Borough of Doylestown, PA
Bucks County
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Table of Contents
Table of Contents

§ 201 General Interpretation.

[Ord. 1972-10, 10/16/1972, Art. II, § 200]
1. 
Unless a contrary intention clearly appears, the following words and phrases shall have, for the purpose of this chapter, the meanings given in the following clauses.
2. 
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
A. 
Words used in the present tense include the future.
B. 
The singular includes the plural.
C. 
The word "person" includes a corporation, partnership, and association as well as the individual.
D. 
The word "lot" includes the word "plot" or "parcel."
E. 
The term "shall" is mandatory.
F. 
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be occupied."
G. 
The word "Commission" and the words "Planning Commission" always mean the Doylestown Borough Planning Commission.
H. 
The word "Council" or the words "Borough Council" always mean the Doylestown Borough Council.
I. 
The word "Board" or the words "Zoning Hearing Board" always mean the Doylestown Borough Zoning Hearing Board.
3. 
Any word or term not defined herein shall be used with a meaning of standard usage.

§ 202 Specific Definitions.

[Ord. 1972-10, 10/16/1972, Art. II, §§ 201-231; as amended by Ord. 1975-13, 6/7/1975, § 5; by Ord. 1978-5, 4/17/1978, § 1; by Ord. 1978-6, 5/15/1978, § 1; by Ord. 1983-2, 5/16/1983, §§ 1-3, 5; by Ord. 1984-9, 5/17/1984, § 1; by Ord. 1987-5, 5/18/1987; by Ord. 1987-12; by Ord. 1991-3, 2/18/1991, § 1; by Ord. 1999-5, 5/17/1999, § 1; by Ord. 1999-9, 6/28/1999, § 1; by Ord. 1999-10, 6/28/1999, § 1; by Ord. 2000-5, 6/26/2000, § 1; by Ord. 2001-6, 5/21/2001, § 1; by Ord. 2001-15, 12/17/2001, § 1; by Ord. 2002-13, 12/16/2002, § 1; by Ord. 2003-5, 3/17/2003, § 1; by Ord. 2003-7, 8/18/2003, § 1; by Ord. 2005-3, 3/3/2005, § 1; by Ord. 2010-2, 3/15/2010, § 1; by Ord. 2010-10, 9/20/2010; and by Ord. 2015-5, 3/16/2015]
ACCESSORY
See "building, accessory" and/or "use, accessory."
ACCESSWAY
A vehicular travel lane, such as a driveway, shared driveway or aisle in an off-street parking area, which is interconnected to adjoining streets and/or alleys.
ADULT COMMERCIAL FACILITY
See § 406, Subsection 29.1.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERNATIVE TOWER STRUCTURE
Any man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
[Amended by Ord. 2015-12, 8/17/2015]
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
LOT AREA — The area contained within the property lines of the individual parcels of land shown on a subdivision plan, excluding any area within an existing street right-of-way, and including the area of any easement
BUILDING AREA — The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
FLOOR AREA — The sum of the areas of the several floors of building structure, including areas used for human occupancy and basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy, or any floor space in accessory building or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, or any such floor space intended and designed for accessory heating and ventilating equipment
AUTOMATIC TELEPHONE EXCHANGE OFFICE
A building or part of a building used for the transmission and exchange of telephone or radio-telephone messages; provided that, in residential districts, such use shall not include the transaction of business with the public, storage of materials trucks or repair facilities, or housing of repair crews.
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent annual chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH and A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
A. 
A story partly underground and having more than 1/2 of its height (measured from floor to ceiling) above the grade plane. A basement shall be counted as a story above grade plane for the purpose of height measurement or determining square footage when the basement is used for business or dwelling purposes or when the finished surface of the floor above the basement is:
(1) 
More than six feet above the grade plane; or
(2) 
More than six feet above the finished ground level for more than 50% of the total building perimeter; or
(3) 
More than 12 feet above the finished ground level at any point.
B. 
For purposes of Part 12 of this chapter, "basement" means any area of the building having its floor below the grade plane on all sides.
BOARD
Any body granted jurisdiction under a land use ordinance or under the Pennsylvania Municipalities Planning Code to render final adjudications.
BUILDING
A structure having a roof, which is used for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof.
BUILDING, ACCESSORY
A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
BUILDING, PRINCIPAL
A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
BUILDING COVERAGE
That percentage of the lot area covered by the building area.
BUILDING HEIGHT
A vertical distance measured from the grade plane of the building to the highest point of the roof for flat roofs, to the decklines of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING SETBACK LINE
The rear line of the minimum front yards, as herein designed for each district, measured from the street line.
CELLAR
A story partly underground and having more than 1/2 of its height (measured from floor to ceiling) below the grade plane. A cellar shall not be considered in determining the permissible number of stories or square footage, nor shall it be used for human habitation. A cellar shall be considered a basement and counted as a story above grade plane for the purpose of height measurement or determining square footage when the basement is used for business or dwelling purposes or when the finished surface of the floor above the basement is:
A. 
More than six feet above the grade plane; or
B. 
More than six feet above the finished ground level for more than 50% of the total building perimeter; or
C. 
More than 12 feet above the finished ground level at any point.
CO-LOCATION
The mounting of one or more WCFs, including antennas, on an existing tower-based WCF or utility pole or light pole.
[Added by Ord. 2015-12, 8/17/2015]
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.[1]
COMMUNITY DESIGN GUIDELINES
A 1998 booklet for the Borough of Doylestown which depicts appropriate and inappropriate features pertaining to: building orientation and siting; scale and massing of buildings; roofs and walls; storefronts; signage; landscaping; streetscape improvements; and parking lots.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions of Article VI of the Pennsylvania Municipalities Planning Code and this chapter.[2]
CORNER STORE
A small commercial building that is typically located on the corner of two intersecting streets, which is less than 1,500 square feet in gross floor area, but typically in the range of 600 to 800 square feet, in which the sale of retail items is offered for the convenience of the neighborhood. The corner store shall be located within the interior of a traditional neighborhood and shall not be located on an existing perimeter street or road frontage. The corner store typically serves persons within a ten-minute walk of the facility.
DECISION
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or the Pennsylvania Municipalities Planning Code to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the Borough lies.
DETERMINATION
Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
A. 
Doylestown Borough Council.
B. 
Doylestown Borough Zoning Hearing Board. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, a building or other structure, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, and the subdivision of land. For purposes of Part 12 of this chapter, "development" also includes storage of any equipment and materials.
[Amended by Ord. 2017-3, 3/20/2017]
DEVELOPMENT PLAN
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in the Pennsylvania Municipalities Planning Code, shall mean the written and graphic materials referred to in this definition.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added by Ord. 2015-12, 8/17/2015]
DORMITORY
A building occupied by and maintained exclusively for faculty, students or other such persons affiliated with a school, church, recreational or educational facility or other recognized institution, and when regulated by such institution.
DWELLING — A building containing one or more dwelling units.
DWELLING UNIT — Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
MULTIFAMILY DWELLING — A dwelling not otherwise defined in this § 202 having one or more than one dwelling unit from ground to roof and having a total of three or more dwelling units which are completely separated by party walls but share or have independent outside access.
SINGLE-FAMILY DETACHED DWELLING — A dwelling having only one dwelling unit from ground to roof, independent outside access and open space on all sides.
SINGLE-FAMILY ATTACHED DWELLING — A dwelling having only one dwelling unit from ground to roof, independent outside access, and, except for end units, two or more walls in common with adjoining dwellings, which dwelling is part of a group of not fewer than three dwelling units.
SINGLE-FAMILY SEMIDETACHED DWELLING — A dwelling having only one dwelling unit from ground to roof, independent outside access and not more than one wall in common with an adjoining dwelling.
TWO-FAMILY DUPLEX DWELLING — A dwelling having no more than two dwelling units from ground to roof, independent outside access and open space on all sides.
ELECTRIC SUBSTATION
An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the need of the general public.
EMERGENCY
A condition that:
[Added by Ord. 2015-12, 8/17/2015]
A. 
Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
B. 
Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
For purposes of Part 12 of this chapter, "existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the Borough.
[Added by Ord. 2017-3, 3/20/2017]
EXPANSION TO EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
For purposes of Part 12 of this chapter, "expansion to existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
[Added by Ord. 2017-3, 3/20/2017]
FAA
The Federal Aviation Administration.
FAMILY
One or more persons residing together in a single nonprofit dwelling unit, whether or not related by blood or marriage, who share an essential commonality of purpose limited to traditional residential use of the dwelling unit and such other uses related to the occupancy thereof by persons who suffer from a "handicap" as that term is defined in § 3602(h) of the Fair Housing Act [42 U.S.C. § 3602(h)] and are protected as such from discrimination under the provisions of § 3604 thereof [42 U.S.C. § 3604], and uses accessory thereto, and no other, with single common kitchen and dining facilities and shared access to all areas of the dwelling unit except for sleeping areas and where there is no allocation of space or spaces between or among occupants of the dwelling unit or uses therein by means of leases or other formal agreements. The word "family," as used herein, shall not include roomers, boarders or lodgers, members of group homes [except those protected as suffering from a "handicap" under the provisions §§ 3602(h) and 3604 of the Fair Housing Act] or any use otherwise defined, described or regulated in this chapter.
FCC
The Federal Communications Commission.
[Amended by Ord. 2015-12, 8/17/2015]
FENCE
A man-made barrier erected for purposes including, but not limited to, enclosure, exclusion, protection, privacy, screening, security, retainment and aesthetics, and located at the perimeter of or within the required yards of private property. This definition shall include the term "wall" as it is commonly used.
TEMPORARY FENCE — A fence having an anticipated use which will not exceed six months.
LIVING FENCE — Any fence or hedge composed of live materials.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD-FRINGE (FF)
That portion of the floodplain outside the floodway, where one-hundred-year-flood elevations have been determined in the Flood Insurance Study.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN (FA)
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
GRADE PLANE
A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finish ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
GREEN SPACE
The open space in a traditional neighborhood, consisting of open space, as defined in § 525, to be used for active or passive recreation, community gardens or resource protection, all of which shall be deed restricted against future development, and subject to landscaping in accordance with a landscape plan that complies with the Borough's Landscape Design Standards as determined by Borough Council. Green space areas shall be usable, easily identifiable and freely accessible to all residents and inhabitants of a traditional neighborhood.
GROSS DENSITY
The total number of dwelling units divided by the total number of acres in the tract, including any land occupied or proposed to be occupied by buildings, roads or road rights-of-way, required walkways, access ways or service areas, individual lot areas of semidetached dwelling units, yards or parking areas. Dedicated public open space, or private open space, including open space used as hereinafter required for buffering between different residential districts, shall not be excluded in computing gross density under this section.
GROUP HOME
A community living arrangement whereby two or more persons reside together in a single nonprofit dwelling unit, whether or not related by blood or marriage, and share an essential commonality of purpose in addition to traditional residential use of the dwelling unit and uses accessory thereto, including, but not limited to, such other uses related to the occupancy thereof by persons who suffer from a "handicap" as that term is defined in § 3602(h) of the Fair Housing Act [42 U.S.C. § 3602(h)] and are protected as such from discrimination under the provisions of § 3604 thereof [42 U.S.C. § 3604], with or without support staff and whether or not licensed by any governmental authority, with single common kitchen and dining facilities and whether or not space or spaces are allocated between or among occupants of the dwelling unit or uses therein. The phrase "group home," as used herein, shall not include roomers, boarders or lodgers, members of a family [except those protected as suffering from a "handicap" under the provisions §§ 3602(h) and 3604 of the Fair Housing Act] or any use otherwise defined, described or regulated in this Chapter.
HEARING
An administrative proceeding conducted by a board pursuant to Section 909.1 of the Pennsylvania Municipalities Planning Code.[3]
HEIGHT
When referring to a tower or alternative tower structure, the distance measured from the finished grade of the lot upon which it is situate to the highest point on the tower or alternative tower structure, including the base pad and any antenna.
HERITAGE CHARACTER
The pedestrian scale and proportion of the streetscape, the space between buildings and green space that provides the Borough of Doylestown with a distinct form and structure as depicted in the Community Design Guidelines.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved State program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
IDENTIFIED FLOODPLAIN AREA
This term is an umbrella term that includes all of the areas within which the Borough has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study but may include additional areas identified by the Borough. See § 1204, Subsections 1 and 2, for the specifics on what areas the Borough has included in the identified floodplain area.
[Amended by Ord. 2017-3, 3/20/2017]
IMPERVIOUS SURFACES
Those surfaces which do not absorb rain. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete, asphalt and packed stone shall be considered impervious surfaces within this definition. In addition, all other areas as may be determined hereafter by the Borough Engineer to be impervious within the meaning of this definition will also be classified as "impervious surfaces."
INTEGRATED JUDICIAL CENTER
A government owned or controlled facility which operates as a courthouse and which provides accommodations and supporting facilities and services for judicial functions of county, State or Federal governments and other related governmental functions which may include, but not be limited to, courtrooms, conference rooms, judicial chambers and offices, detention and holding facilities, offices of the Clerk of the Court of Common Pleas of the District and the administrative staff of the Court, as well as the offices of the Prothonotary, Clerk of Courts, and Clerk of Orphans Court Division, the District Court Administrator, the County Law Library, the offices of Jury Commissioners, Register of Wills, Sheriff, District Attorney and Public Defender, and such other functions, agencies and units of or related to the unified judicial system as may be designated in accordance with law, within an integrated development of buildings and structures, and which shall emulate the traditional building design, height, bulk, and area found in the office district of the Borough of Doylestown and as documented in the Community Design Guidelines of the Borough of Doylestown, 1998.
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
C. 
The following forms of development are hereby excluded from the definition of land development as above set forth pursuant to the provisions of 53 P.S. § 10503(1.1):
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(2) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.
LAND USE ORDINANCE
Any ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI and VII of the Pennsylvania Municipalities Planning Code.[4]
LIVE-WORK UNITS
A dwelling unit in combination with a place of business within the same building, whereby the resident occupant lives above the shop, studio or other place of employment that is located below on the ground floor of the building. Live-work units as provided in § 406, Subsection 4.1, hereof, is a form of the use dwelling in combination as otherwise provided for herein.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT LINE — Any boundary line of a lot, including a public right-of-way line.
LOT LINE, REAR — Any lot line which is parallel to or within 45° of being parallel to a right-of-way, except for a lot line that is itself a legal right-of-way line; and except that in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not legal right-of-way lines is to be considered a rear lot line. In the case of a lot having no right-of-way frontage or a lot of an odd shape, only the one lot line furthest from any legal right-of-way shall considered a rear lot line.
LOT LINE, SIDE — Any lot line which is not a legal right-of-way line or a rear lot line.
STREET LINE — See "street line."
SAMPLE LOT CONFIGURATIONS — Letters correspond to above definitions.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfurnished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes a mobile home or parked trailer, travel trailer or similar vehicle placed on a site for grater than 180 consecutive days. For issuance purposes, the term "manufactured home" does not include parked trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK or MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more manufactured homes or mobile homes.
MEDIATION
A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.[5]
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MONOPOLE
A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
[Added by Ord. 2015-12, 8/17/2015]
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Borough of Doylestown.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter. For purposes of Part 12 of this chapter, "new construction" means structures for which the start of construction commenced on or after March 16, 2015 (the effective date of Part 12 this chapter), and includes any subsequent improvements thereto. Any construction started after June 1, 1984, and before March 16, 2015, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
[Amended by Ord. 2017-3, 3/20/2017]
NEW MANUFACTURED HOME PARK OR SUBDIVISION
For purposes of Part 12 of this chapter, "new manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Borough.
[Added by Ord. 2017-3, 3/20/2017]
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.
NONCONFORMING STRUCTURE, LOT OR USE
See § 901.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment. Non-tower WCFs shall not include support structures for antennas and related equipment.
[Added by Ord. 2015-12, 8/17/2015]
NURSING HOME
See § 406, Subsection 20.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year.)
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated June 1, 1984, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a zoning and building permit has been properly issued prior to the effective date hereof.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated June 1, 1984, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
PUBLIC GROUNDS
Includes:
A. 
Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code.[6]
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough of Doylestown. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PRINCIPAL
See "building, principal" and/or "use, principal."
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
REPORT
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property in the Borough in which the Borough, county or commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Borough, county or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Borough, county or commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way. The phrase "existing right-of-way" is the legal right-of-way as established by the commonwealth or other appropriate governing authority and which is currently in existence. The phrase "future right-of-way" is the right-of-way deemed necessary to provide adequate width for future street improvements.
[Amended by Ord. 2015-12, 8/17/2015]
ROOMER, BOARDER or LODGER
A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder or lodger but as a guest of a commercial lodging establishment (motel, hotel, tourist home).
PRIVATE SEWER — An on-lot septic tank disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot.
PUBLIC SEWER — Any municipal or privately owned sewer system in which sewage is collected from buildings and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer. This shall include capped sewers when installed to Borough specifications.
SIGN
See §§ 701 to 703.
SITE
A tract parcel or parcels of land, held in single or joint ownership, containing one or more lots shown on a land development or subdivision plan.
SITE AREA
The area of the site, excluding any area within an existing street right-of-way, and including the area of any easements.
SOLAR ENERGY EQUIPMENT
Any device, structure or electronics that convert solar energy into electrical energy, heat water or produce hot air or similar function through the use of solar panels. The primary function of solar energy equipment is to reduce on-site consumption of energy produced by a public/private utility company.
SOLAR PANEL
A device containing one or more receptive cells equal to or greater than two square feet, the purpose of which is to convert solar energy into electrical or thermal energy.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code and this chapter.[8]
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks/subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of, a floodplain.
START OF CONSTRUCTION
For the purposes of Part 12 of this chapter, start of construction includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit, unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles and light poles.
[Added by Ord. 2015-12, 8/17/2015]
STORAGE SHEDS
A structure enclosed on all sides with roof, not to exceed eight feet in height and 100 square feet in area, for the storage of lawn, garden and swimming pool equipment.
STORY
That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of its wall area above grade level. A "half-story" is a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above such story.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINE
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way, provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.
STREETSCAPE
The space formed by buildings located close to the street, which is embellished with street trees and sidewalks, and accentuated with front porches, low fences and other appointments that are emblematic of a traditional neighborhood such as street lamps, curbs and on-street parking. The streetscape is framed by buildings which help create the "outdoor room" type of character typical of a traditional neighborhood setting.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
A. 
Driveways, parking areas and mechanical equipment such as air conditioners, compressors, generators, electrical transformers not owned by a public utility, aboveground fuel tanks, shipping containers or truck trailers not licensed or inspected for over the road use and used for stationary storage shall be included in the definition of "structure."
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new streets or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
For purposes of Part 12 of this chapter, any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued historic structure designation.
A. 
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
B. 
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
TAVERN
Any business operation which engages in the retail sale, use and/or consumption of alcoholic beverages, including but not limited to liquor, wine, malt or brewed beverages, on the business premises, and which is conducted pursuant to a license from the Pennsylvania Liquor Control Board. The word "tavern," as used herein shall not include a beer distributor operation conducted pursuant to a license from the Pennsylvania Liquor Control Board.
TOWER
Any structure, other than a building, that is designed and constructed primarily for the purpose of supporting one or more antennas and includes self-supporting lattice towers, guyed towers, monopole towers and alternative tower structures, including the base pad and any support thereto.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
[Added by Ord. 2015-12, 8/17/2015]
TRADITIONAL NEIGHBORHOOD
A compact place consisting of residential and nonresidential land use, linked by an interconnected network of streets, alleys and sidewalks and accentuated by green spaces, buildings placed close to the street, on-street parking and varied block lengths, all of which emulate the pattern of streets, alleys, blocks and lots typically found in the CR District and parts of the downtown of the Borough of Doylestown.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
An area of land developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons plaza, square or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out in a pattern of interconnecting streets and blocks that provides multiple routes from origins to destinations and are appropriately designed to serve the needs of pedestrians and vehicles equally.
TRAVEL TRAILER
A vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses having a body width not exceeding eight feet and a body length not exceeding 32 feet.
UNIFORM CONSTRUCTION CODE (UCC)
For purposes of Part 12 of this chapter, "UCC" means the statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities, whether administered by the Borough, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable to state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
[Added by Ord. 2017-3, 3/20/2017]
UNLICENSED LIQUOR ESTABLISHMENT
Any business operation, not conducted pursuant to a license from the Pennsylvania Liquor Control Board, which does not engage in the retail sale of alcoholic beverages but does facilitate the use or consumption of alcoholic beverages privately owned by the patrons thereof, including but not limited to liquor, wine, malt or brewed beverages, on the business premises. The phrase "unlicensed liquor establishment," as used herein, shall not include a sit-down restaurant (Use 33) conducted as a principal use under Part 4, § 406, Subsection 33, of this chapter.
USE
Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
USE, ACCESSORY
A use located on the same lot with a principal use, and clearly incidental or subordinate to, and customary in connection with, the principal use.
USE, PRINCIPAL
The main use on a lot.
USABLE DEVELOPMENT AREA
The gross development area in the R-2A Residential 2-A Zoning District, not including any portion thereof which is unusable either because of periodic flooding or for any other reason; provided, however, that the gross development area may include such unusable areas up to 5% of the entire site before excluding such portions in the computation of gross density.
VARIANCE
Relief granted pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code.[9]
VIOLATION
For purposes of Part 12 of this chapter, the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
WBCA
The Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
[Added by Ord. 2015-12, 8/17/2015]
WIND ENERGY EQUIPMENT
Any device, structure or electronics that converts wind energy into electrical energy through the use of a wind turbine. Wind energy equipment is intended to primarily reduce on-site consumption of energy produced by a public/private utility company.
WIND TURBINE
A device that converts wind energy into electricity through the use of a generator and includes the nacelle, rotor, tower, and base. A wind turbine is occasionally more commonly referred to as a "windmill" or "wind generator."
WIRELESS
Transmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
[Added by Ord. 2015-12, 8/17/2015]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
[Amended by Ord. 2015-12, 8/17/2015]
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public ROW or other Borough-owned land or property.
[Added by Ord. 2015-12, 8/17/2015]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.
[Added by Ord. 2015-12, 8/17/2015]
YARD
An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of a required yard shall be measured as the shortest distance between the structure and a lot line or street line.
YARD, FRONT
A yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REAR
A yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDE
A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
[1]
Editor's Note: The definition of "communications equipment building," which immediately followed this definition, was repealed 8/17/2015 by Ord. 2015-12.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 53 P.S. § 10909.1.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor’s Note: The definition of “minor repair,” which immediately followed this definition, was repealed 3/20/2017 by Ord. 2017-3.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 65 P.S. § 271 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.