Township of Doylestown, PA Article IV Use Regulations

§ 175-14 Applicability.

A. Except as provided by law or this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted in the zoning districts as indicated herein.

B. The preceding provision shall apply; except, however, there shall be an exemption from the requirements of this chapter for municipal utilities which are defined as those services rendered by Doylestown Township or the Doylestown Township Municipal Authority,[1] including the appurtenances owned, or to be owned, by the Township or Authority and used in connection with the supplying of public services. Any existing or proposed structure, or extension thereof, used or to be used by the Township or the Authority for the purpose of providing municipal utilities shall be exempt from the area, dimensional, parking and use regulations as otherwise would be required by this chapter.

[Added 8-17-1999 by Ord. No. 278]

[1] Editor's Note: See Ch. 5,Authorities, Municipal.

§ 175-15 Uses subject to other regulations.

A. All uses permitted by right or special exception shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surfaces, easements, buffer yards, off-street parking and such other provisions as are specified in other articles herein.

B. All uses permitted in the Township shall be subject, in addition to these chapter regulations, to all other applicable Township, county, state or federal requirements and licensing regulations and to the requirements of any other agency having jurisdiction over such matters. These include, but are not limited to, regulations for licensing of human service activities, requirements for accessibility of the disabled, sewage disposal requirements, water supply regulations, soil erosion and sedimentation control requirements, floodplain regulations, state road regulations and fire protection requirements.

[Amended 12-16-1997 by Ord. No. 268]

C. No zoning permit shall be issued until approval is obtained from the Bucks County Department of Health for sewage disposal, unless the premises are served by public sewage facilities, in which case the agency providing sewage disposal services shall be required to provide evidence that the property will be served by public sewerage.

[Added 12-16-1997 by Ord. No. 268]

§ 175-16 Uses enumerated; use regulations.

A. Agricultural uses.

(1) A-1. Agriculture and horticulture. Agriculture and horticulture shall be limited to uses such as tilling of soil; raising of livestock; growing trees, shrubs, flowers or vegetables; and related farmhouses and usual farm buildings; single-family detached dwellings for the sole use of individuals and their immediate families engaged in agricultural employment on the same site or for the immediate family of the landowner or for persons engaged in agricultural employment on the property.

(a) All buildings associated with the use, i.e., barns, sheds, silos, etc., shall be permitted, provided that no building shall be located any closer than 100 feet to any street line, proposed street line or a dwelling other than the owner's dwelling and not less than 50 feet from any other property line. Any building or structure used for the keeping or raising of livestock, horses or poultry shall be situated not less than 100 feet from any street line or property line.

(b) A nursery or produce sales yard or farm stand or farm market, as part of this use, shall be permitted for the sale of products grown on the property. In addition, the buying of some plants or products for resale will be permitted, so long as the buying and resale does not result in the cultivation and sale of products produced on the property becoming mere accessories to the commercial buying and resale. Access to the tract must be controlled by physical means to limit access to two points. The access points shall be no more than 24 feet wide, and the location of the use shall not be closer than 60 feet to any intersection. Sales buildings or stands shall comply with the minimum setback requirements of the district. Such use does not include landscape contracting.

[Amended 1-15-2019 by Ord. No. 394]

(c) The minimum lot area shall be two acres, except as specified below.

[1] The keeping of livestock, horses, or poultry shall be limited to lots of at least five acres in area and shall be limited to one head of livestock or horse or 10 fowl per acre.

[2] Intensive agriculture, such as mushroom houses, feedlots or confinement livestock or poultry operations, taking place in structures or closed pens shall require a minimum lot size of five acres and shall not be situated less than 30 feet from any stream, swale or body of water.

(d) A plan must be submitted to the Zoning Officer and constantly maintained for the disposal of deceased animals and birds by controlled incineration or by being removed from and disposed of off the premises no later than 24 hours after the same are deceased where the use involves feedlots or confinement livestock or poultry operations.

(e) A plan must be submitted setting forth and indicating the system by which liquid and solid waste will be disposed of and shall be in accordance with the Pennsylvania Department of Environmental Resources manual, "Manual Management for Environmental Protection," where the use involves feedlots or confinement livestock or poultry operations.

(f) This use shall not include riding academies, livery or boarding stables, commercial dog kennels and the raising of fur-bearing animals.

(2) A-2. Riding academy. Riding academy, livery or boarding stable, subject to the following provisions:

(a) A lot area of not less than 10 acres shall be required.

(b) Dwellings and accessory farm buildings shall be permitted in accordance with the regulations for agriculture and horticulture use A-1.

(c) No more than one horse per acre shall be permitted.

(3) A-3. Kennel. The keeping of more than four dogs, cats, ferrets or other animals customarily kept as household pets that are more than four months old for breeding, training, selling or boarding for a fee is permitted, provided that the following conditions are met.

(a) Minimum lot size shall be five acres.

(b) No animal shelter or runway shall be located closer than 300 feet to any residential building other than the owner's or closer than 100 feet to the property line.

(c) The kennel shall be constructed so that the animals cannot stray therefrom.

(d) All animals must be kept indoors between 10:00 p.m. and 7:00 a.m.

B. Residential uses.

(1) B-1. Single-family detached dwelling.

(2) B-2. Single-family semidetached (twin). Such uses shall be served by public water and public centralized sewage systems.

(3) B-3. Two-family detached dwelling (duplex). Such uses shall be served by public water and public centralized sewage systems.

(4) B-4. Single-family attached (townhouse).

(a) Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than eight such buildings may be so attached in any one group.

(b) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged. In any case, a minimum of two feet variation in setback shall occur at least every third dwelling.

(c) Such uses shall be served by public water and public centralized sewage systems.

(d) In addition to the minimum yard requirements for each unit, a group of single-family attached dwellings shall meet the following yard requirements for the group development:

[1] Front yard: 100 feet.

[2] Side yard: 50 feet each side.

[3] Rear yard: 75 feet.

[4] Minimum lot width: 300 feet.

(5) B-5. Two-family semidetached. Such uses shall be served by public water and public centralized sewage systems.

(6) B-6. Multifamily. An attached dwelling unit may be arranged in a variety of configurations: side by side, back to back or vertically. Access shall be by way of an individual outside entrance to each dwelling unit.

[Amended 2-18-1992 by Ord. No. 213]

(a) The maximum length of such a building shall be 180 feet.

(b) Multifamily units shall be arranged in groups or clusters and not in long rows parallel to street lines.

(c) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be used.

(d) The distance between any two buildings, either of which faces or backs upon the other in whole or in part, shall not be less than 75 feet.

(e) The distance between the ends of two buildings, similarly oriented and without openings or windows in the end walls, shall not be less than 24 feet.

(f) The distance between any building face and a parking area shall not be less than 20 feet.

(g) All multifamily developments shall be served by public water and public centralized sewage disposal facilities.

(h) The following yard requirements for multifamily development shall apply:

[1] Front yard: 100 feet.

[2] Side yard: 75 feet each side.

[3] Rear yard: 75 feet.

[4] Minimum lot width: 300 feet.

(i) Where individual dwelling units do not have separate lots, there shall be an area at least 20 feet along the outside perimeter of the dwellings which shall be available to the residents of the dwellings, but which shall not be considered and/or counted as required open space.

[Added 12-16-1997 by Ord. No. 268]

(j) Required open space shall be separated from the rest of the development by means of a fence or planted buffer so that open space areas are clearly defined.

[Added 12-16-1997 by Ord. No. 268]

(7) B-7. Single-family detached cluster. A single-family detached cluster use shall be limited to single-family detached dwellings on individual lots. Cluster development is intended to provide flexibility in the design of residential developments and to preserve open space and provide other public amenities and services by permitting a reduction in residential lot size. Cluster development may be used to provide for open space, protection of critical natural features not protected by other regulations, park land, recreational facilities, community facilities, historic sites or other public uses.

(a) All single-family detached dwelling units within a cluster development shall include front, rear and side yards.

(b) The tract of land to be developed shall be a minimum of 10 acres and shall be in single and separate ownership or shall be the subject of an application filed jointly by all the owners of the entire tract who shall stipulate that the entire tract will be developed in accordance with the approved plan.

(c) All dwelling units shall be served by a public sewage disposal system or a nonpublic centralized sewer system acceptable to the Board of Supervisors, the Bucks County Department of Health and the Pennsylvania Department of Environmental Resources and shall be served by a centralized water supply system, either public or nonpublic.

(d) Areas set aside for open space shall be part of the same tract as the proposed cluster development, be suitable for the designated purpose and shall be consistent with the future land use plan policies of the Township. Any such area shall contain no structure other than a structure related to the purposes of the open space. Where structures are included in the open space, no more than 5% of the total open space area may be used for buildings.

(e) Open space shall be uninterrupted by unrelated buildings or drives and appropriately landscaped and designated as open space. Open space areas shall be interconnected with open space areas on abutting parcels whenever possible. It shall be incumbent upon the applicant to demonstrate that the open space configuration meets the intent of the cluster philosophy and the goals of the Township and is compatible with the surrounding areas.

(f) Any land set aside as open space which is of such a size as may be capable of future subdivision under the regulations of this chapter must be made subject to a deed restriction, conservation easement or agreement acceptable to the Board of Supervisors and duly recorded in the Bucks County Recorder of Deeds Office.

(g) Open space shall be offered for dedication to Doylestown Township, which shall have the sole discretion to accept the open space.

[Amended 12-16-1997 by Ord. No. 268]

(8) B-8. Mixed residential subdivision.[1] A subdivision in which a mixture of types of residential dwelling units is encouraged to promote sound land use planning and to provide a variety of housing choices. In a mixed residential subdivision, the following regulations must be met:

(a) The mixed residential subdivision shall be constructed in accordance with an overall plan.

(b) The development shall consist of a harmonious grouping of buildings, parking areas, circulation system and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient and convenient residential site.

(c) There shall be adequate provisions for safe and efficient pedestrian and vehicular traffic circulation within the site and for ingress and egress to and from public streets and highways serving the site without undue congestion of or interference with the normal traffic flow within the region.

(d) If the development is to be carried out in successive stages, each stage must be planned so that the requirements of this chapter shall be fully complied with by the development at the completion of any stage.

(e) All mixed residential subdivisions shall conform to the minimum standards for a mix of dwelling unit types as set forth below:

	Number of Dwellings in Subdivision	Minimum Required Number of Dwelling Unit Types	Maximum Percent of Any Dwelling Unit Type
	1 to 40	1	100
	41 to 85	2	70
	85 or more	3	40

(f) Such uses shall be served by public water and public centralized sewage systems.

[1] Editor's Note: See also Ch. 153, Subdivision and Land Development.

(9) B-9. Single-family detached residential development with lot averaging. Such use shall be permitted for single-family detached dwellings, provided that where lands are offered in dedication to the Township or a municipal entity designated by the Board of Supervisors to receive said lands, which said lands shall be used for public facilities and public purposes such as sewer treatment plants, construction of new roadways, public parks and public recreation areas, and the Board of Supervisors, in its sole and absolute discretion, chooses to accept all or a portion of lands so offered, the minimum size of the approved building lots on the balance of the property (the gross site less the area to be dedicated for public purposes) to be subdivided may be modified in accordance with the specifications set forth in the specific district requirements herein and with the following criteria:

(a) The project is to be served by public water and public centralized sewer services.

(b) The total number of lots within the development proposed shall not exceed the number of lots which would be permitted if the tract were to be developed using single-family detached cluster development (use B-7) or, in districts where use B-7 is not permitted, single-family detached development (use B-1). Prior to approval of any subdivision plan for lot averaging, the applicant shall submit an engineered sketch plan which shall establish the maximum number of lots which could otherwise be developed in accordance with the requirements for use B-1 for the district in which the development is proposed. The proposed development using lot averaging shall not exceed the maximum number of lots otherwise obtainable.

(c) As a condition precedent to approval of the final subdivision plan by the Board of Supervisors, the applicant shall deliver to the Township for recording a deed of dedication for the lands which the Board of Supervisors, in its sole and absolute discretion, has chosen to accept, title to the same to be free and clear of all liens and encumbrances and of a quality for recording acceptable to the Board of Supervisors, upon advice of its Solicitor, all costs of transfer and recording to be borne by the applicant.

(10) B-10. Residential conversion. Such use shall be limited to the conversion of an existing dwelling into more than one dwelling or the conversion of an accessory building into no more than one dwelling, provided that:

(a) Such use shall be permitted as a special exception with approval of the Zoning Hearing Board only for structures which have been officially designated by the Township as being historic structures.

(b) Each dwelling unit shall have not less than 750 square feet of floor area.

(c) The lot area per family shall not be reduced thereby to an amount less than 75% of that required by this chapter for the district in which the designated lot is located.

(d) There shall be no external alteration of the building area except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practical, be located on the rear of the building.

(e) The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such buildings and may prescribe such further conditions and restrictions as the Board may consider appropriate and reasonable.

(f) The conversion shall be authorized only for a structure with relatively little economic usefulness as a conforming use.[2]

[2] Editor's Note: Former Subsection B(10)(g), regarding annual inspections for residential conversions, which immediately followed this subsection, was repealed 2-16-2021 by Ord. No. 401.

(11) (Reserved)[3]

[3] Editor’s Note: Former Subsection B(11), which pertained to use B-11, community home, was repealed 1-15-2019 by Ord. No. 394.

(12) B-12. Guesthouse/bed-and-breakfast. The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent subject to the following additional conditions and restrictions:

(a) No more than two adults and two children may occupy one guest room.

(b) The minimum lot size for the guesthouse use shall be one acre for the first two guest rooms and 20,000 square feet for each additional guest room. In no case shall the lot area be less than that required for single-family detached dwellings in the district in which the proposed guesthouse is located.

(c) The off-street parking and off-street loading provisions and provisions relating to highway frontage contained in this chapter shall apply.

(d) At least one bathroom shall be provided for each two guest rooms.

(e) No external alterations, additions or changes to the exterior structure shall be permitted except as required by any governmental agency for safety reasons.

(f) The use shall be carried on primarily by members of the immediate family which must reside on the premises. Nonresident employees shall be limited to two in addition to the resident members of the family. There may be a resident employee on the property whose living quarters shall be exclusive of those provided for guests.

(g) There shall be no separate kitchen or cooking facilities in any guest room.

(h) The maximum uninterrupted length of stay at a guesthouse shall be 14 days.

(i) The use of any amenities provided by the guesthouse, such as swimming pool or tennis courts, shall be restricted in use to guests of the establishment. The serving of meals shall be restricted to the guests of the establishment.

(j) There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single nonilluminated sign which meets the regulations set forth in this chapter.

(k) If the facility is served by an on-lot water supply system and/or an on-lot wastewater disposal system, the applicant shall demonstrate to the satisfaction of the Bucks County Health Department and the Board of Supervisors that these on-lot facilities are adequate to serve the maximum number of guests which could be housed at the facility at any one time.

(l) Such use shall be restricted to structures which are officially designated as historic structures by the Board of Supervisors.

(13) B-13. Manufactured home community. A manufactured home community is a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes and meeting the regulations set forth in Article IX herein.

[Amended 11-4-1991 by Ord. No. 208; 2-16-2021 by Ord. No. 401]

(14) B-14. Senior citizen housing. Senior citizen housing is limited to residential developments designed and operated for mature adults.

(a) Applications for senior citizen housing developments shall be accompanied by a proposed set of regulations including definitions of age and income limitations and admissions procedures.

(b) Senior citizen housing shall be designed to serve persons aged 55 and over and persons with disabilities as defined by the Social Security Act.

(15) B-15. Single-family attached dwelling units in conjunction with use of historic structures:[4]

[Added 12-16-2003 by Ord. No. 315]

(a) Dwellings shall be arranged in groups or clusters and not in long rows parallel to street lines. No more than four such buildings may be so attached in any one group.

(b) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be encouraged. In any case, a minimum of two-feet variation in setback shall occur at least every second dwelling.

(c) Such uses shall be served by public water and a public centralized sewage systems.

(d) Minimum area/yard requirements for each unit if the underlying zoning is R-1:

[1] Minimum required lot area: 4,000 square feet.

[2] Minimum required lot width: 30 feet.

[3] Yard setbacks:

[a] Front yard: 20 feet.

[b] Side yard: 5 feet (one side only).

[c] Rear yard: 25 feet, provided; however, that the Board of Supervisors may reduce the minimum rear yard requirement to 15 feet for 20% of the dwelling units provided the units are not in a back-to-back configuration with any other proposed dwelling units.

(e) Minimum area/yard requirements for each unit if the underlying zoning is R-1a:

[1] Minimum required lot area: 4,000 square feet.

[2] Minimum required lot width: 30 feet.

[3] Yard setbacks:

[a] Front yard: 20 feet.

[b] Side yard: 10 feet.

[c] Rear yard: 25 feet.

(f) Condominium ownership of the units is permitted, provided it is demonstrated that each unit would meet the minimum area/yard requirements under this subsection.

(g) In addition to the minimum yard requirements for each unit, a group of single-family attached dwellings (two or more) shall meet the following yard requirements for the tract development:

[Amended 1-15-2019 by Ord. No. 394]

[1] Front yard: 65 feet.

[2] Side yard: 75 feet.

[3] Rear yard: 75 feet.

[4] Minimum base site area: 10 acres.

[5] Maximum net density: 2.0 dwelling units per acre in the R-1 Zoning District and 1.0 dwelling unit per acre in the R-la Zoning District.

[6] Minimum open space ratio: 50%.

[7] Maximum impervious surface ratio: 40% in the R-1 Zoning District and 20% in the R-la Zoning District.

(h) The open space created shall be owned and maintained by Doylestown Township and/or a homeowners' association, or a combination thereof, which said determination shall be made by the Township Board of Supervisors.

(i) The applicant shall submit architectural renderings for the proposed building units which must be approved by the Board of Supervisors of Doylestown Township. The architecture of the proposed buildings shall be compatible and consistent with the historic structures located on the tract.

(j) This use shall only be permitted if the tract contains a structure or structures identified as eligible historic resources in accordance with the provisions of § 175-30A of the Doylestown Township Codified Zoning Ordinance of 1988, and said historic structure or structures must be preserved as part of the use. The detached historic structure may remain as a single-family dwelling although the balance of the tract may be developed utilizing use B-15.

[4] Editor's Note: See also Ch. 102, Historic Districts.

(16) B-16. Senior affordable housing use in coordinated development ("senior affordable housing use"). A residential housing development comprised of multigenerational and mixed-income (market rate and income-qualified) dwelling units in an integrated development within walking distance of public commercial and professional areas and having direct access to public park amenities. "Walking distance" shall be the measurement of 1/2 mile from the intersection of State Street and Main Street in Doylestown, measured by the direct line radius from the center of the intersection to the lot. The following provisions and standards shall apply solely to use B-16:

[Added 12-19-2023 by Ord. No. 413]

(a) The following residential unit types shall be permitted in a senior affordable housing use. A dwelling unit mix of up to three unit types may be permitted, which said unit types are as follows:

[1] B-1 single-family semi-detached.

[2] B-4 single-family attached (townhouse).

[3] B-5 two family semidetached.

[4] B-6 multifamily.

[5] B-14 senior citizen housing.

[6] B-16a senior affordable apartment.

In addition, nonresidential amenities and uses shall be permitted as accessory uses in the B-16a senior affordable apartment, to meet the needs of the residents: including multipurpose room, fitness facility, medical office, and eatery.

(b) Affordability requirement.

[1] To qualify as a senior affordable housing use: (i) a minimum of 20% of dwelling units shall be senior (62 years or older) income-qualified rental units with rents set to be affordable to household earning no more than 60% of area median income; and (ii) a deed restriction shall be recorded with the Recorder of Deeds of Bucks County memorializing the affordability requirement for a period of 40 years.

[2] Definitions related to affordability:

AFFORDABLE RENT

As defined by the U.S. Department of Housing and Urban Development ("HUD"), "affordable rent" is housing for which the occupant(s) is/are paying no more than 30% of his or her income for gross housing costs including utilities.

AREA MEDIAN INCOME (AMI)

The estimated median income, adjusted for family size, in the region comprised of Doylestown Township.

HOUSING FOR OLDER PERSONS

Housing:

[a] Provided under any state or federal program that the Secretary of HUD has determined to be specifically designed and operated to assist elderly persons; or

[b] Intended for and solely occupied by persons 62 years of age or older.

MARKET RATE RENT

The prevailing monthly cost for rental housing without affordability restrictions and without any subsidy or assistance from a public program.

MEDIAN INCOME

A statistical number set at the level where 1/2 of all households have income above it and half below it.

QUALIFYING INCOME

Households earning below 60% of the area median income.

(c) Dimensional standards. The following dimensional standards shall apply to the use B-16, senior affordable housing use, and shall supersede any conflicting dimensional standards otherwise applicable to any individual unit type.

[1] Minimum tract area:

[a] The minimum development tract size shall be five gross acres for development that includes the use B-6 multifamily dwelling type.

[b] The minimum development tract size shall be three gross acres for development that includes the use B-16a, senior affordable apartment dwelling type.

[c] The minimum development tract size for developments utilizing all other dwelling types shall be two gross acres.

[2] Front yard: 10 feet. The open unoccupied space between the front building line and the street right-of-way line for the full width of the lot. In the case of a flag lot or a lot without frontage on a public street right-of-way, the yard extending along the interior lot line which is generally parallel to and closest to the street line is a "front yard."

[3] Rear yard: 25 feet.*

[4] Side yard: 10 feet.*

[5] Impervious coverage: maximum impervious coverage shall be 60% of gross lot area.

[6] Building coverage: maximum building coverage shall be 30% of gross lot area.

[7] Building height: 50 feet or four stories, whichever is less

[8] Building separation: to promote an integrated and walkable community, building separation shall be 24 feet.

*	All required setbacks for the Use B-16 Senior Affordable Housing Use shall be measured from the lot boundary.

(d) Density. The maximum density for a senior affordable housing use shall be a function of the percentage of total units that meet the affordability requirement, as follows:

[1] Over 20% affordable housing units: six units per gross acre.

[2] Over 30% affordable housing units: 12 units per gross acre.

[3] Over 40% affordable housing units: 18 units per gross acre.

[4] Over 50% affordable housing units: 24 units per gross acre.

[5] Over 60% affordable housing units: 30 units per gross acre.

(e) Additional regulations.

[1] Parking.

[a] Senior affordable apartment requirement: 0.75 spaces per one-bedroom apartment unit (use B-16a); one space per two-bedroom apartment unit (use B-16a).

[b] All other units in a senior affordable housing use shall provide two parking spaces per residential dwelling unit, of not less than nine feet by 18 feet in dimension, which may include enclosed private garages.

[c] Parking setback from lot boundary: 10 feet.

[d] Parking islands shall not be required between parking rows.

[2] Sidewalks. Internal sidewalks shall be no less than five feet in width.

[3] Internal streets.

[a] Private streets.

[b] Private streets shall have a minimum cartway width of 24 feet exclusive of any on-street parking.

[c] Alleys.

[d] Alleys shall have a minimum cartway width of 12 feet.

[e] On-street parking shall not be permitted along alleys.

[f] Frontage on an alley shall be permitted to satisfy the street frontage requirement for residential units in a use B-16 development.

[4] Driveways, alleys and private streets shall be permitted to abut the side and rear lot lines of any permitted residential unit types and may be located in required yards were planned for convenient circulation suitable for traffic needs and safety.

[5] Buffer yards.

[a] A buffer yard shall not be required along a side property line for the use B-16 senior affordable housing use, except where the development abuts a residential zoning district or an existing residential use. In lieu of a buffer yard, screening in the form of a fence and/or landscaping shall be installed in all side yards.

[b] The requirements of § 175-21 shall otherwise apply.

(f) Environmental protection standards. The following environmental protection standards shall apply in lieu of the requirements specified in Article V, § 175-27D(5):

[1] Resource protection ratio for woodlands: 20% of woodlands shall remain totally undisturbed as resource protected land and shall be protected during construction from root compaction by equipment and materials, mechanical damage or change in grade level.

(17) Village Carriage Home: Attached dwelling units in close proximity to Fountainville Village. The use provides a greater variety of housing and promotes a mixture of uses in the Village area where commercial, office, and medical office facilities are already established. Each unit may have vertical or horizontal party walls in common with other dwelling units. No fewer than two nor more than six units shall be attached in any structure. The community shall be walkable by providing on-site and off-site pedestrian improvements to the Village. On-site walking trails/sidewalks and community gathering area to include gazebos, benches and the like are required. All exterior building surfaces, landscaping, walks, outdoor amenities, and parking facilities are to be maintained by a homeowner's association. In a Village Carriage Home development, the following standards must be met:

[Added 12-17-2024 by Ord. No. 427]

(a) The minimum gross site area shall be five acres.

(b) The maximum gross site area shall be 10 acres.

(c) The site shall be located walking distance from Fountainville Village and shall provide a direct pedestrian connection to the Village via public sidewalks or walking trails. "Walking distance" shall be the measurement of 1/2 mile from the intersection of Swamp Road and Ferry Road, measured from the center of the community gathering area.

(d) The maximum permitted net density shall be six dwelling units per acre of Net Buildable Site Area.

(e) The maximum length of a building shall be 180 feet. Any building greater than 90 feet long shall have at least one break in the facade of at least four feet.

(f) To create architectural interest in the layout and character of housing fronting streets, variations in setbacks, materials and design shall be used. In any case, a minimum of two-feet variation in setback shall occur at least every second dwelling. All houses shall include brick and/or stone facade on a portion of the front elevation.

(g) All Village Carriage Home communities shall be served by public water and public centralized sewage disposal facilities.

(h) Dimensional and bulk requirements:

[1] Minimum lot width at building setback line shall be 100 feet.

[2] Maximum building coverage shall be 25%.

[3] Maximum impervious coverage shall be 60%.

[4] Maximum building height shall be 35 feet.

[5] Minimum yard requirements:

[a] Minimum front yard shall be 30 feet.

[b] Minimum side yard shall be 30 feet.

[c] Minimum rear yard shall be 30 feet.

[d] Where a property directly abuts a residential zoning district, the side and rear yards directly abutting the residential parcel shall be increased to 50 feet, which shall not be used for parking areas, primary buildings, accessways or driveways but which shall be used for buffer plantings and landscaped space only.

[e] Decks and uncovered porches may extend up to 10 feet into a required yard area.

(i) The minimum distance between any two buildings shall be 20 feet.

(j) The minimum width of an on-site private shared access drive shall be 24 feet.

(k) The minimum depth of a driveway for an individual dwelling unit shall be 22 feet. The maximum depth of a driveway for an individual dwelling unit shall be 40 feet.

(l) Additional parking requirements:

[1] The requirements of § 175-23B(2) shall not apply to Village Carriage Home communities fronting on neighborhood collector or lower classification roads. Parking shall be set back a minimum of 20 feet from the right-of-way of neighborhood collector or lower classification roads.

[2] A parking ratio of 2.5 spaces per dwelling unit is required. Garage spaces do not count towards required parking spaces.

[3] Where not otherwise specified, parking shall be set back a minimum of 20 feet from all other property lines.

(m) Perimeter buffer. A 50-foot buffer is required where a property abuts a residential use. A 20-foot buffer is required where a property abuts a nonresidential zoning district or public roadway. The entire perimeter of the property shall be landscaped to provide a visual screen in all open areas located between the buildings and the property lines exclusive of parking areas, walking trails, accessways, driveways, sidewalks, stormwater detention basins, and passive recreation areas. Privacy and decorative fencing or walls may be incorporated into the perimeter buffer. The perimeter buffer shall comply with Zoning § 175-21A, B, D.

(n) Environmental protection ratios under § 175-27D and E shall apply, except that a woodlands protection ratio of 40% shall be required. All healthy, mature trees that are located within the perimeter buffer shall be protected to the extent as is reasonably possible.

C. Religious, educational, recreational and institutional uses.

(1) C-1. Place of worship. Such use shall be limited to a church, synagogue, monastery or other place of worship, provided that:

(a) Access shall be to a collector or arterial highway or to a street which lies within 1,000 feet of a collector or arterial highway;

(b) Minimum yards. Where said use abuts a residential use, the minimum yard requirements shall be doubled, but in no case shall be less than the following:

[1] Front yard: 100 feet.

[2] Side yard: 50 feet each.

[3] Rear yard: 50 feet.

(c) The minimum lot area shall be five acres.

(2) C-2. School. A school shall be limited to a private school, religious or nonreligious, a public school or a college or university, operated by a public or quasi-public institution, which is not conducted as a private, gainful business as a commercial school and is licensed under the proper governmental authority, provided that:

(a) The minimum lot area for elementary schools, junior high schools, middle schools or high schools shall meet the minimum requirements of the Pennsylvania State Board of Education.

(b) Outdoor play areas shall be screened so as to protect adjacent residential neighborhoods from inappropriate noise and other disturbances.

(c) Minimum yards shall be as follows:

[1] Front yard: 200 feet.

[2] Side yard: 100 feet each.

[3] Rear yard: 200 feet.

(d) There shall be no outdoor storage of buses on the property.

(e) Colleges and/or universities shall be permitted to operate on their property ancillary uses, facilities and/or events operated by an entity other than the college/university subject to the following provisions:

[Added 3-15-2022 by Ord. No. 406]

[1] Terms used in this section shall have the following meanings:

COLLEGE/UNIVERSITY

A post-secondary institution for higher learning that grants associate, bachelor, masters, professional, and/or doctoral degrees. This also includes community colleges that grant associate or bachelor degrees or certificates in business, technical, or other fields.

[2] Uses included as part of the college/university that are not considered ancillary and subject to the additional provisions of this section are dormitories, classrooms, theaters/auditoriums, libraries, museums, places of worship, athletic fields, gymnasiums, retail bookstores selling paraphernalia, food service facilities owned and/or operated by the college/university or by a third party, provided said food service is for students and staff pursuant to an agreement with the college or university, pools, events run exclusively by the college/university, and other similar uses directly related to the programs of study offered by the college/university.

[3] A use, facility and/or event operated on college/university property by an entity other than the college/university shall be required to submit to the Township, for review, a signed agreement between the entity and the college/university. The agreement shall demonstrate cooperation between both entities, including how the use, facility and/or event provides a significant benefit to the college/university and its students and staff, which said benefit shall include, but not be limited to, opportunities for student enrichment and/or employment. The relationship between the college/university and the entity may be contained in a separate cooperation agreement and not set forth within the business terms of the agreement between the college/university and the entity.

[4] Retail uses operated on college/university property by an entity other than the college/university shall be permitted, provided:

[a] No less than 75% of the square footage of the retail use shall be dedicated to the display and sale of nursery, horticultural and/or agricultural products.

[b] The maximum area or the structure(s) selling nonnursery, nonhorticultural and/or nonagricultural products shall not exceed 7,500 square feet.

[c] Operating hours shall be between 7:00 a.m. and 8:00 p.m.

[5] Food service uses, such as cafes, restaurants, and/or other eating places operated on college/university property and operated by an entity other than the college/university, shall be permitted, provided:

[a] The maximum building area of such food service uses, including kitchen facilities, shall not exceed 6,000 square feet.

[b] Operating hours shall be between 7:00 a.m. and 9:00 p.m., Sunday through Thursday, and 7:00 a.m. and 10:00 p.m., Friday through Saturday.

[c] Outdoor amplification shall not be permitted.

[d] Drive-through service shall not be permitted.

[6] Festivals and/or similar outdoor special events operated on college/university property and operated by an entity other than the college/university shall be permitted, provided:

[a] A maximum of five such events shall be permitted within a calendar year.

[b] Each individual event shall not exceed a total of two consecutive days.

[c] Operating hours shall be between 8:00 a.m. and 9:00 p.m.

[d] Outdoor music and/or outdoor amplification shall not be permitted past 6:00 p.m.

[e] Sufficient off-street parking shall be provided in designated areas on the college/university property to accommodate all attendees.

[f] A traffic control plan must be submitted to and approved by the Township Police Department prior to receiving a permit.

[g] No such festival or other outdoor special event shall be operated without first securing the appropriate permit from the Township.

[7] Indoor banquet facilities operated on college/university property and operated by an entity other than the college/university shall be permitted, provided:

[a] Operating hours shall be between 9:00 a.m. and 10:00 p.m., Sunday through Thursday, and 9:00 a.m. and 11:00 p.m., Friday through Saturday.

[b] Outdoor amplification shall not be permitted.

[8] Required parking shall be the sum of the parking required by § 175-22 for each individual use (E-1 retail, E-5 eating place, and E-18 banquet facility); provided, however, that the Board of Supervisors may designate a portion of the aggregate required parking spaces as "reserve parking," which reserve parking (or a portion thereof) shall be permitted to be constructed at a future time if and when the Board of Supervisors determines that the need for such parking spaces (or a portion thereof) exists.

[9] The maximum acreage devoted to the use described in Subsection C(2)(e)[3] through [10] as set forth herein shall be five acres (provided that the calculation of acreage shall be exclusive of parking areas, loading areas, buffer and/or required landscape areas, and areas containing stormwater management facilities).

[10] Any combination of one or more of the ancillary uses described in Subsection C(2)(e)[3] through [10] herein conducted by an entity other than the college/university shall be referred to herein as a "college/university ancillary use." Only one college/university ancillary use shall be permitted on the property owned and/or controlled by the college/university.

(3) C-3. Commercial school. Such use shall be limited to a trade, professional, music or dancing school, operated as a commercial business.

(4) C-4. Library or museum. Such use shall be limited to a library or museum open to the public or connected with a permitted educational use and operated by a public or quasi-public institution.

(5) C-5. Recreational facility.[5] A public park, nature preserve or outdoor recreation area, owned and operated by the Township, county, state or federal government, subject to the following:

[Amended 12-16-1997 by Ord. No. 268]

(a) No outdoor active recreational area shall be located nearer to any lot line than 100 feet, unless the adjacent property is preserved open space or park land.

(b) A planted buffer 10 feet in width shall be provided where the use abuts existing residences or where properties that adjoin are zoned for residential use and are not preserved open space or park land.

(c) Minimum lot area shall be one acre.

(d) This use shall not include a shooting range or target or gun club.

[5] Editor's Note: See also Ch. 119, Parks and Recreation Areas.

(6) C-6. Athletic facility. This use shall be limited to a commercial athletic recreational facility owned or operated by a nongovernmental agency and shall be limited to the following uses and facilities related thereto: fitness club or athletic training center, dance or gymnastics studio; tennis, racquetball, or squash club, and shall be subject to the following:

[Amended 3-21-1995 by Ord. No. 245; 12-16-1997 by Ord. No. 268]

(a) A minimum lot size of three acres is required.

(b) This use shall not permit amusement parks, shooting range or target or gun club, or any other activity specifically listed by this chapter as commercial recreation and entertainment or recreational facility.

(c) No outdoor active recreational area shall be located nearer to any lot line than 100 feet.

(d) A planted buffer 10 feet in width shall be provided where the use abuts existing residences or land zoned residential.

(7) C-7. Golf course. A golf course may include an eighteen-hole golf course, a club house, restaurant and other accessory uses, provided that these are clearly accessory to the golf course, and is subject to the following provisions:

(a) A lot area of not less than 90 acres shall be provided.

(b) No building shall be closer than 100 feet to any lot line.

(c) A buffer shall be provided, in accordance with the provisions of this chapter, along side and rear property lines where abutting properties are in any residential district or residential use.

(8) C-8. Private organization or community center. A building and related facilities used for fraternal, educational, social, cultural or recreational activities, owned or operated by a corporation, association or group of individuals, or by an educational, philanthropic, governmental or religious institution.

[Amended 10-17-2000 by Ord. No. 294]

(a) The use shall not be conducted as a private gainful business.

(b) No outdoor recreational area shall be located nearer to any lot line than 100 feet.

(c) In residential districts, private organizations and community centers shall be limited to those operated by groups which do not provide dining services and/or the service of alcoholic beverages.

(d) The minimum lot area shall be three acres in the R-2 and R-2b Zoning Districts, but in all other districts the minimum lot size shall be five acres.

[Amended 4-14-2004 by Ord. No. 317]

(9) (Reserved)[6]

[6] Editor's Note: Former Subsection C(9), regarding community centers, as amended, was repealed 10-17-2000 by Ord. No. 294. See now Subsection C(8).

(10) C-10. Day-care service. Day-care service for four or more children providing out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives and care provided by places of worship during religious services, subject to the following additional provisions:

(a) The facility shall meet all applicable design, site and area standards of the Pennsylvania Department of Public Welfare, Day-Care Division.

(b) Buffer yards shall be provided if the use is located within a residential district or adjacent to a residential use or district.

(11) C-11. Nursing home. A nursing facility or convalescent home licensed by the Pennsylvania Department of Health which is set up to provide long-term health care primarily to senior residents with chronic diseases or disabilities. This use does not include life-care or continuing-care facilities.

(12) C-12. Hospital. A state-licensed facility subject to the following provisions:

(a) The minimum lot area shall be 10 acres.

(b) The minimum lot width shall be 500 feet.

(c) A hospital shall have direct access from a major collector or arterial highway.

(d) Emergency and service entrances shall be located so as not to be offensive to adjoining residential areas.

(13) C-13. Drug and alcohol rehabilitation center. Such use shall be limited to clinics for the diagnosis, treatment and rehabilitation of persons with dependency on drugs and/or alcohol; such facilities must be licensed by the Commonwealth of Pennsylvania. The minimum lot size shall be five acres.

(14) C-14. Cemetery. A cemetery shall be limited to a burial place or graveyard, including a mausoleum, provided that:

(a) Cemetery area and bulk regulations.

[1] The minimum lot size shall be 100 acres.

[2] No more than 5% of the entire area, to a maximum of five acres, may be devoted to aboveground buildings not serving as burial markers or memorials, such as business and administration offices, chapels, maintenance facilities, greenhouses, workhouses, repair shops and the like. This restriction includes parking facilities.

[3] For all accessory buildings, the setback line requirement shall be the same as for single-family detached dwellings in the zone in which the cemetery is located.

[4] A buffer strip of at least 20 feet shall be provided between building or burial sites and the cemetery property line.

[5] One dwelling, to be used for custodial personnel, may be permitted.

(b) Cemetery design standards.

[1] The maximum height of buildings, including dwelling units where permitted, shall be two stories or 35 feet.

[2] For all entrance features, including gates, fountains, statuary, identification signs and the like:

[a] There shall be not more than two identification signs at such entrance.

[b] The main portion of entrance features shall be located no closer to the nearest right-of-way line of any public street than a distance equal to the building setback line required in the district in which the cemetery is located.

[c] No such entrance features shall exceed 12 feet in height.

(c) Such use may be an accessory use to any place of worship.

(15) C-15. Municipal/governmental building or use. Such use shall be limited to a municipal or governmental administration building, municipal police station, courthouse, district justice office, road maintenance facility and such other uses as would customarily be associated with the operations of government, except such use shall not be deemed to encompass a landfill, incinerator or other waste disposal facility.

[Amended 12-12-1995 by Ord. No. 248]

(16) C-16. Detention facility. Such use shall be limited to facilities owned and operated by the County of Bucks and shall be limited to the following:

(a) A juvenile detention facility as described and regulated in 42 Pa.C.S.A. § 6327.

(b) A rehabilitation center providing for minimum security detention of prisoners for work release or partial confinement. Such rehabilitation center shall not include facilities for the total confinement of prisoners who have been sentenced or who are awaiting trial.

(c) A penitentiary, correctional institution or prison.

(17) C-17. Personal-care home for senior adults. A facility in which food, shelter, personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility. A personal-care home for senior adults shall comply with the following requirements:

[Added 5-1-1990 by Ord. No. 197]

(a) The facility shall meet the standards and requirements for licensing of personal-care boarding homes as established by the Pennsylvania Department of Public Welfare and shall be licensed by the Commonwealth of Pennsylvania. Residents of the facility shall be 55 years of age of older, but in the case of married couples wishing to be admitted together, at least one of the individuals must be 55 years of age or older.

(b) The maximum density shall be 20 beds per acre of net lot area unless the facility is located within the C-2 Commercial District. ["Net lot area" is defined as the lot area less covenants, easements, rights-of-way and resource-protected areas pursuant to § 175-27C(2)(b),[7] and, for the purposes of this use, a bed shall be used as the indicator of the capacity of the facilities so that the maximum capacity of the facility shall not exceed 20 beds per acre.]

[Amended 10-7-2008 by Ord. No. 343]

[7] Editor's Note: Section 175-27 was amended and consequently this subsection no longer exists. See now § 175-27 generally.

(c) A maximum of 10% of the facility's beds may be included within independent living units, as defined by the Pennsylvania Department of Public Welfare.

(d) Area and dimensional requirements shall be as follows:

[Amended 10-7-2008 by Ord. No. 343]

[1] Within the C-2 Commercial District the dimensional requirements shall be as follows:

[a] Minimum lot area: five acres.

[b] Minimum lot width: 200 feet.

[c] Minimum front yard: 80 feet.

[d] Minimum side yard: 40 feet.

[e] Minimum rear yard: 100 feet.

[f] Maximum impervious surface ratio: 0.50.

[g] Minimum open space ratio: 0.40.

[2] Within all other districts the dimensional requirements shall be as follows:

[a] Minimum lot area: five acres.

[b] Minimum lot width: 300 feet.

[c] Minimum front yard: 80 feet.

[d] Minimum side yard: 40 feet.

[e] Minimum rear yard: 100 feet.

[f] Maximum impervious surface ratio: 0.35.

[g] Minimum open space ratio: 0.40.

(e) A buffer area, planted and maintained in accordance with the provisions of Article V, shall be established and shall have a minimum width of 30 feet. A buffer area shall be located along all lot lines except where the lot line is a front street line.

(f) A minimum of 40% of the tract shall be devoted to open space, which shall be area which is not used for building, parking, paving, loading area, detention basins, accessory buildings, rights-of-way, etc., but the open space may include minimum yard requirements for this district, all of which said open space shall be landscaped or, if wooded, may be left in its natural state.

(g) For the purposes of this use, the open space must be contained within the lot which will ultimately include the personal care facility, and the site upon which the facility is to be placed must, in and of itself, meet all of the requirements of this chapter and Chapter 153, Subdivision and Land Development, including but not limited to such issues as environmental performance standards and tree preservation, etc.

D. Office uses.

(1) D-1. Office. A building for business, professional or governmental offices, provided that:

(a) Such use shall be carried on wholly indoors and within the principal building.

(b) No office building shall include a store, beauty shop or other personal service shop.

(c) No office building shall include a store front, a store window or any other retail commercial characteristic which detracts materially from the character of the district or surrounding neighborhood.

(d) No structure designed for office use erected or renovated after the effective date of this chapter shall include any dwelling unit or units.

(2) D-2. Medical office. Such use shall be limited to a building or buildings with multiple offices for more than one physician or dentist or other medical professional for examination or treatment of persons as outpatients and laboratories incidental thereto.

E. Retail and consumer services uses.

(1) E-1. Retail shop. A retail shop shall be limited to a store selling apparel, baked goods, books, confections, catering services, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, household appliances, jewelry, liquor, milk, notions, periodicals, shoes, stationery, tobacco, toys, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, plants, fabrics and beer and soft drinks or other retail goods, provided that:

(a) All products produced on the premises are sold on the premises.

(b) Over-the-counter sale of alcoholic beverages in taverns and bars is not included.

(c) Stores with a gross floor area in excess of 10,000 square feet are not included.

(2) E-2. Large retail store. A large retail store is a store with greater than 10,000 square feet of floor area, including, regardless of size, any variety store, supermarket, department store and discount store.

(3) E-3. Service business. A service business shall be limited to such uses as a barber, beautician, laundry and dry cleaning (whether or not coin-operated), shoe repair, tailor, photographer, newspaper, printer and travel agency, provided that laundry, dry-cleaning or clothes-pressing establishments shall not employ equipment or materials which involve danger from fire or explosion, which detract from the character of the district or which involve the disposal of materials or fluids which may result in pollution of air, soil or waterways.

(4) E-4. Financial establishment. A financial establishment shall be limited to a bank, savings and loan association, credit union or other financial establishment, provided that if a drive-in window is provided, a stacking area to accommodate at least six vehicles shall be provided for each drive-in window.

(5) E-5. Eating place. An eating place shall be limited to any place for the sale and consumption of food and beverages, provided that:

(a) Drive-in service is prohibited.

(b) The sale of alcoholic beverages must be incidental to the sale and consumption of food.

(6) E-6. Eating place, drive-through. Such use shall be limited to cafeterias and eating establishments in which the principal business is the sale of foods and/or beverages in a ready-to-consume state for consumption either within the restaurant building or for carryout with consumption off the premises, provided that:

(a) The use must have direct access to an arterial or community collector street.

[Amended 11-19-2013 by Ord. No. 370]

(b) There shall be only one point of ingress and only one point of egress per community collector or arterial street.

[Amended 11-19-2013 by Ord. No. 370]

(c) Where a drive-in window is proposed, a stacking lane shall be provided to serve a minimum of 10 cars. The stacking lane shall not be used for parking lot circulation aisles nor shall it in any way conflict with through circulation or parking.

(d) A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant. If there is no sidewalk, one shall be provided along the street frontage.

(e) All such restaurants shall provide a trash storage area which shall be screened from the street and adjacent properties, in accordance with this chapter, to prevent trash from blowing from the area and to permit safe and easy removal of the trash.

(f) Trash receptacles shall be provided outside the restaurant for patron use.

(7) E-7. Repair shop. A repair shop shall be limited to any business for the repair of appliances, lawn mowers, watches, guns, bicycles, locks and small business machines (but not including automobile, vehicle and motorcycle repairs).

(8) E-8. Motel, hotel and inn. Such use shall be limited to a building or group of buildings containing rooms for rent for the accommodation of transient guests, chiefly motorists, plus an eating place, provided that:

(a) The use must have direct access to a community collector or an arterial street.

[Amended 11-19-2013 by Ord. No. 370]

(b) Units in such facilities shall contain a minimum of 200 square feet of floor space, with a minimum of two rooms: a bedroom and a separate bathroom equipped with a flush water closet, a lavatory basin and a bathtub or shower, all properly connected to a public water and public centralized sewer system.

(c) All such uses shall be served by public water and public centralized sewage disposal systems.

(d) The minimum lot area shall be 10 acres.

(e) Any retail or commercial use accessory to the hotel, motel or inn use shall be subject to the following restrictions:

[1] The accessory use shall be contained within the hotel, motel or inn building, and any customer entrance to any place of business, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be from inside the building.

[2] The accessory use, except for a banquet, convention or conference center associated with the hotel, motel or inn, shall be principally for customers of the hotel, motel or inn.

[3] There shall be no display of merchandise or other manifestation of commercial or retail use visible from the street or property line.

(f) Loading requirements.

[1] There shall be at least one loading berth to serve the facility for each three trucks serving the facility on an average day or a suitable alternative solution applicable to the proposed use as long as no trucks are parked on any streets and the alternative is reviewed by the Township Planning Commission and approved by the Township Board of Supervisors.

[2] No permitted or required loading berth shall be located within 50 feet of any property line.

[3] Additional off street loading requirements of Article V shall be met.

[4] All loading berths shall be located at the rear of the hotel/motel/inn facility.

(9) E-9. Commercial recreation and entertainment. An indoor or outdoor entertainment or recreational facility operated as a commercial venture, which may include a bowling alley, skating rink, movie theater, theater, games arcade, recreational camps, driving range, chip and putt golf or miniature golf.

[Amended 12-16-1997 by Ord. No. 268]

(a) Minimum lot area: 5 acres.

(b) No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

(c) Outdoor play areas shall be sufficiently screened with a planted buffer 10 feet in width.

(d) This use does not include a shooting range or target or gun club.

(10) E-10. Service station. A service station shall be limited to a building or group of buildings for the sale of petroleum products, tires and automotive service, provided that:

(a) A minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts.

(b) The minimum lot area shall be one acre.

(c) Such use shall be located on an arterial or a higher order road.

(d) All fuel tanks shall be placed underground.

(e) All pumps, lifts and other service facilities shall be located not closer than 35 feet to any lot or street line.

(f) No vehicle shall be stored in the open, except those awaiting minor repairs, for a period exceeding seven consecutive days, unless screened from adjacent or residential properties.

(g) All lubricating, making of minor repairs or similar activities shall be performed in an enclosed building.

(h) Separate accessways shall be provided for the safe and convenient egress and ingress of motor vehicles. No accessway shall exceed 35 feet in width nor be less than 15 feet in width.

(i) Access to the street shall be physically controlled by a concrete curbing at least eight inches in height.

(j) All parking, access and outdoor service areas shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Township Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across streets.

(k) All automobile parts and similar articles shall be stored within a building.

(l) All refuse shall be stored within a building or enclosed area.

(m) Paint spraying or body and fender work shall not be permitted.

(n) Junk vehicles shall not be stored in the open at any time.

(o) The sale or rental of automobiles, trucks, trailers or other vehicles shall be prohibited.

(p) Convenience shopping shall be permitted as an accessory use to the sale of petroleum products, provided that:

[1] It shall be in lieu of the sale of tires and automotive service.

[2] The use shall occupy no more than 50% of the service station building.

(q) Service stations designed to offer to the public self-service facilities for dispensing of gasoline and other motor vehicle fuels shall meet the following conditions:

[1] At least one qualified attendant shall be on duty while the station is open to the public, whose primary function shall be to supervise, observe and control dispensing of flammable or combustible liquids.

[2] The attendants shall be situated so as to have a clear view of the dispensing operations.

[3] A voice communication system, such as but not limited to an intercom system, shall be provided so as to allow direct voice communications at all times between the person dispensing flammable or combustible liquids and the attendant.

[4] Emergency controls, including the main power shutoff, shall be conspicuously posted in the immediate vicinity of the principal control or the dispenser island.

[5] Instructions for the operation of the dispensers shall be conspicuously posted on either the dispenser or the dispenser island.

[6] A list of emergency procedures and instructions shall be conspicuously posted in the immediate vicinity of the principal control location of the attendant.

[7] Fire-extinguishing and flammable liquids dispensing equipment shall be approved through National Standards testing.

[8] At least one fire extinguisher shall be located within 25 feet of each gasoline pump.

[9] Warning signs shall be placed in a conspicuous place with each sign indicating "Warning: (a) It is unlawful to dispense gasoline into any portable container unless the container is constructed of metal or is approved by the Fire Marshal; (b) No smoking; (c) Stop motor."

[10] Any electric vehicle charging station(s) shall comply with the requirements of § 175-30.7E.

[Added 4-18-2023 by Ord. No. 410]

(11) E-11. Automotive sales. Automotive sales shall be limited to the sale and lease of automobiles by a duly franchised new car, truck, boat or motorcycle dealership; used car, truck, boat or motorcycle sales; or car, truck, trailer, motorcycle and/or boat rentals; farm machinery or travel campers, provided that:

(a) Lighting. All outside lighting shall be directed in such a way as not to create a nuisance to any adjacent property, and all lighting shall be arranged and shielded so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind.

(b) All facilities shall be located and all services be conducted within the confines of the lot.

(c) All preparation, lubrication, repair or similar activities shall be accessory.

(12) E-12. Automotive body repair and paint shop. Such use shall be limited to paint spraying, body and fender work and custom body work, provided that:

(a) All such work is performed within a building.

(b) All related automotive parts, refuse and similar articles shall be stored within a building or enclosed area.

(13) E-13. Car wash.

(a) A car wash shall include a water-recycling facility.

(b) Car washes shall be designed with a stacking area adequate for six cars so that waiting cars do not interfere with traffic flow.

(14) E-14. Shopping center. Such use shall be limited to a building or a group of buildings, designed as a planned complex of related structures and circulation patterns, subject to the following additional criteria:

(a) Such centers shall have a lot area of not less than 10 acres and a lot width of not less than 500 feet at the street right-of-way line.

(b) The majority of all parking shall be provided in separate areas surrounding any group of shopping buildings.

(c) Such centers shall be located on an arterial or higher order road.

(d) The following uses are permitted as part of a shopping center:

C-3	Commercial school
C-6	Athletic facility
D-1	Office
D-2	Medical office
E-1	Retail shop
E-2	Large retail store
E-3	Service business
E-4	Financial establishment
E-5	Eating place
E-6	Eating place, drive through
E-9	Entertainment

(e) The shopping center shall be constructed in accordance with an overall plan and designed with a single architectural style approved by the Board of Supervisors.

(f) Regulations dealing with lighting, parking, outdoor storage, buffering, points of access, signs, landscaping and other applicable regulations set forth herein shall be met.

(g) All establishments in the shopping center must have vehicular service access either from an individual service yard or from a common service area serving several establishments. All such service areas must be segregated from public areas and screened from public view.

(h) Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.

(15) E-15. Funeral home. Such use shall be limited to a mortuary or funeral home and shall not include a cemetery, columbarium, mausoleum or other permanent storage facility.

(16) E-16. Veterinary office or clinic. Such use shall be limited to the office of veterinarian. If a kennel is part of the office or clinic, the use shall meet the regulations of use A-3, Kennel.

(17) E-17. Flea market. The outdoor sale of handicraft items, art, flowers, household goods and antiques, provided that:

(a) The maximum site area shall be 15 acres.

(b) The minimum site area shall be five acres.

(c) The minimum setback from all property lines and the street right-of-way line shall be 50 feet.

(d) A planted buffer shall be provided wherever the use abuts a noncommercial district or use.

(e) Snack stands and food vendors operating outside an enclosed building are permitted. Vending machines located outside an enclosed building shall be prohibited.

(f) Tables and other accessories to the flea market use shall be stored within a completely enclosed building when the market is not open or otherwise in operation.

(18) E-18. Banquet facility. A facility available for special dinners, banquets or other dining events by prearrangement with the management of the facility for groups or parties and not open to the general public on a daily basis; not an eating place or restaurant.

(19) E-19. Adult-oriented use.

[Added 5-5-2009 by Ord. No. 347]

(a) The building or structure of such use shall be located no less than 400 feet from any residential use or district, public or private school, church recreation facility or any other religious, institutional or educational, or any youth-oriented use (e.g., day-care service, entertainment, and including parks and recreation areas) within Doylestown Township or any adjoining municipality.

(b) No such use shall be located within 2,000 feet of a similar use.

(c) No display of adult-related materials depicting specified sexual activities or specified anatomical areas shall be visible from a window, door or exterior of the building.

(d) No person under the age of 18 years of age shall be permitted within a building whose operation would be considered an adult-oriented establishment.

(e) No more than one adult-oriented use shall be permitted within any one building or lot, and no adult-oriented use shall be permitted on the same lot as any other principal use.

(f) No adult-oriented use or activity may change to another type of adult-oriented use or activity except upon application to and approval by the Zoning Hearing Board of such change as a special exception.

(g) The entrance to the adult-oriented use shall include a sign warning all individuals that the premises is classified as an adult-oriented use and that no persons under the age of 18 are permitted on the premises.

(h) No adult-oriented use may remain open at any time between the hours of 1:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.

(i) The Zoning Hearing Board must determine that the adult-oriented use:

[1] Is in general harmony with the immediate vicinity.

[2] Does not create an atmosphere of enticement for minors.

[3] Will not be detrimental to the public health, public safety or general welfare of the Township.

(j) It shall be a violation of this subsection for a person to knowingly or intentionally, in an adult-oriented use, appear in a nude or seminude condition, unless the person is an employee who, while nude or seminude, shall be at least 10 feet from any patron or customer and on a stage at least two feet above the floor level.

(20) E-20. Medical marijuana dispensary.

[Added 6-20-2017 by Ord. No. 383]

(a) A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Pennsylvania Department of Health. A medical marijuana dispensary shall provide proof of registration with the Pennsylvania Department of Health and shall at all times maintain a valid, accurate, and up-to-date registration with the Pennsylvania Department of Health. Should registration be denied or revoked at any time, any permits shall immediately become void.

(b) A medical marijuana dispensary shall at all times operate in compliance with all Pennsylvania Department of Health regulations pertaining to such facilities.

(c) A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secured facility. No exterior sales and no sidewalk displays shall be permitted. No drive-through, dropoff, or pickup services shall be permitted.

(d) A medical marijuana dispensary may not be located:

[1] Within 1,000 feet of the property line of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted. Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private, or parochial school or day-care center;

[2] At the same site used for growing and processing medical marijuana; and

[3] In the same office as a practitioner or other physician.

(e) A medical marijuana dispensary shall submit a security plan to the Township. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by the Medical Marijuana Act and as supplemented by regulations promulgated by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.

(f) A dispensary shall post a copy of its permit in a location within its facility in a manner that is easily observable by patients, caregivers, law enforcement officers, and agents of the Pennsylvania Department of Health.

(21) E-21. Motor vehicle fueling center and retail shop. A facility associated with the sale of gasoline and other motor vehicle fuel products that also offers for sale grocery type items, and including items from the following groups: beverages, snacks (including confectionery), dairy products and tobacco. Food preparation for take-away consumption shall be permitted. The use may provide for indoor automated teller machines and financial services, indoor public telephone facilities, indoor vending machines, electric vehicle charging stations, and air pumps for the inflation of tires.

[Added 2-16-2021 by Ord. No. 401; amended 4-18-2023 by Ord. No. 410]

(a) The minimum required lot area: two acres.

(b) The minimum required lot width: 200 feet measured at the street line.

(c) Access shall be to a regional arterial or community arterial street classification as identified in the Doylestown Township Subdivision and Land Development Ordinance.[8]

[8] Editor's Note: See Ch. 153, Subdivision and Land Development.

(d) All activities except those performed at fuel pumps and air pumps must be performed completely within an enclosed building.

(e) No drive-in windows are permitted for the sale of convenience items.

(f) The applicant shall incorporate design elements such as buffer plantings, sidewalks, fencing, ornamental plantings, and other similar features to enhance the aesthetics of the street frontage.

(g) Buffer yards shall be provided in accordance with the requirements of § 175-21 and Chapter 153. Subdivision and Land Development.

(h) A traffic impact and pedestrian/bicycle circulation study as required by Chapter 153, Subdivision and Land Development, shall be submitted as part of the application.

(i) No vehicle may be stored on the site,and no vehicle may remain on the premises for more than 24 hours.

(j) As part of the land development approval process, the applicant is required to present a plan that demonstrates the methods by which any spills of liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils and solids. The applicant shall submit a copy of the maintenance agreement setting forth the terms for the management of the facility.

(k) Canopies over pump islands shall be constructed with pitched roofs, and canopy columns shall be laced with brick wainscoting or similar materials up to a height of at least six feet. All building facades facing a public right-of-way must include two additional features among this list: windows, pent roofs, offsets, variations in materials, or other architectural amenities designed to enhance the building's appearance.

(l) Such use may he conducted on a twenty-four-hour basis, notwithstanding any other provision of this subsection, providing that all of the following criteria are met:

[1] No deliveries or pick-up of inventory, merchandise, foodstuffs, fuel, trash, or other product shall occur between the hours of 10:00 p.m. and 7:00 a.m.

[2] A buffer or screen which is a minimum six feet high above grade, consisting of two of the following elements (except for an area occupied by a trash enclosure, in which case the screen shall consist of one of the following elements): a decorative wall, fencing, or landscaping to screen adjoining residential properties and to inhibit light generated on-site from traversing off the site.

[3] No amplified sound and/or gas pump televisions are permitted to be operated between the hours of 10:00 p.m. and 7:00 a.m.

(m) All trash shall be stored within a building or enclosed area.

(n) Any electric vehicle charging station(s) shall comply with the requirements of § 175-30.7E.

F. All common carriers, public utilities and public service organizations.

(1) F-1. Utility operating facility. Such use shall be limited to a sewage pumping station, electrical substation, telephone substation, sewage treatment plant, and any public service or utility, not including a public incinerator, public or private landfill, or a wireless communications facility, and provided that the following conditions are met:

[Amended 12-12-1997 by Ord. No. 268; 1-19-1999 by Ord. No. 272; 9-30-2014 by Ord. No. 373]

(a) Such installation must be essential to serve the Township of Doylestown.

(b) No zoning permit shall be required for public utilities to be located in public streets or rights-of-way.

(c) The following minimum setbacks from all property lines shall be provided:

[1] Water tower: setback not less than the height of the tower, plus 200 feet.

[2] Electrical substation: 50 feet.

[3] Well facility: 100 feet.

[4] Sewer pumping station: 50 feet.

[5] Water treatment facility: 100 feet.

[6] Water pump station: 20 feet.

[7] Sewage treatment plant: 200 feet.

[8] All other uses: 50 feet.

(d) Minimum lot sizes shall be adequate to accommodate the above setbacks, parking requirements and other building requirements.

(e) No parking shall be permitted within the required setbacks.

(2) F-2. Emergency services. Emergency services shall be limited to fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.

(a) For facilities without a community room, there shall be a minimum lot size of one acre.

(b) For facilities with a community room, there shall be a minimum lot size of three acres.

(3) F-3. Terminal. A terminal shall be limited to a railway station or bus station providing transportation services to the general public.

(4) F-4. Wireless communications facilities. The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless telecommunications services.

[Added 12-16-1997 by Ord. No. 268; amended 1-19-1999 by Ord. No. 272; 9-30-2014 by Ord. No. 373]

(a) Definitions. Terms used in this section shall have the following meanings:

CAMOUFLAGING METHODS

Concealing techniques applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, flagpoles and light poles.

CO-LOCATION

The placement or installation of new non-tower-based wireless communications facilities on previously approved and constructed wireless support structures, such as monopoles, utility poles, or light poles. The term includes the placement, replacement, or modification of accessory/related equipment within a previously approved equipment compound.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

EMERGENCY

A condition that:

[1] Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or

[2] Has caused or is likely to cause facilities in the rights-of-way to be unusable and results in loss of the services provided.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory/related equipment is stored.

MODIFICATION

The improvements, upgrade, or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facility located within an existing equipment compound if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

REPLACEMENT

The replacement of wireless communications facilities on an existing wires support structure or within an existing equipment compound due to maintenance, repair, or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight, and height as the wireless communications facility initially installed and that does not substantially change the physical dimensions of the existing support structure.

SUBSTANTIALLY CHANGE

[1] Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or

[2] Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public ROW or other Township-owned land or property.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

(b) General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities:

[1] Standard of care. The WCF applicant shall present documentation that the tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

[2] Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI EIA/TIA-222-E Code, as amended).

[3] Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[4] Maintenance. The following maintenance requirements shall apply:

[a] Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[b] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[c] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[5] Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[6] Historic buildings or districts. No tower-based WCF may be located on a building, structure, or site that is listed on either the National or Pennsylvania Register of Historic Places or the Official Historic Structures and/or Historic Districts List maintained by the Township or has been designated by the Township as being of historic significance.

[7] Identification. All tower-based WCFs shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Township.

[8] Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law and as may be approved by the Township. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

[9] Appearance. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings.

[10] Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[11] Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[12] Notice. Upon receipt of an application for a tower-based WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 linear feet of the property or parcel of the proposed facility.

[13] Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[14] Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Where a conditional use approval is required, the governing body shall render a decision within 45 days after the last hearing before the governing body. All other applications, including land development, for tower-based WCFs shall be acted upon within 90 days of the receipt of a fully completed application for the approval of such tower-based WCFs, and the Township shall advise the applicant in writing of its decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.

[15] Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.

[16] Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

[a] All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the Township.

[b] If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice in accordance with § 175-129 or proceed with enforcement remedies as outlined in §§ 175-145 and 175-146.

[c] Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based WCF previously removed.

[17] Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.

[18] Bond. Prior to the issuance of a permit, the owner of a tower-based WCF shall, at its own cost and expense, obtain a bond from a surety licensed to do business in Pennsylvania and maintain said bond, or other form of security acceptable to the Township Solicitor, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

(c) Tower-based facilities outside the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

[1] Development regulations:

[a] Allowable districts. Applicants seeking to construct a tower-based WCF must first apply to the Township to determine if a suitable site is available on Township-owned and/or -controlled land or structures, irrespective of zoning district. If the facility is not to be located on Township-owned and/or controlled facilities, tower-based WCFs are permitted in the C-1, C-2, and L-1 Zoning Districts only as a special exception, in accordance with the requirements of § 175-16F(4)(c) and as approved by the Zoning Hearing Board.

[b] Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs.

[c] Height. Any tower-based WCF outside of the rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 150 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.

[d] Sole use on a lot. A tower-based WCF is permitted as a sole use on a lot, subject to the minimum lot area and yards, complying with the requirements for the applicable zoning district.

[e] Combined with another use. A tower-based WCF may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, commercial, institutional or municipal use, subject to the following conditions:

[i] The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications facility.

[ii] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting.

[iii] Minimum setbacks. The tower-based WCF and accompanying equipment building shall not be located in the minimum front, rear, or side yard setbacks for the applicable zoning district. Further, no tower-based WCF shall be located within 200 feet of any occupied building.

[iv] Vehicular access to the tower-based WCF shall not interfere with parking or circulation on the site.

[2] Co-location. An application for a new tower-based WCF shall not be approved unless the Township finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based WCF shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

[3] Design regulations:

[a] The WCF shall employ the most-current camouflaging methods available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the camouflaging methods chosen by the WCF applicant shall be subject to the approval of the Township.

[b] Where the proposed site abuts a residential zoning district, tower-based WCFs shall be permitted only where they are disguised by attaching them to an existing tall structure where the proposed tower-based WCF does not increase the height of the existing structure or by disguising the tower-based WCF so it resembles a tree, a silo, or a church steeple so that it will fit in with the residential character of the community.

[c] Any height extensions to an existing tower-based WCF shall require prior approval of the Township.

[d] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[4] Surrounding environs:

[a] The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

[b] The WCF applicant shall submit a soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

[5] Fence/screen:

[a] A security fence having a maximum height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

[b] An evergreen screen that consists of a hedge, or a row of evergreen trees shall be located along the perimeter of the security fence.

[c] The WCF applicant shall submit a landscape plan for review and approval by the Township Planning Commission for all proposed screening.

[6] Accessory equipment:

[a] Ground-mounted equipment associated with, or connected to, a tower-based WCF shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be screened from public view using camouflaging methods, as described above.

[b] All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

[7] Additional antennas. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

[8] Access road/lease area. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Township that the property owner has granted an easement and/or signed a lease agreement for the proposed facility.

[9] Site plan required. In order to determine that the requirements of the conditional use and this section are met, the applicant shall present a site plan showing, at a minimum, the following items:

[a] Locations of all existing uses and proposed WCFs.

[b] Elevations and drawings of any existing uses and proposed tower-based WCFs, showing proposed width, depth, height, architectural style and structural data for any towers, antenna, etc., proposed.

[c] Site boundary, lease area boundary, zoning data, setbacks/yards, and adjacent uses.

[d] Vehicular access, fencing, landscaping, utility and/or access easements.

[10] Inspection. The Township reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(d) Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

[1] Prohibited in rights-of-way of neighborhood collectors and residential access streets and in residential zoning districts. No tower-based WCF shall be located within the rights-of-way or future rights-of-way of any neighborhood collector or residential access street as designated by the Township, nor will any tower-based WCF be located within a residential zone or within 500 feet of a lot in residential use or a residential boundary.

[2] Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed in the least-intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Township's decision on an application for approval of tower-based WCFs in the ROW.

[3] Height. Any tower-based WCF in rights-of-way shall be designed at the minimum functional height and shall not exceed a maximum total height of 35 feet, which height shall include all subsequent additions or alterations. All tower-based WCF applicants must submit documentation to the Township justifying the total height of the structure.

[4] Co-location. An application for a new tower-based WCF in the ROW shall not be approved unless the Township finds that the proposed wireless communications equipment cannot be accommodated on an existing structure, such as a utility pole or traffic light pole. Any application for approval of a tower-based WCF in the ROW shall include a comprehensive inventory of all existing towers and other suitable structures within a one-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

[5] Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

[6] Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[a] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

[b] Ground-mounted equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

[c] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

[d] Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[e] Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Township.

[7] Design regulations.

[a] The WCF shall employ the most-current camouflaging methods available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the camouflaging methods chosen by the WCF applicant shall be subject to the approval of the Township.

[b] Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[8] Additional antennas. As a condition of approval for all tower-based WCFs in the ROW, the WCF applicant shall provide the Township with a written commitment that it will allow other service providers to co-locate antennas on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Township.

[9] Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[b] The operations of the Township or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Township.

[10] Compensation for ROW use. In addition to permit fees as described in Subsection F(4)(b)[17] above, every tower-based WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each tower-based WCF shall pay an annual fee to the Township to compensate the Township for the Township's costs incurred in connection with the activities described above. The annual ROW management fee for tower-based WCFs shall be determined by the Township and authorized by resolution of the Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such tower-based WCFs.

(e) General requirements for all non-tower wireless communications facilities.

[1] If the application for a non-tower wireless communications facility (WCF) is a co-location, modification, or a replacement AND meets all of the criteria listed below in Subsection F(4)(e)[1][a] through [e], then the requirements contained in Subsection F(4)(e)[2], herein will be applicable. Should the application not be considered a co-location, modification, or replacement OR if all the following criteria are not met, then the applicant shall be subject to the requirements of Subsection F(4)(e)[3] contained herein.

[a] The proposed co-location, modification, or replacement of a non-tower WCF does not substantially change the physical dimensions of the wireless support structure to which the non-tower WCFs are attached.

[b] The proposed co-location, modification, or replacement of a non-tower WCF does not further increase the height of a wireless support structure which had already been extended by more than 10% of it originally approved height or by the height of one additional antenna array.

[c] The proposed co-location, modification, or replacement does not increase the dimensions of the equipment compound previously approved by Doylestown Township.

[d] The proposed co-location, modification, or replacement complies with the applicable conditions of approval applied to the initial tower-based WCF, equipment compound, and wireless support structure.

[e] The proposed co-location, modification, or replacement does not exceed the applicable wind loading and structural loading requirements for the wireless support structure.

[2] The following regulations shall apply to all non-tower wireless communications facilities that are considered a co-location, modification, or replacement and meet ALL of the criteria outlined in Subsection F(4)(e)[1] above:

[a] Permitted in all zoning districts subject to regulations. Non-tower WCFs are permitted in all zoning districts, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

[b] Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-tower WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

[c] Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIA/TIA-222-E Code, as amended). A copy of the structural analysis, signed and sealed by a registered engineer in the Commonwealth of Pennsylvania, shall be submitted to the Township as a portion of the original application.

[d] Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[e] Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[f] Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[g] Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall be removed as follows:

[i] All abandoned or unused non-tower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, unless a time extension is approved by the Township.

[ii] If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice in accordance with § 175-129 and/or proceed with enforcement remedies as outlined in §§ 175-145 and 175-146.

[h] Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

[i] Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

[3] The following regulations shall apply to all non-tower wireless communications facilities that are not considered co-locations, modifications, or replacements OR do not meet all the requirements of the criteria listed in Subsection F(4)(e)[1]:

[a] Permitted in all zoning districts subject to regulations. Non-tower WCFs are permitted in all zoning districts, subject to the restrictions and conditions prescribed below and subject to the prior written approval of the Township.

[b] Upon receipt of an application for any non-tower WCF, the Township shall mail notice thereof to the owner or owners of every property within 500 linear feet of the parcel or property of the proposed facility.

[c] Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most-recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any non-tower WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

[d] Wind. Any non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI EIN/TIA-222-E Code, as amended).

[e] Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[f] Historic buildings. Non-tower WCFs may not be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places or the Official Historic Structures and/or Historic District List maintained by the Township or has been designated by the Township as being of historic significance.

[g] Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

[h] Maintenance. The following maintenance requirements shall apply:

[i] The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[ii] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents.

[iii] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[i] Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[j] Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned non-tower WCFs or portions of non-tower WCFs shall be removed as follows:

[i] All abandoned or unused non-tower WCFs and accessory facilities shall be removed within three months of the cessation of operations at the site, unless a time extension is approved by the Township.

[ii] If the non-tower WCF or accessory facility is not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the Township may issue a violations notice in accordance with § 175-129 and/or proceed with enforcement remedies as outlined in §§ 175-145 and 175-146.

[k] Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Township, the Township shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Township shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Township to complete an application, the time required by the applicant to provide the information shall not be counted toward the Township's ninety-day review period.

[l] Retention of experts. The Township may hire any consultant(s) and/or expert(s) necessary to assist the Township in reviewing and evaluating the application for approval of the non-tower WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the non-tower WCF shall reimburse the Township for all costs of the Township's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[m] Bond. Prior to the issuance of a permit, the owner of each individual non-tower WCF shall, at its own cost and expense, obtain a bond from a surety licensed to do business in Pennsylvania and maintain said bond, or other form of security acceptable to the Township Solicitor, in an amount of $5,000 for each individual non-tower WCF, to assure the faithful performance of the terms and conditions of this section. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this section, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township.

[n] Permit fees. The Township may assess appropriate and reasonable permit fees directly related to the Township's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

(f) Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that do not meet the criteria in Subsection (e)[1]:

[1] Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or previously approved wireless support structures, subject to the following conditions:

[a] Such non-tower WCF does not exceed a maximum height of 150 feet, inclusive of its support structure.

[b] If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

[c] A six-foot-high security fence shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

[2] Design regulations.

[a] Non-tower WCFs shall employ camouflaging methods and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the camouflaging methods chosen by the non-tower WCF applicant shall be subject to the approval of the Township.

[b] Non-tower WCFs which are mounted to a building or similar structure may not exceed a height of 15 feet above the roof or parapet, whichever is higher, unless the non-tower WCF applicant obtains a conditional use permit.

[c] All non-tower WCF applicants must submit documentation to the Township justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

[d] Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension than is reasonably necessary for their proper functioning.

[3] Removal, replacement, modification.

[a] The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the non-tower WCF is permitted, so long as such repair or upgrade does not increase the overall size of the non-tower WCF or the number of antennas.

[b] Any substantial modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.

[4] Inspection. The Township reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this section and any other provisions found within the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a non-tower WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(g) Non-tower wireless facilities in the rights-of-way. The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way that do not meet the criteria in Subsection (e)[1]:

[1] Col-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles.

[2] Design requirements:

[a] Non-tower WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall be compatible in scale and proportion to the structures upon which they are mounted. Non-tower WCFs in the ROW may not exceed a height of six feet above the structure upon which they are mounted, unless the applicant receives a conditional use permit. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[b] Antennas and all support equipment shall be treated to match the supporting structure. Non-tower WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

[3] Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists, or to otherwise inconvenience public use of the ROW as determined by the Township. In addition:

[a] In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

[b] Ground-mounted equipment shall be located underground. In the event an applicant can demonstrate, to the satisfaction of the Township Engineer, that ground-mounted equipment cannot be placed underground, then all such equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Township.

[c] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Township.

[d] Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.

[e] Any underground vaults related to non-tower WCFs shall be reviewed and approved by the Township.

[4] Time, place and manner. The Township shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Township and the requirements of the Public Utility Code.

[5] Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a non-tower WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any non-tower WCF when the Township, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Township or other public improvement in the right-of-way;

[b] The operations of the Township or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Township.

[6] Compensation for ROW use. In addition to permit fees as described above, every non-tower WCF in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Township. The owner of each non-tower WCF shall pay an annual fee to the Township to compensate the Township for its costs incurred in connection with the activities described above. The annual ROW management fee for non-tower WCFs shall be determined by the Township and authorized by resolution of Township Board of Supervisors and shall be based on the Township's actual ROW management costs as applied to such non-tower WCF.

(5) F-5. Sales of consumer fireworks. A building or facility devoted to the sales of consumer fireworks subject to compliance with the requirements set forth in § 175-84D.

[Added 8-21-2018 by Ord. No. 390]

G. Industrial uses.

(1) G-1. Manufacturing. Manufacturing uses shall include but not be limited to the production, processing, cleaning and testing of materials, goods, foodstuffs and products from the following previously processed and prepared materials: bone, ceramics, cork, feathers, felt, fur, glass, hair, horn, leather, metal, paper, plaster, plastics, precious and semiprecious stones, rubber, shells, textiles and tobacco. Manufacturing may also include the manufacture of electrical appliances and supplies, small or hand tools, hardware, toys, jewelry, clocks and watches, musical, professional and scientific instruments, optical goods, machinery and machine tools, electrical equipment, motors, iron and steel products, including fabrication and assembly, or other similar uses.

(2) G-2. Research. Scientific or industrial research, testing or experimental laboratory or similar establishment for research or product development, provided that:

(a) No research facility shall be a commercial production facility.

(b) No research facility shall be permitted which constitutes a danger to the community because of combustible or radioactive materials.

(3) G-3. Mini warehouse, mini storage. Such use shall be limited to the storage of items, limited to personal property generally stored in residential structures, within a warehouse structure or mini warehouse structure, provided that:

(a) The use shall be enclosed with a fence. Between the fence and the perimeter of the property there shall be a landscaped buffer planted in accordance with § 175-21.

[Amended 12.16-1997 by Ord. No. 268]

(b) The minimum driveway width between buildings shall be 20 feet.

(c) No business activity other than leasing of storage units shall be permitted.

(d) All storage shall be within enclosed buildings.

(e) Explosive, radioactive or highly flammable materials and automobiles shall be prohibited.

(4) G-4. Printing. Such use shall be limited to printing, publishing and binding.

(5) G-5. Contract services. Contract services shall be limited to offices and supply shops such as building supplies, cement, electric, heating, plumbing, masonry, painting, landscaping and roofing.

(6) G-6. Trades. Such use shall be limited to a plumbing shop, carpentry shop, electrical shop, cabinetmaking, furniture-making and other similar trades, provided that this use shall not include outside storage.

(7) G-7. Fuel storage and distribution. Such use shall be limited to fuel storage and distribution tanks and related buildings, provided that:

(a) The maximum lot area shall be 10 acres.

(b) No retail sales will be permitted on the premises.

(8) G-8. Building materials sale. Such use shall be limited to a lumberyard and the storage and sale of finished products used in building and construction, such as concrete and metal pipes, provided that:

(a) Millworking is permitted as an accessory use.

(b) Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width.

(c) The storage of flammable or toxic gases and liquids and the production and mixing of asphalt and concrete is prohibited.

(d) The minimum lot area shall be three acres.

(9) G-9. Equipment storage yards. Such use shall be limited to the rental and storage of construction equipment. No storage of junk vehicles shall be permitted.

(a) Storage yards shall be fully enclosed by fencing and a landscaped buffer at least 20 feet in width.

(b) The minimum lot area shall be three acres.

(10) G-10. Truck terminal. This shall be limited to express trucking or hauling stations.

(a) This use may not include facilities for the hauling or transfer of solid or liquid wastes.

(b) No outdoor storage of materials or vehicles is permitted.

(c) The minimum lot area shall be three acres.

(11) G-11. Food processing. This use shall be limited to food processing, packing, canning of meat, fish, dairy and other food products as well as the manufacture and packaging of nonalcoholic beverages, provided that such uses are served by public water and public sewer services.

(12) G-12. Recycling facility. Such use shall be limited to an area of land, with or without buildings, that is used for the storage of used or discarded materials, administered by the municipality for the purpose of recycling, including but not limited to wastepaper, metal and glass, provided that:

(a) The proposed use of an area shall not be detrimental to adjacent land uses.

(b) There shall be maximum lot size of five acres.

(c) Such use shall be a minimum of 200 feet from any public road as measured from the street line.

(d) The land area used for such purposes shall be hidden from public view by an evergreen buffer so that it is not visible from neighboring streets, residences or other structures.

(e) There shall be no compacting of automobiles and no storage of auto chassis from which usable parts have been removed.

(f) The storage of paper shall be within a building.

(g) The storage of toxic chemicals shall be prohibited.

(h) Dumping of trash or landfill operations and burning of any materials shall specifically be prohibited.

(i) Any such uses shall be sealed from groundwater contamination.

(13) G-13. Mineral extraction. Such use shall include, but is not limited to, extractive operations for limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil, and natural gas, subject to the following provisions:

[Amended 1-15-2019 by Ord. No. 394]

(a) The following definitions are applicable to the regulations contained herein and within Article XVI.

DERRICK

Any portable framework, tower mast, and/or structure that is required or used in connection with drilling or reworking a well for the production of oil or gas.

DRILLING

Any digging or boring of a new or existing well to explore, develop, or produce oil, gas, or other hydrocarbons, or to inject gas, water, or any other fluid or substance into the earth.

DRILLING EQUIPMENT

The derrick, all parts and appurtenances to such structure, and every piece of apparatus, machinery, or equipment used, erected, or maintained for use in connection with drilling.

(b) The activities and residual effects shall not create conditions hazardous or otherwise adverse to the value and use of adjacent properties or the well-being of the surrounding area and its residents.

(c) The site shall be reclaimed to a nonhazardous state permitting some reasonable future use and so that the extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.

(d) All activities of these land uses shall comply with all setback requirements of the zoning district in which the site is located or a minimum of 100 feet, whichever is greater, to protect adjacent properties.

(e) Unique or environmentally significant natural features and significant historic or architectural structures and sites shall be protected from disruption or adverse effects from quarrying and/or mining activities.

(f) Access to the site shall be from a community collector or arterial street.

(g) A narrative describing an overview of the project, including the number of acres to be involved, the number of wells to be drilled (if applicable), the location, and the number and description of equipment and structures, to the extent known, shall be provided.

(h) The contact information of the individual(s) responsible for the operation and activities at the site shall be provided to the Township and all emergency service and all emergency service responders. Such information shall include a phone number where such individual(s) can be contacted 24 hours per day, 365 days per year.

(i) A location map of the site showing the approximate location of derricks, drilling rigs, equipment and structures (as applicable), and all permanent improvements to the site, and any post-construction disturbance in relation to natural and other surroundings shall be provided. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment used in the transportation of personnel and/or development and use of the site.

(j) A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery, water, chemicals, and other materials used in the siting, drilling, construction, maintenance, and operation of the site shall be provided.

(k) A certification or evidence satisfactory to the Township that, prior to the commencement of any activity at the site, the applicant shall have accepted and complied with any applicable bonding and permitting requirements, and shall have entered into a roadway maintenance and repair agreement with the Township, in a form acceptable to the Township Solicitor, regarding the maintenance and repair of Township streets that are to be used by vehicles for site construction, drilling activities, and site operations shall be provided.

(l) A copy of all information submitted to the state agencies shall also be submitted to the Zoning Officer at the same time.

(m) A detailed and appropriate land reclamation and reuse plan of the area to be excavated shall be submitted to the Zoning Officer. Compliance with such plan shall be a condition of Township permits.

(n) Prior to submitting an application, the applicant is strongly encouraged to meet with Township staff to determine the requirements of and the procedural steps and timing of the application. The intent of this process is for the applicant to obtain necessary information and guidance from the Township before entering into any commitments or incurring substantial expenses with regard to the site and plan preparation.

(o) Federal or state law or regulation preempts ordinance requirements that conflict with federal or state statutes or regulations.

(14) G-14. Laundry, dry-cleaning or dyeing plant. A commercial plant for laundry, dry cleaning or dyeing.

(15) G-15. Warehouse. Wholesale business, wholesale storage or warehousing, excluding retail sales except as provided for below. A small retail store may be operated in conjunction with use G-15, subject to the following conditions:

[Amended 9-19-1989 by Ord No. 193]

(a) The retail store shall be an accessory use which is clearly incidental and subordinate to the primary use G-15;

(b) The retail store may only sell those items stored at the property in accordance with use G-15; and

(c) The retail store may not exceed 15% of the gross floor area or 1,000 square feet, whichever is less.

(16) G-16. Junkyard. Such use shall be limited to an area of land, with or without buildings, that is used for the storage of used or discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles and parts thereof, provided that:

(a) The proposed use of an area shall not be detrimental to adjacent land uses.

(b) There shall be maximum lot size of five acres.

(c) Such use shall be a minimum of 200 feet from any public road as measured from the street line.

(d) The land area used for such purposes shall not be exposed to public view from any residence or public street or road.

(e) Such uses shall be entirely enclosed by a solid fence or wall at least six feet high and constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be kept in good repair and neatly painted in uniform color.

(f) A dense evergreen buffer shall be provided on the outside perimeter of the fenced area. Evergreens shall be four to five feet in height and planted on ten-foot staggered centers.

(g) The contents of such use shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.

(h) The storage of paper shall be within a building.

(i) The storage of toxic chemicals shall be prohibited.

(j) Dumping of trash or landfill operations and burning of any materials shall specifically be prohibited.

(k) All such uses shall be sealed from groundwater contamination and shall provide groundwater monitoring wells.

(17) G-17. Lawful use not otherwise permitted. This section is intended to provide, by conditional use, for any lawful use that is required to be permitted by the Pennsylvania Municipalities Planning Code and which is not otherwise permitted in any other use categories described in this section. A lawful use not otherwise permitted shall be subject to the following requirements in addition to the regulations found in Article XXIII, General Requirements, § 175-138A(6), (7), (9), (10), (11), (12), (13) and (14) hereof:

[Added 11-18-2008 by Ord. No. 344]

(a) The use must comply with the open space, impervious surface, area, lot area, and dimensional requirements of the district in which the use is proposed.

(b) The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other commonwealth or federal government agency which regulates such use.

(c) A buffer area shall be established in accordance with the conditions imposed upon the granting of conditional use approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with § 175-21 of the Zoning Chapter and shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use, including, but not limited to noise, dust, vibration, odor, illumination, visual effects and the like.

(d) In addition, conditional use approval will only be granted by the Board of Supervisors after it has determined that the granting of such will not result in additional threats to public safety or extraordinary public expense, create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances.

(18) G-18. Medical marijuana grower/processor.

[Added 6-20-2017 by Ord. No. 383]

(a) A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building, which includes electronic locking systems, electronic surveillance, and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.

(b) Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health Policy and shall not be placed within any unsecure exterior refuse containers.

(c) The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities. A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.

(d) Growers/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted. Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private, or parochial school or day-care center.

(e) A medical marijuana grower/processor shall at all times operate in compliance with all Pennsylvania Department of Health and Medical Marijuana Act regulations pertaining to such facilities. A medical marijuana grower/processor shall provide proof of registration with the Pennsylvania Department of Health and shall at all times maintain a valid, accurate, and up-to-date registration with the Pennsylvania Department of Health. Should registration be denied or revoked at any time, any permits shall immediately become void.

(f) A grower/processor facility shall not be open to the general public. Visitors, including vendors, contractors, and other individuals requiring access to the facility, shall be required to sign a visitor log and present government-issued identification in order to gain access to the site and facility.

(g) A grower/processor shall have security and surveillance systems to prevent unauthorized entry and to prevent and detect an adverse loss. A medical marijuana grower/processor shall submit a security plan to the Township. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by the Medical Marijuana Act and as supplemented by regulations promulgated by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.

H. Accessory uses.

(1) H-1 Home-based business: a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves some customer, client or patient traffic, whether vehicular or pedestrian, pickup, meeting location, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. The business or commercial activity must satisfy the following requirements:

[Amended 6-1-1993 by Ord. No. 227; 6-26-2001 by Ord. No. 301; 11-18-2008 by Ord. No. 345]

(a) The home-based business shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(b) The business activity shall be compatible with the residential use of the property and surrounding residential uses and shall meet the minimum and maximum area, height and dimensional requirements of the district in which the use is located.

(c) Such use shall be limited to single-family detached dwellings.

(d) There shall be no use of show windows, display or advertising visible outside the premises, except as provided for signs herein.

(e) There shall be no exterior storage of material or building material.

(f) There shall be no parking of commercial vehicles, except that parking of not more than one commercial vehicle exceeding a one-ton loading capacity and with no more than two axles or four wheels, whichever is less, including any construction or landscaping vehicles and trailers used for their transportation (i.e., front-end loaders, cranes, cement mixers, riding lawn mowers, etc.) shall be permitted only within a completely enclosed building.

(g) The appearance of the residential structure shall not be altered or the home-based business within the residence be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible on the premises to attract customers or clients, other than an identification sign not exceeding two square feet, notwithstanding any other provisions of this chapter.

(h) A sign displaying the name and address of the home-based business may be permitted, subject to the following requirements: no more than one such sign shall be erected on the lot; the area of the sign shall not exceed two square feet in size; and the sign shall be either fixed flat on the main wall of the building or may be erected in the front yard, but not within 10 feet of the cartway.

(i) No articles shall be sold or offered for sale except such as may be produced on the premises.

(j) There shall be no stockpiling, storage or inventory of products of a substantial nature.

(k) There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

(l) The home-based business shall be carried on only by inhabitants of the dwelling and not more than two additional employees.

(m) The floor area devoted to a home-based business shall not occupy more than 25% of the ground floor of the principal residential structure or 500 square feet, whichever is less; all portions of the floor area to be used for the home-based business shall be accessible to employees and clients without having to enter or walk through the areas of the residence devoted to solely residential use, and all areas to be used for employees and client visits shall be in one location and not separated by rooms or hallways which are used for residential purposes.

(n) No equipment or process shall be used in a home-based business which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.

(o) No manufacturing, repairing or other mechanical work shall be performed in any open area. All such activities shall be conducted in such a manner that they are not detectable or noticeable at or beyond the property line.

(p) 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.

(q) The maximum number of off-street parking spaces shall be limited to six parking spaces, which shall not include any garage spaces and shall be designed to comply with the appropriate provisions of Article V of this chapter.

(r) No more than one home-based business shall be permitted per residential dwelling.

(s) The hours of operation shall be limited to Monday through Saturday, and activities shall occur between the hours of 8:00 a.m. to 9:00 p.m.

(t) Parking spaces required by the home-based business in addition to those required for the residential use must be located to the side or to the rear of the principal residence and must be separated from adjoining properties by a ten-foot-wide planted buffer.

(u) The business may not involve any illegal activity.

(2) H-2. No-impact home-based business: a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

[Amended 6-26-2001 by Ord. No. 301; 11-18-2008 by Ord. No. 345]

(a) The no-impact home-based business shall be accessory to a residence and carried on wholly indoors and within a dwelling or other structure accessory thereto and shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

(b) The business activity shall be compatible with the residential use of the property and surrounding residential uses and shall meet the minimum and maximum area, height and dimensional requirements of the district in which the use is located.

(c) There shall be no use of show windows, display or advertising visible outside the premises.

(d) There shall be no exterior storage or building material.

(e) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(f) The appearance of the residential structure shall not be altered or the no-impact home-based business within the residence be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible on the premises to attract customers or clients.

(g) There shall be no display or sale of retail goods and no stockpiling, storage or inventory of products of a substantial nature.

(h) There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries.

(i) The no-impact home-based business shall be carried on only by inhabitants of the dwelling.

(j) The floor area devoted to a no-impact home-based business shall not occupy more than 25% of the ground floor of the principal residential structure or 500 square feet, whichever is less.

(k) No equipment or process shall be used in a no-impact home-based business which creates discernible noise, vibration, glare, fumes, odors or electrical interference at the property line, and no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.

(l) 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.

(m) The business may not involve any illegal activity.

(3) H-3. Residential accessory structure. Such use shall include a residential accessory structure or use, including but not limited to:

(a) Parking spaces for the parking of passenger vehicles. All driveways and on-lot parking spaces shall be at least 10 feet from any side or rear lot line for single-family detached dwellings (use B-1), single-family cluster dwellings (use B-7) and single-family dwellings with lot averaging (use B-9).

[Amended 7-20-1994 by Ord. No. 240]

(b) Parking of not more than one commercial vehicle not exceeding a one-ton loading capacity and with no more than two axles or four wheels, whichever is less, including any construction or landscaping vehicles and trailers used for their transportation (i.e., front-end loaders, cranes, cement mixers, riding lawn mowers, etc.) shall be permitted only within a completely enclosed building and only as an accessory to a single-family detached dwelling and shall only be for the use of the inhabitants of the subject residence.

[Amended 6-26-2001 by Ord. No. 301]

(c) Structures, such as fences and walls, that are man-made structures, erected to enclose or screen areas of land are permitted, subject to the property owner and/or applicant applying for and receiving a zoning permit from the Township and subject to the following restrictions:

[Amended 4-18-1995 by Ord. No. 246]

[1] Fences and walls in any portion of the front yard, as defined by this chapter, shall not exceed six feet in height. Height shall be measured from the mean ground level surrounding the fence or wall to the highest point of the fence or wall.

[2] Fences and walls in side and rear yards shall not exceed eight feet in height.

[3] No fences or walls may be constructed in the clear site triangle or in any portion of a street right-of-way or in a public easement or in any portion of any public or private easement where the easement agreement prohibits fences or walls.

[4] Notwithstanding anything to the contrary contained in this subsection, fences or walls surrounding tennis courts may be not more than 10 feet in height, but tennis courts may not be located in any portion of the required front yard as defined by this chapter.

[5] These regulations shall not apply to the following:

[a] Fences or walls required to be installed in order to comply with swimming pool fencing requirements of this chapter and/or the Township Building Codes[9].

[9] Editor's Note: See Ch. 65, Building Construction.

[b] Fences or walls solely required as a result of an agricultural or horticultural use of real property.

(d) Structures, such as storage sheds, bathhouses, detached garages, and private greenhouses, provided that they do not exceed 20 feet in height and that they meet the following requirements:

[Amended 9-1-1992 by Ord. No. 219; 1-15-2019 by Ord. No. 394]

[1] Structures with a floor area of 144 square feet or less shall be no closer than seven feet to any property line.

[2] Structures with a floor area of more than 144 square feet shall meet the setback requirement for principal buildings for the applicable zoning district.

[3] Such structures shall be permitted accessory uses for single-family detached dwellings only.

[4] The impervious surface requirements of the district in which the use is located must be met and shall be calculated, including the accessory structures.

[5] Decks attached to or immediately adjoining a dwelling unit shall not encroach more than 10 feet into a required rear yard.

[6] All accessory structures shall be located behind the principal building setback line closest to the street on which the principal building fronts.

(e) (Reserved)[10]

[10] Editor’s Note: Former Subsection H(3)(e), which pertained to detached garages which are accessory to residences, added 9-1-1992 by Ord. No. 219, was repealed 1-15-2019 by Ord. No. 394.

(f) Tennis courts or sports courts. Tennis courts or sports courts and any accessory construction associated with tennis courts or sports courts, including but not limited to fencing and paving, shall be no closer than 15 feet to any side or rear property line.

[Added 7-20-1994 by Ord. No. 240]

(g) In addition to the regulations as set forth herein, all accessory buildings or structures shall also be subject to the requirements of § 175-17F of this chapter for minimum setbacks for accessory uses.

[Added 7-20-1994 by Ord. No. 240]

(4) H-4. Outside storage.

(a) Outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, shall be permitted, subject to the following additional provisions:

[1] No part of the street right-of-way, no sidewalks or 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 of the existing building coverage.

[3] Outside storage areas shall be shielded from view from the public streets in accordance with the buffer requirements of this chapter.

(b) Uses requiring more substantial amounts of land area for storage may be exempt from the provisions of Subsection H(4)(a)[2] and [3] above. For these uses only, outdoor storage may be placed within the required yard area so long as all storage is set back a distance equal to at least 50% of the required yard area for the district in which the use is located.

[Amended 1-15-2019 by Ord. No. 394]

[1] Uses that may be exempt include, but are not limited to:

A-1	Agriculture and horticulture
E-11	Automotive sales
G-1	Manufacturing
G-5	Contract services
G-10	Truck terminal
G-12	Recycling facility
G-13	Quarry

[2] Uses that shall not be considered appropriate for inclusion under this provision include:

E-1	Retail shop
E-7	Repair shop
E-10	Service station
E-12	Automotive repair and paint shop
E-13	Car wash
G-3	Mini warehouse/mini storage
G-6	Trades
G-15	Warehouse
G-16	Junkyard

(c) The storage of tractor trailers, panel trucks, vans and similar vehicles which supply or service establishments in commercial or industrial districts shall be permitted, provided that such vehicles shall be used by the establishment in the normal conduct of its business.

(5) H-5. Temporary uses, structures, vehicles, and signs during construction. Such a temporary use shall be limited to uses, structures, vehicles, or signs that are utilized for a specified duration during new construction, renovation, reconstruction, or other special circumstances of a nonrecurring nature, such as fires and acts of nature. This temporary use shall be a permitted use in all zoning districts, provided the primary use is a permitted use within the subject zoning district, and subject to the following provisions:

[Amended 1-17-2017 by Ord. No. 380]

(a) A permit is required. The time period of the initial permit shall be six months. This permit may be renewed for three-month time periods, not to exceed a total time period of two years. Any extension beyond a two-year period will require approval by the Zoning Officer or Board of Supervisors.

(b) Temporary nonconforming use, structures, or signs shall be subject to authorization by the Zoning Officer or Board of Supervisors.

(c) Such temporary uses, structures, or signs shall be removed completely within 30 days of the expiration of the permit without cost to the municipality.

(d) Tractor trailers shall not be permitted to be parked in residential districts, except during construction.

(e) No retail sales shall be permitted from temporary uses or structures.

(f) The placement of all temporary structures shall be subject to the approval of the Zoning Officer.

(g) All signage associated with the H-5 use is subject to the time limits of the temporary permit in Subsection H(5)(a) above, as well as the sign regulations contained in Article XX.

(6) H-6. Swimming pool. A swimming pool shall be permitted as an accessory to a residential use, provided that:

(a) No person, owner or occupant of land shall install or maintain a swimming pool or other artificial body of water capable of being filled to a depth exceeding 24 inches at the deepest or lowest point unless a permit is first obtained from the Building Inspector and the required plans and information are filed, together with required permit fees. Ornamental pools and wading pools which do not exceed 24 inches in depth are exempt from these provisions. Swimming pools shall include any pool, regardless of design or construction materials or the permanency of its location both above and below ground level, which is built, erected, or used for the purpose of bathing or swimming and all buildings, equipment, and appurtenances thereto. This chapter shall also apply to public swimming pools used and maintained by an individual, firm, corporation, club, or association of persons for use by the public or members and their invitees or guests.

[Amended 2-16-2021 by Ord. No. 401]

(b) The building area restrictions as set forth for the pertinent zoning districts in this chapter shall apply and, in addition thereto, each such pool area and the paving or coping surrounding it or associated with it shall be located not less than 15 feet back from the front building setback line and not closer than 15 feet to property lines.

(c) Construction permits are required prior to the construction, alteration, remodeling or additions to a swimming pool or other artificial water areas not specifically exempt from this chapter. Application for a permit for the construction of a swimming pool shall be made to the Building Code Official. Each application for a private or public swimming pool shall be accompanied by a duplicate set of plans, specifications, and plot plans of the property. The location of the pool on the property and with respect to adjoining property and street lines shall be shown, together with the location, height and type of fencing or walls or protective equipment and accessory buildings. No permit for a private or public swimming pool shall be issued until the plans, specifications and plot plans have been approved by the Zoning Officer through compliance with this chapter and the Township Building Code.[11] Fees for swimming pool permits shall be fixed from time to time by resolution of the Board of Supervisors.[12]

[Amended 11-4-1991 by Ord. No. 208; 2-16-2021 by Ord. No. 401]

[11] Editor's Note: See Ch. 65, Building Construction.

[12] Editor's Note: See Ch. A180, Fees.

(d) Written approval must be obtained upon inspection of the pool and subject to the discretion of the inspecting officer.

(e) (Reserved)[13]

[13] Editor’s Note: Former Subsection H(6)(e), which pertained to annual inspections, was repealed 1-15-2019 by Ord. No. 394.

(f) Safety. Any pool or water area subject thereto shall be suitably designed, located and maintained so as not to become a nuisance or hazard either to adjoining property owners or the public generally. All detachable ladders shall be removed when the pool is not in use.

(g) Sanitary quality of water. The physical, chemical and bacterial qualities of the water in public swimming pools shall comply with the latest standards of the Commonwealth of Pennsylvania Department of Health. Failure to maintain the sanitary quality of water prescribed by this section or to restore such water to the required quality within the time prescribed by the Department of Health shall be a violation of this section.

(h) Accessory buildings. Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incidental to the operation of any public swimming pool shall be kept in a sanitary condition at all times and shall otherwise comply with the Township ordinances, rules and regulations.

(i) Construction and maintenance. The construction and design of all pools shall be such that the same can be maintained and operated as to be clean and sanitary at all times. The owners of every such pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing into adjacent public or private property. Swimming pools shall be constructed, equipped, and maintained in strict conformity with the provisions of the latest edition of swimming pool and public health codes issued by the Commonwealth of Pennsylvania and the Bucks County Health Department.

[Amended 2-16-2021 by Ord. No. 401]

(j) Outdoor lighting, if used, shall be installed in such a way as to be shielded and not to illuminate beyond the property line nor reflect toward or into the interior of adjacent residential properties.

[Amended 2-16-2021 by Ord. No. 401]

(k) All electrical work connected with the pool and all equipment incidental thereto shall comply with all Underwriters' Laboratories, Inc., regulations and must be inspected and certified by an electrical underwriter's inspection agency prior to the issuance of a certificate of compliance. In no event may said pool be used prior to such approval.

(l) If pools are connected to any water, sewer or public utility line, there must be installed a separate valve controlling such line, both as to supply and drainage, and a permit must be obtained prior to installation from the agency furnishing such utility service. A minimum isolation distance of 25 feet or distance as required by Bucks County Health Department shall be required between a swimming pool and any sewage disposal system.

[Amended 2-16-2021 by Ord. No. 401]

(m) Approved filtration systems and circulators must be provided for all pools except such exempt or nonexempt wading pools as are emptied on a daily basis as hereinafter provided.

(n) All pool installations shall conform to all applicable construction codes as amended.

[Amended 2-16-2021 by Ord. No. 401]

(o) In no case shall water in the pool or pool area be permitted to emit an offensive odor or create any unhealthful condition. Further, it shall be a violation of this chapter to cause or allow drainage onto adjoining land, public or private.

[Amended 2-16-2021 by Ord. No. 401]

(p) Overhead conductor clearance will comply with the PA UCC and National Electrical Code, as amended.

[Amended 2-16-2021 by Ord. No. 401]

(q) No water shall be placed in the pool until a barrier, as required by this chapter, has been completed.

[Amended 2-16-2021 by Ord. No. 401]

(r) Fencing of pools. Permanent swimming pools above or below grade must be completely enclosed with a barrier in compliance with the latest edition of the International Swimming Pool and Spa Code as referenced by the PA UCC, as amended.

[Amended 2-16-2021 by Ord. No. 401]

(s) The owner of any swimming pool shall allow the Township Building Inspector, Health Officer or other authorized official access to the pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter at all reasonable times.

(t) Pool construction and security. All pools shall be constructed and secured in accordance with the Pennsylvania Uniform Construction Code (UCC), as adopted by Doylestown Township.

[Added 9-1-1992 by Ord. No. 219; amended 1-15-2019 by Ord. No. 394]

(7) H-7. Spa/hot tub/pools of restrictive size. Such pools are permitted on all private lots except those within multifamily dwellings, provided that:

(a) The pool is located either entirely within the house or, if located outside, within an enclosed patio.

(b) The patio shall be fully enclosed by the rear wall of the housing unit and the common walls of adjoining units and/or a wall or fence along the rear and/or side of the patio. The height of the walls or fences shall not be less than 3 5/10 feet or the height of the walls or fences designed throughout the development, whichever is higher. The pool shall be located anywhere within the enclosed patio, either below ground, at grade or above ground, provided that the level of the water surface is at least two feet below the height of the shortest wall or fence enclosing the patio.

(c) The area covered by the pool and any of the framing, decking, pump and filter system or related structures and equipment shall not exceed 40% of the area of the enclosed patio.

(d) The pool shall be required to have a cover capable of being locked, for the purposes of safety and to cover the water surfaces during the off-season or such other periods of nonuse. The pool cover shall be required to be locked when not in use.

(8) H-8. Recreational vehicles. These regulations apply to recreational vehicles which are stored on a property but are not enclosed within a garage or other building.

[Amended 1-18-1994 by Ord. No. 233]

(a) Recreational vehicles include travel trailers, boats, campers, snowmobiles, all-terrain vehicles, trailers for these vehicles and other similar vehicles.

(b) Two recreational vehicles, not enclosed within a garage or other building, shall be permitted per dwelling.

(c) Recreational vehicle parking is permitted as an accessory residential use only for single-family detached dwellings.

(d) Recreational vehicles shall not be stored between the street line and the front building line and/or in front of the principal building unless the recreational vehicle is totally screened from view by fencing and vegetation or the recreational vehicle is at least 400 feet from the front property line of the single-family dwelling.

(e) No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

(f) No recreational vehicles stored on the property shall be closer than seven feet from any property lines.

(g) For the purpose of this subsection, recreational vehicles shall be presumed stored on a property if they remain on the property for more than seven consecutive days and more than 10 days in any calendar month.

(9) H-9. Garage/yard sales. Such uses shall be limited to no more than two days in duration. No more than two such sales can be held per property in a calendar year. There shall be at least 30 days between sales.

(10) H-10. Babysitting service. Babysitting service on a regular and frequent basis for compensation can be provided as an accessory use, provided that:

(a) The number of children in the care of the owner/tenant of the residence shall be limited to three children in addition to the children of the owner/tenant and who normally reside on the premises.

(b) No outside advertising is permitted.

(11) H-11. Raising of livestock. Livestock shall be permitted on residential properties in accordance with the following regulations:

[Amended 1-15-2019 by Ord. No. 394]

(a) A minimum lot area of five acres shall be required.

(b) No more than two animals shall be permitted for every five acres of lot area.

(c) Accessory structures shall be located only in the side or rear yards and no closer than 100 feet from the property lines.

(d) Poultry. The following regulations shall apply specifically to the raising and keeping of chickens on a noncommercial basis at a residential property:

[Amended 2-16-2021 by Ord. No. 401; 6-18-2024 by Ord. No. 425]

[1] A minimum lot area of 40,000 square feet shall be required.

[2] Five chickens are permitted for the first 40,000 square feet, and one additional chicken is permitted for each additional 10,000 square feet of lot area.

[3] No rooster shall be permitted on any lot less than five acres.

[4] Chicken runs, pens, henhouses, and chicken coops shall be set back from any lot line not less than 50 feet or the minimum yard setbacks for the district in which they are located, whichever is greater.

[5] All structures relating to chickens shall be located to the rear of the residence.

[6] No facility for storing manure shall be located within 50 feet of any lot line.

[7] The exterior areas of henhouses and chicken coops shall not be illuminated.

[8] A written waste storage and removal plan shall be submitted. The henhouse, chicken run and pen and surrounding area must be kept free from trash and accumulated manure.

[9] Chickens must be kept in a coop, enclosure or fenced area at all times. No chicken shall be permitted to roam freely.

[10] The Township may periodically inspect the facility, upon reasonable notice, to ensure that all conditions of the special exception are continuously met.

(12) Accessory family apartment. One accessory dwelling unit to a single-family detached dwelling shall be permitted as a residence by family members or a family caregiver, provided that the conditions set forth in this section are met, and further provided that the accessory use, in all respects, complies with this chapter relating to the zoning district wherein the proposed accessory dwelling unit is to be constructed or to be used.

[Added 5-4-1993 by Ord. No. 224; amended 2-16-2021 by Ord. No. 401]

(a) The accessory family apartment shall occupy no more than 25% of the total usable floor area of the principal residence, not including any garage.

(b) Accessory family apartments shall be part of the principal residence or may be contained in the existing accessory structure such as a garage.

(c) The required off-street parking for the principal dwelling plus one additional off-street parking space for the accessory family apartment shall be provided.

(d) There shall be no changes to the exterior of the residence which suggests that the dwelling unit is other than a single-family dwelling or which would otherwise detract from the single-family character of the neighborhood. Manufactured homes, industrialized housing, recreational vehicles, travel trailers, and any other wheeled or transportable structure shall not be used as an accessory family apartment.

(e) No more than one accessory family apartment shall be permitted per single-family detached dwelling.

(f) A maximum of two occupants are permitted in such units. Accessory family apartment shall be occupied by family members or a family caregiver.

(g) Each accessory family apartment shall be registered with the Township Zoning Officer, who shall keep a record of its use to ensure compliance with this chapter. A fee shall be imposed by the Township Board of Supervisors for the registration of said use, which said fee shall be fixed periodically by the Board of Supervisors by resolution. Registration of an accessory family apartment shall expire upon conveyance of the property, at which time the new property owner may reregister said use if warranted.

(h) A certification shall be received from the Bucks County Board of Health or other regulatory agency certifying that the wastewater facilities are adequate to accommodate the single-family dwelling as well as the accessory family apartment as defined in this subsection.

(i) The record owner of the property shall grant a deed restriction limiting such use in accordance with the foregoing provisions in favor of the Township, which agreement shall contain the following provisions:

[1] A description of the dimensions and location of accessory use.

[2] Being in a recordable document acceptable to the Township for filing with the Bucks County Recorder of Deeds Office. All costs for the preparation and recording of the foregoing document are the responsibility of the applicant for the accessory use.

[3] The rental of an accessory family apartment shall not be permitted, nor shall it be used in any way as an income property.

(13) Accessory apartment. Accessory apartment dwelling units shall be permitted as an accessory use, provided the following conditions are met:

[Added 4-15-2003 by Ord. No. 309)

(a) The apartment use shall be accessory to nonresidential uses only.

(b) No accessory uses shall be permitted in a building or structure wherein the principal use is a residential use or on a lot whereon the principal use is a residential use.

(c) Each accessory apartment unit shall contain separate cooking, sleeping, living and bathroom facilities.

(d) One accessory apartment will be permitted per 1,000 square feet of nonresidential use.

(14) H-14. Wind energy facility and/or system.

[Added 1-19-2010 by Ord. No. 352]

(a) There shall be a maximum of one device on a single parcel, or multiple contiguous parcels in the same ownership.

(b) Wind energy facilities and/or systems shall be located no less than 100 feet from overhead utility lines and no less than 300 feet from a street line unless the building located on the parcel is located closer to the street line than 300 feet, at which time, the wind energy facility and/or system may be located no closer than the front setback of the house and/or primary building from the street line. In no case, however, shall a wind energy system be located within a front yard as defined in the Zoning Ordinance or within the minimum required side and/or rear yard.

(c) Maximum height of the structure, including all moving and rotating parts, shall be 65 feet, measured from the undistributed ground elevation at the base of the device, to the highest point of the arc of the blade, or to the top of the tower, whichever is greater, unless a greater restriction is imposed by FAA regulations.

(d) Minimum distance between the undisturbed ground at the base of the device and any protruding blade shall be 15 feet, as measured at the lowest point of the arc of the blades.

(e) When a building is necessary for storage cells or related mechanical equipment, the building shall not exceed 150 square feet in area, shall not exceed eight feet in height and must not be located in any required front, side or rear yards.

(f) Wind turbines shall be an unobtrusive, nonreflective color such as white, off-white or gray, or the original factory galvanized steel.

(g) Shadow flicker at any occupied building on any adjacent property caused by a wind energy facility and/or system located within 1,000 feet of the occupied building shall not exceed 30 hours per year.

[1] Noise and/or shadow flicker provisions may not be applicable if the following conditions are met:

[a] The affected property owner(s) sign an agreement that allows the noise and/or shadow flicker to exceed the above noted requirements.

[b] The written agreement shall state the zoning ordinance requirements, indicate how the wind energy facility and/or system does not comply with the requirements, and state the maximum limit the noise and/or shadow flicker may be above the zoning requirements.

[c] Any such agreement shall be signed by the applicant and the applicable adjacent property owner(s), and recorded on all affected properties in the Recorder of Deeds Office.

(h) Operation of a device shall comply with the performance standards of § 175-26 of the Zoning Ordinance.

(i) The use shall not interfere with the reception of any radio, television or other communication equipment, nor inhibit solar access to adjacent properties.

(j) No artificial lighting (unless required by the Federal Aviation Administration), signage (with the exception of warning signage at the base of the tower), or any forms of advertising shall be utilized or attached to the wind energy facility and/or system.

(k) All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The tower shall not provide steps or a ladder readily accessible to the public for a minimum height of eight feet above the ground surface. All wind energy facilities and/or systems and associated buildings shall be enclosed by a fence at least four feet in height which is located at least five feet from the base. All access doors and gates shall be locked, as appropriate, to prevent entry by unauthorized persons.

(l) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(m) Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along guy wires up to a height of 10 feet from the ground.

(n) All wind energy facilities and/or systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

(o) All wind energy facilities and/or systems shall primarily serve on-site generation needs unless otherwise approved by the Board of Supervisors. If a hookup to a public or community utility system is proposed, electrical plans must be prepared by a certified electrical engineer, at the applicant's expense, and submitted to the utility company and Township for approval.

(p) If a proposed project includes the installation of building-integrated wind energy facilities, then such facilities shall be integrated into the overall design and architecture of the proposed project.

(q) Building-integrated wind energy facilities and/or systems shall not have a height (as measured from the highest portion of the roof), including all mounting and supporting structures, greater than 25% of the height of the building on which the facility is to be installed, and may not exceed 65 feet from the ground to the highest point of the turbine rotor plane.

(r) Design and location of a wind energy facility and/or system shall consider, to the greatest extent possible, the aesthetics of the surrounding environment. In no case shall a device be attached to a structure listed on the Registry of Historic Structures. The Township may require submission of illustrations and photos depicting the color, size, shape, and architectural features of the proposed device; and submission of color photographs of the proposed tower location taken from view of all adjoining properties and roads. All utility lines, including electrical wires other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be installed underground in accordance with the prevailing standards of the servicing utility company.

(s) Any wind energy facility and/or system that is defective, or has been abandoned, that is deemed to be unsafe by the Township Building Code Official shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within three months of written notification from the Township. If the owner fails to remove or repair the defective or abandoned wind energy system, the Township may pursue a legal action to have the system removed at the owner's expense.

(t) A plot plan of the parcel on which the facility will be located shall be submitted, which identifies property lines, lot area, location of existing natural and manmade features, location of the proposed wind energy device, ownership information for adjoining properties, and setback measurements from property and street lines.

(u) A wind energy facility and/or system, including the tower, shall comply with all applicable state construction and electrical codes, and the National Electrical Code. Prior to issuance of a building/zoning permit for installation of the device, the applicant must submit to the Township all documentation required by the Township Building Code Official to verify that the design of the device complies with the Pennsylvania Uniform Construction Code (UCC), including, but not limited to, documentation of the structural integrity of the foundation, base, tower, and all appurtenant structures; and electrical design. Design information must be certified by a licensed professional engineer in the Commonwealth of Pennsylvania, and/or equipment manufacturer.