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

§ 401 Applicability of Regulations.

[Ord. 1972-10, 10/16/1972, Art. IV, § 400]
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 § 406 of this Part and for the zoning districts so indicated.

§ 402 Uses by Right, Conditional Uses, Special Exceptions, and Uses not Permitted.

[Ord. 1972-10, 10/16/1972, Art. IV, § 410]
1. 
A use listed in § 406 is permitted by right in any district under which it is denoted by the letter "P", subject to all applicable requirements of this Chapter and subject to the issuance of a zoning permit in accordance with Part 10.
2. 
A use listed in § 406 is permitted as a conditional use in any district under which it is denoted by the letter "C", provided Borough Council, subsequent to recommendations by the Planning Commission, and pursuant to express standards and criteria set forth in § 406 and other applicable sections of this Chapter, authorizes the issuance of a zoning permit in accordance with Part 10.
3. 
A use listed in § 406 is permitted as a special exception in any district under which it is denoted by the letter "S", provided the Zoning Hearing Board, pursuant to express standards and criteria set forth in § 406 and other applicable sections of this Chapter, and to any other reasonable conditions the Board may establish, authorizes the issuance of a zoning permit in accordance with § 1107 and Part 10 of this Chapter.
4. 
A use listed in § 406 is not permitted in any district under which it is denoted by the letter "N".

§ 403 Uses Are Subject to Other Regulations.

[Ord. 1972-10, 10/16/1972, Art. IV, § 420]
Uses permitted by right, or as conditional uses, or by special exception, shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, provisions for off-street parking and loading, and to such other provisions as are specified in other Parts hereof.
In particular, the laws of the Commonwealth and the regulations of the Bucks County Department of Health regarding water supply and waste disposal shall be adhered to.

§ 404 Pre-existing Conditional Uses and Special Exceptions.

[Ord. 1972-10, 10/16/1972, Art. IV, § 430]
Any use existing on the effective date of this Chapter which is classified as requiring a conditional use or a special exception in the district in which the land occupied by the use is located, and which was lawful at the time the use was established, shall be deemed to have been granted a conditional use or special exception subject to maintaining the character and extent of operations and structures existing on that date. Any application for change in use or structure shall be subject to the procedures specified in Parts 9 and 10.

§ 405 Temporary Accessory Uses.

[Ord. 1972-10, 10/16/1972, Art. IV, § 440]
No garage or other accessory building, partial structure or other temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specific time limit not to exceed two years. On receipt of the zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation.
Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits according to the above procedures and regulations.

§ 406 Table of Use Regulations.

[Ord. 2004-7, 5/17/2004, § 1; Ord. 2004-7, 5/17/2004, § 2; Ord. 2004-7, 5/17/2004, § 3; Ords. 1974-10, 1978-6 and 1981-3; Ord. 1972-10, 10/16/1972, Art. IV, § 450; as amended by Ord. 1973-2, 1/15/1973, §§ 1, 2, 5, 11; by Ord. 1973-11, 7/30/1973, § 1; by Ord. 1974-6, 5/20/1974, §§ 1, 2; by Ord. 1974-10, 8/19/1974, §§ 4, 9, 11, 12, 15; by Ord. 1975-13, 7/7/1975; §§ 3, 6; by Ord. 1975-20, 11/3/1975, § 1; by Ord. 1976-7, 12/6/1976, § 1; by Ord. 1977-11, 8/15/1977, §§ 5, 6; by Ord. 1978-5, 4/19/1978, § 1; by Ord. 1978-6, 5/15/1978, § 2; by Ord. 1978-11, 9/10/1978, §§ 1, 2; by Ord. 1979-6, 4/2/1979, §§ 1, 2; by Ord. 1979-17, 9/17/1979, §§ 1, 2; by Ord. 1981-3, 7/20/1981, §§ 1, 3; by Ord. 1982-7, 4/19/1982, §§ 2, 3, 4; by Ord. 1983-5, 6/25/1983, §§ 1-3; by Ord. 1983-8, 10/17/1983, § 1; by Ord. 1985-1, 1/21/1985, § 1; by Ord. 1985-15, 12/16/1985, § 1; by Ord. 1986-10, 11/17/1986; by Ord. 1991-10, 6/17/1991, § 1; by Ord. 1995-7, 11/20/1995, § 2; by Ord. 1998-5, 6/15/1998, §§ 1, 2, 3, 4; and by Ord. 1998-11, 12/21/1998, § 1; by Ord. 1999-9, 6/28/1999, § 2, 3; by Ord. 1999-10, 6/28/1999, § 3, 5; by Ord. 2000-5, 6/26/2000, §§ 5, 6, 7; by Ord. 2000-10, 10/16/2000, § 1; by Ord. 2000-12, 11/20/2000, §§ 1, 2, 3; by Ord. 2001-6, 5/21/2000, §§ 2, 3, 4; by Ord. 2001-15, 12/17/2001, §§ 2, 3; by Ord. 2002-13, 12-16-2002, §§ 2, 3; by Ord. 2003-5, 3/17/2003, §§ 2, 3; by Ord. 2003-7, 8/18/2003, §§ 5, 6; by Ord. No. 2005-13, 10/17/2005, §§ 2.3 and 4; by Ord. 2008-7, 7/21/2008, §§ 1, 2; and by Ord. 2010-2, 3/15/2010 §§ 2 and 3; by Ord. 2010-8, 8/16/2010, § 1; and by Ord. 2011-2, 2/28/2011, §§ 1 and 2]
Residential Uses.
1. 
Single-family detached dwelling.
2. 
Single-family semidetached dwelling.
3. 
Single-family attached dwelling.
4. 
Two family duplex dwelling.
4.1. 
Traditional neighborhood development (TND).
A. 
A planned development of residential and business development shall be allowed as provided for herein and in the Table of Use Regulations, subject to the following provisions:
B. 
Purpose. The purpose and intent of this use is:
(1) 
To provide for a traditional neighborhood with a diversity of uses, block sizes, dwelling unit types and green spaces in a compact arrangement that promotes internal and external walkability.
(2) 
To encourage new development which emulates the character found in the Borough of Doylestown in places such as the Central Residential District and part of the downtown.
(3) 
To promote a streetscape quality to neighborhoods that furthers the identity of the Borough of Doylestown as a charming habitat in the central Bucks County area.
(4) 
To encourage a combination of business and residential uses in the North Broad Street corridor which enables jobs and employment opportunities close to home.
C. 
Key design elements.
(1) 
Unlike conventional suburban development patterns (with separated land uses, deep setbacks, no on-street parking, culs-de-sac and no sidewalks), traditional neighborhoods shall promote a more compact, integrated and sustainable development pattern and shall have the following key design elements:
(a) 
Civic anchor in the neighborhood. Such as a park, meeting hall, corner store, post office, library or community center, to provide a place for gathering and special events.
(b) 
Mix of uses. Combines residential, civic, recreational, commercial and open space uses in a diversified but seamless arrangement; also combines first floor retail with second floor dwellings and/or offices; encourages live-work units.
(c) 
Building types. Focuses on buildings designed by type, not solely by function, to allow for adaptations and changes in use (e.g. from dwelling, to shop, to work place, to civic); most appropriate when an expression of regional/local style.
(d) 
Park and open space land. Creates the green, square or park to help anchor the neighborhood; a system of green spaces ecologically balanced with the built environment and distributed within the neighborhood; includes a green edge of open space to help shape the neighborhoods.
(e) 
Network system of interconnecting streets. Organizes a block and pattern of lots; integrates with lanes, alleys, neighborhood streets; links to pedestrian and other transportation systems; streets and street walls create outdoor rooms.
(f) 
On-street/parallel parking. Provides a separator between vehicular and pedestrian traffic; utilizes cartway as an aisle; (with overflow parking to the rear or side of buildings); promotes effective traffic calming by slowing down the speed of vehicles, especially along narrower streets.
(g) 
Alleys. Allows for preservation of frontage streetscape; moves vehicular access to detached garages in the rear; provides access for deliveries, utilities and staging construction.
(h) 
Shallow setbacks. Helps to create an outdoor room sense of space, with two- to three-story buildings, typically from 60 feet to 85 feet across from one another on both sides of the street; promotes a human scale relationship for the pedestrian as part of the public realm; buildings placed at a build-to line create a street wall.
(i) 
Front porch/portico/colonnade. Serves as transition element from the private realm of the building to public realm of the sidewalk and street; provides shade; promotes a finer, more ornamental texture of the building; creates a cozy space to sit, read, relax; provides outdoor room to greet and socialize with neighbors.
(j) 
Sidewalks/crosswalks/pedestrian paths/walkways. Serves to link uses, buildings and lots together; accommodates a healthy pedestrian circulation network; provides close to home opportunities for exercise; enhances wayfinding and an appreciation of the neighborhood/place.
(k) 
Shade trees. Provide (as street trees) the canopy/overhead plane to help create an outdoor room; and as shade trees, provides an old shade character.
(l) 
Other vertical infrastructure. Includes fences, hedges, walls, street lamps, benches, gazebo, pavilion, pergola, monuments or like features.
D. 
Use and building type regulations.
(1) 
Traditional neighborhood development shall focus first on building types and second on uses within buildings. Except for civic buildings, other buildings in a traditional neighborhood shall have a size, height, scale and proportion that is compatible with traditional Doylestown residential buildings. Therefore, the corner store, the office or other business use should blend with the residential architecture of the neighborhood.
(2) 
Regardless whether fee-simple lots or some form of common ownership is to be used, when Traditional Neighborhood 1 developments are first created, the proposed lots shall be laid out and designated as either residential, nonresidential (which may include live-work units) or green space. Residential lots shall be further categorized as either single-family detached, single-family semidetached, single-family attached or multifamily. All lots shall be laid out so that the dimensional, coverage and all other requirements specified in this subsection shall be satisfied. However, the actual lot lines do not need to be legally established. Any future development on an individual lot, regardless whether or not it has been legally established, shall conform to this initial use designation for that particular lot.
(3) 
The following uses shall be permitted by right, provided that all detailed design standards of Subsections F, G and H of this Subsection 4.1 are met:
(a) 
Adaptive reuse of existing buildings.
(b) 
Conversions of existing buildings, in accordance with § 406.5.
(c) 
Civic buildings such as community center buildings, meeting hall, post office, library or place of worship.
(d) 
Commercial uses in buildings, limited to uses such as a corner store, coffee shop, newsstand, delicatessen, or flower shop which are permitted under § 406(29) and (31) of this Chapter, provided they are designed to be compatible with and limited to the convenience of the neighborhood, subject to the following additional regulations:
1) 
All commercial uses shall be located on the first floor (street level) and shall be located in buildings having frontage on an arterial, collector, or primary street as designated on the Highway Classification Map of the Borough of Doylestown, which is attached to and made a part of this Chapter.
2) 
To encourage a variety of types of commercial uses, the following regulations shall apply with respect to the gross floor area to be devoted to individual uses:
(i) 
One individual commercial use shall be permitted with a gross floor area up to but not to exceed 2,600 square feet;
(ii) 
Two individual commercial uses [in addition to the use permitted under Subsection 4.1D(3)(d)2)(i) above] shall be permitted, each with a gross floor area up to but not to exceed 2,000 square feet;
(iii) 
Each additional permitted individual commercial use shall not exceed 1,500 square feet of gross floor area.
(e) 
Live-work units, provided that same are not located within a nonresidential area of a traditional neighborhood.
(f) 
A range of dwelling unit types as set forth and described in Subsection E(2)(b) of this Subsection 4.1.
(g) 
Offices, limited to uses permitted under §§ 406.23 and 406.24 of this chapter, provided they are designed to be compatible with the residential neighborhood as set forth in Subsections D(1) and F of this Subsection 4.1.
[Amended by Ord. 2015-10, 6/15/2015]
(h) 
Home occupation, in accordance with § 406 (60).
(4) 
The following uses shall be permitted as accessory uses:
(a) 
Accessory uses that are clearly incidental to the uses permitted by right, such as parking, residential accessory structures or nonresidential accessory structures, provided that storage sheds are not permitted, and further provided that all accessory structures meet all setback requirements of principal buildings and structures.
(5) 
All dwellings shown on the initial approved plan shall not be converted to nonresidential use.
E. 
Use composition, dwelling unit composition and density/intensity.
(1) 
Use composition.
(a) 
Nonresidential development shall comprise at least 10% of the total tract area and may comprise up to 25% of the total tract area, exclusive of the area of perimeter street rights-of-way, subject to the following:
1) 
Combined office, commercial or retail development, live-work units and civic buildings may comprise up to 25% of the total tract area;
2) 
Not more than 17.5% of the total gross floor area devoted to nonresidential development may be devoted to commercial uses permitted under Subsection 4.1D(3)(d) hereof.
(2) 
Dwelling unit composition.
(a) 
There shall be a diversity of dwelling unit types and lot sizes, with variations in lot widths to promote additional diversity of dwelling unit sizes.
(b) 
A mix of dwelling unit types shall be achieved, using the following minimum or maximum percentages, whereby the mix of unit types shall be provided within each block to the maximum extent possible:
1) 
Multifamily, which either share outside access or are designed to have independent outside access: 5% minimum to 22% maximum.
2) 
Single-family attached: 10% minimum to 65% maximum.
3) 
Single-family semidetached: 5% minimum to 30% maximum.
4) 
Live-work units: 10% maximum.
5) 
Single-family detached: 5% minimum to 70% maximum.
(3) 
Density/intensity.
(a) 
The density for residential dwelling units shall not exceed 6.5 dwelling units per gross acre, inclusive of any live-work unit(s), calculated over the entire tract acreage, exclusive of the area of existing perimeter street rights-of-way.
(b) 
The intensity of nonresidential development, including offices, civic buildings and the business portion of the live-work unit(s), shall not exceed 16,000 square feet of building per net acre of land used for nonresidential use, exclusive of the area of existing perimeter street rights-of-way. To reduce the amount of building coverage, nonresidential buildings shall be two or three stories in height to maximize green space.
F. 
Detail design standards.
(1) 
Green space requirements.
(a) 
A green space of at least 35 feet in width shall be designated and maintained along any property line which directly abuts lots with existing single-family detached dwellings. Such green space shall be free of any structures, except for boundary fences, walls, curbing, pathways or sidewalks connecting adjacent neighborhoods, and existing buildings or structures. Such green space shall be landscaped in accordance with a landscape plan that complies with Ordinance 1999-19 pertaining to landscaping design standards and is approved by Borough Council.
(b) 
Within the traditional neighborhood, a variety of green spaces shall be designed to complement residential and nonresidential development. A minimum of 20% of the total site area shall be designated, landscaped and maintained as green space, exclusive of any stormwater management facilities or areas.
(c) 
Green space shall take on the form of a park, parklet, green, playfield, playground, buffer or approved landscaped area, in accordance with a landscape plan that complies with the Borough's Landscape Design Standards as determined by Borough Council.
(d) 
Green spaces shall be at least 2,000 square feet in area in order to count toward the 20% minimum requirement.
(e) 
Green space shall be owned and maintained in a form that is acceptable to Borough Council. All green space shall be subject to a declaration of covenants, easements and restrictions in a form that is acceptable to the Borough Solicitor.
(f) 
Green space shall be landscaped in accordance with Subsection F(5)(a) and (b) of this Subsection 4.1.
(2) 
Streets, alleys and accessways.
(a) 
Streets, alleys and accessways shall form an interconnected vehicular circulation network to the maximum extent possible as determined by Borough Council.
(b) 
All streets shall be sufficient in width to provide for on-street parking on at least one side. An on-street parking space shall measure at least seven feet wide by 22 feet long when parallel to the curbline.
(c) 
Streets with on-street parking on one side shall be 27 feet in width (with two ten-foot travel lanes and one seven-foot parking bay).
(d) 
Streets with on-street parking on both sides shall be 34 feet in width (with two ten-foot travel lanes and two seven-foot parking bays).
(e) 
Alleys shall be provided to enable buildings to be placed closer to the street and thereby enhance the curb appeal of the traditional neighborhood. Alleys shall be provided to move vehicular access to the rear of buildings to the maximum extent possible and thereby to move garage doors and curb cuts away from the frontage streetscape.
(f) 
Alleys that are two-way and proposed for dedication to the Borough shall be at least 16 feet in width. Alleys that are two-way and not proposed for dedication to the Borough may be reduced to 14 feet in width.
(g) 
Alleys that are one-way and not proposed for dedication shall be at least 12 feet in width.
(h) 
All one-way accessways and driveways shall be at least nine feet in width.
(3) 
Curb cuts, driveways and garages.
(a) 
Garages, driveways and/or parking lots shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.
(b) 
To the maximum extent possible as determined by Borough Council, garages shall be accessed from an alley. In those places where alleys are not possible to service development as determined by Borough Council, curb cuts may be permitted, provided that the garage door is recessed at least 18 feet from the front facade, and further provided that no more than 10% of the total number of dwelling units are accessed by such curb cuts.
(c) 
Where garages are accessed from an alley and a parking apron is provided perpendicular to an alley, such garage shall be 18 feet from the edge of the alley.
(d) 
Where garages are accessed from an alley and a parking apron is provided parallel to an alley, such garage shall be eight feet from the edge of the alley.
(e) 
Garages for residential dwelling units shall meet one of the following design options, listed in the order of preference for the traditional neighborhood:
1) 
The garage is rear-entry, such that garage doors are on the opposite side of the house from the front facade, preferably accessed from an alley.
2) 
The garage is located behind the rear facade of the house. Such garage may be detached from or attached to the dwelling, and the garage doors may face any direction.
3) 
The garage is front-entry and recessed at least 18 feet from the front facade (excluding any porches or decks) of the building. When residential garages face a street, the garage shall comprise no more than 25% of the total area of the front facade elevation of a dwelling unit, measured from ground level to the lower edge of the roof. A garage door facing a street shall not exceed a width of 12 feet.
4) 
The garage is side-entry, such that garage doors are perpendicular or radial to the street which the front facade faces.
(4) 
Sidewalks and Pathways.
(a) 
Sidewalks of at least four feet six inches in width shall be constructed and maintained along all streets.
(b) 
Pathways of at least four feet six inches in width shall be constructed and maintained to link to existing off-site pathways and to enhance the use of green areas as required by Borough Council.
(5) 
Street trees and other landscaping.
(a) 
All street trees, landscaping and plantings shall comply with Ordinance No. 1999-19 pertaining to landscaping design standards.
(b) 
Other landscaping in the form of perimeter buffers, screens, foundation plantings, fencing, walls, pergolas, gazebos, monuments or other civic art shall be essential to a traditional neighborhood and shall be subject to plan approval by Borough Council.
(c) 
Nonresidential parking areas shall be buffered from residential areas by landscaping and/or compatible small-scale residential buildings and/or structures.
(6) 
Buildings and neighborhood design.
(a) 
The buildings in the traditional neighborhood shall relate to the context and fabric of existing places in the Borough typically found within the Central Residential (CR) District with respect to residential buildings and the older buildings in the Central Commercial (CC) District and parts of the downtown with respect to nonresidential buildings. The size, mix proportion and form of buildings shall emulate the heritage character of these Doylestown neighborhoods and shall follow principles of appropriateness, as documented in the Community Design Guidelines of the Borough of Doylestown, 1998, and to the examples included in Appendix A to this Zoning Ordinance, entitled "Representative Residential Buildings."[1]
[1]
Editor's Note: Appendix A is included as an attachment to this Chapter.
(b) 
A minimum of 60% of the principal residential buildings shall include a front door accessing onto an unenclosed front porch with a minimum floor area of 72 square feet. Such porch shall be covered by a permanent roof and shall not be enclosed in the future
(c) 
No principal building shall include a flat roof. Significant roof pitches and variations in roof lines are specifically encouraged.
(d) 
With respect to nonresidential buildings, blank walls shall not be permitted along any exterior wall facing a street, parking area or walking area. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration and details.
(7) 
Parking and parking lots.
(a) 
Parking shall be located on street to the maximum extent possible to provide the streetscape appearance that is traditional in the Borough and to serve as an insulator between moving vehicles and pedestrians walking along the adjoining sidewalks.
(b) 
Parking lots shall be located to the rear or sides of buildings.
(c) 
Parking lots and/or garages shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.
(d) 
Live-work units shall have the parking ratio as required for a dwelling, as provided in Part 8, Off Street Parking and Loading.
(e) 
Parking ratios for all other uses shall also be in accordance with Part 8, Off Street Parking and Loading, except that the parking ratio for multifamily dwellings shall comply with § 801, Subsection 1, of this Chapter. However, if Part 8 imposes an excessive standard, as determined by Borough Council, the applicant shall demonstrate through the use of empirical data from other built projects that a lesser standard can adequately serve the proposed use(s). In any event, the Borough shall hold in escrow the monetary value of the parking spaces not built for a period of two years after commencement of the use, and the development plan shall show the layout of the required parking areas to be held in reserve and include calculations on the potential impervious surface area addition. If after two years, the use is adequately serviced by the parking provided, escrow funds may be released. If the provided parking is not adequate, then the escrow funds shall be used to construct the needed parking.
(f) 
All nonresidential parking areas shall be visually screened from existing and proposed streets by hedges, buffer plantings or similar elements.
(8) 
Off-street loading areas, outdoor storage and trash disposal areas.
(a) 
Nonresidential uses shall meet the following requirements:
1) 
All loading areas and loading docks shall be located to the sides and rears of buildings. Loading docks shall not be visible from public streets. All loading areas and loading docks shall be set back at least 25 feet from residential areas.
2) 
Outdoor storage or display of materials shall not be permitted.
3) 
Trash disposal areas shall be located within buildings or within an opaque screened area that completely hides the trash and is located to the side or rear of the building. All outdoor trash disposal areas shall be set back at least 25 feet from residential property lines.
G. 
Dimensional requirements.
(1) 
Streetscape.
(a) 
The most critical dimension in the traditional neighborhood is the width of the streetscape from building walls on one side of the street to building walls on the opposite side of the street.
1) 
Where blocks are created with buildings close to the street and sidewalk, the typical streetscape width shall be in the range from 60 feet to 75 feet for nonresidential building streetscapes and 70 feet to 85 feet for residential building streetscapes.
2) 
Where buildings parallel or encircle a green space, the streetscape width may be wider as a function of the width of an approved green space.
(2) 
Building setback for principal buildings.
(a) 
Front or side yard from an interior street or alley: six feet minimum; 25 feet maximum.
(b) 
Front or side yard from streets along the tract perimeter: 10 feet minimum; 30 feet maximum.
(3) 
Side yards for principal buildings.
(a) 
Six feet minimum; 12 feet aggregate.
(b) 
Twelve feet minimum building separation distance in the case of development where individual lots are not created, such as condominium development.
(4) 
Rear yards for principal buildings.
(a) 
Eighteen feet minimum yard setback.
(b) 
Eighteen feet minimum building setback from street or alley edge in the case of development where individual lots are not created, such as condominium development.
(c) 
Thirty-six feet minimum building separation distance, where individual lots are not created, such as condominium development, and in the case where there is no street or alley between buildings that do not have conventional lots.
(5) 
Single-family detached dwellings.
(a) 
Minimum lot area: 4,000 square feet.
(b) 
Minimum lot width at the minimum building setback line: 35 feet.
(c) 
In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall apply.
(6) 
Single-family semidetached, twin or duplex dwellings.
(a) 
Minimum lot area: 2,500 square feet per unit.
(b) 
Minimum lot width at the minimum building setback line: 25 feet.
(c) 
In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall apply.
(7) 
Single-family attached dwellings and live-work units.
(a) 
Minimum lot area: 1,800 square feet.
(b) 
Minimum lot width at the minimum building setback line: 20 feet.
(c) 
In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall apply.
(8) 
Multifamily dwellings.
(a) 
Maximum building length: 80 feet.
(9) 
Principal nonresidential use.
(a) 
Minimum lot area: 10,000 square feet.
(b) 
Minimum lot width at the minimum building setback line: 65 feet.
(c) 
In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall apply.
(10) 
Building coverage.
(a) 
Maximum building coverage for the district: 35%.
(11) 
Impervious surface coverage.
(a) 
Maximum impervious surface coverage for the district: 70%.
(12) 
Maximum building heights.
(a) 
Forty-two feet/three stories.
H. 
Other requirements.
(1) 
All buildings within the development shall be served by a public water supply and public centralized sewage disposal system.
(2) 
All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground, and electric transformers shall be installed underground or within the walls of a completely enclosed building.
(3) 
If the development is to be carried out in phases, each phase shall be so planned that the intent of this Chapter shall be fully complied with at the completion of any phase. Any phased development shall be fully described and defined on the subdivision or land development plan.
(4) 
All streets and alleys, whether public or private, shall have a right-of-way. The right-of-way width for alleys may be the same width as the paved area.
I. 
Relationship to other ordinance provisions.
(1) 
The regulations in this Subsection 4.1 shall take precedence over other provisions of Chapter 27 to the extent that this Subsection 4.1 specifies additional or varied requirements. Otherwise, all applicable sections of Chapter 27, and the Subdivision and Land Development Ordinance, shall apply.
4.2. 
Traditional neighborhood development (TND-2).
A. 
A planned development of residential and business development shall be allowed as provided for herein and in the Table of Use Regulations, subject to the following provisions:
B. 
Purpose. The purpose and intent of this use is:
(1) 
To provide for a traditional neighborhood with a diversity of uses, block sizes, dwelling-unit types and green spaces in a compact arrangement that promotes internal and external walkability.
(2) 
To encourage new development which emulates the character found in residential building types typically found in the Central Commercial District portions of the downtown. These types include attached structures with building facades aligned close to the sidewalks, and have stoops, porticos, or porches. The buildings are typically two to three stories in height, and front on a street, alley, or public green space.
(3) 
To promote a streetscape quality to neighborhoods that furthers the identity of the Borough of Doylestown as a charming habitat in the Central Bucks County area.
(4) 
To encourage a combination of business, live-work as well as purely residential uses in the North Main Street corridor which enables jobs and employment opportunities close to home.
C. 
Key design elements.
(1) 
Unlike conventional suburban development patterns (with separated land uses, deep setbacks, no on-street parking, culs-de-sac and no sidewalks), traditional neighborhoods shall promote a more compact, integrated and sustainable development pattern and shall have several of the following key design elements:
(a) 
Civic anchor in the neighborhood. Such as a park, meeting hall, corner store, post office, library or community center, to provide a place for gathering and special events.
(b) 
Mix of uses. Combines residential, civic, recreational, commercial and open space uses in a diversified but seamless arrangement; also combines first floor office or retail with second floor dwellings, thereby encouraging live-work units.
(c) 
Building types. Focuses on buildings designed by type, not solely by function, to allow for adaptations and changes in use (e.g., from dwelling, to shop, to work place, to civic); most appropriate when an expression of regional/local style.
(d) 
Park and open space land. Creates the green, square or park to help anchor the neighborhood; a system of green spaces ecologically balanced with the built environment and distributed within the neighborhood; includes a green edge of open space to help shape the neighborhoods.
(e) 
Network system of interconnecting streets. Organizes a block and pattern of lots; integrates with lanes, alleys, neighborhood streets; links to pedestrian and other transportation systems; streets and street walls create outdoor rooms.
(f) 
On-street/parallel parking. Provides a separator between vehicular and pedestrian traffic; utilizes cartway as an aisle (with overflow parking to the rear or side of buildings); promotes effective traffic calming by slowing down the speed of vehicles, especially along narrower streets.
(g) 
Alleys. Allow for preservation of frontage streetscape; moves vehicular access to attached or detached garages in the rear; provides access for deliveries, utilities and staging construction.
(h) 
Shallow setbacks. Helps to create an outdoor room sense of space, with two — to 3 1/2 story buildings, typically from 60 feet to 85 feet across from one another on both sides of the street; or typically 30 feet to 40 feet from a street center line when streets are not double-loaded with buildings; promotes a human-scale relationship for the pedestrian as part of the public realm; buildings placed at a build-to line create a street wall. Where units do not front directly on a public street, they shall front on a public park or green with an adjacent pedestrianway or sidewalk.
(i) 
Front porch/portico! stoop. Serves as transition element from the private realm of the building to public realm of the sidewalk and street; provides shade and protection from the weather; promotes a finer, more ornamental texture of the building; creates a cozy space to sit, read, relax; provides outdoor room to greet and socialize with neighbors.
(j) 
Sidewalks/crosswalks/pedestrian paths/walkways. Serves to link uses, buildings and lots together; accommodates a healthy pedestrian circulation network; provides close to home opportunities for exercise; enhances wayfinding and an appreciation of the neighborhood/place.
(k) 
Shade trees. Provide (as street trees) the canopy/overhead plane to help create an outdoor room; and as shade trees, provides an old shade character.
(l) 
Other vertical infrastructure. Includes fences, hedges, walls, street lamps, benches, gazebo, pavilion, pergola, monuments or like features.
D. 
Use and building type regulations.
(1) 
Traditional neighborhood development shall focus first on building types and second on uses within buildings. Except for civic buildings, other buildings in a traditional neighborhood shall have a size, height, scale and proportion that is compatible with traditional Doylestown residential buildings. Therefore, the corner store, the office, the live-work unit, or other business use should blend with the residential architecture of the neighborhood.
(2) 
Regardless whether fee-simple lots or some form of common ownership is to be used, when traditional neighborhood developments are first created, the proposed lots shall be laid out and designated as either residential, nonresidential (which may include live-work units) or green space. Residential lots shall be further categorized as either single-family detached, single-family semidetached, single-family attached or multifamily. All lots shall be laid out so that the dimensional, coverage and all other requirements specified in this subsection shall be satisfied. However, conventional lot lines do not need to be legally established if condominium ownership is proposed. Any future development on an individual lot, and any future use in an individual building or dwelling unit, shall conform to this initial use designation for that particular lot, except that live-work units may be created as provided for in Subsection 4.2D(6) below.
(3) 
The following uses shall be permitted by right, provided that all detailed design standards of this ordinance are met:
(a) 
A range of dwelling unit types as set forth and described in Subsection E(2)(a) of this Subsection 4.2.
(b) 
No-impact home-based business.
(c) 
Home occupation, in accordance with § 406 (60).
(4) 
The following uses shall be permitted as accessory uses:
(a) 
Accessory uses that are clearly incidental to the uses permitted by right, such as noncommercial vehicle parking. Residential accessory structures or nonresidential accessory structures not approved as part of a final land development plan shall not be permitted. Storage sheds, trampolines, skateboard ramps, other residential accessory structures, or the outside storage of recreational vehicles, trailers, or boats are not permitted. Accessory structures shall meet all setback requirements of principal buildings and structures. Fences shall not be permitted in any front yard, and only those fences and walls designed as part of the original development plan shall be permitted. Decks and other accessory structures shall not be constructed with the deck floor elevation more than nine feet above average finished grade adjacent. The decks and railings shall be coated in a monochromatic all-weather finish and in no case shall the deck and the railing be left as unfinished lumber. No permanent awnings or covers shall be installed over decks and only retractable-type awnings and umbrellas shall be permitted.
(5) 
All dwellings shown on the initial approved plan shall not be converted to nonresidential use, except that live-work units shall be governed by Subsection 4.2D(6).
(6) 
The following uses shall be permitted by special exception approved and granted by the Zoning Hearing Board pursuant to the provisions of Part 11 of this Chapter:
(a) 
Live-work units, provided that same comply with the detailed design standards of Subsections 4.2F, G and H and the following:
1) 
No more than 30% of the total number of dwelling units may be converted to live-work units.
2) 
All live-work units shall have frontage on North Main Street.
3) 
The nonresidential portion of the dwelling used for the live-work unit shall not exceed 50% of the total gross floor area and shall not be located above the second floor.
4) 
The residential occupant of the live-work unit must also be an owner or principal employee of the business occupying the unit.
5) 
The business occupying the live-work unit shall not have more than three employees present on site at any time, including the principal or owner.
6) 
The live-work unit must be identified by a sign no larger than four square feet and as provided for in § 708 of this Chapter.
7) 
No retail, medical, or dental offices or other office uses generating comparable visitor traffic to the aforementioned shall be permitted in live-work units.
8) 
Live-work units shall be subject to use and occupancy permits and inspections.
(b) 
Civic buildings such as a community center building, meeting hall, post office, library or place of worship.
(c) 
Small commercial buildings, limited to uses such as a corner store, coffee shop, newsstand, delicatessen or flower shop which are permitted under §§ 406.29 and 406.31 of this Chapter, of less than 1,500 square feet of gross floor area, provided that they are designed to be compatible with and limited to the convenience of the surrounding neighborhood.
(d) 
Offices, limited to uses permitted under §§ 406.23 and 406.24 of this Chapter, except for offices of physicians, dentists and medical and related offices, provided that they are designed to be compatible with the residential neighborhood, as set forth in Subsections D(1) and F of this Subsection 4.2.
E. 
Use composition, dwelling unit composition, and density/intensity.
(1) 
Use composition.
(a) 
Uses set forth in Subsection 4.2D(6)(b), (c) and (d) may comprise up to 10% of the total tract area, exclusive of the area of perimeter street rights-of-way, subject to the following:
1) 
Commercial or retail development may comprise up to 5% of the total tract area.
2) 
Office development and civic buildings collectively may comprise up to 33% of the total tract area.
(2) 
Dwelling unit composition.
(a) 
There may be a diversity of dwelling unit types and lot sizes, with variations in lot widths to promote additional diversity of dwelling unit sizes. Dwelling unit types may include single-family detached, single-family semidetached, single-family attached, live-work units, and multifamily units.
(3) 
Density/intensity.
(a) 
The density for residential dwelling units shall not exceed 6.8 dwelling units per gross acre, inclusive of any live-work unit(s), calculated over the entire tract acreage, exclusive of the area of existing perimeter street rights-of-way.
F. 
Detailed design standards.
(1) 
Green space requirements.
(a) 
A green space of at least 10 feet in width shall be designated and maintained along any property line. Such green space shall be free of any structures, except for side and rear alleys, boundary fences, walls, curbing, pathways or sidewalks connecting adjacent neighborhoods, and existing buildings or structures. Such green space shall be landscaped in accordance with a landscape plan that complies with Ordinance 1999-19 pertaining to landscaping design standards and is approved by Borough Council.
(b) 
With the traditional neighborhood, a variety of green spaces shall be designed to complement residential and nonresidential development. A minimum of 20% of the total site area shall be designated, landscaped and maintained as green space. The areas of surface stormwater management facilities shall only be included in the green space calculation if approved by Borough Council.
(c) 
Green space shall take on the form of a park, parklet, green, playfield, playground, buffer or approved landscaped area, in accordance with a landscape plan that complies with the Borough's Landscape Design Standards as determined by Borough Council.
(d) 
Green spaces shall be at least 4,000 square feet in contiguous area in order to count toward the 20% minimum requirement.
(e) 
Green space shall be owned and maintained in a form that is acceptable to Borough Council. All green space shall be subject to a declaration of covenants, easements and restrictions in form and substance acceptable to the Borough Solicitor.
(f) 
Green space shall be landscaped in accordance with Subsection F(5)(a) and (b) of Subsection 4.1.
(2) 
Streets, alleys and accessways.
(a) 
Streets, alleys and accessways shall form an interconnected vehicular circulation network to the maximum extent possible as determined by Borough Council.
(b) 
All streets shall be sufficient in width to provide for on-street parking on at least one side. An on-street parking space shall measure at least seven feet wide by 22 feet long when parallel to the curbline.
(c) 
Streets with on-street parking on one side shall be 27 feet in width minimum (with two ten-foot wide travel lanes, and one seven-foot wide parking bay).
(d) 
Streets with on street parking on both sides shall be 34 feet in width minimum (with two ten-foot wide travel lanes, and two seven-foot wide parking bays).
(e) 
Alleys shall be provided to enable buildings to be placed closer to the street and thereby enhance the curb appeal of the traditional neighborhood. Alleys shall be provided to move vehicular access to the rear of buildings to the maximum extent possible and thereby to move garage doors and curb cuts away from the frontage streetscape.
(f) 
Alleys that are two-way shall be at least 18 feet in width. Where Fire Department access is required as determined by the Borough Fire Marshal, then the alley shall be 18 feet wide. Alleys may be reduced to 14 feet in width when an additional two-foot shoulder is provided on both sides of the alley comprised of masonry pervious paving blocks capable of supporting fire-fighting equipment.
(g) 
Alleys that are one-way and not proposed for dedication shall be at least 12 feet in width.
(h) 
All one-way accessways and driveways shall be at least nine feet in width.
(3) 
Curb cuts, driveways and garages.
(a) 
Garages, driveways and/or parking lots shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.
(b) 
Garages shall be accessed from an alley. Curb cuts along streets shall not be permitted to access garages.
(c) 
Where garages are accessed from an alley and a parking apron is provided perpendicular to an alley, the front of the garage shall be at least 18 feet from the edge of the alley.
(d) 
Where garages are accessed from an alley and a parking apron is provided parallel to an alley, the front of the garage shall be at least eight feet from the edge of the alley.
(e) 
Garages for residential dwelling units shall meet one of the following design options, listed in the order of preference for the traditional neighborhood:
1) 
The garage is rear-entry, such that garage doors are on the opposite side of the house from the front facade, accessed from an alley.
2) 
The garage is located behind the rear facade of the house. Such garage may be detached from or attached to the dwelling, and the garage doors may face any direction.
(f) 
Garages shall be a maximum of 15 feet high measured as the mean elevation between ridge and eave. Garages shall have a minimum roof slope of 8:12. Garages may have accessory habitable spaces on the second floor but shall not contain separate dwelling units. Garages that contain habitable spaces shall have a fire suppression system in accordance with NFPA 13.
(4) 
Sidewalks and pathways.
(a) 
Sidewalks of at least four feet six inches in width shall be constructed and maintained along all streets. A four-foot curb lawn shall be provided between the sidewalk and the curb to facilitate street trees.
(b) 
Pathways of at least six feet in width shall be constructed and maintained to link to existing off-site pathways and to enhance the use of green areas as required by Borough Council.
(5) 
Street trees and other landscaping.
(a) 
All street trees, landscaping and plantings shall comply with Ordinance 1999-19 pertaining to landscaping design standards, and with Ordinance 2001-8 regarding replacement trees, both as may be amended from time to time.
(b) 
Other landscaping in the form of perimeter buffers, screens, foundation plantings, fencing, walls, pergolas, gazebos, monuments or other civic art shall be essential to a traditional neighborhood and shall be subject to plan approval by Borough Council. However, masonry walls shall be used to connect dwellings to garages at the ends (external portion) of a group of attached units so that a continuous wall is formed. Fences shall be used to separate yard spaces of internal adjoining units to enhance privacy.
(c) 
Nonresidential parking areas shall be buffered from residential areas by landscaping and/or compatible small-scale residential buildings and/or structures.
(d) 
A dedicated four-foot wide planting strip shall be provided between the curb and sidewalk to facilitate street trees in accordance with § 520.
(6) 
Buildings and neighborhood design.
(a) 
The buildings in the traditional neighborhood shall relate to the context and fabric of existing places in the Borough typically found within the older residential building types in the Central Commercial (CC) District and parts of the downtown. The size, mix proportion and form of buildings shall emulate the heritage character of these Doylestown neighborhoods and shall follow principles of appropriateness, as documented in the Community Design Guidelines of the Borough of Doylestown, 1998 and shall, for each proposed building, specifically conform to Appendix B which is attached to and made a part of this Chapter.[2]
[2]
Editor's Note: Appendix B is included as an attachment to this Chapter.
(b) 
All dwelling units shall have a covered front porch at least six feet in depth. The porch shall have a permanent roof, but shall not be enclosed.
(c) 
No principal building shall include a flat roof. Significant roof pitches and variations in roof lines shall be provided.
(d) 
All principal buildings shall have variations, including:
1) 
Recesses and projections in the facades, so that no more than two adjoining dwelling units are on the same plane, and the recess or projection is at least three feet.
2) 
Heights of facades, so that no more than two adjoining dwelling units are at the same height, and the height difference is at least one foot.
3) 
The front facade of each dwelling unit shall be composed of brick, stucco, or stone, and shall incorporate at least one or a combination of the following elements: window headpieces, keystones and rowlocks, quoin corners, water table courses, precast concrete details, and/or corbelled row locks. These materials shall also be used on all side walls that face a public street or public park or green.
(e) 
Brick or stucco chimneys shall be provided for all dwelling units.
(f) 
With respect to nonresidential buildings, blank walls shall not be permitted along any exterior wall facing a street, parking area or walking area. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration and details.
(g) 
All buildings in the TND-2 District shall be protected with a fire suppression system in accordance with NFPA 13R. Accessory garages not used for human habitation are not required to have fire suppression. Attached garages shall be provided with fire suppression as required above for the principal building.
(7) 
Parking and parking lots.
(a) 
Parking shall be located on street to the maximum extent possible to provide the streetscape appearance that is traditional in the Borough and to serve as an insulator between moving vehicles and pedestrians walking along the adjoining sidewalks.
(b) 
Parking lots shall be located to the rear or sides of buildings.
(c) 
Parking lots and/or garages shall not be the dominant aspect of the building design and/or the streetscape as viewed from the street.
(d) 
Live-work units shall have the parking ratio as required for a dwelling, as provided in Part 8 of this Chapter, Off-Street Parking and Loading. Employees working in the live-work units shall be directed to park at available off-site public parking areas to reserve available parking for customers and business invitees.
(e) 
Parking ratios for all other uses shall also be in accordance with Part 8, Off Street Parking and Loading, except that the parking ratio for multifamily dwellings shall comply with § 801, Subsection 1 of this Chapter. However, if Part 8 imposes an excessive standard, as determined by Borough Council, the applicant shall demonstrate through the use of empirical data from other built projects that a lesser standard can adequately serve the proposed use(s). In any event, the Borough shall hold in escrow the monetary value of the parking spaces not built for a period of two years after commencement of the use, and the development plan shall show the layout of the required parking areas to be held in reserve and include calculations on the potential impervious surface area addition. If after two years, the use is adequately serviced by the parking provided, escrow funds may be released. If the provided parking is not adequate, then the escrow funds shall be used to construct the needed parking.
(f) 
Except for parking at a green, park, playfield, or playground, all nonresidential parking areas shall be screened from streets by walls, fences, and evergreen hedges.
(8) 
Off-street loading areas, outdoor storage and trash disposal areas.
(a) 
Nonresidential uses shall meet the following requirements:
1) 
All loading areas and loading docks shall be located to the rears of buildings. Loading docks shall not be visible from public streets. All loading areas and loading docks shall be set back at least 25 feet from residential areas.
2) 
Outdoor storage or display of materials shall not be permitted.
3) 
Trash disposal areas shall be located within buildings or within an opaque screened area that completely hides the trash and is located to the side or rear of the building. All such outdoor trash disposal areas shall be set back at least 25 feet from residential property lines, and at least 10 feet from any perimeter property line of the site.
(b) 
Residential units shall have a designated place to store household trash receptacles within an enclosed building. Trash placed out for pickup shall have a designated area for each unit and shall be of an improved all-weather surface.
(c) 
Postal deliveries shall be to individual mail slots or boxes in the individual dwelling units and shall not be grouped into multi-box community receptacles.
G. 
Dimensional requirements.
(1) 
Streetscape.
(a) 
The most critical dimension in the traditional neighborhood is the width of the streetscape from building walls on one side of the street to building walls on the opposite side of the street.
1) 
Where blocks are created with buildings close to the street and sidewalk, the typical streetscape width shall be in the range from 60 feet to 80 feet for nonresidential building streetscapes and 70 feet to 85 feet for residential building streetscapes.
2) 
Where buildings parallel or encircle a green space, the streetscape width may be wider as a function of the width of an approved green space.
(2) 
Building setback for principal buildings.
(a) 
Front or side yard from an interior street or alley (excluding right-of-way radius): 20 feet minimum; 25 feet maximum. Where buildings parallel or encircle a green space, the setbacks may be greater as a function of the width of an approved green space.
(b) 
Front or side yard from streets along the tract perimeter (excluding right-of-way radius): 20 feet minimum; 25 feet maximum.
(3) 
Side yards for principal buildings.
(a) 
Six feet minimum; 12 feet aggregate.
(b) 
For office or other nonresidential uses, side yards of 10 feet minimum shall be provided.
(c) 
Twelve feet minimum principal building separation distance in the case of development where individual lots are not created, such as condominium development.
(4) 
Rear yards for principal buildings.
(a) 
Eighteen feet minimum yard setback.
(b) 
Eighteen feet minimum principal building setback from street or alley edge in the case of development where individual lots are not created, such as condominium development.
(c) 
Thirty-six feet minimum principal building separation distance, where individual lots are not created, such as condominium development.
(5) 
Single-family detached dwellings.
(a) 
Minimum lot area: 4,000 square feet.
(b) 
Minimum lot width at the minimum building setback line: 35 feet.
(c) 
In the case where individual lots are not created, such as condominium development, an equivalent lot area and lot width shall apply.
(6) 
Single-family semidetached, twin or duplex dwellings.
(a) 
Minimum lot area: 2,500 square feet per unit.
(b) 
Minimum lot width at the minimum building setback line: 25 feet.
(c) 
In the case where individual lots are not created, such as condominium development, lots shall be shown on the plan and an equivalent lot area and lot width shall apply.
(7) 
Single-family attached dwellings and live-work units.
(a) 
Minimum lot area: 1,800 square feet.
(b) 
Minimum lot width at the minimum building setback line: 20 feet.
(c) 
In the case where individual lots are not created, such as condominium development, lots shall be shown on the plan an equivalent lot area and lot width shall apply.
(8) 
Multifamily dwellings.
(a) 
Maximum building length: 80 feet.
(9) 
Principal nonresidential use.
(a) 
Minimum lot area: 10,000 square feet.
(b) 
Minimum lot width at the minimum building setback line: 65 feet.
(c) 
In the case where individual lots are not created, such as condominium development, lots shall be shown on the plan an equivalent lot area and lot width shall apply.
(10) 
Building coverage.
(a) 
Maximum building coverage for the district and any individual dwelling, whether the lot has been platted or not, shall be 35%.
(b) 
Maximum impervious surface coverage for the district and any residential individual lot, whether the lot has been platted or not, shall be 50%.
(c) 
Maximum impervious surface coverage for any nonresidential individual lot, whether the lot has been platted or not, shall be 50%.
(d) 
In order to promote design flexibility and traditionally configured lots, building coverage and impervious surface ratios may be averaged over the total proposed lots as long as the averages do not exceed the limits set forth above.
(11) 
Maximum building heights.
(a) 
Thirty feet/2 1/2 stories. Any buildings in excess of two stories are required to provide interior window-mounted drop-down chain escape ladders, with at least one installed in each habitable room above the second floor.
(12) 
Accessory garages.
(a) 
Setbacks for accessory garages shall be as follows:
1) 
Six feet aggregate, with one side yard setback permitted to be one foot minimum, providing the fire resistance rating of the side walls conform with the applicable building code based on separation distances.
2) 
Eighteen feet minimum rear yard setback.
3) 
Eighteen feet minimum principal building setback from street or alley edge in the case of development where individual lots are not created, such as condominium development.
H. 
Other requirements.
(1) 
All buildings within the development shall be served by a public water supply and public centralized sewage disposal system.
(2) 
All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground, and electric transformers shall be installed underground or within the walls of a completely enclosed building.
(3) 
If the development is to be carried out in phases, each phase shall be so planned that the intent of this Chapter shall be fully complied with at the completion of any phase. Any phased development shall be fully described and defined on the subdivision or land development plan.
(4) 
All streets and alleys, whether public or private, shall have a right-of-way. The right-of-way width for alleys may be the same width as the paved area.
(5) 
A manual of written and graphic design standards shall be submitted by the applicant with the land development plans.
I. 
Relationship to other ordinance provisions.
(1) 
The regulations in this Subsection 4.2 shall take precedence over other provisions of Chapter 27 to the extent that this Subsection 4.2 specifies additional or varied requirements. Otherwise, all applicable sections of Chapter 27, and the Subdivision and Land Development Ordinance, shall apply.
J. 
In order to promote flexibility of design within a traditional neighborhood development, modifications from specific design criteria contained in this Subsection 4.2 may be appropriate. The Borough Council of Doylestown Borough shall have the authority to grant modifications of such requirements if, in the Borough Council's discretion, it determines that such modifications will result in a better design of a traditional neighborhood development and will not adversely affect the health, safety, and welfare of the Borough.
5. 
Conversion.
A. 
Conversion of an existing single-family detached dwelling (Use 1) to a single-family semidetached dwelling (§ 202), a single-family attached dwelling (Use 3), a two-family duplex dwelling (§ 202), or a multifamily dwelling, low-rise (Use 7); or
B. 
Conversion of an existing two-family duplex dwelling (§ 202), or single-family semidetached dwelling (§ 202) to a multifamily dwelling, low-rise (Use 7);
C. 
Conversions under A and B above shall be subject to the following provisions:
(1) 
The lot area per dwelling unit shall not be reduced thereby to less than the lot area required for single-family attached dwellings except within a zoning district designated Residential 1 or Residential 2 where the minimum lot area shall be 10,000 square feet per dwelling unit.
(2) 
The yard, building area, and other applicable requirements for the district shall not be reduced.
(3) 
No structural alteration shall be made to the exterior of the building except as may be necessary for purposes of safety.
(4) 
For purposes of this subsection, "existing single-family detached dwelling" means that the dwelling existed substantially in its current configuration as of the date of adoption of this Zoning Ordinance, to wit: May 23, 1985.
6. 
Cluster Development.
A. 
Single Family Dwellings. A planned development of single family dwellings on lots with modified dimensional requirements shall be allowable as provided herein and as illustrated on § 406, Table of Use Regulations, provided that:
(1) 
Such developments shall include only the type or types of single family dwellings which are individually allowable as a permitted use in the zoning district in which such cluster development is proposed.
(2) 
An amount of land shall be set aside as permanent usable open space. Such open space shall:
(a) 
Be used for recreation, resource protections, amenity, or buffers; be freely accessible to all residents; be protected by the provisions of this Chapter and the subdivision and land development ordinance to insure that it remains in such uses. Open space shall comprise at least 25% of the total development area and shall not include any land occupied or proposed to be occupied by buildings, roads, parking areas or road right-of-way, required walkways, access ways or service areas; nor shall it include the yard or individual lot areas of single or multifamily dwelling units or parking areas as required by the provisions of this Chapter. Open space shall be left in a natural state except in the case of recreation areas which may contain impervious surfaces.
(b) 
If a portion of any development is unusable either because of periodic flooding or for any other reason, then the portion of such development declared by Borough Council to be unusable shall be excluded from any calculation for permissible density and usable open space.
(c) 
Such open space shall be suitable for use as a park or playground, or other similar public purpose, or because of its topography, vegetation, or other natural character, be left open with no particular use assigned to it. In designating proposed uses for open space, the following classes are submitted as examples and may be used:
1) 
Lawn. A grass area with or without trees which may be used by all residents for a variety of purposes and it shall be mowed regularly to insure a neat and tidy appearance.
2) 
Natural area. An area of natural vegetation undisturbed during construction which may contain trees and/or meadows. Meadows shall be maintained as such and not left to become weed infested or to become overgrown with undesirable plants such as poison ivy. Litter, dead trees and brush shall be removed.
3) 
Recreation area. An area designated for a specific recreation use including, but not limited to, tennis, swimming, shuffle board play fields, baseball fields, football fields, and tot lots. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
(d) 
The open space shall be laid out in accordance with the best principles of site design. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation areas. Major recreation areas shall be located to serve all residents. As nearly as practicable, open spaces shall be provided in a single area equivalent to 25% of the total development area, it being the intent of the open space provisions of this Chapter to avoid, where possible, attempts to satisfy the open space requirements by the inclusion of numerous small areas which have no individual utility as such. In addition, a minimum of 50% of the total area required to be set aside as open space shall be designated for use as a single major recreation area and be of such shape and configuration as is customary for the recreational use intended to be provided therein. The remainder of the area to be set aside as open space shall be used as above so as to accommodate the spirit of the open space requirements set forth herein.
(e) 
The following forms of ownership, at the discretion of Borough Council, shall be used to preserve, or maintain open space:
1) 
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformity with the Unit Property Act of 1963 and the Uniform Condominium Act of 1980. All open space land shall be held as a "common element". Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this Section and then only where there is no change in the open space ratio.
2) 
Homeowners Association. The open space may be held in common ownership by a homeowners association and this method shall be subject to all provisions of the Homeowners Association requirements which are set forth in the Pennsylvania Municipalities Planning Code.
3) 
Fee simple dedication. The Borough may require but shall not be required to accept any portion or portions of the open space. In the event Borough Council chooses to require an offer of dedication of any such open space, such dedication shall be without cost to the Borough.
(f) 
Not more than 30% of the total of the development area may be occupied by the buildings and not more than 75% of the total development area may be occupied by the buildings, individual lot areas, parking, streets, required walkways, access ways, and service areas. The balance of the total development area, not less than 25% of the total development area shall be maintained in permanent open space as herein required.
(g) 
All land held for open space shall be so designated on the plans and shall not be separately sold, further developed or subdivided.
(3) 
All procedural requirements of the Borough's subdivision and land development regulations shall be complied with, adhered to and upheld.
(4) 
Alteration of Site Requirements.
(a) 
To encourage and promote flexibility and ingenuity in the layout and design of a Cluster Development, Borough Council is authorized to alter dimensional requirements for building spacing, front yards and lot width specified in the Table of Dimensional Requirements. Such alterations shall be in keeping with modern and evolving principles of site planning and development. All such alterations shall be made upon proof by the builder that the standards listed herein will be met in his design.
(b) 
The burden of proof shall be upon the applicant. The applicant shall submit drawings, plans, and models required by Borough Council. The applicant may be required to deposit a bond with the Borough to insure performance.
(c) 
Standards:
1) 
Building Spacing. The requirement for building spacing or side yards as they are often defined is based on several related factors.
2) 
Privacy. The minimum building spacing requirement is intended to provide privacy within the dwelling unit. Where windows are placed in only one of two facing walls or there are no windows, or where the applicant provides adequate screening for windows, or where the windows are at such a height or location to provide adequate privacy, the building spacing may be reduced.
3) 
Light and Air. The building spacing provides one method of insuring that each room has adequate light and air. Building spacing may be reduced where there are no windows or very small window areas, and where rooms have adequate provisions for light and air from another direction.
4) 
Use. Areas between buildings are often used as service yards, for storage of trash, clotheslines, or other utilitarian purposes. Where this use is similar for both houses, a reduction of building space permitting effective design of a utility space shall be permitted. Kitchens and garages are suitable uses for rooms abutting such utility yards.
5) 
Building Configuration. Where building configuration is irregular so that the needs expressed above are met by the building configuration, reduced building spacing is permissible, as determined by average spacing or by measuring spacing where rooms open toward adjacent buildings.
6) 
Front Yard. The minimum front yard is intended to provide privacy and usable yard area for residents. In practice, however, front yards are rarely used, so that only the privacy factor is important. Where the developer provides privacy by reducing traffic flow through street layout such as cul-de-sacs, or by screening or planting, or by facing the structure toward open space or a pedestrian way, or through the room layout of front elevation, the front yard requirement may be reduced.
7) 
Lot Width. A minimum lot width is intended to prevent the construction of long, narrow buildings with inadequate privacy, light and air. There are situations as in cul-de-sacs, steep slopes or offset lots, where because of lot configuration or topography, narrow or irregular lots provide the best possible design. Where the design is such that light, air and privacy can be provided, especially for living spaces and bedrooms, a narrower lot width may be permitted.
Where designs are such that the above standards are not met, the minimum requirements in the Table of Dimensional Requirements may be increased and the maximum requirements may be reduced.
(5) 
No structures or use shall be located closer than 25 feet from the perimeter of the development.
(6) 
A buffer strip of at least five feet shall be provided along all parking areas and service areas and retained in natural woods or landscaped with live plants so that plant materials used shall be at least six feet in height when planted and be of such species as will provide, within two years, a complete year round visual screen of at least eight feet in height.
(7) 
Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other security shall be required to cover costs of installation as required.
B. 
Single Family Semi-Detached Dwellings. Cluster Development of single family semidetached dwellings. General requirements and standards applicable to cluster developments of single family semidetached dwellings in R-2-A Districts.
Cluster developments of single family semidetached dwellings shall be allowable as provided herein and as illustrated on § 406, Table of Use Regulations provided that:
(1) 
A minimum site area of 25 acres is required for a cluster development of single family semidetached dwellings in any R-2-A Districts.
(2) 
Such development is subject to the Subdivision and Land Development Regulations of Doylestown Borough in effect on the date of submission of plans. Any site to be developed for this use within an R-2-A District must be given preliminary plan approval under the Subdivision and Land Development Regulations as an entirety. Subsequent final plan approval may be granted by Borough Council in stages; provided, however, that the various stages must be in conformity with the previously approved preliminary plan.
(3) 
An amount of land equal to at least 25% of the gross site area as calculated under § 202, Gross Density, shall be set aside as permanent open space. Such open space shall:
(a) 
Be usable for recreation, resource protection, amenity or buffer; be freely accessible to all residents; be protected by the provisions of this Chapter and the Subdivision and Land Development Regulations to insure that it remains in such uses. Open space shall not include any land occupied or proposed to be occupied by buildings, roads, or road rights-of-way, required walkways, access ways or service areas except to the extent that such are an integral part of the open space use; nor shall it include the yard or individual lot areas of single family semidetached dwelling units, or parking areas as required by the provisions of this Chapter. Open space shall be left in a natural state except in the case of recreation areas which may contain impervious surfaces.
(b) 
All open space shall be suitable for use as a park or playground or other similar public purpose, or because of its topography, vegetation, or other natural character, be left open with no particular use assigned to it. In designating proposed uses for open space, the following classes are submitted as examples and may be used:
1) 
Lawn. A grass area with or without trees which may be used by all residents for a variety of purposes and it shall be mowed regularly to insure a neat and tidy appearance.
2) 
Natural Area. An area of natural vegetation undisturbed during construction which may contain trees and/or meadows. Meadows shall be maintained as such and not left to become weed infested or to become overgrown with undesirable plants. Litter, dead trees and brush shall be removed.
3) 
Recreation Area. An area designated for a specific recreation use including, but not limited to, tennis, shuffleboard, playfields, swimming, baseball fields, football fields, and tot lots. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use.
(c) 
Open space shall include a buffering area, which shall be at least 20% of the gross site area in one contiguous parcel, between any cluster development of single family semidetached dwellings and abutting residential districts of a different classification. The buffering areas shall be designed and developed with integration of any of the uses along with, or individually in, passive recreation areas. The buffering areas shall be designed primarily to separate differing residential districts by means of a more extensive planting of trees, bushes, etc., to create a more heavily wooded or landscaped buffering area. All plantings shall be governed by the provisions of the Borough's Subdivision and Land Development Regulations in effect. In addition to the specific requirements of the Borough's Subdivision and Land Development Regulations, a landscape plan shall be submitted along with preliminary development plans showing, in detail, the extent and type of landscaping and planting which shall be done in the buffering areas. The approval of the final development plans shall be conditioned upon the inclusion of any escrow agreement or bonding requirement otherwise imposed by the Borough in an amount sufficient to insure completion of the landscaping and planting in the buffering areas. If final plans are submitted for approval in stages, the provision of such surety in the form of cash or appropriate bond shall relate to the stage then subject to approval.
(d) 
The open space utilized as buffering areas between any R-2-A District developed for single family semidetached dwellings shall be of a minimum width of 60 feet except where a public road or right-of-way separates such development from adjoining residential districts. This open space shall be laid out in accordance with the best principles of site design and it is specifically intended that this open space shall be an amenity to both the residents of the single family semidetached dwelling development and the residents in the adjoining residential districts of a different classification. The sixty-foot minimum requirement for this buffering area may be modified to a limited extent where, due to the irregular configuration of the site in question, or adjoining parcels, strict adherence to the sixty-foot minimum would frustrate sound site design of the R-2-A District and such deviation does not impair or detract from the spirit and intent of the buffering area provided.
(e) 
If a portion of any development is unusable either because of periodic flooding or for any other reason, then that portion of such development shall be excluded from any calculation for permissible open space except for areas required for retention of surface water runoff where such retention areas are to be designed, developed and utilized as part of the open space buffering area, planted and maintained in lawn and/or trees.
(4) 
Areas required for retention of surface water runoff shall be gradually sloped to direct the flow of surface water runoff away from residential properties abutting the single-family semidetached cluster development. Retention areas shall be designed to prevent the accumulation of water to heights greater than three feet at all times at the deepest part of the retention area, which shall be located as far as practicable from other residential properties abutting the development. In no case shall any part of any retention area be closer than 10 feet from any such abutting residential property.
(5) 
The following forms of ownership, at the discretion of Borough Council, shall be used to preserve and/or maintain open space:
(a) 
Condominium. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformity with the Unit Property Act of 1963 and the Uniform Condominium Act of 1980. All open space land shall be held as a "common element." Such land shall not be eligible for sale to another party except for transfer to another method of ownership permitted under this Section and then only where there is no change in the open space ratio.
(b) 
Homeowners' association. The open space may be held in common ownership by a homeowners' association and this method shall be subject to all provisions of the homeowners' association requirements which are set forth in the Pennsylvania Municipalities Planning Code.[3] A homeowners' association shall be satisfactory in organizational form and substance to Borough Council and provide a method for the maintenance of all open space areas, in perpetuity, without cost or expense to the Borough. The homeowners' association must be established and approved by Borough Council before any homes or dwellings are sold or otherwise conveyed, and membership in such homeowners' association must be mandatory for each buyer or owner and any successive buyer or owner of all homes or dwelling units within such development.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(c) 
Fee-simple dedication. The Borough may require but shall not be required to accept any portion or portions of the open space. In the event Borough Council chooses to require an offer of dedication of any such open space, such dedication shall be without cost to the Borough.
(6) 
All land held for open space shall be so designated on the plans and shall not be separately sold, further developed or subdivided.
6.1. 
Mobile Home Park.
A. 
Mobile home parks shall be buffered in accordance with the buffering requirements of Part 6 of this Chapter.
B. 
All mobile home parks shall be served by public sewer systems and public water systems.
C. 
No mobile home shall be erected on a mobile home lot except on a mobile home pad. Each mobile home shall have its own pad, which shall be at least equal in length and width to the dimensions of the mobile home to be placed thereon.
D. 
Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six inches, and which shall have installed in it a minimum of six tie-down rings to which the mobile home shall be secured. Pads shall be on footings at least one foot below the frost line.
E. 
All mobile homes within a mobile home park shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials or skirting. Skirting shall be:
(1) 
Compatible in design with the mobile home to which it is attached.
(2) 
Sufficiently tight to prevent access by small animals but also to allow ventilation to inhibit interior decay and deterioration.
(3) 
Totally opaque so that no part of the space between the floor of the mobile home and the mobile home stand is externally visible.
(4) 
Constructed of materials designed and commonly used for weather surfaces and at least of such rigidity and strength as the exterior surface of the mobile home itself.
F. 
There shall be a minimum distance of 25 feet between an individual mobile home, including accessory structures associated therewith, and other mobile homes, the adjoining pavement of a park street or a common parking area or other common areas or structures.
G. 
All mobile home lots shall front upon a fully improved and opened street, and the required front yard setback shall be measured from the ultimate right-of-way line of such street.
H. 
No parking, loading or service areas shall be located less than 50 feet from a street ultimate right-of-way line or other property line.
I. 
All utilities shall be placed underground within the mobile home park.
J. 
The minimum number of mobile home spaces completed and ready for occupancy before the first occupancy is permitted shall be nine.
K. 
Not more than 10% of the total number of mobile home spaces shall be rented for residential use of a mobile home for periods of less than 180 days.
L. 
All interior parking, service, access ways and streets shall be constructed in accordance with the provisions of Article V of the Doylestown Borough Subdivision and Land Development Regulations (Ordinance No. 1974-1), as amended.
M. 
Areas for nonresidential purposes.
(1) 
No part of any mobile home park shall be used for nonresidential purposes except such uses that are required for direct servicing, management or maintenance of the mobile home park and its residents.
(2) 
Nothing contained in this subsection shall be deemed to prohibit the sale of a mobile home located on a mobile home lot and connected to utilities.
N. 
Parking: two off-street parking spaces shall be provided for each mobile home.
7. 
Multifamily dwelling, low rise: having three or more dwelling units and not having more than three stories, subject to the following provisions:
A. 
Average Apt. Size square feet
Minimum Lot Area per Dwelling Unit square feet
Off-Street Parking Spaces
Efficiency
500
1,300
1.50
1 bedroom
655
1,750
1.75
2 bedroom
950
2,000
1.75
3 bedroom
1,125
2,250
2.00
4 bedroom
1,330
2,550
2.25
B. 
General:
Maximum floor area ratio (on lot)
45%
Minimum lot size
3 acres
Minimum building setback line
— street
50 feet
— parking
30 feet
Maximum number of units per building
16 d.u.'s
Building spacing
50 feet
Minimum street frontage
200 feet
Maximum building height
35 feet
Minimum rear yard
35 feet
Minimum lot width at building setback line
200 feet
Open space: minimum open space
20%
Impervious cover: maximum impervious cover
40%
C. 
Design standards:
(1) 
Buffer yards: minimum width 20 feet.
minimum planting:
1 deciduous tree per 50 feet
1 flowering tree per 50 feet
1 coniferous tree per 20 feet
1 shrub per 10 feet
The requirements above are not spacing requirements for planting, only a formula for determining quantity. Total quantity of plant material required is determined by dividing the outer perimeter of the buffer yard by the plant material requirements listed above. A naturalistic planting design with plans arranged in groups or clusters rather than symmetrically shall be encouraged. All plant materials shall be planted within the buffer yard.
(2) 
Parking lots. All parking spaces shall be off-street and developed within the confines of the building lot in accordance with the standards set forth herein. In addition, parking spaces shall comply with the following requirements: (1978-6)
Parking spaces shall be grouped in lots. These lots shall take access from the vehicular circulation system on the building lot. The vehicular circulation system shall not pass through parking lots.
Provisions for pedestrian circulation paths from the parking lot(s) to the building shall be provided. These paths shall be constructed of an all-weather surface.
No parking space shall be more than 250 feet from an entrance to the low rise building(s) it serves.
Parking lots shall be landscaped according to the following:
Divide the maximum number of parking spaces required by this Chapter by the requirements below to determine the total requirement for plant material. All plant material shall be located on the parking lot(s).
One deciduous or coniferous tree and five shrubs per 10 parking spaces to be planted in the parking lot area.
(3) 
Storage of trash. All trash shall be stored either within the building or, if stored outside, be visually screened with plant material and/or fencing. The trash storage container(s) shall be easily accessible to service vehicle(s).
(4) 
Landscaping adjacent to Building(s). Divide the outside perimeter of the building(s) by the planting requirements below to determine the total requirement for plant material in the area between the building and the parking or vehicular circulation areas.
3 deciduous trees per 120 feet
1 flowering tree per 120 feet
1 coniferous tree per 60 feet
1 shrub per 20 feet
(5) 
Existing areas, groves or stands of mature or largely mature trees (i.e. greater than 12 inches in caliper), consisting of five or more individuals at the discretion of the Borough may be used in fulfilling landscaping or buffer planting requirement.
(6) 
Fire lane. For any multifamily dwelling, the Borough may require that an area on the site be set aside for a fire lane."
8. 
Multifamily Dwelling, High-Rise. Having more than three stories but not more than six stories: A building containing nine or more dwelling units, not having party walls forming a complete separation between individual dwellings but having a single common entrance and hallway system and provided with an elevator. Such multiple dwelling shall be subject to the following provisions:
A. 
High-Rise Apartments:
(1) 
High-rise apartments are multifamily buildings where individual dwelling units share a common outside access, and elevators serve each floor. Such buildings are not less than four nor more than six stories high. Each unit shares with other units a common yard area, which is the sum of the required lot areas of all dwelling units within the buildings.
B. 
Average Apt. Size square feet
Minimum Lot area per d.u. square feet
Off-Street Parking Spaces
Efficiency
500
700
1.50
1 BR
655
825
1.75
2 BR
900
1,030
1.75
3 BR
1,030
1,210
2.00
4 BR
1,330
1,510
2.25
General:
Maximum Floor Area Ratio (on lot)
90%
Minimum Lot Area
5 acres
Maximum Number of Stories
6
Maximum Horizontal Dimension
180 feet
Minimum Road Frontage
200 feet
Minimum Building Setback Line — street
200 feet
Minimum Building Spacing
150 feet
Side Yard
60 feet
Rear Yard
60 feet
C. 
Open Space — minimum open space: 25%.
D. 
Impervious Cover — maximum impervious cover: 42%.
E. 
Design Standards.
(1) 
Buffer Yards — minimum width: 35 feet.
Minimum planting — 1 deciduous tree per 40 feet
1 flowering tree per 50 feet
1 coniferous tree per 30 feet
The requirements above are not spacing requirements for planting, only a formula for determining quantity. Total quantity of plant material required is determined by dividing the outer perimeter of the buffer yard by the plant material requirements listed above. A naturalistic planting design with plants arranged in groups or clusters rather than symmetrically shall be encouraged. All plant materials shall be planted within the buffer yard.
(2) 
Parking lots. See § 406(7)(C)(2).
(3) 
Storage of trash. See § 406(7)(C)(3).
(4) 
Landscaping adjacent to buildings. See § 406(7)(C)(4).
(5) 
Minimum building setback line at parking: 20 feet.
(6) 
Access. Two access points to a high-rise multiple-family dwelling shall be provided from an arterial highway or a collector street as designated on the Highway Classification Map herein.
(7) 
Fire Lane. See § 406(7)(C)(6).
9. 
Professional Life-Care Center. A professional life-care center is a form of residential use designed and operated exclusively for housing of mature adults, without children, sharing certain support facilities specifically designed for such adult individuals. Such support facilities may include nursing care facilities, common dining facilities, on-site service shops limited to pharmacy (not to exceed 500 square feet), meeting rooms and recreational facilities designed specifically for such adult individuals and not for general public use. Such support facilities are to be managed by a professional management organization specializing in the provision of such needs which are peculiarly designed for and desired by such adult individuals. 'Mature adults' shall be defined herein as individuals 55 years of age or older.
Development Regulations. The design and development criteria as set forth in this Chapter, as amended heretofore, with regard to § 406(8) for multifamily dwelling, high-rise, shall apply except as specifically modified or supplemented hereinbelow. Where said design and development regulations are modified hereinbelow, said modifications shall supersede and control the development of a professional life-care center.
A. 
Lot Area Per Dwelling Unit. Same as for use § 406(8).
B. 
Minimum Floor Area of Dwelling Units. Same as for Use § 406(8).
C. 
Gross Floor Area. Same as for Use § 406(8).
D. 
Density. Same as for Use § 406(8). Three nursing beds shall be considered the equivalent of one dwelling unit in determining the permitted number of dwelling units. The combined density of nursing beds and dwelling units shall not exceed the equivalent of 18 dwelling units per gross acre.
E. 
Open Space. Same as for Use § 406(8).
F. 
Recreation Area. Same as for Use § 406(6) as specified in § 582(C) of this Chapter. Outdoor sitting areas shall be provided which shall be landscaped and suitably furnished for use as such.
G. 
Access. Same as for Use § 406(8).
H. 
Off-Street Parking Design Requirements. Same as for Use § 406(5)(C)(2).
I. 
Off-Street Parking Design Requirements — Ratio of Parking Spaces to Dwelling Units. There shall be a minimum of 1.25 parking spaces provided for each dwelling unit; provided, however, that as a part of the conditional use approval Borough Council may require additional parking to be provided in the event nursing home facilities other than dwelling units are contemplated, not to exceed 1.5 parking spaces per nursing bed. Parking, including provisions for future parking, if required, shall not be permitted in recreation areas or in areas designated as flood plain areas as defined in § 612 of this Chapter or in areas designated as retention/detention basins.
J. 
Building Spacing. All buildings shall be connected by common passage ways allowing for access from one building to the other without the need to go out of doors. However, the buildings proper shall maintain the minimum spacing as required for Use § 406(8) hereinabove.
K. 
All common dining facilities, service shops and support facilities shall be located on the first floor of each building.
L. 
There shall be no dwelling units containing more than two bedrooms and in no event shall more than 10% of the dwelling units contain two bedrooms.
M. 
The ratio of nursing beds within that portion of the professional life-care facilities set aside for nursing home facilities shall not exceed one bed for every three (1) dwelling units.
N. 
All common dining facilities, service shops and support facilities shall be designed for and restricted to provision for the needs of the occupants of the dwelling units and their guests, and shall not provide for nor offer goods and services to the public in general as commercial operations. No signs or promotional advertising for such service facilities shall be visible from the exterior of any building.
O. 
Fire Protection. All common areas as well as the dwelling units, nursing home facilities and dining facilities within professional life-care centers shall be provided with sprinkler systems for fire protection and shall contain and be served by wet-charged stand pipes to the top floor.
P. 
Consideration of Conditional Use For Professional Life-Care Center. Borough Council, in addition to the other considerations as set forth in this Chapter with regard to the grant of a conditional use, shall specifically consider the appropriateness of the site characteristics and location of the site with regard to the following before the grant of a conditional use for any proposed professional life-care center:
(1) 
Public water and sewer facilities.
(2) 
Impact on adjacent existing uses.
(3) 
Adequacy of transportation plant to be submitted by the applicant outlining transportation service available or to be provided by the owner or manager of the life-care center providing access to primary services at reasonable intervals. Borough Council may require that private transportation facilities, e.g., bus or courtesy cars, be provided and maintained for the benefit of the residents of the center.
9.1. 
Group Home.
A. 
Off-Street Parking Requirements. There shall be a minimum of 1.50 parking spaces provided for each room used as a bedroom plus one parking space for each full-time employee or support staff person engaged at the group home facility.
B. 
Landscaping and planting, including evergreens, shall be provided and maintained.
10. 
Rooming House. A building or part of a building occupied or intended to be occupied by two or more roomers, boarders or lodgers, providing the minimum lot area per sleeping room shall be 2,000 square feet notwithstanding other provisions of this Chapter.
11. 
Dwelling Unit in Combination with an existing or permitted office or commercial use, providing the lot and parking requirements are met for both uses.
Institutional, Recreational and Educational Uses.
12. 
Religious Use. Including churches, synagogues, religious foundations or societies plus associated convents, parish houses and other housing for religious personnel, subject to the following provisions:
A. 
Minimum lot size shall not be less than one acre.
B. 
Maximum height restrictions shall not apply to church or synagogue buildings.
C. 
There shall be direct access to an arterial or collector highway or primary access street as designated on the Highway Classification Map herein.
13. 
School. Including religious and nonsectarian, denominational, private or public school, not conducted as a private gainful business, subject to the following provisions:
A. 
Minimum lot size shall be not less than two acres.
B. 
There shall be direct access to an arterial or collector highway or primary access street as designated in the Highway Classification Map herein.
14. 
Cultural facility. Including art galleries, libraries or museums, open to the public or connected with a permitted educational use and not conducted as a private gainful business.
15. 
Auditorium, community center, adult education center or other similar facility operated by an educational, philanthropic or religious institution, subject to the following provisions:
A. 
The use shall not be conducted as a private gainful business.
B. 
No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.
16. 
Day nursery, nursery school, kindergarten or other agency giving day care to children, provided that outdoor play areas shall be sufficiently screened and sound-insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
17. 
Recreational facility owned or operated by the Borough or other governmental agency.
18. 
Recreational facility owned or operated by a nongovernmental agency, subject to the following additional provisions:
A. 
The use shall not be conducted as a private gainful business.
B. 
No outdoor active recreation area shall be located nearer to any lot line than the required front yard.
C. 
Outdoor play areas shall be sufficiently screened to protect the neighborhood from inappropriate noise and other disturbance.
19. 
Private club or lodge, subject to the following additional provisions:
A. 
The use shall not be conducted as a private gainful business.
B. 
The use shall be for members and guests only.
20. 
Nursing home. A nursing home, also commonly known as a convalescent home, is a licensed establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No surgical nor obstetrical services shall be provided in such a home; a hospital or sanitarium shall not be construed to be included in this definition. Provided:
A. 
A lot area of not less than two acres is provided.
B. 
No more than 100 patients shall be accommodated at any one time.
C. 
Landscaping and planting, including evergreens, shall be provided and maintained.
21. 
Hospital. A hospital, for the purpose of this Chapter, is a licensed establishment which provides health services primarily for inpatient medical or surgical care of the risk or injured, including such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices as an integral part of the establishment. Provided:
A. 
A lot area of not less than two acres shall be required.
B. 
Landscaping and planting, including evergreens, shall be provided and maintained.
22. 
Medical center. A group of facilities providing health services such as medical research facilities, including laboratories, outpatient departments, training facilities, medical offices and central service facilities operated as an integral part of the facility and commercial uses supplementary to it, provided that:
A. 
Lot and parking requirements 21 and 26 are met for hospital, medical office and laboratory (Uses 21 and 26) to the extent to which each type is represented at the medical center.
B. 
Landscaping and planting are provided and maintained.
Business and Office Uses
23. 
Professional service limited to offices of physicians, lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians and medical and related offices which do not involve the actual storage, exchange or delivery of merchandise on the premises, provided that, in the R-3 District:
A. 
The use shall have frontage on and access to a collector or arterial highway, as designated in the Highway Classification Map herein.
B. 
Such use shall be carried on wholly indoors and within the principal building.
C. 
There shall be no use of show windows nor display nor advertising visible outside the premises to attract customers or clients other than one nonilluminated sign not exceeding four square feet in area.
24. 
Business service limited to banks and offices for real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, provided the additional provisions in Use 23 are met.
25. 
Business service limited to governmental offices.
25.1. 
Integrated judicial center shall be allowed as provided for herein and in the Table of Use Regulations, subject to the following provisions:
A. 
Table of Dimensional Standards.
(1) 
Minimum lot area: 60,000 square feet.
(2) 
Minimum front yard: 10 feet.
(3) 
Minimum side yard: five feet.
(4) 
Minimum rear yard: five feet.
(5) 
Minimum upper story step-back: 15 feet (above 3rd story).
(6) 
Minimum upper story step-back: 15 feet (above 5th story).
(7) 
Maximum floor area ratio: 450%.
(8) 
Maximum building coverage: 95%.
(9) 
Maximum building height: seven stories/112 feet.
(10) 
Minimum lot width at setback: 200 feet.
B. 
Additional height, bulk, and area standards.
(1) 
Upper story step-back. Four-story or higher buildings must step back upper stories by at least 15 feet measured from the face of the wall of the 3rd story (25 feet minimum measured from street or lot line). Six-story or higher buildings shall step back an additional 15 feet measured from the wall of the 5th story (40 feet minimum measured from street or lot lines). Required upper story step-backs may be reduced to a minimum of five feet measured from the face of the wall of the story below if they occur on a facade facing a side or rear yard only. Step-backs for integrated parking structures shall not be reduced. Step-backs on one or more of the first three floors that satisfy the intent of this Section are permitted.
(2) 
Horizontal building modulation. Building facades shall conform to the following standards:
(a) 
The maximum width (as measured horizontally along the building exterior) without building modulation shall be 60 feet. If the principal use of the building is for the parking of motor vehicles, there shall be a permitted tolerance of 5%.
(b) 
The minimum depth of modulation shall be the greater of six feet or not less than 0.2 multiplied by the height of the structure (finish grade to top of wall). The minimum width of modulation shall be 15 feet. When the principal use of the building is for the parking of motor vehicles, the depth of such modulation shall be a minimum of 3.5 feet. No modulations shall be required on a wall of a parking facility which does not front on a public street.
(c) 
Roof decks or balconies may be used as all or part of the building modulation.
(d) 
The requirements of the horizontal building modulation subsection shall be considered satisfied if existing building facades of contributing historic structures are preserved and incorporated into the proposed building. Building setbacks for stories 1 through 3 may be reduced to align with adjacent existing building facades and as otherwise permitted by § 513 of this Chapter.
(3) 
Modulated roofline. Roofs are a design element and should relate to the building facade articulations. The roofline of all facades visible from a street or public park or open space shall be modulated according to the following standards:
(a) 
For flat roofs or facades with a horizontal eave, fascia, or parapet: change roofline so that no unmodulated segment of roof exceeds 60 feet. Minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of wall).
(b) 
For gable, hipped, or shed roofs: a minimum slope of three feet vertical to 12 feet horizontal.
(c) 
Other roof forms such as arched, vaulted, dormer, or saw-toothed may satisfy this design principle if the individual segments of the roof with no change in slope or discontinuity are less than 60 feet in width (measured horizontally).
(4) 
Building articulation shall be accomplished with design elements such as the following, so long as the articulation interval does not exceed 60 feet.
(a) 
Repeating distinctive window patterns at intervals less than the articulation interval.
(b) 
Providing a balcony or bay window for each articulation interval.
(c) 
Changing the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.
(d) 
Changing materials with a change in building plane.
(e) 
Providing lighting fixtures, trellis, tree, or other landscape feature within each interval.
(5) 
Vertical articulation. To moderate the vertical scale of buildings, the design shall include techniques to clearly define the building's top, middle and bottom. The following techniques are suggested methods of achieving vertical articulation:
(a) 
Top: sloped roofs, strong eave lines, cornice treatments, horizontal trellises, etc.
(b) 
Middle: windows, balconies, material changes, railings and similar treatments that unify the building design.
(c) 
Bottom: pedestrian-oriented fronts, pedestrian scale building details, awnings, and arcades.
(d) 
Where appropriate, the applicant shall coordinate the horizontal elements (i.e., cornices, window lines, arcades, etc.) in a pattern and height to reflect similar elements on neighboring buildings that exhibit the Borough's desired scale and character.
(6) 
Building exteriors shall be constructed from high quality, durable materials. Preferred exterior building materials that reflect the Borough's desired traditional main street character are as follows:
(a) 
Masonry;
(b) 
Cast stone;
(c) 
Tile;
(d) 
Other materials subject to approval by Borough Council.
(e) 
If concrete or concrete blocks (concrete masonry units) are used for walls that are visible from a street, public park or open space or pedestrian route, then the concrete or concrete block construction must be architecturally treated in one or more of following ways:
1) 
Use of textured surfaces such as split face or grooved.
2) 
Use of other masonry types such as brick, glass block, or tile in conjunction with the concrete or concrete blocks.
3) 
Use of decorative coursing to break up blank wall areas.
(7) 
Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to the following:
(a) 
The height to width ratio of single openings and group openings are to be proportionately scaled to the wall.
(b) 
Door and window details and trim suitably scaled to the wall.
(c) 
Reduce large expanses of glass used in windows and doors to smaller component windows reminiscent of traditional main street vernacular when adjacent to existing buildings, sidewalks or other pedestrian use areas.
(d) 
The total square footage of windows along a facade facing a street shall be a minimum of 15% of the square footage of the facade.
(8) 
Accessory Parking Structures. Accessory parking structures of two or fewer stories and that are within 300 feet of an Integrated Judicial Center may have a minimum front yard setback of five feet, and are exempt from modulation requirements of Subsection B(2), (3), (4), and (5) herewith, and as follows.
[Added by Ord. 2017-8, 6/19/2017]
(a) 
The accessory parking structure is located within the Doylestown Borough Historic District and the design receives a certificate of appropriateness prior to final land development approval.
(b) 
Areaways and other subsurface light and air wells may be located within the required yard areas, providing their walls do not project more than 18 inches above grade. Fences and guardrails for these areaways may be up to 48 inches above grade but shall be a visually transparent design.
(c) 
All other dimensional and design requirements of the Integrated Judicial Center are met.
C. 
Parking. Three spaces per 1,000 square feet of net area devoted to courtrooms, public areas and court offices, plus one space for each regular employee. Parking may be provided at and off-site location, provided it is within 300 feet and is owned and operated by a governmental body. This requirement may reduced or modified by the Zoning Hearing Board by special exception if there is sufficient evidence that existing or proposed parking will sufficiently provide for the required use(s).
26. 
Health service limited to medical or dental offices, laboratories and clinics, provided the additional provisions of Use 23 are met.
27. 
Veterinary office, kennel or animal hospital defined herein as any building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, goats, rabbits and birds or fowl by a veterinarian or other person.
28. 
Trade or professional school, music or dancing school.
Commercial Uses
29. 
Retail shop: stores for the retail sales of antiques, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, garden supplies, hardware, household appliances, jewelry, notions, periodicals, stationery, tobacco, paint, wearing apparel and other similar goods, but not including stores requiring extensive outdoor display or which allow food or beverages to be consumed on or immediately about the premises.
29.1. 
Adult commercial facility. Any establishment or facility which as a regular and substantial course of conduct performs or operates as an adult bookstore, adult video store, adult theater, adult motion-picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business or concern which, as a regular and substantial portion of its operation or business, offers its patrons or customers pornographic products, merchandise, services, or entertainment, which are distinguished or characterized by an emphasis on matter depicting or relating to specified anatomical areas or specified sexual activities as described below, but not including those uses or activities, the regulation of which is preempted by State law:
A. 
Specified anatomical areas:
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; and
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
B. 
"Specified sexual activities" means any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) 
Sex acts, actual or simulated, including intercourse, oral copulation, masturbation or sodomy;
(3) 
Excretory functions as part of or in connection with any of the activities set forth in Subsection 29.1B(1) and (2) above; or
(4) 
Human genitals in a state of sexual stimulation or arousal.
C. 
An adult commercial facility use shall be subject to the following conditions and requirements:
(1) 
The use and the building or structure within which the use is conducted shall be located no less than 200 feet from any residential use or district, public or private school, church, recreation facility or any other religious, institutional or educational use.
(2) 
The use and the building or structure within which the use is conducted shall be located no less than 750 feet from any other adult commercial facility use.
(3) 
The use shall not include conduct which is prohibited pursuant to the provisions of 18 Pa.C.S.A. § 5903 (relating to obscene and other sexual materials and performances), 18 Pa.C.S.A. § 3127 (relating to indecent exposure), 18 Pa.C.S.A. § 5901 (relating to open lewdness), 18 Pa.C.S.A. § 6504 (relating to public nuisances), or any other applicable statute, law or regulation.
(4) 
No pornographic material shall be visible from any window, door or exterior of any building on the lot or parcel where the use is conducted nor from any other location upon such lot or parcel.
(5) 
No person under 18 years of age shall be permitted within any building or other area where the adult commercial facility use is conducted.
(6) 
Parking: one off-street parking space shall be provided for each four seats devoted to patron use, or one off-street parking shall be provided for each 50 square feet of gross floor area devoted to the adult commercial facility use, whichever is greater, plus one additional off-street parking space for each employee of such facility.
30. 
Bulk commercial: stores for the sale of lumber, automobiles, agricultural machinery, boats or any other items requiring extensive outdoor display.
31. 
Personal service: including barber shop, beauty parlor, laundry or cleaning agency, self-service laundry and wearing apparel.
32. 
Repair service, including shops for appliances, watches, guns, bicycles, locks, etc.
33. 
Eating place: for the sale and consumption of food and beverages without drive-in service (service as table or sit-down counter facilities only), provided that in the CR-H District such use shall be permitted as a conditional use under and subject to the following conditions:
A. 
The use shall have direct access onto an arterial highway, as designated in the Highway Classification Map herein.
B. 
Where residential uses or districts abut the proposed use, the following additional requirements shall be met:
(1) 
Buffer yards:
(a) 
Front yard.
1) 
Minimum width: 15 feet.
2) 
Minimum landscape details:
3) 
For each 30 feet of frontage on a public right-of-way, one three-and-one-half-inch caliper deciduous tree such as acer saccaharimum (sugar maple) or quercus rubra (red oak) shall be planted.
4) 
Parking areas shall be screened from the street with either:
(i) 
A six-foot-high wooden or masonry fence; or
(ii) 
A six-foot-high conifer hedge such as ilex opalco (Americal Holly), ilex glabra (ink berry holly) or taxus bocata (upright yew).
(b) 
Side and rear yards.
1) 
Minimum width: 15 feet.
2) 
Minimum landscape details:
(i) 
One five-foot-high wooden or masonry fence or wall along each side or rear property line; and/or
(ii) 
An evergreen planting screen shall be used to provide an adequate visual barrier. The plant material used shall be of a minimum height of four feet at the time of planting and shall be planted in a staggered arrangement in order to provide an immediate effect. Deciduous and semideciduous shrubs may be used with evergreens to provide accent and color. It is recommended that a landscape architect licensed by the Commonwealth of Pennsylvania be employed to ensure the proper use and arrangement of plant material, and to provide an aesthetically pleasing effect.
(2) 
Outdoor lighting. The purpose of this Section is to provide for sufficient lighting to illuminate parking and pedestrian areas for security without allowing the same illumination to have detrimental or unaesthetic effects on bordering residential properties.
(a) 
All exterior light sources shall not exceed 10 feet in height.
(b) 
All exterior lighting shall be located and directed so that its glare will not cross lot lines of the proposed use.
(c) 
The level of illumination at the property line shall not be greater than 0.2 footcandle.
(d) 
Land development plans for such use shall include a lighting plan to demonstrate how the above requirements will be met.
33.1. 
Tavern.
33.2. 
Unlicensed liquor establishment.
34. 
Eating place for the sale and consumption of food and beverages with drive-in or takeout service.
35. 
Mortuary or funeral home, provided the additional provisions of Use 23 are met.
36. 
Public entertainment facility. Activities operated as a gainful business, open to the public for the purpose of public entertainment or recreation, including but not limited to bowling alleys, motion-picture theaters, health clubs, etc.; but not including outdoor facilities such as golf courses, driving ranges, amusement parks. Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties must be taken.
37. 
Video Game Room/Pinball Arcade. Any place of business or establishment or any structure containing four or more pinball machines or other mechanical or electrical devices which provide amusement, or entertainment, which may be operated or set in motion upon the insertion of a coin or token, excluding juke boxes, telephone devices or machines that sell merchandise.
38. 
Motel, hotel, tourist home, or building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent.
Automotive Service Uses.
39. 
Parking area or garage defined herein as a lot of record upon which the parking or storing of automotive vehicles is the primary use, provided:
A. 
Such area will be used for parking of cars of employees, customers or guests of existing establishments in the same district where subject parking area is proposed.
B. 
No sale, rental, service nor repair operation shall be performed.
C. 
The parking or storage of trucks or trailers shall not be permitted.
D. 
All parking areas shall meet the design standards for off-street parking included in the Doylestown Borough Subdivision and Land Development Regulations.
E. 
All parking lots must conform to the provisions of § 609.
39.1. 
Valet parking lot, defined herein as a lot of record upon which the parking of automotive vehicles is the primary use, and provided:
[Added by Ord. 2016-7, 11/21/2016]
A. 
Such area shall be operated by a duly licensed valet parking operator in accordance with Chapter 13 of the Borough's Code of Ordinances and operating in connection with an established Borough-authorized valet parking area in accordance with Chapter 15 of the Borough's Code of Ordinances.
B. 
Such area shall be used for parking of cars of employees and customers of a valet parking operator only, and only in connection with a Borough-authorized valet parking area.
C. 
Such lot may be used for other permitted uses during any such times that the valet parking operation is not in operation.
D. 
Such lot must be a lawfully existing parking area.
E. 
Joint Use. A valet parking lot may occupy an existing approved parking area in common with a required parking area for one or more existing or proposed uses if the total spaces required for the existing or proposed use is still provided and not reduced below the minimum spaces required. However, the Zoning Officer may reduce the number of spaces required for an existing or proposed use sharing its common parking area with a valet use for the specific hours of operation of the valet use if it can be demonstrated to the Zoning Officer's satisfaction that the following criteria are met:
(1) 
The existing or proposed use's hours of peak parking demand are compatible with the valet parking use's hours so that there are adequate spaces for demand at peak operation and that the parking spots to be utilized by the valet are not otherwise needed for other existing or proposed uses.
(2) 
The proposed joint-use parking area is an existing or proposed approved parking area.
(3) 
The existing lot not be modified or expanded to accommodate the joint valet use without prior approval and that all existing fencing, buffering, lighting, pavement striping, landscaping, stormwater and paved areas be maintained.
(4) 
At the main entrance to the joint valet use lot, a one-hundred-forty-four-square-inch sign shall be installed visible from the public way indicating the name and license number of the valet parking operator and the approved hours of operation for the subject lot to be jointly used for valet parking.
(5) 
The Zoning Officer shall reapprove or revoke any prior reduction in required parking spaces when any change of use that shares the required parking area in common with an existing valet parking occurs. Any existing use's change of intensity, hours of operation, or other characteristics that may affect the compatibility of continued joint use is grounds for re-review and possible revocation of prior reductions in required parking.
F. 
General Standards. The lot shall be designed and operated to allow for safe movement within the lot and safe ingress and egress of vehicles and pedestrians. If the lot abuts a residential district boundary, there shall be an adequate vegetated buffer or fence to minimize off-site impacts of lights and noise.
40. 
Gasoline Service Stations: where gasoline, oil, grease, batteries, tires, or automobile accessories are sold at retail, but not including self-service car wash or mechanical car wash, major mechanical and body work, painting, spraying or welding, or the storage of vehicles, provided the following conditions are met:
A. 
Each lot shall have an area of not less than 20,000 square feet.
B. 
Each interior lot shall have a width of not less than 100 feet. For a corner lot, the minimum lot frontage shall not be less than 100 feet on each street.
C. 
The front yard along each street upon which a lot abuts shall not be less than 50 feet measured from the right-of-way line of such street, except as to gasoline pumps as provided in Subsection 40H. In the event a proposed or future right-of-way appears on an official plan of the Pennsylvania Department of Transportation or of the Borough of Doylestown for the widening of any streets or roads in the Borough of Doylestown, the required front yard shall be measured from such proposed or future right-of-way.
D. 
Each interior lot shall have two side yards of not less than 25 feet each. Each corner lot shall have a front yard measured from the right-of-way line of each street on which the lot faces which shall equal 50 feet and at least one side yard which shall be not less than 25 feet.
E. 
Each lot shall have a rear yard of not less than 25 feet.
F. 
No buildings or structures shall be less than 100 feet from any residential district.
G. 
No buildings or structures shall exceed 30 feet in height.
H. 
Gasoline pumps shall be set no less than 20 feet from the street right-of-way line or proposed right-of-way line, and not less than 100 feet from any residential property line.
I. 
No gasoline service station shall be permitted within 1,000 feet of a church, public or parochial school, public library, or public recreation area.
J. 
Buffer yards and screening shall be provided and maintained in accordance with § 609 hereof.
K. 
All open space except driveways, parking stalls, and service areas shall be landscaped. The term landscaping shall include:
(1) 
The treatment and maintenance of open space with shrubbery, trees, lawn or flowers to present an attractive, well-kept appearance.
(2) 
The retention of natural wooded areas.
Landscaping may also include ornamental flagstone and brick work.
L. 
All activities not performed at the gasoline pumps shall be performed in completely enclosed buildings.
(1) 
Access shall be by not more than two driveways for each 100 feet of frontage upon any street.
(2) 
No two of said driveways shall be closer to each other than 40 feet and no driveway shall be closer to a side property line than 10 feet.
(3) 
Each driveway shall be not more than 20 feet in width, measured at right angles to the center line of the driveway, not including permissible curb return radii. The entire flare of any return radius shall fall within the right-of-way.
(4) 
No driveway shall be closer than 10 feet to the point of intersection of two property lines at any corner as measured along the property line, and no driveway shall cross such extended property line.
(5) 
On all corner properties there shall be a minimum distance of 50 feet, measured from the lot line, between any entrance or exit drive and the right-of-way line or proposed right-of-way line of the street which parallels said access drive, and a minimum distance of 10 feet from any adjoining property line.
(6) 
In all cases there shall be a safety island between the sidewalk, curb and gutter and all areas which are held open to vehicles, except for the permitted access driveways. On the ends and street side of each island shall be constructed a concrete curb, the height, location and structural specifications of which shall be in accordance with those approved by Borough Council.
(7) 
Vehicles awaiting repair for a reasonable period of time, not to exceed 24 hours, shall not be construed to be "storage of vehicles" in violation of this Section.
(8) 
The holding for rental of automobiles, trucks and/or trailers, shall not be construed to be "storage of vehicles" in violation of this Chapter provided that:
(a) 
Such automobiles, trucks, and/or trailers, are owned by a recognized rental agency.
(b) 
No automobiles, trucks or trailers held for rental shall be displayed beyond the front line of the principal building on the lot and in the case of a corner lot, beyond the side line of the principal building facing the street.
(c) 
Such automobiles, trucks, and/or trailers shall be confined to the premises on which the principal use is located.
(9) 
Outside storage of dismantled vehicles or inoperable vehicles not awaiting repair, as above, used or new automobile parts, with the exception of reasonably and orderly displayed articles offered for sale in the ordinary course of business, or similar articles, shall be prohibited.
(10) 
Outside parking or storage of vehicles except as above shall be prohibited.
(11) 
Inside storage of all trash and/or refuse shall be provided. "Inside storage" shall be construed to prohibit the storage and/or collection of any trash and/or refuse other than by means of a fully enclosed and roofed structure.
41. 
Self-Service Gasoline Pumps, being any gasoline pumping device which is designed for operation by, or which is in fact operated by, a gasoline customer rather than by an authorized gasoline pump attendant, in conjunction with gasoline service stations or as a separate and distinct use, provided the following conditions are met:
A. 
All conditions set forth in § 406(40) shall be met.
B. 
At least one qualified attendant shall be on duty at all times when the self-service pumps are open for business. One attendant shall be within arms length of emergency controls, including main power shutoff switches, at all times when flammable or combustible liquids are being dispensed.
C. 
When self-service pumps are used in conjunction with gasoline service stations a minimum of two qualified attendants shall be on duty at all times when the station is open for business. One attendant shall be within arms length of emergency controls, including main power shutoff switches, at all times when flammable or combustible liquids are being dispensed by a self-service pump.
D. 
Instructions for the operation of the dispensers (self-service pumps) shall be conspicuously posted on the dispenser or the dispenser island. The following warning shall also be conspicuously posted on each dispenser island:
(1) 
WARNING. It is unlawful to dispense gasoline into any portable container unless the container is constructed of metal or is approved by the Fire Marshal";
(2) 
NO SMOKING;
(3) 
STOP MOTOR.
E. 
All applicable provisions of the Pennsylvania State Police Fire Marshal's Code (Pa. State Police Regulations for the Storage Handling, and Use of Flammable and Combustible Liquids, 1971, pursuant to Section I of the Act of April 27, 1927, P.L. 450, as amended, 35 P.S. § 1181, shall be complied with.
F. 
Applicable provisions of the BOCA Basic Fire Prevention Code, Article 17, Service Stations and Garages, shall be complied with.
G. 
All other applicable Federal, State and Local Laws and regulations shall be complied with.
H. 
Fire extinguishers of a size, type and location approved by the Fire Official shall be provided in all facilities.
42. 
Repair garage, including paint spraying and body-and-fender work or car-washing facility, provided that all repair and paint work is performed within an enclosed building.
43. 
Sale of automotive accessories, parts, tires, batteries, and other supplies, providing installation of parts shall be in an enclosed structure.
Transportation Facilities.
44. 
Bus or taxicab terminal.
45. 
School bus yard.
46. 
Truck terminal.
47. 
Railroad station, railway service.
48. 
Helistop. Any landing area used for the landing and taking off of helicopters for the purpose of picking up or discharging passengers or cargo, subject to the following additional provisions:
A. 
A minimum landing area of 10,000 square feet with each dimension being at least 100 feet; if a rooftop landing area, the minimum landing area shall be 40 by 40 feet.
B. 
Excepting rooftop landing areas, the entire landing area is to be surrounded by a fence at least six feet in height.
C. 
No fueling, refueling, service nor storage facilities shall be included.
D. 
The proposed helistop will not adversely affect the adjoining land uses, the safety and welfare of nearby residents, nor the future growth and development of the area in which it is to be located.
Utilities.
49. 
Communication facility, including telephone or telegraph exchange, microwave relay station and radio or television broadcasting studio.
49.1. 
Municipal Designated Wireless Telecommunications Facility. A wireless telecommunications facility designated as such by Borough Council which is situate upon a lot, building or structure which is owned, operated or leased or otherwise controlled by the Borough of Doylestown or another public entity such as the County of Bucks, the Central Bucks School District or the Commonwealth of Pennsylvania or which is held in private ownership but contains an existing building or structure which is not less than 60 feet in height and where the owner or lessee thereof has consented to such designation.
A. 
The following are hereby designated as municipal designated wireless telecommunications facilities:
Location
Owner/Lessee
Tax Parcel Number
Bucks County Courthouse
County of Bucks
8-9-1
Spruce Street water tower
Doylestown Borough
8-5-206
Maplewood water tower
Doylestown Borough
8-15-59
War Memorial Field
C.B. School District
8-3-1
Heritage Towers
Heritage Towers
8-5-8
Center Square Towers
Center Square Towers
8-5-8-3
Harvey Avenue Maintenance Facility
Doylestown Borough
8-4-30
B. 
The Zoning Officer may administratively approve an application and issue a zoning and building permit for the municipal designated wireless telecommunications facility use, provided that a lease, license or other suitable agreement permitting such use has been entered into between the applicant and the owner or lessee of the lot, building or structure upon which the use is proposed, and provided further that the applicant complies with all other applicable provisions of this chapter.
C. 
Where a municipal designated wireless telecommunications facility is so designated as a result of the existence of an existing building or structure with a height of 60 feet or more and the consent of the private owner to such designation, any antenna or array used or to be used in conjunction therewith shall be located on the top of such existing building or structure, and the construction of any new or additional tower shall not be permitted.
D. 
The municipal designated wireless telecommunications facility use shall not be permitted unless the applicant for a zoning and building permit establishes by clear and convincing evidence that the applicant has fully complied with all applicable provisions of Part 6, § 613, of this chapter.
[Amended by Ord. 2015-12, 8/17/2015]
E. 
An applicant for a zoning and building permit hereunder shall establish that all franchises or other approvals required by law for the operation of the proposed private wireless telecommunications facility have been obtained and shall file a copy of same, at the time of application, with the Zoning Officer.
49.2. 
Tower-Based Wireless Communications Facility. A tower-based wireless communications facility, other than a municipal designated wireless telecommunications facility, which is privately owned, operated or controlled.
[Amended by Ord. 2015-12, 8/17/2015]
A. 
A tower-based wireless communications facility shall be permitted by special exception granted by the Zoning Hearing Board pursuant to the express standards and criteria set forth in this section and § 613 of this chapter and subject to the standards, criteria and procedures set forth in Part 11 hereof.
B. 
The tower-based wireless communications facility use shall not be permitted unless the applicant for special exception establishes by clear and convincing evidence, after exercising due diligence, that a municipal designated wireless telecommunications facility (Use 49.1) was unavailable or unsuitable and could not reasonably be used to accommodate the provision of wireless services proposed by the applicant.
C. 
The tower-based wireless communications facility use shall not be permitted in the Historic District created and defined pursuant to Chapter 4, Part 2, of the Code of Ordinances of the Borough of Doylestown.
D. 
The tower-based wireless communications facility use shall not be permitted unless the applicant for special exception establishes by clear and convincing evidence that the applicant has fully complied with all applicable provisions of Part 6, § 613, of this chapter.
E. 
The applicant for special exception shall establish that all franchises or other approvals required by law for the operation of the proposed tower-based wireless communications facility have been obtained and shall file a copy of same, at the time of application, with the Zoning Officer.
F. 
A different existing use of any existing structure on the same lot shall not preclude a tower-based wireless communications facility use thereon.
G. 
Tables of Dimensional Requirements. The dimensional requirements for a tower-based wireless communications facility shall comply with § 613 of this chapter and the zoning district in which it is located.
49.3. 
Non-Tower Wireless Communications Facility. A non-tower wireless communications facility shall not include support structures for antennas and related equipment.
[Amended by Ord. 2015-12, 8/17/2015]
A. 
A non-tower wireless communications facility shall be permitted by right in all zones except the Historic District, subject to the restrictions and conditions in § 613 and subject to the prior written approval of the Borough.
B. 
The non-tower wireless communications facility use shall not be permitted in the Historic District created and defined pursuant to Chapter 4, Part 2, of the Code of Ordinances of the Borough of Doylestown.
C. 
The non-tower wireless communications facility use shall not be permitted unless the applicant establishes by clear and convincing evidence that the applicant has fully complied with all applicable provisions of Part 6, § 613, of this chapter.
D. 
The applicant for a non-tower wireless communications facility shall establish that all franchises or other approvals required by law for the operation of the proposed non-tower wireless communications facility have been obtained and shall file a copy of same, at the time of application, with the Zoning Officer.
50. 
Supply utility, including water supply works and storage, electric substations, plus necessary rights-of-way and transmission lines; provided that:
A. 
Except in RC and CC Districts, no public business office shall be operated in connection with such use.
B. 
In no district shall any storage yard or storage building be operated in connection with such use unless such storage facility is essential to service customers in the district in which it is located.
C. 
All transmission lines shall be underground.
D. 
A seventy-five-foot buffer yard shall be provided along all property lines.
51. 
Petroleum product and gas substation, provided that the provisions of Use 49(C) and (D) above are met.
52. 
Municipal facility, including public water works, storage and distribution systems; public works maintenance shop and storage yard; and sanitary sewerage works, pumping stations plus associated collection lines and rights-of-way, but not including refuse dump, incinerator nor sanitary landfill.
53. 
Emergency facility, including fire station, ambulance and rescue services.
54. 
Fire signal.
Industrial Uses.
55. 
Wholesale business and storage, provided that:
A. 
In RC and CC Districts, such uses shall be restricted to offices.
B. 
In FC, CI and PI Districts, the storage provisions of Use 63 are met.
56. 
Warehousing, not including outdoor storage unless the provisions of Use 64 are met.
57. 
Manufacturing, including the production, processing, cleaning, printing, testing and distribution of materials, goods, foodstuffs and other products. Such manufacturing, processing or assembling of small parts and products such as electronic instruments and devices, radios and phonographs, medical and surgical instruments, optical products, pharmaceuticals, toiletries, jewelry, mechanical instruments and other similar small parts and products.
58. 
Laboratory for research testing, or experimentation.
59. 
Contractor's office and storage, including building, cement, electrical, heating, plumbing, masonry, painting and roofing contractors, provided that the storage provisions of Use 64 are met.
Accessory Uses.
60. 
Home occupation. Activities customarily carried on in a dwelling unit which are clearly incidental and secondary to the use of the dwelling for residential purposes, provided that:
A. 
The home occupation shall be carried on wholly indoors and within the principal building.
B. 
There shall be no maintenance of a stock in trade, no use of show windows nor display nor advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted and regulated in Part 7 and no exterior storage of materials.
C. 
No alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation.
D. 
No articles shall be sold or offered for sale except such as may be produced on the premises.
E. 
No repetitive servicing by truck for supplies and materials shall be required.
F. 
The home occupation shall be carried on only by members of the immediate family residing in the structure.
G. 
No equipment or process shall be used in a home occupation which creates unreasonable noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot; nor shall any equipment or process be used which creates visible or audible interference with television or radio reception on neighboring properties.
H. 
The maximum amount of floor area devoted to the home occupation or occupations shall not exceed more than 25% of the ground floor area of the principal residential structure or 400 square feet, whichever is less. At least 850 square feet of the total floor area, excluding attic or cellar areas, shall remain exclusively in residential use.
60.1. 
No Impact Home-Based Business, provided that:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
61. 
Residential accessory building or structure or use, including but not limited to:
A. 
Parking spaces for the parking of passenger automobiles; but excluding parking of commercial vehicles other than vehicles not exceeding one-half-ton loading capacity that are needed for travel to and from work by residents of the principal building, are completely enclosed within a building; and also excluding repairs, sale of gas and other such commercial uses.
B. 
Structures such as fences and walls.
C. 
Building, such as storage shed, provided that:
(1) 
As to freestanding storage sheds only, the minimum rear yard and side yard(s) shall be 2 1/2 feet, provided that the maximum area shall not exceed 100 square feet, the maximum height shall not exceed eight feet only one such storage shed shall be permitted on any property, and that such storage sheds shall not be located closer to any street than the rearmost wall of the principal building.
(2) 
No storage shed shall be permitted within the required front yard on any property nor shall any storage shed be located closer to the front yard of any abutting property than as the yard requirements of the applicable zoning district may otherwise require.
(3) 
As to attached storage sheds or those with a height greater than eight feet or area larger than 100 square feet, the front, rear and side yard setbacks of principal and accessory buildings within the applicable zoning district shall govern.
D. 
For accessory garage structures other than those listed in Subsection 61C above, see § 518.
E. 
Private swimming pool wherever constructed as a stationary or permanent structure or wherever temporarily erected for use, provided that the provisions of the Doylestown Borough Chapter 23 regulating swimming pools is complied with.
F. 
The keeping of one roomer, boarder or lodger as an accessory use to any dwelling unit; provided, however, that the following requirements are complied with:
(1) 
In R-1 and R-2 Districts, one additional off-street parking space shall be provided on the property in which the boarder resides.
(2) 
No cooking facilities shall be provided to a boarder other than those used by occupants of the principal dwelling.
(3) 
No separate entrance shall be provided to any boarder other than existing entrances available to occupants of the principal dwelling.
(4) 
Internal access from the area occupied by a boarder to the principal residence shall be maintained at all times.
(5) 
No sign of any kind shall be placed on any property advertising the existence of availability of boarding facilities.
G. 
Earth Station for Satellite Communication. A structure for purposes of this Chapter as a parabolic ground-based or mountable reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish antenna," used or intended to receive radio or electromagnetic waves from an overhead satellite shall be permitted subject to the following regulations. This use shall in no event be construed to permit as an accessory use or structure an earth station for satellite communication used or intended to be used for the propagation or transmission of radio or electromagnetic waves, such uses being and regulated above pursuant to Subsection 49, Communication Facility. Earth Stations shall be permitted and may be erected provided that:
(1) 
There is strict compliance with all dimensional requirements set forth in Part 5 of this Chapter, except as otherwise provided for herein. No earth stations shall be permitted in any front or side yard area.
(2) 
No more than one earth station shall be permitted on any lot.
(3) 
The diameter or longest straight-line distance between any two points on the perimeter of any earth station shall not exceed nine feet.
(4) 
The total dimensional height of any earth station, including base and mounting structure, shall not exceed 10 feet.
(5) 
When roof mounted, the earth station shall not be mounted upon chimneys and shall be subject specifically to the provisions of § 523 of this Chapter, provided that nothing therein contained shall be construed to increase the dimensional restrictions set forth in Subsection 61G(3) and (4) above.
(6) 
When mounted other than upon a roof, including the ground, the earth station shall be visually screened, the design of which shall be subject to the approval of the Borough Planning Commission and Borough Council.
(7) 
There shall be strict compliance with the Doylestown Borough Building Code and all other applicable laws, statutes, and regulations of the United States, Commonwealth of Pennsylvania, County of Bucks and the Borough of Doylestown.
(8) 
Prior to the erection of any earth station, a zoning permit shall be obtained pursuant to the provisions of Part 10 of this Chapter.
(9) 
The provisions of this Subsection 61G shall be fully applicable to Subsection 63 below insofar as Subsection 63 relates to accessory structures and uses in the PI District.
62. 
Temporary structure or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
A. 
The life of such permit shall not exceed six months, renewable at three-month intervals.
B. 
Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough.
63. 
Accessory building or structure, or uses customarily incidental to the uses permitted in R-3, RC, CC, FC, CI and PI Districts in connection with such uses, except outside storage, provided that any use accessory to a use permitted only under a special exception shall be established only if and as provided in such exception.
64. 
Outside storage other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use.
A. 
Such use shall be subject to the following provisions:
(1) 
No part of the street right-of-way, no sidewalks nor other areas intended or designed for pedestrian use, no required parking areas, and no part of the required front yard shall be occupied by outside storage.
(2) 
Outside storage areas shall occupy an area of less than 1/2 the existing building coverage.
(3) 
Outside storage areas shall be shielded from view from the public streets.
B. 
Uses requiring more substantial amounts of land area for storage may be exempt from the provisions of paragraphs (2) and (3) above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:
(1) 
No more than 25% of the lot area shall be used in outdoor storage.
(2) 
Particular uses appropriate for consideration under this provision include, but are not limited to, bulk commercial (Use 30), school bus yard (Use 44), and truck terminals (Use 45). Among the uses that shall not be considered appropriate for inclusion under this provision are retail shops and stores (Use 29), repair shops for appliances (Use 32), gasoline service station (Use 39), sale of automotive accessories (Use 42), wholesale business (Use 55), warehousing (Use 56), manufacturing (Use 57) and contractor offices and shops (Use 59).
65. 
Outside display of goods, wares or merchandise, upon a fixture, table, machine or other device for the display and/or sale of merchandise, limited to the portion of the sidewalk adjacent to the inside line thereof, extending not more than 24 inches toward the curbline, where the sidewalk is sufficiently wide so that a free and unencumbered walkway at least six feet in width remains available for the use of pedestrians. Penalties for violation of these provisions shall be as stated in Chapter 21, § 304 to 306 herein.
66. 
Travel trailer, storage of, subject to the following provisions:
A. 
In all districts, no more than one trailer shall be stored on a lot.
B. 
Such trailers shall be owned by the occupant of the lot upon which the trailer is stored.
C. 
Such trailers must be unoccupied.
D. 
The provisions for outside storage included in Use 64 must be complied with.
E. 
Provisions (A) and (B) above shall not apply to the storage of trailers as a permitted principal use.
67. 
Sign subject to the provisions and requirements of Part 6.