of the proposed building, provided that the building shall extend no closer than five feet to the ultimate right-of-way. |
(5) | As to a principal building - 50 feet; as to accessory structures - 25 feet. |
Special Regulations.
No permanent storage of merchandise, articles, vending machines, equipment, etc., shall be permitted outside the building.
Temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or seasonal sidewalk sale.
No building or portion of a building, except within a Specialty - Cultural Shopping Facility Use E-14, may be constructed or expanded for nonresidential use greater than 3,000 square feet in total building coverage.
§ 601 CC Convenience Commercial Districts.
[Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article IV; adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In CC Convenience Commercial Districts, the following regulations shall apply:
Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other Articles herein.
Uses by Right. Any of the following uses shall be permitted, provided the Use Regulations, Article VIII, of this Ordinance have also been met:
Municipal Building, use C-14.
Forestry, use A-3.
Accessory Building, use H-5.
The following uses when accessory to an existing nonconforming residential use: uses H-1, H-2, H-3, and H-8.
Microwave Antenna for Television Receiving Only Satellite Earth Stations, use H-12.
Use H-19, Accessory Solar Energy Equipment.
[Added effective 6/9/2013 by JMZO Ord. 2013-02, adopted 6/4/2013.]
Use H-20, Accessory Outdoor Wood-Fired Boilers.
[Added effective 4/11/2013 by JMZO Ord. 2013-03, adopted 4/6/2013.]
Use H-15.A, Roadside Stands.
[Added effective 7/27/2014 by JMZO Ord. 2014-01, adopted 7/23/2014.]
Accessory Electric Vehicle Charging Stations-Public Use, H-21B.
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with Article XIII, in addition to Article VIII, Use Regulations, of this Ordinance:
Child Care Facilities, uses C-10.
School, use C-2.
Retail Shop, use E-1.
Service Business, use E-3.
Financial Establishment, use E-4.
Eating Place, use E-5.
Repair Shop, use E-7.
Service Station, use E-10.
Automotive Sales, use E-11.
Automotive Repair and Car Wash, use E-12.
Automotive Accessories, use E-13.
Commercial Conversion, use E-16.
Veterinary office or Clinic, use E-20.
Contracting, use G-6.
Trades, use G-10.
Fuel Storage and Distribution, use G-11.
Dwelling in Combination with a Business, use H-10.
Communications Antenna, use I-1.
Communications Equipment Building, use I-2.
Uses by Special Exception. Any of the following uses shall be permitted as a special exception when authorized by the Local Zoning Hearing Board, subject to Article XV and the Uses Regulations, Article VIII, of this Ordinance.
Signs shall be permitted in accordance with Article XI.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
Principal Uses.
Minimum Lot Area (square feet) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum Building Height (feet) | Minimum Yards (feet) | |||
|---|---|---|---|---|---|---|---|
Front (2) | Side (both) | Rear | |||||
(With Sewer Facility) | 20,000 | 100 | 0.50 | 30 (1) | 40 | 15 | 50 |
(With On-lot Sewage Disposal) | 60,000 | 100 | 0.50 | 30(1) | 40 | 15 | 50 |
Footnotes: | |
|---|---|
(1) | A maximum of two stories shall be permitted. |
(2) | For a corner lot, only one of the front yards may be a minimum of 20 feet. |
Accessory Buildings. Except buildings accessory to an existing residential use, § 601.A.1.c., all accessory buildings shall be located in conformance with § 601.B.1. herein.
Special Regulations.
§ 602 PC Planned Commercial Districts.
[Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article IV; adopted 11/20/2002. Amended effective 11/25/2002 by JMZO Ord. 2002-13, § 1.O; adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In PC Planned Commercial Districts, the following regulations shall apply:
Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other Articles herein.
Uses by Right. Any of the following uses shall be permitted, provided the Use Regulations, Article VIII, of this Ordinance have also been met:
Municipal Building, use C-14.
Forestry, use A-3.
Residential Accessory Building, use H-3.
Accessory Building, use H-5.
Temporary Structure, use H-7.
Microwave Antenna for Television Receiving only Satellite Earth Stations, use H-12.
No-Impact Home-Based Business, use H-3.
Use H-19, Accessory Solar Energy Equipment.
[Added effective 6/9/2013 by JMZO Ord. 2013-02, adopted 6/4/2013.]
Use H-20, Accessory Outdoor Wood-Fired Boilers.
[Added effective 4/11/2013 by JMZO Ord. 2013-03, adopted 4/6/2013.]
Use H-15.A, Roadside Stands.
[Added effective 7/27/2014 by JMZO Ord. 2014-01, adopted 7/23/2014.]
Accessory Electric Vehicle Charging Stations-Public Use, H-21B.
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with Article XIII, in addition to the Use Regulations, Article VIII, of this Ordinance:
Library or museum, use C-4.
School, use C-2.
Athletic Facility, use C-6.
Child Care Facility, use C-10.
Office, use D-1.
Medical Office, use D-2.
Retail Shop, use E-1.
Large Retail Store, use E-2.
Service Business, use E-3.
Financial Establishment, use E-4.
Eating Place, use E-5.
Eating Place-Drive-In, use E-6.
Motel, Hotel, and Inn, use E-8.
Entertainment, use E-9.
Community Shopping Center, use E-15.
Commercial Conversion, use E-16.
Veterinary Office or Clinic, use E-20.
Communications Antenna, use I-1.
Communications Equipment Building, use I-2.
Uses by Special Exception. Any of the following uses shall be permitted as a special exception when authorized by the Local Zoning Hearing Board in accordance with Article XV and the Use Regulations, Article VIII, of this Ordinance:
Signs shall be permitted in accordance with Article XI.
Table of Dimensional Regulations. The following area and dimensional regulations shall apply:
Principal Uses.
Minimum Lot Area (square feet) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum Building Height (feet) | Minimum Yards (feet) | ||
|---|---|---|---|---|---|---|
Front (2) | Sides (each) | Rear | ||||
20,000 | 100 | 0.50 | 40(1) | 20 | 15(2) | 100 |
Footnotes: | |
|---|---|
(1) | A maximum of two stories shall be permitted. |
(2) | For a corner lot, all side yards shall be a minimum of 20 feet. |
Accessory Uses. All accessory buildings shall be located in conformance with setback, side yard, and rear yard requirements specified in § 602.B.1.
Special Regulations.
All such uses shall have public water and sewer facility.
No permanent storage of merchandise, articles, vending machines, equipment, etc. shall be permitted outside the building.
Temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or seasonal sidewalk sale.
§ 603 TC Town Commercial District.
[Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article IV; adopted 11/20/2002. Amended effective 11/25/2002 by JMZO Ord. 2002-13, § 1.P; adopted 11/20/2002. Amended effective 8/28/2004 by JMZO Ord. 2004-14, § 07; adopted 8/23/2004. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007. Amended effective 10/15/2012 by JMZO Ord. 2012-01, adopted 10/10/2012.]
In TC Town Commercial Districts, the following regulations shall apply:
Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surface, easements, buffer yards, off-street parking, and other provisions as are specified in this Ordinance.
Uses by Right. Any of the following uses shall be permitted, provided the "Use Regulations," Article VIII, of this Chapter, have also been met:
Forestry, use A-3.
Garden Apartment, use B-10, when part of a mixed-use building only.
Home Occupation or Accessory Office, use H-1.
Office, use D-1.
Retail Shop, use E-1, provided that no single retail shop shall have more than 5,000 square feet in total square footage on all floors. A retail shop may include a gallery for the sale of artwork and crafts.
Library or Museum, use C-4.
Service Business, use E-3, provided that no single service business shall have more than 3,000 square feet in square footage on all floors.
Eating Place, use E-5. Outdoor dining is permitted as part of an eating place; drive-through or drive-up facilities are not permitted.
No-Impact Home Business, use H-2.
Municipal Building, use C-14.
Accessory Retail in Combination with a Residential Use, use H-9.
Dwelling in Combination with a Business, use H-10.
Use H-19, Accessory Solar Energy Equipment.
[Added effective 6/9/2013 by JMZO Ord. 2013-02, adopted 6/4/2013.]
Use H-20, Accessory Outdoor Wood-Fired Boilers.
[Added effective 4/11/2013 by JMZO Ord. 2013-03, adopted 4/6/2013.]
Use H-15.A, Roadside Stands.
[Added effective 7/27/2014 by JMZO Ord. 2014-01, adopted 7/23/2014.]
Accessory Electric Vehicle Charging Stations-Public Use, H-21B.
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions and conditional use approval have been met in accordance with Article XIII, in addition to Article VIII, "Use Regulations," of this Ordinance:
Single-Family Detached Dwelling, use B-1.
Twin Dwelling, use B-5.
Place of Worship, use C-1.
Medical Office, use D-2.
Commercial School, use C-3. No outdoor athletic fields, courts, or play areas are permitted in association with this use.
Community Center, use C-9.
Financial Establishment, use E-4. A financial establishment is permitted, but drive-through or drive-up facilities are not permitted.
Service Station, use E-10.
Specialty-Cultural Shopping Facility, use E-14.
Trades, use G-10, limited to trades and crafts that lend themselves to a commercial, pedestrian setting.
Bed and Breakfast, use H-11.
Parking Lot or Structure, use E-21. The use shall be permitted by conditional use if and only if the parking facilities are owned by a political subdivision of the Commonwealth of Pennsylvania or a municipal authority.
Tavern, use E-17.
Entertainment, use E-9, limited to the following activities and no other: movie theater or stage theater.
Mixed-Use Building. The following uses may be part of a mixed-use building or group of buildings, in accordance with the regulations of this Ordinance:
A mixed-use building may contain both residential uses and retail and consumer services uses that are permitted, either by right or by conditional use, in the TC District.
Within a mixed-use building, floor area shall be devoted to both residential and commercial uses, in the following proportions: A mixed-use building shall be divided between the two categories of uses so that a minimum of 40% and a maximum of 50% of the total floor area in each building is used for either residential use, or retail, or consumer service uses or office uses, as defined by this Ordinance, with the remainder used for the other category of use.
Signs shall be permitted in accordance with Article XI.
Area and Dimensional Regulations. The following area and dimensional requirements shall apply:
Minimum Lot Area: | |||
Single-family detached dwelling | 12,000 square feet | ||
All other uses | 7,500 square feet | ||
Minimum Lot Width at Building Setback Line | 50 feet | ||
Maximum Impervious Surface Ratio | 80% | ||
Maximum Building Height (1) | |||
East side of Sycamore Street | 2 stories or 30 feet | ||
West side of Sycamore Street | 3 stories or 40 feet | ||
Minimum Yards (2) | |||
Front | 5 feet (3) | ||
Side | 5 feet (4) | ||
Rear | 20 feet | ||
Maximum Front Yard Setback/Build-To Line (5) | 15 feet | ||
Notes on Area and Dimensional Requirements: | ||
(1) | A maximum of two stories shall be permitted by right; three stories by conditional use. | |
(2) | For corner lots, only one yard must be a front yard, and any ordinance regulations requiring two front yards shall not apply in the TC District. For all uses, the front yard shall be the yard along Sycamore Street in the TC District. | |
(3) | The front yard of a proposed building or building addition may be decreased in depth to the average alignment of the existing buildings within 300 feet on either side of the proposed building or building addition along the same side of the street frontage. The building or addition shall extend no closer than five feet to the edge of the sidewalk closest to the building. | |
(4) | Where two or more adjacent property owners agree to share parking and access improvements, in a manner approved by the Board of Supervisors to ensure adequate improvements are provided and the requirements of this Ordinance and those of the Subdivision and Land Development Ordinance will be met, the side yard requirement between or among the properties may be eliminated. | |
(5) | Within the TC District only, the maximum and minimum yards shall be measured from the edge of the paved cartway to the building facade and not from the ultimate right-of-way. | |
Special Regulations Applicable to All Uses in the TC District.
Minimum Public Space Required. For each land development or subdivision or establishment of a use on lots of 10,000 square feet or greater, public space shall be designed as part of the development or use. A minimum of 5% of the lot area shall be designated and designed as public space. Standards for public space as regulated by this Ordinance must be met.
Purpose and Requirement for Public Space. The TC District goal is to foster a lively and vibrant commercial district that can be a gathering place and center for the community. Examples of public spaces are:
Plazas
Seating areas
Outdoor eating areas
Public spaces must be visible from and accessible from Sycamore Street, except for any public spaces located along Newtown Creek, in which case they must be accessible from Sycamore Street but not necessarily visible from the street. Properties on the east side of Sycamore Street that abut Newtown Creek are encouraged to use the creek as all or part of any required public space. Access to Newtown Creek may be designed as a natural area, walking path, building entrance, or outdoor eating area. Access to Newtown Creek is an option that is encouraged but that is not required.
Sidewalks shall be a minimum of four feet wide as opposed to the Township ordinance requirements (as required by this Ordinance or by the Subdivision/Land Development Ordinance).
Parking.
Parking for the following uses in the TC District may be reduced, at the option of the Board of Supervisors, when a fee in an amount to be determined by the Board of Supervisors is paid to the Township for use in the establishment of public parking facilities:
D-1 | Office | |
D-2 | Medical Office | |
E-1 | Retail Shop | |
E-4 | Financial Establishment | |
E-5 | Eating Place | |
E-14 | Specialty-Cultural Shopping Facility | |
Mixed-Use Building | ||
Where two or more adjacent property owners agree to share parking and access improvements, in a manner approved by the Board of Supervisors, to ensure adequate improvements are provided and the requirements of this Ordinance and those of the Subdivision and Land Development Ordinance will be met, the requirement for two off-street parking spaces shall be eliminated or a new curb cut (access point) is avoided. In addition, the requirements for two off-street parking spaces shall be eliminated for each other property where a curb cut (access point) is provided to facilitate the shared parking and access improvements.
Incentives for Reuse of Existing Buildings. Reuse of existing buildings for uses in the TC District is encouraged, even if they do not comply with area and dimensional requirements of this Ordinance.
Outdoor Sale of Merchandise. Except for Use E-10, Service Station, the temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or a seasonal sidewalk sale. However, no merchandise shall be placed on a sidewalk or shall impede the flow of vehicular traffic on the site. Seasonal farmers' markets shall be permitted.
Required Design Review.
In accordance with Section 605 of the Pennsylvania Municipalities Planning Code,[2] the TC District is declared a special area as a major thoroughfare and an area of unique historical and architectural interest and is hereby designated as an area requiring design review by the Township.
[2]
Editor's Note: See 53 P.S. § 10605.
No structure or improvement on any land within the TC District shall be made until the plans for the exterior architectural features, signs, parking and vehicular and pedestrian access, and landscaping have been reviewed and approved by the Board of Supervisors. The review shall not be required for regular maintenance of a structure, painting, or exterior color changes. Properties within the TC District and also within the designated Historic District shall be subject to review by the Historic Architectural Review Board. The Board of Supervisors may consult with the HARB for properties within the TC District that are outside the Historic District, but the Historic District procedures shall not be applied in that case.
No specific architectural style shall be imposed on applicants. Factors to be considered by the Board of Supervisors are:
If a lot is being redeveloped, can the existing structures be used? Preference is given to the reuse of existing structures rather than removal and building new structures.
Franchise architecture, used by national or chain companies, is discouraged in favor of reusing existing building or designs that reflect the architecture of Sycamore Street. Use of design, materials, color, lighting, texture, mass or roofline designed to serve as an advertisement or commercial display do not meet the standards of the Township and shall not be approved. Franchise logos may be included in signage that meets ordinance requirements.
§ 604 TC-2 Town Commercial District.
[Amended effective 11/25/2002 by JMZO Ord. 2002-1, Article IV; adopted 11/20/2002. Amended effective 11/25/2002 by JMZO Ord. 2002-13, § 1.Q; adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In TC-2 Town Commercial Districts, the following regulations shall apply:
Use Regulations. A building may be erected or altered, to be used either in whole or in part, and a lot may be used or occupied for any of the following uses, and no other, provided that such uses shall comply with such regulations as yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking, and other provisions as are specified in other Articles herein.
Uses by Right. Any of the following uses shall be permitted, provided the Use Regulations, Article VIII, of this Ordinance have also been met:
Single Family Detached Dwelling, use B-1.
Forestry, use A-3.
Accessory Building, use H-5.
The following uses when accessory to an existing residential use: H-1, H-2, H-3, and H-8.
Microwave Antenna for Television Receiving only Satellite Earth Stations, use H-12.
Dwelling in combination with a business, use H-10.
Residential Conversion, use B-16.
Use H-19, Accessory Solar Energy Equipment.
[Added effective 6/9/2013 by JMZO Ord. 2013-02, adopted 6/4/2013.]
Use H-20, Accessory Outdoor Wood-Fired Boilers.
[Added effective 4/11/2013 by JMZO Ord. 2013-03, adopted 4/6/2013.]
Use H-15.A, Roadside Stands.
[Added effective 7/27/2014 by JMZO Ord. 2014-01, adopted 7/23/2014.]
Accessory Electric Vehicle Charging Stations-Public Use, H-21B.
[Added effective 7/21/2025 by JMZO Ord. No. 2022-02, adopted 7/21/2025.]
Uses by Conditional Approval. Any of the following uses shall be considered permitted, provided the conditions for conditional use approval have been met in accordance with Article XIII, in addition to Article VIII, Use Regulations, of this Ordinance:
Place of worship, use C-1.
School, use C-2.
Child Care Facility, use C-10.
Office, use D-1, with a maximum size of 5,000 square feet of gross floor area.
(Reserved)
Retail Shop, use E-1, with a maximum size of 5,000 square feet of gross floor area.
Specialty-Cultural Shopping Facility, use E-14. Use E-14 may include, in addition to those uses specifically listed in § 803.E-14, any use permitted within the TC-2 district, which uses shall be subject to all conditions of Article VIII and of this Article.
Commercial Conversion, use E-16, except that in the TC-2 district only uses D-1 Professional Services, D-3, Office, E-1 Retail, and E-3 Service Business shall be permitted as Commercial Conversions.
Funeral Home, use E-19.
Terminal/Transportation Center, use F-3 In the TC-2 district, Use F-3 shall be governed by the following criteria. A terminal/transportation center shall include a railway station, bus station, airport, or heliport, provided:
The use shall be designed for passenger commuter service. Maintenance and rail yards for the sole purpose of over-night storage of trains or buses shall not be permitted.
Accessory uses may include a parking garage, a park and ride lot, jitney service, and convenience retail uses. Convenience retail uses shall be limited to not more than 3,000 square feet of total floor area. One accessory convenience retail use shall be permitted at a rail station use.
Access shall be taken from the highest order street adjacent to the site.
Lighting shall conform to the requirements of the Newtown Township Subdivision and Land Development Ordinance.
Stormwater management facilities shall be designed to conform to the requirements of the Newtown Township Subdivision and Land Development Ordinance and all other applicable codes and ordinances.
Parking. For a railway station, no less than the number of off- street spaces required for 30% of the projected ridership or a greater number as determined by the municipal planning commission and governing body. For a bus station, airport or heliport, the number of off-street parking spaces shall be adequate as determined by the municipal planning commission and governing body. For an accessory jitney service, one off-street parking space for each full-time employee on the largest shift, plus one space for each company vehicle parked on the site. For an accessory convenience retail use, no less than one off-street parking space for every 200 square feet of gross floor area.
Communications Antenna, use I-1.
Communications Equipment Building, use I-2.
Communications Towers, use 1-3.
Signs shall be permitted in accordance with Article XI.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
Principal Uses.
Minimum Lot Area | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum Building Height (feet) | Minimum Yards (feet) | |||
|---|---|---|---|---|---|---|---|
Front (2) | Sides (both) | Rear | |||||
(With Sewer Facility) | 20,000 square feet | 60 | 0.50 | 35(1) | 10 | 10 | 20 |
(Uses E-14 or F-3) | 3 acres | 200 | 0.50 | 35 | 50 | 50 | 50 |
Footnotes: | |
|---|---|
(1) | A maximum of two stories shall be permitted. |
(2) | The front yard of a proposed building may be decreased in depth to the average alignment of the existing buildings within 300 feet on either side of the proposed building, provided that the building shall extend no closer than five feet to the future right-of-way. |
Accessory Buildings. Except buildings accessory to an existing residential use, all accessory buildings shall be located in conformance Ordinance.
Special Regulations and Conditions Applicable to All Conditional Uses.
No permanent storage of merchandise, articles, vending machines, equipment, etc. shall be permitted outside the building.
The temporary sale of merchandise in front of the premises may be permitted only as a seasonal sale or a seasonal sidewalk sale.
All new construction shall not exceed the average area, bulk, and height of the adjacent structures within the district by more than 50%, except in the case of E-14 and Terminal (F-3) where the average of the total area of development may exceed the limit on area specified herein. However, the requirements of § 604.B shall be met.
Reduction of Nonresidential parking requirements - Refer to § 1001.G of this Ordinance.
For the TC-2 district along an arterial or collector road, no parking shall be permitted within the front yard for any nonresidential use and no parking shall be permitted in front of the building of any nonresidential use.
Requirements for use E-14, Specialty Cultural Shopping Center.
There shall be no more than two points of vehicular access to the main road serving the facility.
The design and architecture of the center shall be subject to review by the Board of Supervisors and shall be consistent with the architecture of the area, in keeping with the purpose of this district.
Except for properties with access only to an arterial road, access shall be from a street lower in the street hierarchy established by Township Ordinance.
Pedestrian circulation by means of a sidewalk shall be provided along the arterial or collector road from which these uses take access.
Compliance. The requirements of the TC-2 Town Commercial District shall be in compliance with the requirements for VC Village Commercial contained within the Joint Municipal Zoning Ordinance for:
ARTICLE IX, ENVIRONMENTAL PERFORMANCE STANDARDS
ARTICLE X, DESIGN REGULATIONS
ARTICLE XI, SIGNS