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