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Yardley City Zoning Code

PART 1

GENERAL PROVISIONS

§ 27-101 Purpose.

[Ord. 273, 2/16/1982; as amended by Ord. 348, 9/3/1991; and by Ord. 463, 4/7/2015]
1. 
The purposes of this Chapter are to:
A. 
Promote, protect and facilitate any or all of the following: the public health, safety, morals and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B. 
Prevent the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
C. 
Preserve prime agriculture and farmland considering topography, soil type and classification and present use.
D. 
Provide for the use of land within the Borough for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks; provided, however, that no Zoning Ordinance shall be deemed invalid for the failure to provide for any other specific dwelling type.
E. 
Accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.
F. 
Implement the policies, proposals and community development objectives of the Yardley Comprehensive Plan duly adopted by the Yardley Borough Council on September 16, 2014, as amended from time to time.

§ 27-102 Interpretation.

[Ord. 273, 2/16/1982; as amended by Ord. 348, 9/3/1991; and by Ord. 373, 8/15/1995]
1. 
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
A. 
Whenever any regulations made under authority of this Chapter require a greater width or size of yards, courts or other open spaces or require a lower height of buildings or smaller number of stories or require a lower gross density or require a greater percentage of lot to be left unoccupied or impose other higher standards that are required in or under any other statute, the provisions of the regulations made under authority of this Chapter shall govern.
B. 
Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces or require a greater percentage of lot to be left unoccupied or require a lower gross density or impose other higher standards then are required by any regulations made under authority of this Chapter, the provisions of such statute shall govern.
C. 
This Chapter does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this Chapter, or any private restrictions placed upon property by covenant, deed or other private agreement, unless repugnant hereto.
D. 
Those provisions in the Yardley Borough Subdivision and Land Development Ordinance [Chapter 22] concerned with varying design standards shall not be considered to be in conflict with the provisions of this Chapter.
E. 
In interpreting the language of zoning ordinances to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists, in favor of the property owner and against any implied extension of the restriction.

§ 27-111 Word Usage; Definitions.

[Ord. 273, 2/16/1982; as amended by Ord. 279, 10/18/1983; by Ord. 288, 2/19/1985; by Ord. 319, 8/4/1987; by Ord. 342, 12/18/1990; by Ord. 348, 9/3/1991; by Ord. 355, 5/19/1992; by Ord. 372, 6/20/1995; by Ord. 405, 5/2/2000; by Ord. 435, 9/2/2008; by Ord. 458, 7/1/2014; by Ord. 463, 4/7/2015; and by Ord. 465, 7/21/2015]
1. 
For the purpose of this Chapter, words and terms used herein shall be interpreted as follows:
A. 
Words used in the present tense include the future.
B. 
The singular includes the plural.
C. 
The word “person” includes a corporation, partnership and association, as well as the individual.
D. 
The word “lot” includes the word “plot” or “parcel.”
E. 
The term “shall” is mandatory.
F. 
The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be occupied.”
G. 
The word “Commission” and the words “Planning Commission” always mean the Yardley Borough Planning Commission.
H. 
The word “Board” or the words “Zoning Hearing Board” always mean the Yardley Borough Zoning Hearing Board.
2. 
The following words and phrases shall have the meanings given below for the purposes of this Chapter, unless otherwise defined in this Chapter in reference to specific portions of the Chapter. Any word or item not defined in this Chapter shall be used with a meaning of standard usage.
ACCESSORY BUILDING
See “building, accessory.”
ACCESSORY USE
See “use, accessory.”
ACTIVE RECREATION
Any activity that requires some physical exertion on the part of the participant.
ACTIVE RECREATION AREA
Any area developed in such a manner as to be conducive to those activities that fall within the range of active recreation. Examples include but are not limited to athletic fields and hard-surfaced courts, pools, large dams, bicycle and walking trails, open turf areas and apparatus areas.
ADULT COMMUNITY
An adult community is a form of residential use designed and operated for at least one person 55 years of age or older occupying each residential dwelling unit. The development shall contain certain support facilities specifically designed for these individuals.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement or diminution, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AREA
(1) 
BASE SITE AREA
The area contained within the property lines of the individual parcels of land, shown on a subdivision plan or required by this Chapter, excluding future road rights-of-way, existing utility rights-of-way, land which is not contiguous or land previously reserved for open space.
(2) 
FLOOR AREA
The sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics and penthouses as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this Chapter nor any such floor space intended and designed for accessory heating and ventilating equipment.
(3) 
LOT AREA
The area contained within the property lines of the individual parcels of land, shown on a subdivision plan or required by this Chapter, excluding any area within an existing or designated future street right-of-way or the area of an easement which would interfere with the proposed use. When there is no designated street right-of-way, the street right-of-way or street line, for the purpose of this Chapter, shall be considered 10 feet from the center line of the road or the edge of pavement, whichever is greater. In addition, the minimum “lot area” shall not include any area designated as open space or land with resource restrictions. Adjoining lots not held in single and separate ownership at the enactment of this Chapter shall be considered a single lot.
(4) 
NET BUILDABLE SITE AREA
The area remaining within the property lines after the required open space is subtracted from the base site area. The “net buildable site area” is the area which may be built upon and shall be used to calculate site capacity.
A-WEIGHTED SOUND LEVEL
The level so read is designated “dB(A)” or “dBA,” as measured on the slow weight scale. All sound levels referred to in this Chapter shall be measured in “dBA.”
BED-AND-BREAKFAST/GUESTHOUSE
An owner-occupied principal building designed, used and occupied as a single-family detached residence having, as an accessory use therein, public lodging rooms and facilities for serving food and drink prepared within the building to preregistered transient guests within the requirements found in §§27-762 and 27-763. A bed-and-breakfast/guesthouse is not a boardinghouse or hotel.
BOARDINGHOUSE
Any dwelling with fewer than 10 sleeping rooms in which more than three persons, either individually or as families, are housed or lodged, for hire or otherwise, with or without meals. A rooming house or a furnished rooming house shall be deemed a “boardinghouse.”
BUILDING
Any enclosed or open structure, which is a combination of materials to form a construction for occupancy and/or use for human or animal habitation and is permanently affixed to the land, including manufactured homes and sheds.
BUILDING, ACCESSORY
A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an “accessory building.”
BUILDING HEIGHT
A vertical distance measured from the elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
BUILDING SETBACK LINE
A line, parallel to the right-of-way line, measured from side yard to side yard, on which a principal building is actually placed.
CANAL ENHANCEMENT AREA
The Canal Enhancement Area includes all properties which abut the lands of the Commonwealth of Pennsylvania as part of the Delaware Canal State Park; all properties which abut or include part of the Delaware Division of the Pennsylvania Canal; all properties which abut Silver Creek and lie within 200 feet of the Delaware Canal at the point closest to the canal lands; all properties which abut Brock Creek and lie within 200 feet of the Delaware Canal at the point closest to the canal lands.
CONDITIONAL USE
A use permitted in a district, provided that it meets certain standards designated in this Chapter and is approved by the Borough Council.
CONDOMINIUM
(1) 
An ownership arrangement and not a land use, and therefore allowed in any district and under the same restrictions as the residential land use that comprises it.
(2) 
A dwelling unit which has all of the following characteristics:
(a) 
The unit (the interior and associated exterior areas designated for private use in the development plan) is owned by the occupant.
(b) 
The unit may be any permitted dwelling type.
(c) 
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Uniform Condominium Act, 68 Pa.C.S.A. §3101 et seq. and in accordance with the provisions for open space, roads or other development features in the Zoning Ordinance and subdivision and land development regulations.
CONVERSION, RESIDENTIAL
The transformation of a single-family unit into apartments without disturbing the architectural character of the house.
DECIBEL
A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
DECISION
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this act to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and the judicial district wherein the Borough lies.
DENSITY
A measure of the number of dwelling units per unit of area. It shall be expressed in dwelling units per acre.
DETERMINATION
(1) 
Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(a) 
The Borough Council.
(b) 
The Zoning Hearing Board.
(c) 
The Planning Commission, only in and to the extent that the Planning Commission is charged final decision on preliminary or final plans under the Subdivision and Land Development Ordinance [Chapter 22].
(2) 
Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
DORMITORY
A building occupied by and maintained exclusively for faculty, students or other such persons affiliated with a school, church, recreational or educational facility or other recognized institution, when regulated by such institution.
DWELLING
A structure or portion thereof which is used exclusively for human habitation.
(1) 
APARTMENT DWELLINGS
Multi-family units with common party walls.
(2) 
ATRIUM HOUSE
A single-family attached dwelling unit, one story in height, with individual outside access. The lot shall be fully enclosed by a wall at least seven feet in height. A private yard, herein called an “atrium,” shall be included on each lot. All living spaces, i.e., living rooms, dens and bedrooms shall open into the atrium.
(3) 
DUPLEX DWELLING
A single-family unit which is semi-detached, connected along a party wall to a similar unit, with only two dwelling units to a structure, with one unit over the other.
(4) 
DWELLING UNIT
One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the “dwelling unit” for the exclusive use of a single family maintaining a household.
(5) 
GARDEN APARTMENT DWELLINGS
Multi-family dwelling units, where a maximum of four individual dwelling units may share a common outside access. They share with other units a common yard area, which is the sum of the required lot areas of all dwelling units within the building. “Garden apartment” shall contain three or more dwellings in a single structure.
(6) 
PATIO HOUSE
A single-family detached or semi-detached unit, with one dwelling unit from ground to roof, having individual outside access. The lot shall be fully enclosed by a wall of four feet to six feet in height. All living spaces, i.e., living rooms, dens and bedrooms, shall open into a major open area, or patio.
(7) 
SINGLE-FAMILY ATTACHED DWELLING UNIT
A single-family attached dwelling unit, with one dwelling unit from ground to roof, having individual outside access and at least one and up to two party walls. “Single-family attached dwelling units” occur in twin, triplex, townhouse and atrium house structures.
(8) 
SINGLE-FAMILY DETACHED DWELLING
A dwelling unit on a separate lot, the intention for which is the inhabitation by one family, which is not attached to another dwelling unit.
(9) 
SINGLE-FAMILY DETACHED, LOT LINE
A single-family residence on an individual lot with the building set on one of the side property lines. An easement of maintenance on the adjoining lot is one of the requirements for this type of construction. Windows on the lot line side of the dwelling are prohibited.
(10) 
TOWNHOUSE DWELLING
A structure containing more than three single-family attached dwelling units. The maximum number of dwelling units per structure is limited by district area and design regulations.
(11) 
TRIPLEX DWELLING
A structure containing three single-family attached dwelling units. It is the intent of the borough that “triplex dwellings” should be designed to resemble a large single-family attached dwelling unit.
(12) 
Twin House
A structure containing, two single-family attached dwelling units with only one common party wall in common with another dwelling unit.
EMPLOYEE
A term referred to in the parking standards as a measure of the number of parking spaces required. It shall refer to the maximum number of employees on duty at any time, whether the employees are full or part-time. If shifts are involved in which two shifts overlap, it refers to the total of both shifts.
FAMILY
One person, or two or more persons related by blood, foster relationship, marriage or adoption, and in addition, any domestic servants or gratuitous guests thereof; or a group of not more then five persons who need not be so related, and in addition, domestic servants or gratuitous guests thereof, who are living together in a single, non-profit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
FLOOR AREA
See “area.”
FLOOR AREA RATIO
The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area–see “area.”
HOME OCCUPATION
An activity for gain customarily carried on in a dwelling or in a building or structure accessory to a dwelling, clearly incidental and secondary to the use of the dwelling for residential purposes.
HOTEL
Any dwelling with 10 or more sleeping rooms in which persons, individually or as families, are housed or lodged for hire or otherwise, with or without meals. Motels, inns, motor lodges, resorts and tourist homes, for the purpose of this Chapter, shall be considered “hotels.” See “boardinghouse.”
IMPERVIOUS SURFACE
Those surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete, asphalt and packed stone shall be considered “impervious surfaces” within this definition. In addition, other areas determined by the Borough Engineer to be impervious within the meaning of this definition will also be classed as “impervious surfaces.”
IMPERVIOUS SURFACE RATIO
A measure of the intensity of use of a piece of land. It is measured by dividing the total area of all impervious surfaces within the site by the base site area.
LAKE
Any permanent body of water, naturally occurring or man-made, covering one acre or more.
LAKE OR POND SHORELINES
The landside edge of a lake or a pond measured from the established high-water line to an upland boundary to ensure water quality. The protected shoreline area shall be a minimum of 25 feet surrounding all lakes and ponds.
LAND DEVELOPMENT
(1) 
Any of the following activities:
(a) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively of a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure.
2) 
The division or allocation of land or space, whether initially or cumulatively between or among two or more existing or prospective occupants by means of or for the purpose of streets, parking lots, driveways, common areas, leaseholds; condominiums, building groups or other features.
(b) 
A subdivision of land (as “subdivision” is defined in this Part).
(2) 
The following shall not be considered a land development:
(a) 
The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(b) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
LAND WITH RESOURCE RESTRICTIONS
Any permanent, naturally occurring environmentally sensitive area, including but not limited to floodplains, steep slopes, woodlands, lakes, ponds, lake or pond shorelines, wetlands, wetland margins, watercourses and flora and fauna.
LOT
A parcel of land, used or set aside and available for use as the site of one or more buildings and any buildings accessory thereto or for any other purpose, in one ownership and not divided by a street nor including any land within the right-of-way of a public or private street upon which said lot abuts, even if the ownership to such right-of-way is in the owner of the lot. A “lot” for the purpose of this Chapter may or may not coincide with a lot of record.
(1) 
AVERAGE LOT AREA PER DWELLING UNIT
The average lot area for all dwelling units of a single type. Individual lots may be smaller or larger than the average, provided that the average size is maintained and that all other standards of this Chapter are met.
(2) 
CORNER LOT
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a “corner lot” if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.
(3) 
DEPTH OF LOT
The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
(4) 
LANE LOT
A parcel of land that does not have the required minimum lot width at the minimum front yard line but has access to a public street through a narrow strip of land that is part of the same lot. The lot lines of the narrow portion of the lot (the “lane”) are parallel or nearly parallel to each other.
(5) 
LOT AREA
See “area.”
(6) 
THROUGH LOT
An interior lot having frontage on two parallel or approximately parallel streets.
(7) 
LOT WIDTH
The distance measured between the side lot lines at the required building setback line. In a case where there is only one side lot line, “lot width” shall be measured between such side lot line and the opposite rear lot line or street line.
LOT LINE
Any boundary line of a lot.
(1) 
LOT LINE, REAR
Any lot line which is parallel to or within 45° of being parallel to a street liner except for a lot line that is itself a street line, and except that, in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a “rear lot line.” In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a “rear lot line.”
(2) 
LOT LINE, SIDE
Any lot line which is not a street line or a rear lot line.
MINIMUM BUILDING SETBACK LINE
The rear line of the minimum front yards, as herein designated for each district, measured from the street line.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more 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 constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
MOBILE HOME PAD
That part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or additions and constructed according to specifications in this Chapter.
MOBILE HOME PARK
A parcel of contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
100-YEAR FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year. Also referred to as the “1% frequency flood,” or the “base flood,” as defined by FEMA in the Flood Insurance Study for Bucks County.
OPEN SPACE
An active or passive recreation area which shall not be part of lands used for any other purposes such as buffers, easements, roads, driveways, rights-of-way, parking areas, land reserved for future roads or parking areas, stormwater detention basins or retention basins. “Open space” is protected by the provisions of this Chapter and the Subdivision and Land Development Ordinance [Chapter 22] to ensure that it remains in such uses. “Open space” shall be common space and shall not include lots in individual ownership or any required yard or lot area.
PARKING LOT
An off-street improved area with individual access for the purpose of parking a motor vehicle.
PASSIVE RECREATION
Any activity that requires little or no physical exertion on the part of the participant.
PASSIVE RECREATION AREA
Any area developed in such a manner as to be conducive to those activities that fall within the range of passive recreation. Examples include, but are not limited to, scenic vistas, natural areas, craft areas, meeting areas, sitting areas, walkways, sunbathing areas, gardens, streams and impoundments, social events, picnicking areas and spectating areas.
PERMIT
A legal document issued by a governmental authority permitting some type of action.
(1) 
OCCUPANCY PERMIT
A required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances. See §27-1314.
(2) 
ZONING PERMIT
A document signed by the Zoning Officer, as required in this Chapter, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of the Borough zoning or authorized variance therefrom. See §27-1313.
PET
An animal kept for amusement or companionship.
PONDS
Any permanent body of water, naturally occurring or man-made, covering any area of less than one acre.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough Council, Planning Commission or Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this act.
PUBLIC MEETING
A forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. §701 et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RECREATION
Any activity, whether structured or not, in which individuals voluntarily engage in during their leisure. Examples would include:
(1) 
ACTIVE
Sports (individual, dual, team, co-recreational, and combative), athletics; both land and water-based.
(2) 
PASSIVE
Arts and crafts, spectating, picnicking, nature study, and board games.
(3) 
EITHER, DEPENDING ON SPECIFICS
Dance, drama, music games, skills, social recreation, special events, hiking/walking, cycling, hobbies, outdoor educational activities, and cultural activities.
RECREATION LAND
Area designated for public access and use in order to provide for specific recreation uses, but not limited to, seasonal sports, walking paths, playfield and tot lots. Such areas shall be maintained so as to avoid creating a hazard or nuisance and shall perpetuate the proposed use.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
REPORT
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall rid be binding upon their recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of production.
REVERSE-FRONTAGE LOT
A lot which is bordered by a street along the rear as well as front property lines.
RIGHT-OF-WAY
(1) 
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses.
(2) 
Generally, the right of one to pass over the property of another.
RIGHT-OF-WAY, EXISTING
The legal right-of-way as established by the Commonwealth or other appropriate governing authority and currently in existence.
SIGNS
See §27-1224 for sign definitions.
SINGLE AND SEPARATE OWNERSHIP
See §27-912 for exceptions to minimum lot sizes.
SITE
A parcel or parcels of land intended to have one or more buildings or intended to be subdivided into one or more lots.
SITE AREA
All land area within the site as defined in the deed. Area shall be from an actual site survey rather than from a deed description.
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of that medium. The description of “sound” may include any characteristic of such “sound,” including duration, intensity and frequency.
SOUND-LEVEL METER
An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound pressure levels.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§10601 et seq., 10901 et seq.
STORY
That part of a building located between any floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior wails are not more than two feet above the floor.
STORY, GROUND
That story with its floor level immediately above the average finished grade level of the adjoining ground at any particular point or side of the dwelling.
STREET
Any vehicle way which is an existing State, County or Borough roadway or is shown upon a plat approved pursuant to law or is approved by other official action or is shown on a plat duly filed and recorded in the Bucks County Recorder of Deeds Office prior to the enactment of this Chapter; and, includes the land between the street lines, whether improved or unimproved.
STREET LINE
The dividing line between the street and the lot. The “street line” shall be the same as the legal right-of-way, provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the “street line.” When there is no designated right-of-way, the “street line,” for the purpose of this Chapter, shall be considered 10 feet from the center line of the road or the edge of pavement, whichever is greater.
STRUCTURE
A combination of materials assembled, constructed or erected at a fixed location, including a building, the use of which requires location on the ground or attachment to something having a location on the ground.
SUBDIVISION
(1) 
MAJOR SUBDIVISION
The division or redivision of a lot tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
(2) 
MINOR SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential, dwelling, shall be exempted; provided further that the proposed lots, tract or parcels of land thereby created have frontage on an improved public street or streets, and provided further that there is not, created by the subdivision any new street or streets, the need for required improvements, easement of access or the need therefor.
USE
Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
(1) 
USE, ACCESSORY
A use located on the same lot with a principal use, and clearly incidental or subordinate to and in connection with the principal use.
(2) 
USE, PRINCIPAL
The main use on a lot.
UTILITIES
Those services customarily rendered by public utility corporations, municipalities or municipal authorities in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (buildings, wires, pipes, poles and the like).
VARIANCE
Relief granted pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§10601 et seq., 10901 et seq.
VETERINARY OFFICE
A medical facility for the care of animals which does not provide boarding services.
WATER SUPPLY, PUBLIC
Any Borough water supply system or any private system dedicated to the public. Such systems shall include any existing private franchise area and the entire system, or a water supply capable of supporting the entire development or a standpipe or water storage system meeting Borough specifications.
WATERCOURSE BUFFER
The land area adjacent to each side of a watercourse, measured perpendicular to and horizontally from the top-of-bank on both sides, essential to maintaining water quality.
WATERCOURSES
Any stream or waterway identified on the Federal Emergency Management Agency Yardley Borough Map.
WETLAND
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ferns and similar areas.
WETLANDS BUFFER
A wetlands buffer is the transitional area extending from the outer limit of a wetland. Where hydric soils are present, the wetland buffer shall extend to the limit of the hydric soils or to 75 feet, whichever is less. Regardless of the presence of hydric soils, the wetlands buffer shall always extend at least a minimum width of 50 feet from the edge of the wetland boundary.
WOODLANDS
Areas comprised of ½ or more of mature or largely mature trees in which the largest trees measure at least six inches in diameter or greater measured three feet above ground, or a grove of trees forming one canopy where 10 or more trees measure at least 10 inches in diameter or greater measured three feet above ground.
YARD
An open area unoccupied except for permitted projections and plantings, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street.
(1) 
YARD, FRONT
A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are “front yards.” In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are “front yards.”
(2) 
YARD, REAR
A yard between a structure and a rear lot line and extending the entire length of the rear lot line.
(3) 
YARD, SIDE
A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a “side yard.”

§ 27-121 Establishment of Districts.

[Ord. 273, 2/16/1982]
Yardley Borough is hereby divided into districts of different types, each type of such number, shape, kind and area and of such common unity of purpose and adaptability of use that is deemed most suitable to carry out the objectives of this Chapter and the Comprehensive Plan.

§ 27-122 Designation of Districts.

[Ord. 273, 2/16/1982; as amended by Ord. 463, 4/7/2015]
For the purpose of this Chapter, Yardley Borough is hereby divided into districts which shall be designated as follows:
R-R District
R-R Residential/Recreational District
R-1 District
R-1 Low-Density Residential District
R-1A District
R-1A Medium/Low-Density Residential District
R-2 District
R-2 Medium-Density Residential District
R-2A District
R-2A Medium/High-Density Residential District
R-3 District
R-3 High-Density Residential District
R-3A District
Traditional Neighborhood Development
C-1 District
C-1 Pedestrian-Oriented Commercial District
C-2 District
C-2 Vehicular-Oriented Commercial District
I-1 District
I-1 Industrial District

§ 27-123 Zoning Map.

[Ord. 273, 2/16/1982; as amended by Ord. 288, 2/19/1985; and by Ord. 463, 4/7/2015]
Districts are bounded and defined as shown in the map entitled “Zoning Map of Yardley Borough,” dated December 1981, revised May 20, 2008, which accompanies and which, with all explanatory matters thereon, is hereby made a part of this Chapter.

§ 27-124 Interpretation of Boundaries.

[Ord. 273, 2/16/1982]
1. 
Where uncertainty exists with respect to the boundaries of the district as indicated on the Zoning Map, the following rules shall apply:
A. 
Where district boundaries are indicated as approximately coinciding with the center lines of streets, highways, railroad lines or streams, such center lines shall be construed to be such boundaries.
B. 
Where district boundaries are so indicated that they approximately coincide with lot lines, such lot lines shall be construed to be said boundaries; or where district boundaries are extensions of lot lines or connect the intersections of lot lines, such lines shall be said district boundaries.
C. 
Where district boundaries are so indicated that they are approximately parallel to center lines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map.

§ 27-125 Use in All Zoning Districts.

[Ord. 273, 2/16/1982; as added by Ord. 435, 9/2/2008]
1. 
Within all Zoning Districts, forestry shall be a permitted use. For the purposes of this Section, forestry is defined as the management of forest and timberland, when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. The activities and use shall comply with all other requirements within this Zoning Chapter, the requirements the specific Zoning District in which the use is proposed, and shall be subject to the following:
A. 
Submission and review and approval of a Site Plan in accordance with the provisions of the Yardley Borough Subdivision and Land Development Ordinance.
B. 
Submission, review and approval of a Forestry Management and Operations Plan.
C. 
Submission, review and approval of a Reforestation Plan.
D. 
Submission, review and approval of an Erosion and Sedimentation Control Plan.
E. 
Obtaining the required permits from any agencies having jurisdiction.
F. 
Minimum Lot Area: 10 acres.
G. 
No-cut buffers required: 75 feet from all property lines and maintained along all streets, riparian corridors, watercourses and abutting properties. If an existing habitable structure is within 50 feet of a property line, the no-cut buffer shall be 100 feet.
H. 
Cutting of trees and/or grading that is initiated two years or less before the submission of plans for subdivision, land development or building permits is presumed to be in anticipation of development. If an application for subdivision, land development or building is submitted for a property within two years of the date on which cutting and/or grading began, the requirements for resource protection, as set forth in this Section, shall be applied to the property as it was prior to the removal of trees or grading.
I. 
If woodland removal, tree removal or grading has exceeded the limits set forth by this Section, the applicant shall be required to replace trees removed during the tree or woodland removal process.
J. 
Replacement shall be based on the actual number and size of trees or woodland removed, and trees shall be replaced on an inch-by-inch basis. Determination of actual caliper-inches of trees removed may be determined through a site inspection or on the basis of a tree inventory that was submitted to the Borough. If it is not possible to determine the caliper-inches of trees removed, then replacement trees shall be provided so that there shall be a minimum of 1,500 caliper-inches of trees per acre after replanting.