[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.
[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".
[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.
[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.
[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.
[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.
(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.
(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.
(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.
(6)
Single-family semidetached, twin or duplex dwellings.
(7)
Single-family attached dwellings and live-work units.
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.
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:
(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:
(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.
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.
(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.
(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.
(6)
Single-family semidetached, twin or duplex dwellings.
(7)
Single-family attached dwellings and live-work units.
(9)
Principal nonresidential use.
(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.
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.
4.3.
Broad Street
Corridor Overlay District Mixed Uses.
[Added by Ord. No. 2021-5, 4/19/2021]
A.
A planned mixed-use development of residential and business uses
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 to:
(1)
Provide for context-sensitive development with a diversity of
residential and non-residential uses and green spaces in a compact
arrangement that promotes internal and external vehicular, bicycle
and pedestrian circulation.
(2)
Promote the redevelopment of selected existing Planned Industrial
and Central Industrial properties, and to transform properties in
the Overlay District to become places to live, work, shop and recreate.
(3)
Encourage new development which emulates the character found
in the Borough of Doylestown, especially in parts of the downtown
Historic District.
(4)
Promote a streetscape quality that furthers the identity of
the Borough of Doylestown as a place of enduring value and high quality
of life.
(5)
Encourage a combination of business and residential uses along
the North Broad Street Corridor which enables jobs and employment
opportunities in close proximity to and/or integrated with dwelling
units.
C.
D.
Use and Building Type Regulations.
(1)
The following uses shall be permitted by right, provided that all detailed design standards of Subsections F, G, and H of this subsection are met:
(a)
Permitted uses are limited to those identified below from the
Table of Use Regulations of § 406 of this chapter, and as
subject to additional regulations set forth in this Part:
1)
Permitted Uses.
a)
(7) Multifamily low rise.
b)
(8) Multifamily high rise.
c)
(14) Cultural facility.
d)
(15) Auditorium, community center.
e)
(16) Day nursery, nursery school.
f)
(23) Professional service.
g)
(24) Business service, nongovernmental.
h)
(25) Business service, governmental.
i)
(28) Trade, professional, music, dancing school.
j)
(29) Retail shop.
k)
(31) Personal service.
l)
(33) Eating place sit-down.
m)
(33.1) Tavern.
n)
(38) Hotel, motel, tourist home.
o)
(60.1) No-impact home-based business.
2)
Dimensional requirements and provisions of the above-listed
uses when proposed in this overlay district shall be as per this district's
provisions which shall supersede any other dimensional requirements
for these uses in other districts.
3)
All buildings adjacent to perimeter public streets shall be
vertical mixed-use buildings that are a minimum of two stories and
a maximum of four stories.
4)
All ground floor, nonresidential uses shall have an entryway
facing 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)
Ground floor uses of vertical mixed-use buildings shall be limited
to nonresidential uses and recreational uses. No residential uses
shall be located on the ground floor of a vertical mixed-use building,
except for accessory residential· uses such as a lobby or mail
room.
(3)
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.
E.
Use Composition, Dwelling Unit Composition and Density/Intensity.
(1)
Use Composition.
(a)
Nonresidential development shall comprise at least 3% of the
total site area and may comprise up to 15% of the total site area,
exclusive of the area of perimeter street rights-of-way.
(2)
Dwelling Unit Composition.
(a)
A mix of multifamily dwelling unit sizes, based on a variety
in the number of bedrooms.
(3)
Density/Intensity.
(a)
The density for residential dwelling units shall not exceed
10 dwelling units per gross acre, calculated over the entire tract
acreage, exclusive of the area of existing perimeter street rights-of-way;
provided, however, that the gross density may be increased as follows:
1)
When a development achieves a score between 20 and 30 Doylestown zoning green points, according to the formula in Subsection E(4) of this section, the gross density may be increased by five dwelling units per acre above the base of 10, for a total of 15 dwelling units per acre.
2)
When a development achieves a score of 30 to 34 Doylestown zoning
green points, the gross density may be increased by 10 dwelling units
per acre above the base of 10, for a total of 20 dwelling units per
acre.
3)
Whenever a development achieves a score of 35 or higher Doylestown
zoning green points, the gross density may be increased by 25 dwelling
units per acre above the base of 10, for a total of 35 dwelling units
per acre.
4)
The total combination of base and density increases shall not
exceed 35 total dwelling units per acre.
(4)
Green points zoning density bonuses shall be awarded as follows:
(a)
(1 Point) Project location is within .25 mile of supermarket,
convenience, or drug store. Purpose and intent: Multifamily residential
projects that are located to facilitate pedestrian and bicycle access
to convenience, food and drugstores reduce automobile traffic and
congestion, reduce energy consumption and pollution, and have a positive
influence on overall public health. To qualify for these bonus points,
the site must be within 1/4 mile of one of these types of uses or
an approved comparable use. The referenced store establishment need
only be open for business as of the period of the land development
application, and the condition is considered satisfied thereafter
regardless of the status of the private establishment. Applicants
shall provide a scale area map demonstrating compliance with this
distance.
(b)
(1 Point) Project is within 0.75 mile of a mass transit station.
Purpose and intent: Transit-oriented developments and transit-convenient
developments can reduce transportation-related energy consumption,
pollution, and congestion. The development must be within 3/4 mile
from a mass transit station (bus, trolley, streetcar or train). A
mass transit station is defined as a public facility, structure or
places where multipassenger mass transit vehicles stop to pick up
and drop off passengers.
(c)
(9 Points) Public park. Project provides a minimum of 0.5 acre
of public park in a contiguous parcel with public road frontage of
at least 75 feet.
(d)
(1 Point) Reduction of lawns. No more than 5% of site area in
lawn or turf grass.
(e)
(3 Points) Tree planting. Planting trees 10% above minimum required
by ordinance. Fee-in-lieu-of contributions qualify for these points.
(f)
(1 Point) Sidewalks. Public sidewalks provided adjacent to site
that are six feet wide minimum.
(g)
(3 Points) Bicycle facilities. Covered bike racks or indoor
bicycle storage. Short- and long-term bicycle storage facilities shall
be provided according to the standards in Section 403.3 of the ICC
International Green Construction Code ™ ("IgCC"). Number of
bicycle storage spaces provided shall be in accordance with Table
403.3 of the referenced code.
(h)
(1 point) Street furniture. Includes benches and trash cans
for public use. The presence of public benches creates inviting streetscapes
and pedestrian friendliness. The provision of public trash cans, including
recycling receptacles, reduces litter and improves community health
and aesthetics.
(i)
(2 Points) Covered parking. Garage or podium parking comprises
at least 25% of total. The efficient location of parking within or
under a building reduces paved areas, increases areas for landscaping
and civic spaces, and increases convenience of the users as it relates
to inclement weather. To qualify, parking can be within a detached
or semi-detached residential garage, a covered parking area on the
first floor or basement of a building, with units above, or a multistory
parking structure. Applicants shall provide a scale site plan and/or
building plans to demonstrate compliance with this category.
(j)
(2 Points) Electric vehicle charging stations. The installation
of a Level II 240 volt SAE standard electric vehicle charging station
for residents and visitors. One charging station must be provided
for every 20 dwelling units and one station provided for every 10,000
square feet of nonresidential use.
(k)
(15 Points) Green building. Designed to Bronze Level of 2018
ICC International Green Construction Code™.
1)
Sustainable and green construction is increasingly used to reduce
energy consumption, improve environmental quality, and reduce waste
and the adverse impacts of development. The International Code Council's
overlay building code, the International Green Construction Code™,
is written to integrate with the International Building Code, which
is the adopted statewide building code in Pennsylvania. The International
Green Construction Code™ incorporates many state-of-the-art
green and sustainable building practices, and is intended to be used
in conjunction with the ICC set of codes, including the Energy Conservation
Code. An applicant for Green Points may voluntarily elect to design
to the International Green Construction Code™, and the incorporated
referenced ICC 700 standards, to qualify for these bonus points with
the following modifications and exclusions:
a)
ICC 700 — 2015, Table 302 modified Table 303
for One Star and Bronze Level.
2)
An applicant for approval under this section shall submit a
letter of commitment to build to the standards and prescriptions of
the International Green Construction Code™ and referenced ICC
700 National Green Building Standard at the time of application. Land
development permit approval shall contain a condition referencing
the applicant's voluntary commitment to this part, and the applicant
shall provide all required documentation demonstrating compliance
at the time of building permit application, which shall be conditional
on compliance with this condition. Additionally, prior to construction
the applicant for a building permit under this use group shall submit
a written statement from the Pennsylvania-licensed architect or engineer
who prepared the building permit plans, certifying that the building
was designed and documented to comply with the applicable edition
of the International Green Construction Code™ and reference
standards, as modified herein, and stating which project electives,
if any, are being utilized. The statement shall also include the applicable
elements of the green points program utilized in the permit approval.
Prior to any occupancy of the building or buildings subject to these
conditions, a final compliance statement shall be submitted with the
application for a certificate of occupancy. The final compliance statement
shall contain relevant project information, a recitation of all green
points claimed, a listing of any conditions of permit approval, and
a detailed narrative explanation, including photographic documentation,
of compliance with the requirements and conditions of the original
approved building and site plans, and any conditions attached therewith.
The maintenance and retention of all elements of a project approved
under this use shall be a continuing obligation of the owners and
a condition in perpetuity of the certificate of occupancy for as long
as the building(s) exists, or as otherwise approved by the authorities
having jurisdiction.
(l)
(5 Points) Alternate Energy (has solar, wind, geothermal, fuel cell,
or other). A project that includes alternate energy systems, such
as solar, wind, geothermal, fuel cells, or other alternate- and low-emission
energy technologies qualifies for the points in this part.
F.
Detail Design Standards.
(1)
Green Space Requirements.
(a)
A minimum of 15% of the total site area shall be designated,
landscaped and maintained as green space, exclusive of any aboveground
stormwater management facilities or stormwater management areas but
including amended soils and nonstructural BMPs.
(b)
Green space shall take on the form of such facilities as a park,
parklet, pocket park, green, playfield, playground, buffer, wooded
or other natural area, or approved landscaped area, in accordance
with a landscape plan that complies with the Borough's Landscape Design
Standards as determined by Borough Council.
(c)
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.
(2)
Internal Streets.
(a)
All streets, alleys and accessways internal to the site proposed
for development shall form an interconnected vehicular circulation
network with the existing, external, streets.
(b)
All streets internal to the site proposed for development 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 eight
feet wide by 22 feet long when parallel to the curbline.
(c)
Streets internal to the site proposed for development with on-street
parallel parking on one side shall be 34 feet in width (with two thirteen-foot
travel lanes and one eight-foot parking bay).
(d)
Streets internal to the site proposed for development with on-street
parallel parking on both sides shall be 42 feet in width (with two
thirteen-foot travel lanes and two eight-foot parking bays).
(e)
For all internal streets, crosswalks at least five feet in width
shall be provided at any new curb cut in order to promote pedestrian
safety, and to connect sidewalks.
(3)
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.
(4)
Street Trees and Other Landscaping.
(a)
All street trees, landscaping and plantings shall be shown on
a landscape plan that complies with the Borough's Landscape Design
Standards as determined by Borough Council.
(b)
A combination of trees, shrubs, and groundcover shall be incorporated into the landscape plans and shall be exclusively native and indigenous plants. Landscaping shall complement the overall design theme through the careful use of flower and leaf color and texture, and plant forms and plant masses. Landscaping shall be accented with lighting features that convey a sense of security and enhance aesthetics. Trees and shrubs shall be located and spaced to allow for mature and long term-growth, and shall be selected to minimize root conflicts with adjacent paved areas. Where the above-outlined objectives would be frustrated by the minimum street tree planting requirements, or tree landscaping adjacent to building(s) requirements set forth in § 406.8.E(4) of this Chapter 27, an applicant may pay a fee-in-lieu of those required tree plantings as established in the Borough's Subdivision and Land Development Ordinance.[4]
(5)
Parking and Parking Lots.
(a)
Parking shall be located on-street to the maximum extent possible
to serve as an insulator between moving vehicles and pedestrians walking
along the adjoining sidewalks.
(b)
Parking lots shall not be located in required front yard setback
areas and shall be placed 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 perimeter
streets.
(d)
Parking ratios for all other uses shall be in accordance with Part 8, Off-Street Parking and Loading, and the parking ratio for multifamily low-rise and high-rise use dwellings shall be in the range of 1.5 to 2.0 parking spaces per dwelling unit, depending on the number of bedrooms and shall be according to the criteria set forth in Chapter 27, Section 406.7A and Section 406.8B, respectively. Mixed-use buildings shall calculate parking requirements separately for each use.
(e)
The required number of parking spaces may be achieved with a
combination of off-street parking, on-street parking (parallel curbside),
and on-street parking (angled curbside).
(f)
Where new public on-street parking (parallel or angled) is provided
on an existing perimeter public street and the area of said new parking
spaces is located greater than 50% outside the existing road right-of-way
line, then those spaces may be counted against the required off-street
parking for the directly adjacent building use.
(6)
Off-Street Loading Areas, Outdoor Stage and Trash Disposal Areas.
(a)
Nonresidential uses shall meet the following requirements:
1)
Outdoor storage or display of materials shall not be permitted.
2)
Trash disposal areas shall be located within buildings or outdoors
within an opaque screened area constructed with appropriate architecturally
compatible materials that completely hides the trash containers and
is located to the side or rear of the buildings. Enclosures shall
be sized to accommodate both refuse and recycling containers.
3)
All buildings containing at least 15 dwelling units shall be
provided with a loading zone for occupant move-ins and move-outs.
This loading zone may be located on-street or off-street.
4)
All buildings containing at least 10 dwelling units shall provide
a short-term parking and loading zone for taxis and private car services.
This may be combined with the move-in loading zone in Subsection 4.3F(6)(a)3)
above by approval of Borough Council.
(7)
Buildings.
(a)
Buildings shall relate to the context and fabric of existing
places within the Historic District of Doylestown Borough. The size,
mix proportion, and form of buildings shall emulate the heritage character
of the downtown area. All buildings shall have vertical and horizontal
modulation and articulation reflecting the traditional streetscape
building spacing and dimensional variations of the Borough.
(b)
Horizontal building modulation. Building facades shall conform
to the following standards:
1)
The maximum width (as measured horizontally along the building
exterior) without building modulations shall be 110 feet.
2)
The minimum depth of modulation shall be two feet. The minimum
width of modulation shall be 12 feet.
3)
Roof decks or balconies may be used as all or part of the building
modulation.
(c)
Modulated Roofline. Roofs are an important element and shall
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:
1)
For permitted 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
shall be two feet.
2)
For gable, hipped, or shed roofs: a minimum slope of five feet
vertical to 12 feet horizontal.
3)
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 (measure horizontally).
(d)
Building articulation shall be accomplished with design elements
such as the following, so long as the articulation interval does not
exceed 60 feet:
1)
Repeating distinctive window patterns at intervals less than
the articulation interval.
2)
Providing a balcony or bay window for each articulation interval.
3)
Changing the roofline by alternating dormers, stepped roofs,
gables, or other roof elements to reinforce the modulation or articulation
interval.
4)
Changing materials with a change in building plane.
5)
Providing lighting fixtures, trellises, trees, or other landscape
features within each interval.
(e)
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:
1)
Top: sloped roofs, strong eave lines, cornice treatments, horizontal
trellises, etc.
2)
Middle: windows, balconies, material changes, railings and similar
treatments that unify the building design.
3)
Bottom: pedestrian-oriented fronts, pedestrian-scale building
details, awnings, and arcades.
4)
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.
(f)
Materials. Building exteriors shall be constructed from high-quality,
durable materials. Preferred exterior building materials that reflect
the Borough's desired traditional downtown street character are as
follows:
1)
Masonry, including brick and stone.
2)
Cast stone, cultured stone, or tile.
3)
Wood or cementitious (HardiePlank® or equal) horizontal
clapboard or vertical board and batten siding. No vinyl or other artificial
siding materials are permitted along street frontages and public ways,
but may be permitted by Borough Council on a case-by-case basis on
architecturally subordinate facades.
4)
All other materials subject to approval by Borough Council.
5)
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
shall be architecturally treated in one or more of the following ways:
(g)
Fenestration. The arrangement, proportion and design of windows
and doors (fenestration) shall conform to the following:
1)
The height-to-width ratio of single openings and group openings
are to be proportionately scaled to the wall.
2)
Door and window details and trim suitably scaled to the wall.
3)
Excluding the ground floor commercial uses, 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.
(h)
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.
(i)
Roofs.
1)
Slope. Roof pitches and overhangs shall vary as necessitated
by good architectural design and modulation requirements of the previous
sections. A 5/12 roof slope is the minimum standard for roofs visible
from a public way. Mansard roofs, when constructed in the traditional
form with appropriate step back from the exterior building wall line
may be permitted. The upper roof of a mansard may be flat or low pitch,
providing it is not visible from ground level. Shed roofs, dormers,
secondary roof forms, and roofs for porches may have a lower pitch,
but in no case shall the pitch be lower than 3.75 in 12. Significant
roof overhangs are recommended to provide architectural interest,
to create shadow lines, and to protect walls and siding from water
and sun. Roof overhangs are highly recommended to provide passive
energy conservation where possible.
2)
Penetrations. All roof stacks, flashing, vents or protrusions
from the roof shall be painted the same color as the roof. Roof stacks
and plumbing vents shall be placed on rear slopes of the roofs where
possible.
3)
Solar. Photovoltaic and hot-water heating panels are permitted
and encouraged, providing that on sloped roofs visible from a public
way, they shall be installed flush on the roof plane, and shall not
project above the roof surface by more than six inches. On flat roofs
not plainly visible from ground level of a public way, solar panels
may be mounted on brackets, providing they are no higher than six
feet above the roof surface that they are mounted on.
4)
Materials. Roofs that are visible from ground level shall be
architectural dimensional composite shingles, wood shingles or shakes,
slate, tile or prefinished metal standing or box seam. Combinations
of roofing are encouraged when appropriate to the desired architectural
character. Roofs not visible from a ground level shall be white or
light-colored roofing material to provide improved energy efficiency.
(j)
Utility and Mechanical Equipment.
1)
All utility feeds, meters, and vents shall be painted to blend
with adjacent surfaces. All feeds to meter boxes and exterior meter
banks shall be located on a rear, side, or other subordinate facade
of the buildings subject to the approval of the utility company.
2)
All aboveground utilities and mechanical equipment (i.e., transformers,
phone and cable boxes, gas meters, electric meters, air-conditioning
units, heat pumps, and exterior HVAC equipment and ducting) whether
ground- or roof-mounted, shall be screened from all public ways by
either an architecturally integrated screen wall, landscape wall,
fencing, or densely planted visual buffers at a height equal to or
greater than the height of the equipment. Spacing shall provide effective
visual screening upon installation. Screening shall surround the utility
structure 360° except when abutting or within five feet of the
structure, or to allow access to the structure. All setback requirements
of the utility company shall be addressed concurrently.
G.
Dimensional Requirements.
(1)
Multifamily low-rise dwellings, including mixed-use buildings.
(a)
Maximum building length: 325 feet.
(b)
Maximum number of stories: 5.
(c)
Base maximum dwelling units per acre before Green Point bonuses:
10.
(d)
Building setback from perimeter public street: 10 feet minimum,
30 feet maximum.
(e)
Building setback line from interior street or alley: six feet
minimum, 25 feet maximum.
(f)
Building setback from rear and side property lines: 25 feet
minimum.
(g)
Minimum building spacing: 20 feet.
(h)
Minimum green space: 15%.
(i)
Maximum building coverage: 40%.
(j)
Maximum impervious coverage: 75%.
(2)
Multifamily high-rise dwellings.
(a)
Maximum building length: 440 feet.
(b)
Maximum number of stories: seven.
(c)
Base maximum dwelling units per acre before Green Point bonuses:
10.
(d)
Minimum building setback line from perimeter public street:
15 feet.
(e)
Minimum setback from rear and side property lines: 15 feet.
(f)
Minimum buffer yard for parking areas: five feet.
(g)
Minimum building spacing: 55 feet.
(h)
Minimum open space: 15%.
(i)
Maximum building coverage: 42%.
(j)
Maximum impervious coverage: 75%.
H.
Other Requirements.
(1)
All buildings shall be served by a public water supply and public
sewer.
(2)
All public utility lines and similar facilities serving 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 street 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.
Multifamily Dwelling, High-Rise. Having not less than three stories
but not more than seven 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:
(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 three and no more than
seven stories high.
(2)
Table of Dimensional Requirements.
|
Type of Apartment
|
Average Apartment Size
(square feet)
|
Number of Parking Spaces
|
|---|---|---|
|
Efficiency
|
575
|
1.5
|
|
1-bedroom
|
775
|
1.5
|
|
2-bedroom
|
1,150
|
1.75
|
|
3-bedroom
|
1,300
|
2.00
|
|
4-bedroom
|
1,450
|
2.00
|
|
Note: The required number of parking spaces may be achieved
with off-street parking, on-street parking (parallel curbside), and
on-street parking (angled curbside).
|
J.
Relationship to Other Ordinance Provisions.
(1)
The regulations in this Subsection 4.3. shall take precedence over the other provisions of Chapter 27 to the extent that this Subsection 4.3. specifies additional or varied requirements. Otherwise, all applicable sections of Chapter 27, and the Subdivision and Land Development Ordinance,[5] shall apply.
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.[6] 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.
[6]
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.
Table of Dimensional Requirements:
|
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.
Table of Dimensional Requirements:
|
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:
13.
School. Including religious and nonsectarian, denominational, private
or public school, not conducted as a private gainful business, subject
to the following provisions:
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:
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.
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:
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:
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:
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:
(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:
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.
29.2.
Permanent Facilities for Sale of Consumer Fireworks.
[Added by Ord. 2018-5, 5/21/2018, § I]
A.
"Consumer fireworks" and "display fireworks" shall have the same
meanings as the terms in Act 43 of 2017.
B.
Permanent facilities for sales of consumer fireworks may only be
permitted in accordance with the following conditions:
(1)
The facility must be licensed by the Pennsylvania Department
of Agriculture.
(3)
The facility must be a stand-alone permanent structure.
(4)
Storage areas shall be separated from wholesale or retail sales
areas to which a purchaser may be admitted by appropriately rated
fire separation.
(5)
The facility shall be located no closer than 250 feet from a
facility selling or dispensing gasoline, propane or other flammable
products.
(6)
The facility shall be located at least 1,500 feet from another
facility licensed to sell consumer fireworks.
(7)
The facility shall have a monitored burglar and fire alarm system.
(8)
Quarterly fire drills and preplanning meetings shall be conducted
as required by the Doylestown Borough Fire Department.
(9)
The facility shall be constructed, maintained, and operated
in accordance with all Pennsylvania Department of Agriculture requirements
and all standards set forth in Act 43 of 2017, including, but not
limited to, the following:
(a)
There shall be security personnel on the premises for the seven
days preceding and including July 4 and for the three days preceding
and including January 2.
(b)
No smoking shall be permitted in the facility.
(c)
No cigarettes or tobacco products, matches, lighters or any
other flame-producing devices shall be permitted to be taken into
the facility.
(d)
No minors shall be permitted in the facility unless accompanied
by an adult, and each minor shall stay with the adult in the facility.
(e)
All facilities shall carry at least $2,000,000 in public and
product liability insurance.
(f)
A licensee shall provide its employees with documented training
in the area of operational safety of a facility. The licensee shall
provide proof to the Borough that it has provided written documentation
to the Department of Agriculture that each employee has received the
training.
(g)
No display fireworks shall be stored or located at a facility.
(h)
No person who appears to be under the influence of intoxicating
liquor or drugs shall be admitted to the facility, and no liquor,
beer or wine shall be permitted in the facility.
(i)
Emergency evacuation plans shall be conspicuously posted in
appropriate locations within the facility.
C.
The facility shall comply with the lot dimensional, area, and parking
requirements of the CI and PI District, as applicable, including but
not limited to setbacks and buffers, with the exception of the following:
D.
Application for permit. An applicant for permanent sales of consumer
fireworks shall submit an application for a special exception that
contains, at a minimum, the following:
(1)
Pennsylvania Department of Agriculture license.
(2)
Proof of at least $2,000,000 in public and product liability
insurance.
(3)
Emergency evacuation plans.
(4)
A site plan demonstrating compliance with setback requirements.
(5)
Evidence of procedures to ensure compliance with Pennsylvania
Department of Agriculture requirements, including, but not limited
to, prevention of smoking in the facility, security measures, and
restriction of unaccompanied minors in the facility.
29.3.
Temporary Facilities for Sale of Consumer Fireworks.
[Added by Ord. 2018-5, 5/21/2018, § I]
A.
Temporary facilities for sale of consumer fireworks are only allowed
as accessory uses to existing commercial uses.
B.
"Consumer fireworks," "APA 87-1," "outdoor storage unit," "NFPA 1124,"
and ''temporary structure" shall have the same meanings as in Act
43 of 2017.
C.
Temporary facilities for sales of consumer fireworks may only be
permitted in accordance with the following conditions:
(1)
The facility must be licensed by the Pennsylvania Department
of Agriculture.
(2)
The facility shall be constructed, maintained, and operated
in accordance with all Pennsylvania Department of Agriculture requirements
and all standards set forth in Act 43 of 2017, including, but not
limited to, the following:
(a)
The temporary structure is located no closer than 250 feet from
a facility storing, selling or dispensing gasoline, propane or other
flammable products.
(b)
An evacuation plan is posted in a conspicuous location for a
temporary structure in accordance with NFPA 1124.
(c)
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
(d)
The temporary structure complies with NFP A 1124 as it relates
to retail sales of consumer fireworks in temporary structures.
(e)
The temporary structure is located one of the following distances
from a permanent facility licensed to sell consumer fireworks under
the Act of May 15, 1939 (P.L. 134, No. 65), referred to as the "Fireworks
Law,[8]" at the time of the effective date of this Part 4:
[8]
Editor's Note: See 72 P.S. § 9401 et seq.
(f)
The temporary structure does not exceed 2,500 square feet.
(g)
The temporary structure is secured at all times during which
consumer fireworks are displayed within the structure.
(h)
The temporary structure has a minimum of $2,000,000 in public
and product liability insurance.
(i)
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
(j)
Consumer fireworks not on display for retail sale are stored
in an outdoor storage unit.
D.
The facility shall comply with the lot dimensional, area, and parking
requirements of the RC District, including but not limited to setbacks
and buffers, with the exception of the following:
E.
No smoking, cigarettes, tobacco products, matches, lighters, or other
flame-producing devices shall be permitted within the temporary facility.
F.
No minor shall be permitted in the temporary facility unless accompanied
by an adult at all times.
G.
No person who appears to be under the influence of intoxicating liquor
or drugs shall be admitted to the facility, and no liquor, beer or
wine shall be permitted in the facility.
H.
Application for permit. An applicant for permanent sales of consumer
fireworks shall submit an application for a special exception that
contains, at a minimum, the following:
(1)
Pennsylvania Department of Agriculture license.
(2)
Proof of at least $2,000,000 in public and product liability
insurance.
(3)
Emergency evacuation plans.
(4)
A site plan demonstrating compliance with setback requirements.
(5)
Evidence of procedures to ensure compliance with Pennsylvania
Department of Agriculture requirements, including, but not limited
to, prevention of smoking in the facility, security measures, and
restriction of unaccompanied minors in the 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)
(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.
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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]
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:
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:
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.
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.
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.
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Industrial Uses.
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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.
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Accessory Uses.
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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.
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.
(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.
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:
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.
