[Ord. 1972-10, 10/16/1972, Art. V, § 500]
The dimensional requirements for all zoning districts in Doylestown
Borough are summarized in the Table of Dimensional Requirements (§ 502).
The purpose of the summary is as a reference in making comparisons
between dimensional requirements in the various districts. Covered
in this Part are general dimensional requirements for special circumstances,
applicable in all districts.
[Ord. 1972-10. 10/16/1972, Art. V, § 501, as amended
by Ord. 1973-2, 1/15/1973, §§ 3 and 4; as amended by
Ord. 1974-6, 5/20/1984, § 3; by Ord. 1974-10, 8/19/1974,
§§ 6-8, 10, 13, 16, 18; by Ord. 1975-13, 7/7/1975,
§ 4; Ord. 1977-11, 8/15/1977, §§ 7, 8; by
Ord. 1978-6, 5/15/1978, §§ 4, 18; by Ord. 1979-17,
9/17/1979, § 3; by Ord. 1985-8, 5/23/1985; by Ord. 1986-15,
12/15/1986; by Ord. 1995-7, 11/20/1995, § 3; by Ord. 1998-5,
6/15/1998, § 5; by Ord. 1999-9, 6/28/1999, § 4;
by Ord. 2000-5, 6/26/2000, § 8; and by Ord. 2001-6, 5/21/2001,
§ 5; and by Ord. 2002-13, 12-16-2002, § 4; and by Ord. 2003-7,
8/18/2003, § 7]
The regulations for each district pertaining to maximum overall density, minimum lot area, minimum lot area per dwelling unit, minimum lot width, minimum front yard, minimum side yard, minimum rear yard, maximum height and maximum building coverage shall be as specified in this Part unless specifically stated for all particular use in the Table of Use Regulations in Part 4. (See Table in attachment at the end of this Chapter.)
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A.
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Density, Lot Area and Lot Width Regulations.
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[Ord. 1972-10, 10/16/1972, Art. V, § 502]
The maximum number of dwelling units per acre of land shall
not exceed the numbers specified in § 502 for the district
involved.
[Ord. 1972-10, 10/16/1972, Art. V, § 503]
1.
Where a minimum lot area is specified, no principal building nor
use shall be created or established on any lot of lesser area, except
as may be permitted in § 502.
2.
The lot area and yards required for any new building or use shall
not include any part of a lot that is required by any other building
or use to comply with the requirements of this Chapter. No required
lot area and yard shall include any property, the ownership of which
has been transferred subsequent to the effective date of this Chapter
if such property was a part of the area required for compliance with
the dimensional requirements applicable to the lot from which such
transfer was made.
3.
Lot coverage shall not exceed the requirements specified in § 502
for the district involved.
[Ord. 1972-10, 10/16/1972, Art. V, § 504]
Where a minimum lot width is specified, no principal building
shall be erected on any part of a lot which has a width less than
specified, except as may be permitted by § 506.
[Ord. 1972-10, 10/16/1972, Art. V, § 505]
1.
The provisions of § 502 shall not prevent the construction
of a single-family dwelling, provided the yard requirements are observed,
on any lot which was lawful when created and which prior to the effective
date of this Chapter was in separate ownership duly recorded by plan
or deed.
2.
This exception shall not apply to any two or more contiguous lots
in a single ownership as of or subsequent to the effective date of
this Chapter in any case where a reparceling or replatting could create
one or more lots which would conform to the provisions of § 502.
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B.
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Traffic Visibility Regulations.
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[Ord. 1972-10, 10/16/1972, Art. V, § 506]
1.
In any district, no structure, fence nor planting shall be maintained
between a plane two feet above curb level and a plane seven feet above
curb level so as to interfere with traffic visibility across the corner
within that part of the required front or side yard which is within
a triangle bounded by the street lot line and a straight line drawn
between points on each lot 25 feet from the intersection of said lot
lines or extension thereof.
2.
At each point where a private accessway intersects a public street
or road, a clear-sight triangle of 10 feet measured from the point
of intersection of the street line and the edge of the accessway shall
be maintained, within which vegetation and other visual obstructions
shall be limited to a height of not more than two feet above the street
grade.
[Ord. 1972-10, 10/16/1972, Art. V, § 507]
On a corner lot, the yard facing each street shall equal the
required front yard for lots facing that street.
[Ord. 1972-10, 10/16/1972, Art. V, § 508]
Where two or more main buildings for other than residential
uses are proposed to be built upon property in one ownership, front,
side and rear yards are required only at lot lines abutting other
property. See § 521 for requirements for residential uses.
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C.
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Front Yard Regulations.
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[Ord. 1972-10, 10/16/1972, Art. Vi, § 509; as amended
by Ord. 1981-3, 7/20/1981, § 4]
Where a minimum depth of front yard is specified in § 502
an open space of at least the specified depth shall be provided between
the legal right-of-way, or the future right-of-way, wherever the latter
exceeds the legal right-of-way, and the nearest point of any building
or structure. Only landscaped areas, signs, and necessary drives and
walks shall be permitted in the required front yard setback area except
as may be provided in § 802(7).
[Ord. 2005-3, 3/3/2005, § 2]
Mechanical equipment such as air conditioners, compressors,
generators and electrical transformers shall not be permitted within
required front yards. Existing mechanical equipment that is situate
within required front yard areas may be replaced in the same location,
provided it is of the same size and capacity as the replaced equipment
and is located no closer to the property line than the old equipment.
[Ord. 1972-10, 10/16/1972, Art. V, § 510]
Ground-story bays and porches not over half the length of the
front wall may project into any front yard 3 1/2 feet. Chimneys,
flues, columns, sills, and ornamental features may project not more
than one foot, and cornices and gutters not more than two feet, over
a required front yard.
[Ord. 1972-10, 10/16/1972, Art. V, § 511]
Subject to § 507, the provisions of § 502
shall not apply to front fences, hedges, nor walls less than seven
feet high above the natural grade in the required front yard, nor
to terraces, steps, uncovered porches, or other similar features not
over three feet high above the level of the floor of the ground story.
[Ord. 1972-10, 10/16/1972, Art. V, § 513]
Where there is an existing building on each of two lots adjacent
on either side to a lot on which a proposed building is to be erected,
where both such existing buildings have an alignment nearer to the
street than the required front depth elsewhere specified in this Chapter,
and when both such existing buildings are within 100 feet of the proposed
building, the average of the existing front yard depths of such adjacent
lots shall be the minimum required front yard depth of the lot on
which the proposed building is to be erected.
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D.
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Side Yard Regulations.
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[Ord. 1972-10, 10/16/1972, Art. V, § 514; as amended
by Ord. No. 2022-6, 7/18/2022]
Where a minimum width of side yard is specified in § 502,
no building or structure shall be erected within the specified distance
from either side lot line, except as permitted in § 514.2,
Subsection 1, and § 515.
[Ord. 2005-3, 3/3/2005, § 3]
Residential driveways and parking areas shall be permitted to
be located in a required side yard, provided that they are located
no closer than two feet from either side lot line. Nonresidential
driveways and parking areas shall be located no closer than six feet
from either side lot line and subject to the buffer requirements of
§ 803.1. This shall not prevent a driveway from taking access
from public or private street by crossing a required side or rear
yard.
[Ord. 2005-3, 3/3/2005, § 4; as amended by Ord. No. 2022-6, 7/18/2022]
Mechanical equipment such as air conditioners, compressors,
generators and electrical transformers shall not be permitted within
required side yards. Existing mechanical equipment that is situate
within required side yard areas may be replaced in the same location,
provided it is of the same size and capacity as the replaced equipment
and is located no closer to the property line than the old equipment.
1.
Exemption:
One emergency standby generator per property may be located as close
as five feet from a side property line, provided that the generator
footprint is no larger than 16 square feet, it does not exceed four
feet in height, and test cycles are not performed between the hours
of 7:00 p.m. and 8:00 a.m., Monday through Friday or any time Saturday
or Sunday.
[Ord. 1972-10. 10/16/1972, Art. V, § 515]
Bays, balconies, chimneys, flues and fire escapes may project
into a required side yard not more than 1/3 of its width, and not
more than four feet in any case. Ground-story bays and porches not
over half the length of the side wall may project into any side yard
3 1/2 feet.
[Ord. 1972-10, 10/16/1972, Art. V, § 516]
Subject to § 507, the provisions of § 502
shall not apply to fences, hedges, or walls not over seven feet high
above the natural grade, nor to terraces, steps, uncovered porches,
or other similar features not over three feet high above the floor
of the ground story.
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E.
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Rear Yard Regulations.
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[Ord. 1972-10, 10/16/1972, Art. V, § 517; as amended Ord. No. 2022-6, 7/18/2022]
No building or structure shall be built within the minimum depth
from the rear lot line specified in § 502, except as permitted
§ 517.2, Subsection 1, and § 518.
[Ord. 2005-3, 3/3/2005, § 5]
Residential driveways and parking areas shall be permitted to
be located in a required rear yard, provided that they are located
no closer than two feet from either side lot line. Nonresidential
driveways and parking areas shall be located no closer than six feet
from rear lot lines, and subject to the buffer requirements of § 803.1.
This shall not prevent a driveway from taking access from public or
private street by crossing a required side or rear yard.
[Ord. 2005-3, 3/3/2005, § 6; as amended by Ord. No. 2022-6, 7/18/2022]
Mechanical equipment such as air conditioners, compressors,
generators and electrical transformers shall not be permitted within
required rear yards. Existing mechanical equipment that is situate
within required rear yard areas may be replaced in the same location,
provided it is of the same size and capacity as the replaced equipment
and is located no closer to the property line than the old equipment.
1.
Exemption:
One emergency standby generator per property may be located as close
as five feet from a rear property line, provided that the generator
footprint is no larger than 16 square feet, it does not exceed four
feet in height, and test cycles are not performed between the hours
of 7:00 p.m. and 8:00 a.m., Monday through Friday or any time Saturday
or Sunday.
[Ord. 1972-10, 10/16/1972, Art. V, § 518]
Required rear yards may be occupied by an accessory garage for
accessory garage use and other permitted accessory buildings, structures,
or use, provided that:
1.
Such accessory building, structure, or use shall be situated not
less than the distance required for side yards in the district in
which such building, structure or use is located;
2.
Not less than 15 feet further back from the street line than the
rearmost portion of the principal building; and
3.
Such accessory building, structure, or use shall not exceed 15 feet
in height.
[Ord. 1972-10, 10/16/1972, Art. V, § 519]
In the case of a triangular lot with no rear lot line, the distance
between any point on the building and corner of the lot farthest from
the front lot line shall be at least twice the minimum depth specified
in § 502.
[Added by Ord. 1982-23, 1/17/1983, § 1]
Subject to § 507, the provisions of § 502
shall not apply to fences, hedges, or walls not over seven feet high
above natural grade, nor to terraces, steps, uncovered porches, or
other similar features not over three feet high above the floor of
the ground story.
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F.
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Building Spacing an Height Regulations.
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[Ord. 1972-10, 10/16/1972, Art. V, § 520]
The building spacing percent, as specified in § 502,
is the minimum percent ratio of horizontal distance between facing
walls of any two buildings on one lot, one of which is residential,
and the height of the taller of the two buildings.
1.
The minimum horizontal distance between facing walls of any two buildings
on one lot, one of which is a residential building, shall be at their
closest point at least the greater of (i) 25 feet; or (ii) the distance
which bears the minimum ratio specified in § 502, Table
of Dimensional Requirements.
2.
Facing walls are defined as walls opposite to and parallel with one
another or wall lines or extensions of wall lines of opposite walls
which intersect at angles of less than 65°.
[Ord. 1972-10, 10/16/1972, Art. V, § 521; as amended
by Ord. 1978-6, 5/15/1978, § 5; and by Ord. 2005-3, 3/3/2005,
§ 7]
1.
No building shall exceed the maximum height of buildings specified
in § 502 except as specified in § 523.
2.
Height shall be measured from the grade plane of the building to
the highest point of the roof for flat roofs, to the decklines of
mansard roofs and to the mean height between eaves and ridge for gable,
hip and gambrel roofs.
3.
For height exceptions of rooftop mechanical systems or elevator penthouses
see § 523.
[Ord. 1972-10, 10/16/1972, Art. V, § 522; as amended
by Ord. 1978-6, 5/15/1978, § 6]
Penthouses whose purpose is to handle the equipment necessary
for required elevator installation or rooftop mechanical equipment
shall not exceed 12 feet in height above the finished roof line. All
rooftop mechanical systems shall be visually screened, the design
of which shall be subject to the approval of the Planning Commission
and Borough Council.
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G.
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Building Coverage and Floor Area.
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[Ord. 1972-10, 10/16/1972, Art. V, § 523; as amended
by Ord. 1978-6, 5/15/1978, § 7]
The lot coverage is the maximum percent of the total lot area
which may be covered by the ground floor area of any building or buildings.
For any building or group of buildings on a lot, neither the
building coverage nor the floor area requirements shall exceed the
maximum percentiles specified in § 502.
1.
The floor area ratio is the maximum square-foot amount of total floor
area permitted for each square foot of lot area.
2.
Where a maximum floor area ratio is specified in § 502,
no development shall be permitted which exceeds the floor area permitted
as specified.
3.
For all multifamily low-rise and high-rise dwellings, lot coverage
shall include all impervious surfaces in addition to land covered
by the ground floor area of any building or buildings. Coverage of
the gross site area by impervious surfaces shall not exceed 40% for
multifamily low rise dwellings and 42% for multifamily high-rise dwellings.
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H.
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Open Space and Recreation Space Requirements.
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[Ord. 1972-10, 10/16/1972, Art. V, § 524; as amended
by Ord. 1978-6, 5/15/1978, § 8]
1.
Open space is land that shall be provided for the purpose of recreation,
resource protection, amenity, or buffers; is freely accessible to
all residents; and is protected by the provisions of this Chapter
to ensure that it remains in such uses. Open space does not include
land occupied by buildings, roads, or road rights-of-way; nor does
it include the yards or lots 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
uses which may contain impervious surfaces. Such impervious surfaces
shall be included in the calculation of the impervious surface ratio.
2.
Where a minimum amount of open space is specified in § 502,
no development shall be permitted which provides less open space than
that specified.
3.
Cluster Development (R-2-A District), multifamily low-rise and multifamily
high-rise development shall meet the open space requirements of the
Zoning Chapter. The plan shall contain or be supplemented by such
material as required to establish the method by which open space shall
be perpetuated, maintained, and administered. The plan and other materials
shall be construed as a contract between the land owner(s) and the
municipality, and shall be noted on all deeds.
4.
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
spaces and community facilities.
5.
All land held for open space shall be so designated on the plans.
The plans shall contain the following statement for the lands in categories
A, B, or C below: "Open space land may not be separately sold, nor
shall such land be further developed or subdivided." All subdivision
plans shall further designate the use of open space, the type of maintenance
to be provided, and a planting plan or schedule. In designating use
and maintenance, the following classes may be used.
A.
Lawn. A grass area with or without trees which may be used by the
residents for a variety of purposes and which shall be mowed regularly
to insure a neat and tidy appearance.
B.
Natural Area. An area of natural vegetation undisturbed during construction,
or replanted. Such areas may contain pathways. Meadows shall be maintained
as such and not left to become weed-infested. Maintenance may be minimal,
but shall prevent the proliferation of weeds and undesirable plants
such as honeysuckle and poison ivy. Litter, dead trees and brush shall
be removed, and streams shall be kept in free-flowing condition.
C.
Recreation Area. An area designated for a specific use, including
but not limited to tennis, swimming, shuffle board, playfield, and
tot lot. Such areas shall be maintained so as to avoid creating a
hazard or nuisance, and shall perpetuate the proposed use.
6.
Designated planting and recreation facilities within the open space
areas shall be provided by the developer. A performance bond or other
securities may be required to cover costs of installation in accordance
with provisions of the subdivision ordinance.
7.
All open space, shown on the Final Development Plan as filed in the
office of the Borough Manager of Doylestown and subsequently recorded
in the Office of the Recorder of Deeds of Bucks County, must be conveyed
in accordance with one or more of the following methods:
A.
Dedication in fee-simple to the Borough of Doylestown may, but shall
not be required to, accept any portion of the open space, provided:
B.
By conveying title (including beneficial ownership) to a corporation,
association, funded community trust, condominium or other legal entity.
(1)
The terms of such instrument of conveyance must include provisions
suitable to the Borough for guaranteeing:
(a)
The continued use of such land for the intent purpose;
(b)
Continuity of proper maintenance for those portions of the open
space requiring maintenance;
(c)
The availability of funds required for such maintenance;
(d)
Adequate insurance protection;
(e)
Provisions for payment of applicable taxes;
(f)
Recovery for loss sustained by casualty, condemnation, or otherwise;
(g)
Such other covenants and/or easements that the Borough shall
deem desirable to fulfill the purposes and intent of this Chapter.
(2)
The following are prerequisites for such a corporation or association:
(a)
It must be set up before any homes or dwelling units are sold
or leased or otherwise conveyed.
(b)
Membership must be mandatory for each buyer and/or lessee and
any successive buyer and/or lessee.
(c)
It must be responsible for liability insurance, taxes, recovery
for loss sustained by casualty, condemnation or otherwise, and the
maintenance of recreation and other facilities.
(d)
Members of beneficiaries must pay their pro rata share of the
costs, and the assessment levied can become a lien on the property.
(e)
It must be able to adjust the assessment to meet conditions.
(f)
Such corporation or association shall not be dissolved nor shall
it dispose of the open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space. The
corporation or association must first offer to dedicate the open space
to the Borough before any such sale or disposition of the open space.
(3)
The dedication of open space, streets or other lands in common
ownership of the corporation, association or other legal entity, or
the Borough, shall be absolute and not subject to reversion for possible
future use for further development.
(4)
All documents pertaining to the conveyance and maintenance of
the open space shall meet the approval of the Borough Solicitor as
to legal form and effect and to the Planning Commission as to suitability
for the proposed use of the open space.
[Ord. 1972-10, 10/16/1972, Art. V, § 525; as amended
by Ord. 1978-6, 5/15/1978, § 9]
1.
Definition: recreation space is defined as the part or parts of a
lot designed and developed for use by the occupants of the lot for
recreation, gardens, or any leisure activities. Such spaces shall
be effectively separated from automobile traffic and readily accessible
by all those for whom it is required. At least 75% of the area shall
have a grade of less than 8% and all recreation space counted in this
computation shall be at least 20 feet away from any residential wall
containing a window. Finally, each individual recreation space counted
shall have minimum dimensions of 100 feet.
2.
Where a minimum amount of recreation space is specified in § 502,
no development shall be permitted which provides less recreation space
than that specified.
