Upper Makefield Township
City Zoning Code
City Zoning Code
ARTICLE VII
A Other Zoning Districts
§ 700-A.1 MS Municipal Services 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.X; adopted 11/20/2002. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In the MS Municipal Services 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 area, 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 Ordinance have also been met:
Agriculture and Horticulture, use A-1.
Forestry, use A-3.
Recreational Facility, use C-5.
Municipal Building, use C-14.
Accessory Building, use H-5.
Outside Storage, use H-6.
Temporary Structure, use H-7.
Microwave Antenna, 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 considerations for conditional use approval have been met in accordance with Part 13, in addition to Part 8, "Use Regulations," or 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:
Signs shall be permitted in accordance with Part 11.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
Minimum Yards (feet) | ||||||
|---|---|---|---|---|---|---|
Minimum Lot Area (acres) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum (1) Building Height (feet) | Front | Side (each) | Rear |
3 | 200 | 0.60 | 35 | 75 | 50 | 60 |
Footnote: | |
|---|---|
(1) | Towers, poles, chimneys and similar structures shall be no higher than 75 feet and shall be located no closer to any property or street line than the height of the structure. |
§ 700-A.2 MSA Municipal Services Agriculture District.
[Added effective 9/27/2010 by JMZO Ord. 2010-02, § 02; adopted 9/22/2010.]
In the MSA Municipal Services Agriculture District, the following regulations shall apply:
Special Use Provisions MSA District. The Municipal Services Agriculture District (MSA) is created to provide for adequate areas and appropriate standards for municipal service facilities needed to accommodate the local government activities within Wrightstown Township; to promote agriculture within the municipality by providing opportunities for goods to be produced and sold within the MSA district; and to provide for the protection, renovation, restoration, and/or adaptive reuse of buildings and structures within the MSA District.
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 area, 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 Ordinance have also been met:
Agriculture and Horticulture, use A-1.
Forestry, use A-3.
Recreational Facility, use C-5.
Municipal Building, use C-14.
Accessory Building, use H-5.
Outside Storage, use H-6.
Temporary Structure, use H-7.
Microwave Antenna, use H-12.
Non-commercial Accessory Radio Antenna, use H13.
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 consideration 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:
Signs shall be permitted in accordance with Part 11.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
Specialty MSA Facility, use E-24:
Minimum Yards (feet) | ||||||
|---|---|---|---|---|---|---|
Minimum Lot Area (acres) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum (1) Building Height (feet) | Front | Side (each) | Rear |
1 | 100 | 0.85 | 35 | 5 | 5 | 5 |
Footnote: |
|---|
Towers, poles, chimneys, and similar structures shall be no higher than 75 feet and shall be located no closer to any property or street line than the height of the structure. |
All other uses:
Minimum Yards (feet) | ||||||
|---|---|---|---|---|---|---|
Minimum Lot Area (acres) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum (1) Building Height (feet) | Front | Side (each) | Rear |
3 | 200 | 0.60 | 35 | 75 | 50 | 60 |
Footnote: |
|---|
Towers, poles, chimneys, and similar structures shall be no higher than 75 feet and shall be located no closer to any property or street line than the height of the structure. |
§ 700-A.3 EIR Educational, Institutional and Recreational 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.X; adopted 11/20/2002. Amended effective 8/14/2006 by JMZO Ord. 2006-07, § 02; adopted 8/9/2006. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In the EIR Educational, Institutional and Recreational 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 area, 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 Ordinance have also been met:
Agriculture and Horticulture, use A-1.
Forestry, use A-3.
Recreational Facility, use C-5.
Municipal Building, use C-14.
Accessory Building, use H-5.
Outside Storage, use H-6.
Temporary Structure, use H-7.
Microwave Antenna, 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 considerations for conditional use approval have been met in accordance with Part 13, in addition to Part 8, "Use Regulations," or 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:
Signs shall be permitted in accordance with Part 11.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
Minimum Yards (feet) | ||||||
|---|---|---|---|---|---|---|
Minimum Lot Area (acres) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum (1) Building Height (feet) | Front | Side (both) | Rear |
10 | 200 | 0.35 | 35 | 75 | 50 | 60 |
Footnote: | |
|---|---|
(1) | Towers, poles, chimneys and similar structures shall be no higher than 75 feet and shall be located no closer to any property or street line than the height of the structure. |
§ 700-A.4 POS Park and Open Space 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.Y; adopted 11/20/2002. Amended effective 8/28/2004 by JMZO Ord. 2004-14, § 11; adopted 8/23/2004. Amended effective 8/14/2006 by JMZO Ord. 2006-07, § 02; adopted 8/9/2006. Readopted effective 6/23/2007 by JMZO Ord. 2007; adopted 6/18/2007.]
In the POS Park and Open Space 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 area, 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 Ordinance have also been met:
Agriculture and Horticulture, use A-1.
Forestry, use A-3.
Recreational Facility, use C-5.
Municipal Building, use C-14.
Accessory Building, use H-5.
Outside Storage, use H-6.
Microwave Antenna, 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 considerations for conditional use approval have been met in accordance with Part 13, in addition to Part 8, "Use Regulations," or this Ordinance:
Commercial Nursery and Greenhouse, use A-6.
Child Care Facility, use C-10.
Cemetery, use C-13.
Emergency Services, use F-2.
Communications Antenna, use I-1.
Communications Equipment Building, use I-2.
Temporary Structure, use H-7.
[Added effective 7/27/2014 by JMZO Ord. 2014-01, adopted 7/23/2014.]
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.
Golf Course, use C-7.
Signs shall be permitted in accordance with Part 11.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
Minimum Yards (feet) | ||||||
|---|---|---|---|---|---|---|
Minimum Lot Area (acres) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum (1) Building Height (feet) | Front | Side (both) | Rear |
10 | 200 | 0.08 | 35 | 100 | 100 | 100 |
Footnote: | |
|---|---|
(1) | Towers, poles, chimneys and similar structures shall be no higher than 75 feet and shall be located no closer to any property or street line than the height of the structure. |
§ 700-A.5 QA-A Quarry/Agricultural-A Districts.
[Added effective 7/23/2007 by JMZO Ord. 2006-20, § 5; adopted 7/18/2007.]
In QA-A Quarry/Agricultural-A 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:
Agricultural and Horticulture, use A-1.
Intensive Agriculture, use A-2.
Forestry, use A-3.
Kennel, use A-5.
Commercial Nursery and Greenhouse, use A-6.
Single-family Detached Dwelling, use B-1.
Accessory Building, use H-5.
Outside Storage, use H-6.
Temporary Structure, use H-7.
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 Article XIII, in addition to the Use Regulations, Article VIII, of this Ordinance:
Riding Academy, use A-4.
Residential Conversion, use B-16.
Child Care Facility, use C-10.
School, use C-2.
Consumer Fireworks Facility, use E-23.
Quarry, use G-14.
Stripping of Soil, use G-15.
Bituminous, Asphalt and Ready-Mix Concrete Plant Use Accessory to Quarry, use H-14.
Communications Antenna, use I-1.
Communications Equipment Building, use I-2.
Communications Tower, use I-3.
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 Use Regulations, Article VIII, of this Ordinance.
Utility Operating Facility, use F-1.
Signs shall be permitted in accordance with Article XI.
Area and Dimensional Regulations.
All Residential Uses. All residential uses shall comply with the performance and dimensional regulations in the CM Conservation Management District, §§ 401.B and 401.C.
All Nonresidential Uses Except Public Utility Operating Facility. The following area and dimensional regulations shall apply:
Minimum Yards (feet) | |||||||
|---|---|---|---|---|---|---|---|
Minimum Lot Area (acres) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum Building Height (feet) | Front | Side (both) | Rear | |
All Agricultural Uses | 5 | 200 | — | 35 | 75 | 30 | 100 |
Quarry Uses | 25 | 300 | 0.50 | 35 | 300 (1) | 200 (2) | 200 (2) |
Other Uses | 5 | 200 | 0.50 | 25(3) | 100 | 50 | 100 |
Footnotes: | |
(1) | As measured from the centerline of any street, provided that the front yard shall be a minimum of 400 feet from the point of intersection of the centerline of two streets. |
(2) | Provided that there shall be a minimum yard setback of 300 feet from any existing dwelling structures. |
(3) | A maximum of two stories shall be permitted. |
§ 700-A.6 Federal Cemetery Overlay District.
[Added effective 6/28/2010 by JMZO Ord. 2010-01, § 1; adopted 6/23/2010. Amended effective 12/27/2010 by JMZO Ord. 2010-03, § 1; adopted 12/22/2010.]
In the FCO-Federal Cemetery Overlay District, the following regulations shall apply:
Special Use Provisions — FCO District. The Federal Cemetery Overlay District (FCO) is created in order to permit the National Veteran's Cemetery, to provide a buffer to the existing Dolington Village Historic District, and to coordinate water and sewer facilities in Upper Makefield Township.
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:
Uses by Right. Any of the following uses shall be permitted, provided that the standards of this Ordinance are met and that the use complies with the provisions of § 700-A.3.E of this Ordinance.
Agriculture and Horticulture, use A-1.
Cemetery, use C-13 (a cemetery within the FCO District shall contain a gross site area of 175 acres or more, and shall comply with all other use regulations for cemeteries at § 803.C-13 of this Ordinance.
Utility Operating Facility, use F-1.
Temporary Structure, use H-7.
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.]
Agricultural Protection Regulations. Within the FCC District, the agricultural soils protection standards and design standards of §§ 1005.A-3 and 1005.A.5 are not applicable.
Relationship to Other Zoning Regulations.
The FCO District is an overlay upon a portion of the existing Conservation Management (CM) District within Upper Makefield Township as described on Exhibits "A-1"[1] and "A-2"[2] which are incorporated herein and made a part hereof. When the provisions of the FCO are utilized, the agricultural soils provisions of the CM District will not be required.
Within the FCO District, sewage treatment plans (Use F-1) require a minimum lot size of three acres. Water and sewer services for all Upper Makefield Township parcels within this Overlay District must be provided by community wells and a community package sewage treatment plant to be dedicated to Upper Makefield Township. Sewage shall be treated to tertiary treatment standards and shall be approved in accordance with Upper Makefield Township's Act 537 Plan, and consistent with Upper Makefield's policy of groundwater recharge. Any proposed new sewage treatment plant shall be located only within the Cemetery Area as described in § 700-A.3.E of this Ordinance.
Notwithstanding the natural resource restrictions set forth at § 903 of the JMZO, the construction and permanent installation of water and/or sewer pipelines and related facilities, to service land within the FCO District, or stormwater facilities may be permitted by right within the FCO District. All such encroachments within natural resources shall limit excessive disturbance, shall be performed in accordance with sound engineering principles, and the disturbed area shall be promptly restored to their original condition and replanted, subject to the appropriate utility easement. Within the FCO District, no more than 15% of wooded areas shall be developed and/or re-graded or cleared of vegetation.
Community wells and related facilities servicing the FCO District shall be dedicated to Upper Makefield Township provided that such facilities meet the buffer requirements of § 1003 of the JMZO.
Within the FCO District, there shall be a fifty-foot buffer strip, unoccupied except for landscaping and walkways between any building or burial site and the common cemetery property line with the historic homes currently existing within the Dolington Historic District. The impervious surface ratio for a cemetery within the FCO District shall be 15%.
Applicable Parcels. The FCO District shall consist of those parcels described on Exhibits "A-1"[3] and "A-2."[4] Within this area, cemetery, agricultural and utility uses, as noted previously, are permitted. All cemetery buildings constructed in this area shall incorporate architectural designs reflecting the character of Washington Crossing.
§ 700-A.7 CE Conservation Easement Overlay District.
[Added effective 12/9/2018 by JMZO Ord. No. 2018-02, adopted 12/4/2018.]
Within Wrightstown Township there is hereby created a CE Conservation Easement Overlay District that shall include all land located in Wrightstown Township that contains a minimum of fifty (50) acres and is currently or in the future becomes the subject of a recorded Conservation Easement for which Wrightstown Township is a named Grantee or Beneficiary. In the CE Conservation Easement Overlay District, 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 are permitted by the Conservation Easement and 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:
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, and provided the Conservation Easement on the property permits the use, in addition to Article VIII, Use Regulations, of this Ordinance:
Uses by Conditional Approval in the underlying zoning district.
Public and Retail Use Accessory to a Vineyard or Winery, use H-17.
Agricultural Entertainment Use, use H-15.C.
Microbrewery, Micro-Winery, Micro-Distillery, Brewpub or Tasting Room, use E-25.
Conservation Special Events, use E-26.
Art Studio and Art Gallery, use E-27.
Community Theater, use E-28.
Uses by Special Exception. Any of the following uses shall be considered permitted as a special exception when authorized by the Zoning Hearing Board, subject to Article XV, and the Use Regulations, Article VIII, of this Ordinance:
Uses by Special Exception in the underlying zoning district.
Signs, in accordance with Article XI, shall be permitted.
The Applicant for approval for any of the above uses shall establish that the Conservation Easement on the property permits the use. In addition, the Grantee, Co-Grantee and/or Holder or Beneficiary of the Conservation Easement shall be provided a copy of the Application and all supporting documentation and shall have a period of 60 days to provide their opinion as to whether the proposed use is permitted by the Conservation Easement. The opinions of such Grantee, Co-Grantee, Holder or Beneficiary shall be accorded great weight and, if doubt exists as to whether the use is permitted or is permitted at the intensity proposed, the doubt shall be resolved in favor of a finding that such use is not permitted by the Conservation Easement. Failure of such Grantee, Co-Grantee, Holder or Beneficiary to provide its opinion within 60 days of receipt of documentation by the Applicant shall be deemed an approval by such entity.
Performance Regulations and Area and Dimensional Regulations. All regulations must be met. These regulations may be less strict than other performance standards in Article IX, Environmental Performance Standards, but the stricter regulations shall govern.
To qualify for inclusion in the CE Conservation Easement Overlay District, a property must contain a minimum of 50 acres and must, at the time of adoption of this Ordinance or thereafter, be the subject of a Conservation Easement in which Wrightstown Township is a named Grantee or Beneficiary and that has been properly recorded with the Bucks County Recorder of Deeds. All other area and dimensional regulations shall be as required by the underlying zoning district unless Article VIII sets forth a different requirement for the specific use.
§ 700-A.8 LI/O-LI Newtown Commons Overlay District ("Commons Overlay District").
[Added effective 10/23/2024 by JMZO Ord. No. 2024-01A, adopted 10/23/2024.]
Purpose. The Commons Overlay District is intended to permit and encourage a mix of land uses on previously developed lands and for new construction in the LI and O-LI districts. Through appropriate regulations, provisions in the Commons Overlay District encourage mixed-use development to promote a vibrant community where dwellings, shops, service-oriented businesses, and workplaces are all within walking distance of each other. The purposes of this Commons Overlay District are outlined as follows:
Encourage and promote flexible development and redevelopment in the underlying LI Light Industrial and the O-LI Office-Light Industrial districts.
Foster economic viability by addressing current community needs and planning for future housing and employment trends.
Facilitate the redevelopment of underutilized commercial properties and the efficient use of land.
Provide additional housing opportunities in an appropriate location and scale.
Provide for a mix of complementary uses such as office, commercial, higher-density residential, institutional, and light industrial at an appropriate scale and balance.
Improve opportunities for the use of various modes of transportation to safely accommodate automobile, pedestrian, and bicycle traffic.
Plan for a walkable community with pedestrian-oriented buildings, connections to nearby destinations, and open spaces, such as parks and plazas, that provide outdoor areas for those living and working in the area to enjoy.
Promote mixed-use development where it is most logical to take advantage of existing public transit routes.
Improve the architectural appearance, streetscape design, and overall aesthetics within the Commons Overlay District through design standards that reflect the community vision for the Newtown Business Commons area.
Recognize Newtown-Yardley Road and Penns Trail as primary gateways into the Jointure municipalities from Route 332 and points south and east and provide uniform standards to strengthen and enhance these gateway corridors.
Applicability.
The Commons Overlay District is applicable to all parcels within the LI Light Industrial and O-LI Office-Light Industrial zoning districts.
Once a parcel is developed under the provisions of the Commons Overlay District, it may not be further developed using the provisions of the underlying district and/or may not revert back to a use permitted in the underlying district that is not specifically permitted in the Commons Overlay District. When a plan is being developed under the Commons Overlay District, whenever there is a conflict between regulations permitted in an underlying zoning district and the Commons Overlay District regulations, the Commons Overlay District regulations, not the underlying zoning district 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, provided that such uses, buildings, or structures shall comply with such regulations as yards, lot sizes, lot width, building area, height, impervious surface, easements, buffer yards, off-street parking, and other requirements as specified in this Code. All such uses shall be served by public water and sewer.
Uses by Conditional Approval.
Mixed-Use Development, use J-1.
Town Center Apartments, use B-20.
Town Center Apartments are only permitted as part of a Use J-1 - Mixed-Use Development.
Recreational Facility, use C-5.
Community Center, use C-9.
Retail Store, use E-1.
Service Business, use E-3.
Eating Place, use E-5.
Eating Place - Drive-in, use E-6.
Repair Shop, use E-7.
Entertainment, use E-9.
Specialty-Cultural Shopping Facility, use E-14.
Community Shopping Center, use E-15.
Commercial Conversion, use E-16.
Tavern, use E-17.
Microbrewery, Micro-Winery, Micro-Distillery, Brewpub or Tasting Room, use E-25.
Art Studio and Art Gallery, use E-27.
Community Theater, use E-28.
Area and Dimensional Requirements.
Table of Area and Dimensional Regulations. The following area and dimensional regulations shall apply:
Minimum Lot Area (Square Feet) | Minimum Lot Width at Building Setback Line (feet) | Maximum Impervious Surface Ratio | Maximum Building Height (feet) | Minimum Yards (feet) | Minimum Public Space (% of Base Site Area) | ||
|---|---|---|---|---|---|---|---|
Front Min/Max (feet) | Side (each) | Rear | |||||
80,000 | 200 | 0.65 | 50 | 10/25 | 20 | 20 | 5 |
Footnotes: | |
1. | Building height is inclusive of all rooftop equipment and parapets. |
2. | A tower or chimney shall be located not less than 50 feet from any lot line. |
3. | Public Utility Operating Facility. No facility nor projected area thereof as viewed in the plan view shall occupy more than 10% of the property upon which it is located. |
Development Standards.
A Sketch Plan review, per § 22-302 of the Newtown Township Subdivision and Land Development Ordinance ("SALDO"), is highly encouraged so that the applicant and township can discuss the concepts and issues to ensure that the plan submission is consistent with the township's purpose and vision for the Commons Overlay District.
A combination of uses may be permitted, provided that each of the principal uses are either:
Located on a separate lot meeting the land use and development provisions of this Code.
Located within a common building containing more than one principal use, which may be individually owned by a person, partnership, corporation, or other legal entity, and leased to other tenants to occupy as a permitted use. The common building shall be located on a separate lot meeting the provisions of this Code.
Located within a common building or separate buildings containing more than one principal use, which may be owned by more than one person, partnership, corporation, or other legal entity, as form of condominium ownership. The building or buildings along with internal vertical or horizontal division of space, common facilities, utility provisions, and supplemental maintenance agreements shall be subject to the approval of the Board of Supervisors.
Residential Density. For all parcels within the Commons Overlay District, the density of residential dwelling units shall not exceed 20 units per acre of base site area, calculated over the entire tract acreage exclusive of the area of ultimate street rights-of-way.
Building Design and Layout.
To allow for adequate pedestrian access on the same lot, landscaping, and adequate physical separation, the minimum distance between buildings shall be 30 feet.
With respect to nonresidential or mixed-use buildings, blank walls shall not be permitted along any exterior wall facing a street, parking area, or walkway. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent architectural style, materials, fenestration, and details.
Storefronts are an integral part of a building and shall be designed with the upper floors to be compatible with the overall facade character. Ground floor retail, service, and restaurant uses shall have large pane display windows. Such windows shall be framed by the surrounding wall and shall not exceed 75% of the total ground-level facade area. Buildings with multiple storefronts shall be unified through the use of architecturally compatible materials, colors, details, awnings, signage, and lighting fixtures.
Ground floor commercial uses should be differentiated by the facade treatment.
Screening of Rooftop Mechanical and Utility Areas.
To enhance visual screening, rooftop mechanical equipment shall be set back from the edge of a building a minimum of 10 feet or an equal horizontal distance as the height of the rooftop equipment, whichever is greater.
Parapets, where used, shall be installed so as to not detract from the appearance of the building.
Streetscape Design.
All proposed subdivisions and land developments, or zoning permits located within the Commons Overlay District shall provide streetscape improvements that function to unify the Commons Overlay District. All development shall include sidewalks, landscaping and street trees, street lighting, benches, bicycle racks, directional and wayfinding signage, and appropriate access management to ensure safe and convenient circulation, as approved by the Township Board of Supervisors
Enhancements to bus stop infrastructure shall be encouraged along SEPTA's Route 130 bus route. Any such enhancements shall be designed and constructed in accordance with ADA requirements, including Section 810 of the United States Department of Transportation's ADA Standards for Transportation Facilities (2006), the Pennsylvania Public Transportation Association's Building Better Bus Stops Resource Guide, and SEPTA Bus Stop Design Guidelines, 2nd Edition (2019).
Vehicular access points onto Newtown-Yardley Road and Penns Trail shall be limited and when practical, combined or arranged in such a manner to utilize shared driveways and access to adjoining lots. Vehicular access points onto Newtown-Yardley Road and Penns Trail may be located along a common property line and may encroach within the required front and side yard setbacks to accommodate future shared access points.
All extensions of existing utilities within the Commons Overlay District shall be placed underground.
Special Events, such as seasonal farm market, shall be permitted when authorized by the Board of Supervisors.
Public Spaces and Public Amenities. For each land development or subdivision in the Commons Overlay District, there shall be a combination of public space and public amenities designed as part of the development or use of the site as follows:
The provision of public space shall be a minimum of 5% of the base site area and shall be visible from, and located within, a minimum of 60 feet of the parcel's primary frontage (when practical or feasible). As long as the total area of public space totals a minimum of 5% of the base site area, the provision of public space may be strategically located and divided up on the site. The site plan should clearly identify and quantify all areas designated as public space. Buffer yards and parking areas shall not be counted towards satisfying the provision of public space.
Public Space must be visible and accessible to the public from the street and shall include the following:
Plazas, courtyards, patios, or similar features.
Pocket parks, village greens, central open spaces, or similar features.
Public outdoor eating areas (not otherwise attached to a restaurant).
Public Amenities shall be provided which are consistent with the purpose of the Commons Overlay District as reasonably determined by the Board of Supervisors during the land development review process. Examples of public amenities include the following:
Gateway features and associated landscaping.
Focal features including fountains, water feature, clock tower, artwork, sculptures, etc.
Site furnishing including period lighting and banners (approved by the township), benches, bike racks, trash cans, drinking fountain, etc.
Landscape design and landscaping including planters, potted plants, window boxes, etc.
If, due to site constraints, the provision of streetscape design, public spaces and/or public amenities is deemed impractical by the Board of Supervisors, the Board may allow fees-in-lieu of the provision of improvements (either on-site or off-site) that allow for and enhance the public space. Said fee shall be determined from time to time by fee schedule resolution of the Township.
Site Design and Layout.
Sidewalks shall be provided per § 22-517 of the Newtown Township SALDO.
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 front of the building, and be entirely screened by a fence or enclosure which is at least six feet high.
Landscaping.
Landscaping shall be integrated with other functional and ornamental site design elements, where appropriate, such as recreational facilities, ground paving materials, paths and walkways, fountains or other water features, trellises, pergolas, gazebos, fences, walls, street furniture, art, and sculpture.
Plant suitability, maintenance, and compatibility with site and construction features are critical factors that shall be considered. Planting shall be designed with repetition, structured patterns, and complimentary textures and colors, and shall reinforce the overall character of the area.
Landscaping plans shall be prepared, signed, and sealed by a registered landscape architect licensed in the State of Pennsylvania.
All exterior lighting shall be designed to prevent glare onto adjacent properties. Pedestrian pathways need to be clearly marked and well lit. The height of light fixtures shall be a maximum of 20 feet for parking lots and 14 feet for pedestrian walkways.
All plans shall accommodate snow removal.
Buffer Requirements. In addition to the buffering requirements of § 1003 of the Zoning Ordinance and § 22-531 of the Newtown Township SALDO, the following provisions shall apply:
Minimum buffer from residential lot lines that are adjacent to, but not within, the Commons Overlay District (inclusive of all other setback requirements): 25 feet.
Minimum building setback from residential lot lines that are adjacent to, but not within, the Commons Overlay District: 1.5 times the height of the building.
Parking.
Parking shall be located in the side or rear yards of buildings and not in the front yard or in front of the buildings.
All properties shall include a public vehicular circulation that is connected to all possible adjacent properties. Cross easements shall be provided for present and future use.
Where two or more adjacent property owners agree to share parking and access improvements in a manner approved by the Board of Supervisors and PennDOT, the required side yard and buffer yard between or among properties may be eliminated.
Parking spaces for all residential units shall be clearly designated and separate from the nonresidential parking spaces. The parking spaces for the individual residential units shall be clearly numbered and reserved for the exclusive use of the unit occupants.
Parking lot design shall comply with the standards of § 1001.B. of the Zoning Ordinance.
Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving, and shall be integrated into the wider network of pedestrian walkways. Pavement textures shall be required on pedestrian accessways, and strongly encouraged elsewhere in the parking lot, as surfacing materials, or when used as accents and as approved by the Board of Supervisors.