A.
Unless a contrary intention clearly appears, the following
words and phrases shall have, for the purpose of this chapter, the
meanings given in the following clauses and shall be interpreted as
follows.
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation, partnership,
and association as well as the individual.
(4)
The word "lot" includes the words "plot," "tract"
or "parcel."
(5)
The term "shall" is mandatory.
(6)
The word "used" or "occupied" as applied to any land
or building shall be construed to include the words "intended, arranged,
or designed to be occupied."
(7)
The word "Commission" and the words "Planning Commission"
always mean the New Hope Borough Planning Commission.
(8)
The word "Council" or the words "Borough Council"
or "governing body" always mean the New Hope Borough Council.
(9)
The word "Board" or the words "Zoning Hearing Board"
always mean the New Hope Borough Zoning Hearing Board.
B.
Any word or term not defined shall be used with a
meaning of standard usage.
As used in this chapter, the following terms
shall have the meanings indicated:
A structure subordinate to the principal use or structure
on a lot and used for purposes customarily incidental to those of
the principal use or structure, including but not limited to garages
and sheds.
As applied to a building or structure, a change or rearrangement
of the exterior parts, or an enlargement, whether by extending on
a front, rear, or side or by increasing in height, or the moving from
one location or position to another.
As applied to a building or structure, a change or realignment
of the interior parts.
All devices commonly known as "pinball machines," and all
video games of whatever kind or nature, whether or not electronically
activated. Arcade devices shall not include the following:
The space between the ceiling beams of the top habitable
story and the roof rafters. This space is not habitable.
A roof-like structure extending over or in front of a window,
patio, or deck to provide shade or cover, made of temporary materials
and having no permanent foundation.
A platform that extends from the exterior wall of a building,
intended for human use.
That portion of a building that is partly or completely below
grade.
The site area minus existing road and utilities rights-of-way
and land shown on previous subdivisions or land development plans
as restricted from development.
A structure having a roof that is used for the shelter or
enclosure of persons, animals, or property. The word "building" shall
include any part thereof.
BUILDING, ACCESSORYA subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building.
BUILDING, PRINCIPALA building in which the principal use of the lot is conducted.
The total of areas taken on a horizontal plane measured to
planes perpendicular to the earth and located tangentially at the
exterior face of any portion of the principal building and all accessory
buildings, exclusive of uncovered porches, terraces and steps.
That percentage of the lot area covered by the building area,
as defined herein.
See the definition of "height of a structure."
See "principal building protection zone."
The line parallel to the street right-of-way line at a distance
therefrom equal to the depth of the front yard required for the district
in which the lot is located.
A line parallel to the rear lot line at a distance from the
rear lot line equal to the depth of the minimum rear yard required.
A line parallel to the side lot line at a distance therefrom
equal to the depth of the minimum side yard required.
The minimum distance between buildings measured from the
outermost wall or projection to the nearest point on another building.
An exterior wall that is used as an enclosing wall for a
building.
A line parallel to the street right-of-way that establishes
the maximum distance that a building or principal structure may be
set back from the street right-of-way.
The hard or paved surface portion of any street, or that
portion of a street customarily used by vehicles in the regular course
of travel over the street.
A permit required for use and occupancy of a building or
structure after it has been determined by the Borough that it meets
all requirements of the Uniform Construction Code and other applicable
codes.
An individual who has been certified as an arborist by the
International Society of Arboriculture (ISA), or a successor organization,
and maintains such certification in good standing.
[Added 6-15-2010 by Ord. No. 2010-03]
A building or group of buildings, in which units are owned
individually, and the lot, common areas, and facilities are owned
by all the owners on a proportional, undivided basis.
A roofless structure attached to the principal structure,
exterior to, and part of, the principal structure. An unattached deck
is an accessory structure.
The towpath berm and intended waterway of the Delaware Division
of the Pennsylvania Canal, and including all adjacent lands, aqueducts,
and drainage channels owned by the Commonwealth of Pennsylvania as
part of the Delaware Canal State Park.
The number of dwelling units per acre, calculated in accordance
with the terms of this chapter.
Any man-made change to improved or unimproved real estate.
The change may include, but is not limited to, buildings or other
structures, the placement of mobile homes, streets, utilities, mining,
dredging, filling, grading, paving, excavation or drilling operations.
Any room or group of rooms forming a single habitable unit
with facilities used or intended to be used for living, sleeping,
cooking and eating by one family.
A grant of the use of a parcel of land to the use of the
public, a corporation, or person, for a specified purpose.
The greatest number of persons to be employed on the premises
in question at any one time of the day or night.
Shall include only the following:
[Amended 8-8-2007 by Ord. No. 2007-09]
One or more persons related by blood, foster
relationship, marriage or adoption, and in addition any domestic servants
or guests thereof; and
A group of unrelated persons living together
in a dwelling unit as a single housekeeping unit, without a profit
motive, maintaining a nontransient common household and sharing a
permanent unity of social life.
The sum of the gross horizontal areas of all floors of a
building or structure from the exterior face of exterior walls, or
from the center line of the wall separating two buildings, but excluding
any space where the floor to ceiling height is less than six feet.
The gross floor area shall include the area of a basement, cellar
or attic where the floor to ceiling height is more than six feet and
shall also include the area of any deck or porch intended to be used
for human habitation or service to the public, if the deck or porch
represents part of the principal structure or an accessory structure.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, or floor space for accessory
heating and ventilating equipment, and excluding any space where the
floor to ceiling height is less than six feet. Net floor area shall
include all floor areas of a building, including decks and porches,
intended to be used for human habitation, service to the public, and
other such principal or accessory uses, including basements, attics,
storage areas, etc., where the floor to ceiling height is more than
six feet.
Prepackaged food and drink not prepared in any manner whatsoever
on the premises from which it is sold to the public and food and drink
sold on a premises not requiring licensing by the Bucks County Board
of Health, Division of Environmental Sanitation.
Areas, groves or stands of mature trees (i.e., greater than
eight inches in caliper) consisting of 10 or more individual trees
covering an area of 1/4 of an acre or more.
A vertical distance measured from the average of the grades
taken at ten-foot intervals around the building perimeter to the top
of the highest roof beams on a flat or shed roof, to the deck level
on a mansard roof and the average distance between the eaves and the
ridge level for gable, hip and gambrel roofs, provided that this area
is nonhabitable space. If the area behind a gable, hip, or gambrel
roof is habitable space, then the building height shall be measured
to the top of the structure.
[Amended 11-19-2019 by Ord. No. 2019-03]
The official board empowered by Act 167 and Borough Council
to review and make recommendations regarding changes within the Historic
District.[2]
The official historic district established by the Borough
under the authority of Act 167.
Any structure or site listed on, or eligible to be listed
on, the National Register of Historic Places or the commonwealth inventory
of historic places, or which has been designated to be of historic
or architectural significance by the Borough Council as part of an
officially adopted list.
Those that do not absorb precipitation and surface water.
All buildings, parking areas, driveways, roads, sidewalks and areas
in concrete, stone, and asphalt and any additional areas that do not
absorb water in the judgment of the Borough Engineer are considered
impervious surfaces.
Total area of all impervious surfaces within the site divided
by the base site area.
Those physical additions, installations and changes required
by ordinance or the Borough Council, or proposed by an applicant or
property owner, such as streets, driveways, parking areas, curbs,
sidewalks, water mains, sewers, drainage facilities, public utilities,
and any other appropriate items required to render land suitable for
the use proposed.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively; or
A single nonresidential building on a lot or
lots regardless of the number of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Consists of any of the following, or a combination thereof:
materials such as, but not limited to, grass, ground covers, shrubs,
vines, hedges, trees; and including nonliving durable material commonly
used in landscaping, such as, but not limited to, rocks, pebbles,
sand, walls, or fences.
A parcel of land used or set aside and available for use,
such as the site of one or more buildings and accessory buildings,
in one ownership and neither divided by a street nor including any
land within the right-of-way of a public or private street upon which
said lot abuts, even if the title to such right-of-way is in the owner
of the lot. A lot can be established by deed, subdivision plan, condominium
plan, planned community or other plan creating unit ownership, or
any other instrument creating an area of land intended to be used
as a lot. A lot, for the purpose of this chapter, must coincide with
a lot of record or must satisfy criteria within this chapter to meet
minimum area and dimensional standards. Any unit created under a condominium
plan that contains open land in addition to a building will be deemed
a lot under this chapter.
The area contained within the property lines of a lot, excluding
space within an existing or future right-of-way and excluding the
area of all easements.
A lot that has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangent
to the curve, at the points beginning within the lot or at the points
of intersection of the side lot lines with the street lines, intersect
at an angle of less than 135°.
The area of a lot that is occupied by a use or covered by
principal structures, accessory structures, paving, decks, and walkways.
Lot coverage includes everything except landscaping.
The mean distance from the street line of the lot to its
opposite rear lot line measured in the general direction of the side
lot lines of the lot.
Any boundary line of a lot.
LOT LINE, REARAny lot line parallel to or within 45° of being parallel to a street line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line.
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.
LOT LINE, FRONTThe dividing line between the street and the lot. The front lot line shall be the same as the right-of way line and is the same as the street line.
An interior lot having frontage on two parallel or approximately
parallel streets.
The distance measured between the side lot lines at the required
building setback line. In a case where there is only one side lot
line, lot width shall be measured between such side lot line and the
opposite rear lot line or street line. For lots with more than one
principal building or use, the minimum lot width shall be the sum
of the required lot widths for each use and building.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone, dolomite, sand
and gravel, rock and stone, earth, slag, iron ore, zinc ore, vermiculite
and clay, coal, peat, crude oil and natural gas.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure that does not comply with
the applicable area, setback, yard, building height, location, size,
or impervious surface provisions of this Zoning Chapter or amendment
heretofore or hereafter enacted where such structure lawfully existed
prior to the enactment of such ordinance or amendment. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such ordinance or amendment.
Land used for recreation, resource protection, scenic area,
or community greens and is protected by the provisions of this chapter
and the Subdivision and Land Development Ordinance[3] to ensure that it remains protected from future development.
Open space does not include land occupied by roads; road rights-of-way;
the yards or minimum lot areas of dwelling units; minimum separation
distances between dwellings; driveways, parking areas; stormwater
management basins, easements or areas used to handle stormwater runoff;
or any lands or uses or activities which are specifically prohibited
in open space by the terms of this chapter and the Subdivision and
Land Development Ordinance.
The total amount of open space within the site divided by
the base site area.
A space available for the parking of one motor vehicle. A
parking space may include either covered garage space or uncovered
parking lot space located off the street right-of-way.
An unheated, unglazed roofed structure attached to a principal
structure.
Land set aside for use as a street, alley, or other means
of travel.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or the Borough.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate width for future street improvements.
The seating capacity of a building as determined by the specifications
and plans filed with the Borough. When individual seats are not provided,
each 20 inches of a bench or similar seating accommodation shall be
considered as one seat for the purposes of this chapter.
PUBLIC SEWERAny municipal, authority, or privately owned wastewater system in which wastewater is collected from buildings and piped to an approved wastewater disposal system. It may also be referred to as an "off-lot" or "off-site" sewer.
PRIVATE SEWERAn on-lot waste disposal system providing for disposal of effluent for only one building or a group of buildings on a single lot.
Any tree, shrub or other woody plant on or within the legal
right-of-way of any public highway, street or road in New Hope Borough,
or that part of any tree, shrub or other woody plant which extends
within the lines of the legal right-of-way of any public highway,
street or road.
[Added 6-15-2010 by Ord. No. 2010-03]
All area within a site or tract as determined by a site survey.
[Amended 8-8-2007 by Ord. No. 2007-09]
BASE SITE AREAThe site area minus existing roads and their ultimate rights-of- way, utilities rights-of-way, other public easements, land which is restricted due to easements or covenants, and land shown on previous subdivisions of land development plans as reserved from development for natural resource reasons, recreation and/or open space restrictions.
NET BUILDABLE SITE AREAThat part of the base site area remaining after the amount of open space necessary for resource protection and/or to meet the open space requirements of this chapter has been calculated and deducted.
Three or more steps in succession.
A ninety-degree vertical transition of a walkway from one
level to another and consisting of one tread and one riser.
A step platform or landing is a level surface at the top
or bottom of a stair and is equal to but not more than two feet greater
than the required stair width and not more than five feet in length
between risers.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
A right-of-way, excluding waterways, municipally or privately
owned, serving as a means of vehicular and pedestrian travel, furnishing
access to abutting properties and space for public utilities.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that where
a future right-of-way width for a road or street has been established,
that width shall determine the location of the street line.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, excluding
children's play equipment such as swings, slides and so forth, and
public art sponsored by the Borough or nonprofits recognized by the
Borough.
A temporary, portable shelter of fabric or other material
placed over a supporting framework of poles, ropes and pegs or other
devices.
A vehicular portable structure built on a chassis designed
for travel, recreation, vacation and other short-term, temporary uses.
A travel trailer may be either self-propelled or pulled by another
vehicle. Recreational vehicles include, but are not limited to, the
following: travel trailers, motor homes, folding tent campers, boats,
boat trailers, snowmobiles, and all-terrain vehicles.
Any activity, occupation, business or operation carried on,
or intended to be carried on, in a building or other structure or
on a tract of land or lot.
A use located on the same lot with a principal use, and clearly
incidental or subordinate to, and customarily in connection with the
principal use.
The gross total of the floor area, plus all areas exterior
to a building or structure that occupy a use on a lot or parcel.
The percentage of the lot area covered by the building area
and the area on a lot exterior to a building that may be occupied
by a use.
A use allowed subject to the provisions of this chapter,
exclusive of any nonconforming or illegal use.
The main use on a lot, which represents the primary activity,
occupation or business operation carried on, or intended to be carried
on, in a building or other structure or on a tract of land. Only one
principal use shall be permitted on a lot, unless otherwise specifically
permitted by this chapter.
See the definition of "forest."
An open space unobstructed from the ground up, except as
may be expressly permitted by this chapter, on the same lot with a
structure, extending along a lot line or street line and inward to
the structure. The size of a required yard shall be measured as the
shortest distance between the structure and a lot line or street line.
No portion of a structure, building or use may obstruct a yard area,
unless otherwise specifically permitted by this chapter.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
A document signed by the Zoning Officer and required by this chapter, as a condition precedent to the commencement of a use, change in use, change in tenant, occupant or owner, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of this chapter, with the conditions of any subdivision or land development approval, or with an authorized variance from the requirements of this chapter. The requirements for zoning permits in § 275-71 apply.
