Article IV Use Regulations

Except as specifically permitted by this chapter, on any property, lot, tax parcel or tract of land, only one principal use shall be permitted unless the property, lot, tax parcel, or tract has been divided by leaseholds or condominium agreements, in which case no more than one single use may occupy a single leasehold or condominium unit, provided that each such leasehold or condominium unit meets all applicable dimensional standards of this chapter.

In the case of nonresidential uses, a single use shall be defined as a single business. Each proposed single use shall provide a taxpayer identification number with the zoning permit application. This subsection shall not prohibit permitted accessory uses from occupying the same lot as a principal use.

Land development and/or subdivision approval required. Land development and/or subdivision application and approval shall be required, in addition to zoning approval, in accordance with the requirements of the Pennsylvania Municipalities Planning Code and the New Hope Borough Subdivision and Land Development Ordinance for any proposed activity requiring such approval.

Historic Architectural Review Board. Uses or activities within the Historic Districts that are subject to review by the New Hope Borough Historic Architectural Review Board (HARB) shall receive a certificate of appropriateness or meet HARB's predetermined standards prior to receiving a zoning permit.

Overlay districts. Within the Floodplain Overlay District and the Historic District, all buildings, structures, and uses of land shall be subject to all rules and regulations of the underlying zoning district but shall also be subject to the requirements of the overlay districts. In case of conflict, the more restrictive regulations shall apply.

Municipal uses and development. The regulations of this chapter shall not apply to uses and activities of New Hope Borough.

Application and permit requirements.

Change in ownership, occupancy, or tenancy of a structure, building, or lot where the use remains the same. All proposed changes in the ownership, occupancy, or tenancy of a structure, building, or lot, where the use is the same (as defined by this article), shall be required to receive from the Borough a zoning permit and an occupancy permit, or a certificate of use and occupancy.

Change in use. Where a new use is proposed, a zoning permit and occupancy permit, or a certificate of use and occupancy, shall be required in addition to any other approvals that may be required.

Principal building protection zone.

The principal building protection zone is similar to a yard setback, only measured from the outer-most portion of the building wall on each side of a principal building or structure.

The principal building protection zone is determined as follows:

Measure from the outermost wall of each building side perpendicular a distance equal to the corresponding yard setback for the zoning district and/or use, whichever is greater. For example, for the outermost portion of the front building wall, measure outward a distance equal to the applicable front yard setback.

At the minimum distance point from each building wall, extend a line running parallel in both directions to the outermost building wall.

The four points where the parallel lines intersect form the corners of a rectangle. That rectangle is the perimeter of the principal building protection zone.

No principal building protection zone may overlap the principal building protection zone for any other principal building.

If any existing accessory building on any lot is proposed to be designated by condominium plan for separate unit ownership, it shall be deemed to be a principal building and shall meet all zoning requirements for principal buildings.

No condominium plan, planned community or other plan creating unit ownership on all or a portion of any lot may be recorded until all provisions of this section are met. New Hope Borough must review and approve all such plans for compliance with this section.

Use coverage, maximum.

Where portions of a lot, exterior to a building or structure, are permitted to be occupied by a use, the maximum percentage of the lot to be occupied shall be limited to the maximum building coverage plus 50% of such limitation.

§ 275-12 Uses subject to other regulations.

All uses shall be located within the principal building protection zone, unless otherwise specifically permitted by this chapter.

All uses permitted shall be subject, in addition to the regulations of this chapter, to all other applicable Borough, county, state or federal requirements and licensing regulations and to the requirements of any other agency with jurisdiction. 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, the Pennsylvania Uniform Construction Code, state road regulations, and fire safety requirements.

No final plan of subdivision or land development shall be approved and no zoning permit shall be issued until approval is obtained for wastewater disposal from the Borough and from the Bucks County Department of Health, unless the premises are served by public wastewater facilities, in which case the agency providing wastewater disposal services shall be required to provide evidence that the property will be served by public facilities. Documentation certifying that treatment capacity from the authority providing treatment is available shall be required prior to plan approval or zoning permit issuance.

No final plan of subdivision or land development shall be approved and no zoning permit shall be issued until approval is obtained for potable water supply from the Borough and from the Bucks County Department of Health, unless the premises are served by public water facilities, in which case the agency providing public water shall be required to provide evidence that the property will be served by public facilities.

All uses shall comply with the Borough's nuisance standards for, including, but not limited to, noise, odor, glare, and vibration, contained in this chapter or elsewhere within the New Hope Borough Code of Ordinances.

§ 275-13 Agricultural and forestry uses.

Commercial nursery or greenhouse: the raising of plants, shrubs and trees for sale and transplantation. This use does not include a retail garden center and is limited to the sale of plant material grown on the property.

Keeping of dogs for commercial purposes: the use of a lot for the keeping of dogs for commercial purposes for a fee shall be subject to the following requirements:

Minimum lot area required: five acres.

All animal shelters in which dogs are housed shall be located a minimum of 150 feet from all lot lines.

No run shall be closer than 150 feet to any lot line. As used herein, the term "run" shall mean any outside area where animals are permitted to exercise without being under the physical control of a handler.

No dog runs or shelters may be located in a front yard.

All areas used for exercising and training of animals shall be enclosed by a fence not less than six feet in height or of such height as to prevent dogs from escaping from the fenced area. The fence shall be no closer than 20 feet from any lot line. The shelters, runs, and exercise areas shall be screened along the exterior perimeter from adjoining residential uses by a double row of evergreen plantings which serve to screen noise and create a visual and physical barrier. Evergreens shall be a minimum of six feet in height.

All training shall be under the direct control of the owner or handler.

All dogs must be kept indoors between 10:00 p.m. and 7:00 a.m.

No more than six adult dogs (i.e., over six months of age) or more than 10 dogs of any age may be kept on the property at any one time.

No facility shall be permitted to violate the noise standards of this chapter or the New Hope Borough Code of Ordinances.

Forestry/timber harvesting: the management of forests and timberlands when practiced in accordance with accepted forestry principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. Clear cutting or selective cutting of forest or woodlands for development, building, subdivision, or any other land use change is not forestry.

Purpose. In order to preserve forests and the environmental and economic benefits they provide, it is Borough policy to encourage the owners of forest land to continue to use their land for forestry purposes.

Applicability. A zoning permit shall be required for all forestry/timber harvesting activities; however, an individual property owner need not obtain a permit to cut down a tree or trees as part of normal home maintenance and upkeep, provided such tree or trees are not located in the right-of-way of a public street, and the following activities are specifically exempted.

Removal of diseased or dead tree:

Removal of trees which are in such a condition or physical position as to constitute a danger to the structures or occupants of properties or a public right-of-way.

Removal of up to five trees per acre of woodlands per year, not to exceed a total of 10 trees per lot, or any combination of adjoining lots in common ownership, which are 12 inches or more in diameter, measured at breast height, and not covered by the exemptions in the Subsection C(2)(a) and (b) above.

Forestry plan required.

Notification of commencement and completion. For all forestry and timber harvesting operations that are expected to exceed one acre, the landowner shall notify the Borough at least 10 business days before the operation commences and again within five business days before the operation is complete. No timber harvesting shall occur until the notice has been provided. Notification shall be in writing and shall specify the land on which harvesting will occur, the expected size of the harvest area, and the anticipated starting and completion dates of the operation.

Forestry plan. Every landowner on whose land timber harvesting is to occur shall prepare a written logging plan in the form specified by this chapter. No timber harvesting shall occur until the plan has been prepared. The provisions of the plan shall be followed throughout the operation. The plan shall be available at the harvest site at all times during the operation and shall be provided to the Borough enforcement officer upon request.

Responsibility for compliance. The landowner and the operator shall be jointly and severally responsible for complying with the terms of the logging plan.

Contents of the forestry/logging plan.

Design, construction, maintenance of the access system, including haul roads, skid roads, skid trails and landings;

Design, construction and maintenance of stream and wetland crossings;

The general location of the proposed operation in relation to municipal and state highways, including any accesses to those highways;

Copies of all required permits shall be submitted;

Proof of current general liability and/or worker's compensation insurance;

Proof of PennDOT highway occupancy permit or Borough driveway permit for temporary access, as applicable;

Copy of Bucks County Conservation District letter of adequacy for the proposed erosion control facilities, including associated plans, reports and other permits as required;

Map showing site location and boundaries, including both the boundaries of the property on which the timber harvest will take place and the boundaries of the proposed harvest area within that property;

Significant topographic features related to potential environmental problems;

Location of all earth disturbance activities, such as roads, landings and water control measures and structures; and

Location of all crossings of streams or waters of the commonwealth.

Compliance with all laws. The forestry/logging plan shall address and comply with the requirements of all applicable federal, state and Borough laws and regulations, including, but not limited to, the following:

Erosion and sedimentation control regulations contained in 25 Pennsylvania Code, Chapter 102, promulgated pursuant to the Clean Streams Law (35 P.S. § 691.1 et seq.);

Stream crossing and wetlands protection regulations contained in 25 Pennsylvania Code, Chapter 105, promulgated pursuant to the Dam Safety and Encroachments Act (32 P.S. § 693.1 et seq.);

Stormwater management plans and regulations issued pursuant to the Pennsylvania Stormwater Management Act (32 P.S. § 680.1 et seq.);

Compliance with federal law/regulations. The forestry/logging plan shall address and comply with the requirements of all applicable federal laws and regulations, including, but not limited to, the best management practices (BMPs); and

Compliance with Borough ordinances. The forestry/logging plan shall comply with the requirements of this chapter, which limits removal of trees to 50% of the wooded area.

Forest practices. The following requirements shall apply to all forestry/timber harvesting operations;

Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the Borough or the Pennsylvania Department of Transportation, whichever is responsible for maintenance of the thoroughfare.

No forestry refuse shall be left on or within 25 feet of any public thoroughfare.

Litter resulting from a timber harvesting operation shall be removed from the site before it is vacated by the operator.

Any soil, stones and/or debris carried onto public roadways must be removed immediately.

No forestry/logging use shall be permitted within areas with slopes of 15% or greater.

When the harvest is completed, both dirt roads used by the trucks and skid roads used to drag the logs from the woods to the loading area must be graded approximately to original contours and be seeded and mulched as necessary to establish stable groundcover.

A no-logging buffer zone with a width of 25 feet shall be maintained along any street abutting or running through a property on which the forestry/logging operation is to be conducted. The buffer shall be measured from the ultimate right-of-way of a public street and from the easement boundary of a private street. No trees shall be cut, removed, skidded, or transported in a no-logging buffer zone except as necessary for access to the site from the street.

A no-logging buffer zone with a width of 50 feet shall be maintained along all properties abutting a property on which the logging operation is to be conducted. The buffer shall be measured from the property line. No trees shall be cut, removed, skidded, or transported in a no-logging buffer zone except as necessary for access to the site from a street.

A no-logging riparian buffer zone with a width of 50 feet shall be maintained along both sides of any watercourse or canal that abuts or runs through a property on which the forestry, logging, or timber harvest operation is to be conducted. The buffer shall be measured from the high-water mark of the watercourse or canal. No trees shall be cut, removed, skidded, or transported in a no-logging riparian buffer zone.

Minimum lot area required for forestry/timber harvesting: five acres.

Financial security shall be established in a manner acceptable to the Borough to guarantee repair of all damage that may occur to public streets due to the forestry/logging operations, to guarantee compliance with erosion and sedimentation control plans and stormwater management plans, and to guarantee restoration of the site upon completion of logging operations.

Enforcement.

Inspections. Any official or employee of the Borough may go upon the site of any timber harvesting operation before, during or after active logging to:

Review the logging plan or any other required documents for compliance with this chapter; and

Inspect the operation for compliance with the logging plan and other on-site requirements of this chapter.

Violation notices; suspensions.

Upon finding that a forestry or timber harvesting operation is in violation of any provisions of this chapter, the Borough shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken. The Borough may order the immediate suspension of any operation upon finding that:

Corrective action has not been taken by the date specified in a notice of violation;

The operation is proceeding without a logging plan; or

The operation is causing an environmental risk.

Suspension orders shall be in writing, shall be issued to the operator and the landowner, and shall remain in effect until, as determined by the Borough, the operation is brought into compliance with this chapter, or other applicable statutes or regulations.

The landowner or the operator may appeal an order or decision of an official or employee of the Borough in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.

§ 275-14 Residential uses.

Detached dwelling: a dwelling unit for one family on an individual lot with private yards on each side of the structure. Mobile homes will be permitted as detached dwellings in all districts in which detached dwellings are permitted and shall conform to all requirements as specified in this chapter for detached dwellings. A "mobile home" is a transportable, single-family dwelling unit intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed in conformance with the applicable federal and state laws and codes pertaining to manufactured housing.

Cluster development: a development of single-family dwellings, with each dwelling being connected to public water and sewer facilities, that are clustered to preserve larger areas of open space. Each cluster development use has minimum mandatory open space requirements, providing that certain open space shall be set aside as permanent useable open space used for a park, playground, or the protection of environmental features, excluding stormwater detention facilities. A cluster development shall not contain remnants of unusable land left over from layout of the development.

[Amended 6-11-2008 by Ord. No. 2008-06]

Detached dwelling cluster: a development of single-family detached dwellings with specified minimum tract and lot sizes, and a mandatory open space requirement. Dimensional requirements shall be as follows:

Minimum base site area: 10 acres.

Minimum lot area per dwelling unit: 12,500 square feet.

Minimum lot width at building line: 85 feet.

Maximum impervious surface (tract): 20%.

Maximum impervious surface (lot): 40%.

Maximum density: 2.0 dwelling units per acre.

Minimum open space ratio: 50%.

Minimum yards:

Front: 40 feet.

Sides (each): 12 feet.

Rear: 25 feet.

Maximum building coverage: 15%.

Maximum building or structure height: 35 feet.

Attached dwelling cluster: a development of single-family attached dwellings with specified minimum tract and lot size and/or building areas and a mandatory open space requirement. An attached dwelling cluster development shall be either Type 1 or Type 2, depending upon the form of ownership, and shall meet the respective requirements of one of the following types of units. In addition, every attached dwelling cluster development shall meet the requirements set forth in Subsection B(2)(c) below.

Type 1: a development of single-family attached dwelling units with a mandatory open space requirement with individual lots, and with the common areas and facilities maintained by form of common interest ownership (i.e., a planned community). Dimensional requirements shall be as follows:

Minimum base site area: 15 acres.

Minimum lot area per dwelling unit: 6,500 square feet.

Minimum lot width at building line: 60 feet.

Maximum impervious surface (tract): 20%.

Maximum impervious surface (lot): 40% per lot.

Minimum open space ratio: 50%.

Maximum density: 2.0 dwelling units per acre.

Minimum yards:

Front: 25 feet.

Sides (each): 10 feet end unit only.

Rear: 40 feet.

[9]

Maximum building coverage (tract): 15%.

[10]

Maximum building coverage (lot): 30%.

[11]

Maximum building or structure height: 35 feet.

Type 2. A development of single-family attached dwelling units with a mandatory open space requirement, with no individual lots, and with all residential units located on a single parcel owned and maintained by a condominium, planned community or other form of single property ownership. Dimensional requirements shall be as follows:

Minimum base site area: 15 acres.

Minimum land area per unit: 6,500 square feet. (NOTE: Minimum land area available for each unit shall include the area for private use of homes, driveways and patio spaces plus common areas within the development that are maintained and operated by a homeowners' association, defined on the plans. The area of private streets or public street rights-of-way shall not be included in this area. The resulting area shall be divided by the total number of units to derive the equivalent minimum land area. This area is not to be included in calculations of minimum open space for the development.)

Maximum impervious surface (tract): 20%. (NOTE: Conditional increase in impervious surface ratio to 30% is permitted when rear garages and rear access driveways, in lieu of front driveways and garages, are provided to permit access to the internal street system.)

Minimum open space ratio: 50%.

Maximum density: 2.0 dwelling units per acre.

Maximum building coverage (tract): 15%.

Maximum building or structure height: 35 feet.

Minimum distance between buildings: 25 feet.

[9]

Minimum building setback from curb: 10 feet.

All attached dwelling cluster uses shall meet the following additional requirements:

Streets. All internal streets in an attached dwelling cluster use shall meet the minimum standards for streets set forth in the New Hope Subdivision and Land Development Ordinance,[1] unless the Council approves private streets in an attached dwelling cluster use, in which case the Council may modify the aforementioned street standards in accordance with the provisions of this Subsection B(2)(c).

Editor's Note: See Ch. 237, Subdivision and Land Development.

Private access drives. Private access drives in a Type 2 attached dwelling cluster use may be used in lieu of dedicated streets. Private access driveways shall meet the following requirements as a minimum condition subject to review and approval of the Borough Fire Marshal and Council:

Site entrance drive shall be designed for two-way traffic and shall be at least 24 feet wide.

Internal branch drives connecting to a site entrance drive shall be a minimum of 20 feet wide if two-way circulation is proposed, and no parallel parking is to be permitted unless eight feet additional width for parking is provided.

Internal branch drives connecting to a site entrance drive or other branch drives may be designed as one-way drives with boulevard or island style separation of traffic flow. Such drives shall not be less than 16 feet in width for clear access and use by emergency vehicles. Some segments may utilize parallel parking where parking width provision is made.

Where branch drives transition directly into an individual or multiple unit driveway access, the width shall be at least 16 feet for a transition distance of at least 100 feet. Transition zones may accommodate two-way circulation if not more than eight units are served by the transition zone.

[e]

Individual unit driveways and rear driveway access lanes serving access to rear garage areas and individual garage aprons shall not be less than 12 feet in width, provided that they serve fewer than eight units. A transition zone driveway access width of 16 feet is required where a driveway access serves eight to 12 units and a twenty-foot width is required where it serves more than 12 units.

[f]

Where private access drive systems within attached cluster development are designed with drives that are less than 24 feet wide, the property owner's association shall regulate delivery and moving vehicles. Free and clear access shall be provided for emergency vehicles in accordance with the Fire Marshal review and recommendations.

Buffer yard. Landscaping shall be installed around the site perimeter of both Type 1 and Type 2 attached dwelling cluster uses. Privacy screening shall be provided at locations where backs of proposed units are within 50 feet of a residential dwelling. The perimeter landscaping may utilize existing vegetation if suitable and approved by New Hope Borough. The landscape buffer shall be placed along an area a minimum of 10 feet wide, however the width may vary for a natural effect. The minimum width at any point adjacent to residential areas shall be 15 feet wide. The buffer areas shall consist of the minimum following plantings:

Mixed deciduous and evergreen shrubs in naturalistic clusters spaced four feet to seven feet on center ranging from two feet in height to four feet in height at time of installation. At least eight shrubs per 100 linear feet of buffer length shall be provided where trees do not exist or five shrubs per 100 linear feet where trees do exist.

Flowering or ornamental trees of small to medium ultimate size clustered. At least one eight feet in height ornamental tree per 100 linear feet of buffer area shall be provided where existing trees deemed acceptable by New Hope Borough do not exist.

Evergreen trees of varying heights from six feet to 12 feet in height clustered, at least two per 100 linear feet of buffer where trees deemed acceptable by New Hope Borough do not exist.

Shade trees, a minimum of 2 1/2 inches in caliper: at least one per 100 linear feet of buffer area where trees deemed acceptable by New Hope Borough do not exist.

Planting substitutions. Substitution of plants required in an attached dwelling cluster use for buffer or tree replacements as provided above may be permitted in the following manner: Up to 30% of required plant categories may be substituted as follows:

Three-inch deciduous tree is equal to three evergreen trees six feet to eight feet height;

Two-and-one-half-inch deciduous tree is equal of two evergreen trees eight feet in height;

Six-foot to eight foot evergreen tree is equal to four evergreen shrubs three feet in height;

Two-and-one-half-inch deciduous tree is equal to eight shrubs mixed 2 1/2 feet in height.

Two-family dwelling (twin or duplex dwelling): a building containing two dwelling units, each of which is totally separated from the other by a solid wall extending from ground to roof or a solid ceiling and floor extending from exterior wall to exterior wall, except that a common stairwell may be provided. Dwellings having a party wall in common must be erected at the same time. Each dwelling shall require a separate lot, or sufficient site area regulated by a single form of legal ownership as an individual lot, that satisfies minimum lot requirements.

The use shall be connected to public water and sewer facilities.

Multifamily dwelling-apartment-style dwelling: a multifamily dwelling type containing three or more dwelling units, including apartments, flats or garden apartments, and similar types of dwelling units where individual dwelling units may share a common outside access or have individual outside access. "Garden apartment" or "flat-type development" refers to dwellings within a building that may be above, side-by-side, or back-to-back with other dwellings.

No more than 12 dwelling units shall be contained in one single building.

Dwelling units shall be arranged in groups or clusters rather than in parallel rows.

Maximum length of a single structure: 120 feet.

(Reserved)

Where specifically allowed by this chapter, existing buildings and/or structures deemed to have historic value by the New Hope Borough Council may be converted into multifamily dwellings - apartment style dwellings as a conditional use subject to the Pennsylvania Uniform Construction Code and the Borough's Property Maintenance Code.[2] If permitted, the requirements of Subsection D(1), (2) and (3) are not required to the extent compliance with these provisions cannot be met.

Editor's Note: See Ch. 207, Property Maintenance.

All units shall be located on one common lot, under one ownership, with a minimum lot size for the building site equal to the total number of units multiplied by the minimum lot size per unit.

The use shall be connected to public water and sewer facilities.

Townhouse/attached dwelling: a multifamily dwelling type containing a minimum of three units in a building, including townhouses or attached dwellings with one dwelling unit from the ground to the roof and no more than two walls of each dwelling in common with other such dwellings, where each unit has its own outside access. The maximum number of units in a single structure is eight. Each dwelling unit may be located on an individual lot, or all dwelling units may be located on a single lot under one ownership with the minimum lot size for the building site equal to the total number of units multiplied by the minimum lot size per dwelling unit.

The use shall be connected to public water and sewer facilities.

Residential conversion: an existing residential structure converted to no more than four dwelling units under one ownership where the dwelling units share a common wall and/or ceiling/floor, provided the following regulations are met:

There shall be no more than four dwelling units in the structure after conversion.

Single-family detached dwelling minimum yard requirements for the district in which the structure is located are required for the structure.

The size of the building shall not be increased to accommodate the conversion.

All off-street parking requirements shall be met for all units, and parking areas must be buffered by landscaping from the street and contiguous properties.

The front facade shall not be altered to add entrances.

All Pennsylvania Uniform Construction Code and Borough Property Maintenance Code[3] requirements shall be met.

Editor's Note: See Ch. 207, Property Maintenance.

No unit shall be smaller than 600 square feet.

The use shall be connected to public water and sewer facilities.

(Reserved)[4]

Editor's Note: Former Subsection G, Dwelling(s) in combination with a business, was redesignated as § 275-22K 8-8-2007 by Ord. No. 2007-09.

Bed-and-breakfast: a lodging facility used for the housing of overnight guests, with the following requirements:

Number of guest rooms.

Maximum number: eight.

Minimum number of guest rooms: two.

Parking. There shall be one parking space for each guest bedroom, plus two additional parking spaces.

There shall be one full bathroom for every two guest bedrooms.

There shall be only one central common kitchen and eating area if eating facilities are provided, and guest rooms shall not have separate cooking or eating facilities. The serving of meals shall be limited to breakfast and afternoon tea to overnight guests.

The premises shall be managed by a person or persons who shall be permanent full-time residents within the structure housing the bedrooms for guests. The manager's quarters shall have full bathroom facilities and may have kitchen facilities, in addition to and separate and apart from those servicing the guests.

The use of amenities provided by the bed-and-breakfast, such as swimming pools or tennis courts, shall be restricted in use to the guests of the establishment.

All Pennsylvania Uniform Construction Code and Borough Property Maintenance Code[5] requirements shall be met. In addition, the facility shall be connected to public water and public sewer.

Editor's Note: See Ch. 207, Property Maintenance.

The minimum lot size shall be 20,000 square feet, unless a greater minimum lot size is specified for a particular district in this chapter.

(Reserved)

Mobile home park: a parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes. Mobile home lots shall not be separately owned or subdivided.

Area and dimensional requirements.

Minimum lot area for a mobile home park: three acres.

Maximum density: six units per acre.

Required open space: 10% of site area.

Maximum impervious surface ratio: 60%.

Mobile home parks shall have a planted buffer 10 feet in width along all side and rear property lines. The buffer shall meet the planting requirements of § 275-40 of this chapter.

No mobile home shall be erected on a mobile home lot except on a mobile home pad. Each mobile home shall have its own pad.

Each mobile home shall be placed on a concrete slab of at least the same length and width as the mobile home, with a minimum thickness of six inches, and shall have installed in it a minimum of six tie-down rings to which the mobile home shall be secured. Pads shall be on footings at least one foot below the frost line, or other standards as required by the Pennsylvania Uniform Construction Code, as amended.

All mobile homes within a mobile home park shall have the space between the floor of the mobile home and the mobile home stand completely enclosed. Such enclosure may be provided by a permanent masonry foundation or by temporary materials or skirting. Skirting shall be compatible in design with the mobile home to which it is attached and shall provide ventilation to inhibit decay and deterioration of the structure. Skirting shall be constructed of materials designed and commonly used for exterior building surfaces and at least of such rigidity and strength as the exterior surface of the mobile home itself.

There shall be a minimum distance of 30 feet between an individual mobile home, including accessory structures associated therewith, and other mobile homes, adjoining pavement of a mobile home park street, or common parking area or other common areas or structures.

No mobile home, parking, loading or service area or service use shall be located less than 50 feet from a street ultimate right-of-way or other property line.

All utilities shall be placed underground within the mobile home park.

Park areas for nonresidential service uses. No part of any mobile home park shall be used for nonresidential purposes except such uses that are required for direct servicing, management or maintenance of the park and its residents. A maximum of 10% of the total lot area may be used for service activities. All service structures or buildings shall comply with the buffering and setback requirements for the park as a whole.

The use shall be connected to public water and sewer facilities.

Age-qualified housing. Age-restricted housing shall be permitted in accordance with the following requirements and conditions:

Residents. Residents of age-qualified housing shall be limited to those persons who are 62 years of age or older, or those persons defined as elderly by the United States of America or the Commonwealth of Pennsylvania in connection with and for purposes of housing programs.

Development standards:

Minimum site area: five acres.

Minimum lot width: 150 feet.

Maximum building height: 40 feet or three stories.

Maximum density: 17 dwelling units per acre.

Maximum building coverage: 30%.

Maximum impervious coverage: 40%.

Required open space: 40%.

Accessory uses. Each of the following accessory uses shall be permitted as part of the age-qualified use:

Community center.

Administration, maintenance and security buildings.

Accessibility. The interior and exterior of individual dwelling units and common area facilities shall, at a minimum, meet the accessibility standards of the U.S. Fair Housing Act and the Pennsylvania Uniform Construction Code.

Walkways. Housing and on-site common area facilities shall be connected by an integrated pedestrian circulation system consisting of paved walkways at least six feet wide and at a grade not to exceed 7%. The pedestrian circulation system shall connect to off-site community facilities and walkways.

Recreation and green space. Elderly housing shall include outdoor green space, facilities and amenities which are centrally located and designed to make the area usable and safe for passive and active recreation, sitting and socialization. These may include but are not limited to benches, chairs and tables, lighting fixtures, courtyards, walking trails, game courts and landscaping. Any area occupied by stormwater management basins shall not be considered to fulfill the recreation and open space requirements.

The use shall be connected to public water and public wastewater facilities.

Traditional neighborhood development: a combination of single-family detached dwellings, two-family dwellings, multifamily dwellings - apartment-style dwellings, townhouses - single-family-attached-style dwellings, and/or residential conversions designed to promote a mixture of housing types in a traditional neighborhood development style.

The purpose of a traditional neighborhood development is to allow the optional development and redevelopment of land in New Hope Borough consistent with the design principles of traditional neighborhoods. A traditional neighborhood is compact; designed for the human scale; provides a mix of housing styles, types, and sizes; incorporates a system of streets and sidewalks that offers multiple routes for motorists, pedestrians, and bicyclists; retains existing buildings with historical features or architectural features that enhance the visual character of New Hope Borough; incorporates significant environmental features into the design; and is consistent with New Hope Borough's Comprehensive Plan.

The traditional neighborhood development use is an alternative set of standards for development within New Hope Borough for new or infill development of a minimum amount of contiguous land.

At least 50% of the gross acreage of the traditional neighborhood development must be open space. The amount of required open space may be reduced by the area of existing buildings or structures deemed to have historic value by the New Hope Borough Council that are converted into multifamily dwellings, not to exceed 20% of the required open space. At least 50% of the required open space shall be centrally located as a community green and be within a five-minute walk from all residential units.

Setbacks for all dwelling types shall respect the adjacent buildings and structures, and shall reflect the goals and principles of a traditional neighborhood design.

Dwelling units in a traditional neighborhood development shall be serviced by a rear or side alley, and have attached or detached garages (residential accessory structures) located to the rear of the dwelling unit. The setback provisions for garages shall not apply to a garage serviced by an alley, and the residential accessory structure may be located as close to or on the lot line as necessary to permit the alley to service the garage. Appropriate easements, in a form approved by the New Hope Borough Council, shall be recorded for all lots to permit access to and/or maintenance of the garages.

No portion of the front facade of any dwelling unit in a traditional neighborhood development shall be occupied by a garage door, unless the dwelling unit is created in an existing building or structure. Parking spaces are prohibited in the front of any dwelling unit, and parking spaces are prohibited to the side of any dwelling unit unless approved by the New Hope Borough Council upon a showing of undue hardship.

Cul-de-sac streets and reverse frontage lots (i.e., a lot with its rear yard toward a public street) are prohibited in a traditional neighborhood development.

Architectural standards. All structures within a traditional neighborhood development shall be designed to protect and preserve the character of the area. A variety of architectural features and building materials are required to give each building or group of buildings a distinct character, unless otherwise approved by the New Hope Borough Council. New and existing structures should follow complementary designs. The proposed architectural styles, building scale, design, materials of the buildings and structures with proposed building elevations and pictures (including dimensions of building height and width, and facade treatment) shall be submitted. The New Hope Borough Council may direct an applicant to meet informally with an ad hoc committee comprised of members of various New Hope Borough boards and/or commissions and/or other community members to review and make recommendations on the proposed architectural standards.

A traditional neighborhood development proposal shall be subject to covenants, conservation easements, restrictions or agreements that will influence use and maintenance of the proposed traditional neighborhood development. All such provisions shall be approved by the New Hope Borough Council and shall be recorded in the Bucks County Recorder of Deeds Office.

Use of existing historic buildings for dwellings in a traditional neighborhood development. New Hope Borough encourages the adaptive reuse of existing buildings and/or structures deemed by the New Hope Borough Council to have historic value for conversion to dwelling purposes.

The use shall be connected to public water and wastewater facilities.

Table of regulations.

Maximum density of net buildable site area: five units per acre.

Minimum lot area:

Single-family detached dwelling: 3,000 square feet.

Two-family dwelling: 2,000 square feet per unit.

Townhouse - single-family-attached-style dwelling: 2,000 square feet per unit.

Multifamily dwelling - apartment-style dwelling: 2,000 square feet per dwelling unit.

Minimum open space required: 50% of site. [NOTE: The amount of required open space may be reduced as provided in Subsection C above.]

Maximum impervious ratio:

Per site: 60%.

Per lot: 70%.

Minimum lot width per dwelling at building setback line: 25 feet.

Maximum building height:

Any principal residential dwelling: 35 feet.

Any residential accessory structure: 20 feet.

Minimum yards (setback):

Front yard: five feet. [NOTE: Front facades of residential structures in a traditional neighborhood development shall be close to the sidewalks. The front facade of any principal residence shall be no further than 10 feet from the area designated for the sidewalk.]

Side.

Single-family detached dwelling: 10 feet. [NOTE: One side yard setback for a single-family detached dwelling may be reduced to five feet, provided that a reciprocal access easement is recorded for both lots.]

Two-family; multifamily (all types): 10 feet (at end of row units only).

§ 275-15 Institutional, recreational and educational uses.

Rear: 25 feet.

Planned residential development. See § 275-35 herein for regulations.

Religious use: churches, synagogues, religious foundations or societies plus associated convents, parish houses and other housing for religious personnel, subject to the following provisions:

Minimum lot size shall be two acres unless there is a greater lot requirement for the particular district as specified in this chapter.

Schools serving any grades from pre-kindergarten to 12th grade:

Minimum lot area: 10 acres.

Access shall be taken from an arterial or collector highway.

Dimensional requirements.

Minimum lot width: 200 feet.

Minimum front yard: 50 feet.

Minimum side yards: 50 feet.

Minimum rear yard: 50 feet.

The use shall be connected to public water and wastewater facilities.

Libraries or museums: facilities such as a library, historical society, or museum that are open to the public or used to house books, artifacts, etc.

The use shall be connected to public water and wastewater facilities.

Day-care center: day nursery, nursery school, kindergarten, or other agency giving day care to below-school-age children or to adults in need of day care. This use is not a home occupation or an accessory use to a residence.

Maximum number of persons receiving care: 25 per acre.

All area and dimensional requirements of the licensing agency shall be met.

An outdoor play area shall be provided for child day care. This area shall be located to the side or rear of the lot. The minimum required areas for outdoor recreational facilities shall meet the state licensing requirements and shall be shown on any application for a day-care center use.

Prior to the granting of a certificate of occupancy for a child day-care facility, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter II, Section 8A of the Department of Public Welfare's Social Services Manual by the Department to the applicant, subject to licensure under Article X of the Public Welfare Code.

A safe drop-off area and automobile circulation plan shall be provided.

The use shall be connected to public water and wastewater facilities.

Public recreational facility: River access area or park owned and operated by the Borough of New Hope, the County of Bucks, or the Commonwealth of Pennsylvania.

Private club or lodge for members and guests only, such as a country club or fraternal organization. Any private club or lodge that serves food to its members shall meet all the zoning ordinance requirements for the use in § 275-17D, Restaurant.

Nursing home: nursing or convalescent home, or a facility providing skilled or intermediate care or providing therapy or medical services for patients in residence at the facility and licensed by the Pennsylvania Department of Health.

Personal care facility: facility licensed by the Pennsylvania Department of Welfare to provide personal care services in accordance with the personal care boarding home requirements of the Commonwealth of Pennsylvania.

Nonfamily community residential facility: a residential facility intended for and occupied by persons who are not handicapped or disabled as this term is defined by the Fair Housing Act or the Americans with Disabilities Act.

A nonfamily community residential facility is a dwelling unit with a group of no more than 20 persons living together and not constituting a family as defined in this chapter.

A nonfamily community residential facility may provide personal care and have supervisory staff. Food and medical services may be provided to the residents on the premises.

A nonfamily community residential facility must meet all applicable licensing and inspection regulations of the county, the state, or the federal government, if applicable. Proof of licensing shall be submitted with applications for nonfamily community residential facility use. Proof of compliance with all applicable county, state or federal regulations shall be filed with the Borough prior to the issuance of a zoning permit and a use and occupancy permit. All renewals, amendments or new licenses shall be filed with the Borough as they are issued.

Except for driveway and walkway accesses, buffering shall be placed around off-street parking areas. Plant material or fences shall be used. Fences of wood or masonry material shall be four to five feet high and shall provide additional screen.

Parking: one off-street parking space per bedroom plus one space for each employee on the largest shift.

A nonfamily community residential facility use shall require a minimum site area of one acre and where permitted shall be as a special exception subject to such reasonable restrictions as the Zoning Hearing Board feels necessary to protect the health, safety and the welfare of the residents of the Borough.

The nonfamily community residential facility use is intended to provide a residential use in single-family dwellings that are nonfamilial in nature and may accordingly have certain institutional aspects to the use. Any group of unrelated persons which does not meet the definition of "family" as found in this chapter shall be deemed to have established a nonfamily community residential facility use and must comply with all the provisions of this use as herein set forth.

The nonfamily community residential facility shall comply with the Pennsylvania Uniform Construction Code, as amended, and the International Property Maintenance Code, as amended.

Events center: A building or group of buildings which represents a combination of space available for use as a conference center, banquet hall, cabaret space, meeting rooms, exhibitions, and including food service as an accessory use, and which must be part of either the use in § 275-23A, Coordinated development, or the use in § 275-23B, Historic River Hospitality.

[Amended 6-11-2008 by Ord. No. 2008-03]

Emergency services: Fire station, ambulance, or rescue squad station for emergency services serving New Hope Borough.

[Added 4-26-2011 by Ord. No. 2011-04]

Interpretive center: an institution operated by the County of Bucks, Commonwealth of Pennsylvania, the United States of America, or any department of any of the foregoing, designed to disseminate knowledge, through visitor experience planning, of the natural or cultural heritage of New Hope Borough and/or any of its features.

[Added 12-19-2017 by Ord. No. 2017-06]

If an interpretive center use is to be conducted in a building and/or structure that is or was a contributing resource to the Historic District and that has been relocated to the subject property from a prior location, the following shall apply:

The provisions of § 275-42B of this chapter (regarding steep slopes) shall not apply.

The provisions of § 275-46C(8)(e) (regarding individual use size for uses in the Historic District) shall not apply.

The provisions of § 275-56C(12) (regarding required off-street parking spaces for institutional, recreational and educational uses) shall not apply.

§ 275-16 Business and office uses.

General office: offices for lawyers, architects, engineers, insurance agents, brokers, or other professional or business offices which do not involve the actual storage, exchange or delivery of merchandise on the premises.

The use shall be carried on wholly indoors and within the principal building.

§ 275-17 Retail and consumer service uses.

There shall be no use of show windows or displays visible outside the premises to attract customers or clients.

Governmental office limited to offices of the County of Bucks or the Commonwealth of Pennsylvania.

Veterinary office: any building used for the treatment of small domestic animals by a veterinarian. This use is intended primarily for outpatient treatment and shall not include boarding.

Medical office: office or clinic for medical or dental examination or treatment of persons as outpatients.

Retail store. Stores engaged in selling goods or merchandise to the general public for personal or household consumption, including, without limitation, the sale of antiques, books, gifts, garden supplies, hardware, household appliances and electronics, jewelry, notions, periodicals, stationery, tobacco, paint, wearing apparel, food, beverages, and other similar goods; and rendering services incidental to the sale of such goods.

[Amended 6-15-2010 by Ord. No. 2010-03]

Such use may include a limited winery with the sale of wine in bottles and limited wine samples at a location approved by the Pennsylvania Liquor Control Board, but shall not include the sale of any alcoholic beverages by the glass or food. Such use does not include a restaurant, retail food shop, village restaurant, motor vehicle gasoline station, or any other use specifically designated in this chapter as a separate use.

[Amended 3-15-2016 by Ord. No. 2016-01]

No individual retail store shall exceed the following limitations:

SC [where permitted as part of a shopping center use (use § 275-17.K)] and HC Zoning Districts: 20,000 square feet maximum floor area (gross).

CC and LC Zoning Districts: 6,000 square feet maximum total floor area (gross), except any retail store selling food and beverage products shall be limited to a maximum floor area (gross) of 1,500 square feet.

Regulations of outdoor displays and outdoor sales. All displays of merchandise, inside or outside, shall be considered to be part of the principal use and must be located within the building setback lines for the lot. Any display or storage located outside the building setback lines is subject to the requirements of the use set forth in § 275-22F of this chapter.

A retail store use shall not sell or offer for sale any good or render any related service that requires approval from the Bucks County Health Department.

No food or beverages shall be consumed in the space or area conducting the use. There shall be no seats, tables or counter area in the space or area conducting the use, whether inside or outside of a structure, for the consumption of food or beverages.

A retail store use is separate and distinct from a formula retail use (§ 275-17V). A retail store use shall not exhibit any of the characteristics described in § 275-17V(1) used to determine a formula retail.

[Added 1-18-2022 by Ord. No. 2022-02; amended 3-21-2023 by Ord. No. 2023-03]

Service business: establishments engaged in providing services involving the care of a person or apparel, such as barber, beautician, laundry and dry cleaning, shoe repair, or tailor. A service business shall not include body piercing, branding, or tattooing, which are defined and regulated herein as limited personal service (§ 275-17O).

A service business use is separate and distinct from a formula retail business (§ 275-17V). A service business use shall not exhibit any of the characteristics described in § 275-17V(1) used to determine formula retail.

[Added 1-18-2022 by Ord. No. 2022-02; amended 3-21-2023 by Ord. No. 2023-03]

Repair service: shops for small appliances, watches, bicycles, personal items, but excluding repairs of cars, machinery, or engines.

Restaurant: eating place for the sale and consumption of food and beverages with service at tables or sit-down counter facilities and without drive-in service.

No more than 20% of the floor area devoted to patron service shall be devoted to bar area.

Outdoor eating. Outdoor eating and food service is permitted as a use accessory to a principal restaurant use or a principal village restaurant use, subject to the following requirements:

[Amended 6-15-2010 by Ord. No. 2010-03]

The outdoor eating area shall be open to the sky with the exception that it may have a retractable awning or umbrella and may contain furniture, including tables, chairs, and planters that are easily portable and that can be moved inside the principal structure. If a tent is used, it must meet the requirements of § 275-22E, Tents for commercial purposes.

The outdoor use area may not occupy areas that are required by the establishment to meet the parking requirements of this chapter.

Parking shall be provided for outdoor eating areas in accordance with the parking requirements for the restaurant use, as required by this chapter.

Location of outdoor use areas:

No outdoor eating or food service shall be permitted within the right-of-way of any street or within the sidewalk area or outside of the building setback lines for the structure. All required yard areas must be left open and may not contain outdoor use areas.

All outdoor use areas shall be located a minimum of 25 feet from a side or rear property line and a minimum of 10 feet from any other property line, including the street line or front lot line.

No outdoor service shall be provided before 10:00 a.m. or after 11:00 p.m.

No amplified music or sound is permitted. All activities, including the playing of music, shall comply with the noise limitations of Borough ordinances and the Pennsylvania Liquor Control Board, if applicable.

Outdoor lighting shall not shine onto adjoining properties. Light standards shall not exceed a height of 15 feet, and light fixtures shall be focused downward with a shield, preventing light from shining on adjacent properties.

The carrying of any open container of alcoholic beverages is prohibited outside the delineated area of the outdoor eating area.

No outdoor use area shall interfere with safe pedestrian and vehicular traffic on or in the vicinity of the restaurant or lot.

There shall be no outdoor food preparation and no outdoor bars or bar service. There shall be table service only.

All trash shall be removed from the outdoor use area and from the area surrounding the outdoor use area on at least a daily basis.

The use shall be connected to public water and wastewater facilities.

[Amended 8-8-2007 by Ord. No. 2007-09]

A restaurant use is separate and distinct from a restaurant with drive-through service use (§ 275-17E), retail food shop use (§ 275-17L), and formula restaurant use (§ 275-17R). A restaurant use shall not exhibit any of the characteristics described in § 275-17R(1) used to determine a formula restaurant.

[Added 8-8-2007 by Ord. No. 2007-09; amended 11-14-2007 by Ord. No. 2007-12]

A restaurant use shall have a minimum of 2,000 square feet of floor area (gross), indoor and outdoor areas, devoted to the use. A use conducted in less than 2,000 square feet of floor area (gross) shall be considered a village restaurant use. (See § 275-17S.)

[Added 6-15-2010 by Ord. No. 2010-03]

A restaurant use shall have a minimum of 11 seats for eating in the space conducting the restaurant use, whether inside or outside of the structure, for consumption of food or beverages. A use providing 10 or fewer seats shall be considered a village restaurant use. (See § 275-17S.)

[Added 6-15-2010 by Ord. No. 2010-03]

A Bucks County Health Department license shall be required before issuance of a use/occupancy permit required under this chapter.

[Added 6-15-2010 by Ord. No. 2010-03]

Restaurant with drive-through service. 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, with drive-through service, shall meet the following requirements:

Minimum lot size: 40,000 square feet.

Where a drive-through window is proposed, all requirements for drive-through facilities (§ 275-22G) of this chapter shall be met.

Trash receptacles shall be provided outside the restaurant for patron use. Outdoor collection stations shall be provided for garbage and trash removal. These stations shall be located to the rear of the structure and shall be screened from view and landscaped.

A planted buffer 10 feet in width shall be provided along all property lines.

The use must have direct access to an arterial street.

No children's play area or playgrounds are permitted. No outdoor entertainment or music is permitted.

No lights shall be placed on the roof of the structure.

All other standards of Subsection D shall be met.

A restaurant with drive-through service use is separate and distinct from a restaurant use (§ 275-17D), retail food shop use (§ 275-17L) and formula restaurant use (§ 275-17R).

[Added 11-14-2007 by Ord. No. 2007-12]

Funeral home: a mortuary and facility for funerals. The facility must be operated by a licensed funeral director and meet all state licensing requirements.

Commercial recreation and entertainment: an indoor or outdoor recreational facility operated as a commercial venture, including video, game or pinball arcades, billiard or pool halls, batting cages, miniature golf, or any other games. A video/game arcade is any place of business or business establishment containing four or more video or other game machines which provide amusement or entertainment and which may be operated or set in motion upon the insertion of a card, coin or token. The definition shall not include jukeboxes, telephone devices or machines that sell merchandise. A buffer area between any outdoor recreational areas and adjoining residential properties or residential districts is required and must have a width of 30 feet, planted in accordance with the requirements of § 275-40 of this chapter.

This use also includes a Cyber cafe, which is defined as follows. "Cyber cafe" means any establishment that provides five or more cyber cafe devices to the public for compensation in any manner, including but not limited to memberships. Cyber cafe establishments shall not include adult business and sexual encounter establishments. Cyber cafe shall be synonymous with PC cafes, internet cafes, and cyber centers. “Cyber cafe devices” mean computers or other electronic devices for access to the internet or a local area network (LAN), to e-mail or to access other computer software programs.

Within a video/game arcade and a cyber cafe, the number of seats or games and computers shall be limited to 20 in total.

Theater. A facility or venue providing performances. A "performance" shall be defined as an entertainment event in the form of stage, musical, movies, concert, dance, ballet and/or legitimate playbook-length and similar artistic productions. The following requirements shall be met:

[Amended 2-18-2014 by Ord. No. 2014-01]

If food or beverages are served, all requirements for restaurants and outdoor eating (Subsection D), if applicable, shall be met.

No amplified music or sound is permitted. All activities, including the playing of music, shall comply with the noise limitations of this chapter and the New Hope Borough Code of Ordinances, whichever is stricter.

Inn: a building or group of buildings containing rooms for rent for the accommodation of transient guests and which may include a restaurant, provided that the inn is located in a zoning district that permits restaurants. A tea room or coffee shop is permitted, provided there are no more than 12 seats. This use does not include other residential uses specifically provided for in this chapter nor does it include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program. This use shall be connected to public water and wastewater facilities.

A conference facility is permitted as an accessory use to an inn in accordance with the following standards:

The conference facility shall be incidental to the principal use.

Food service other than what is permitted for the inn shall be limited to conference participants and not open to the public.

Vehicle sales, rentals and service: sales, rentals and/or service of automobiles, motorcycles, scooters and other vehicles by a new or used car dealership, automobile rental business, scooter or other motorized cycle sale or rental business, or similar type business.

[Amended 8-8-2007 by Ord. No. 2007-09]

All preparation, lubrication, repair or similar activities shall be accessory to the principal use and shall be conducted within a building.

All automobile parts and similar items shall be stored within a building.

Storage or display of automobiles, trucks, and other vehicles for sale shall be placed no closer to the ultimate street right-of-way line than 25 feet.

There shall be no more than one access point into the facility from each street on which the facility has frontage.

An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations for motor vehicle service center/repair shop (§ 275-18C) herein, and provided that it is located at the rear or side of the building containing the principal use.

Shopping center. A neighborhood shopping center, which is planned and designed as a complex of related structures and circulation patterns.

Minimum lot area: 10 acres.

This use shall satisfy all other requirements of the Shopping Center (SC) Zoning District for permitted uses.

The use shall be connected to public water and wastewater facilities.

Uses permitted in shopping center:

Medical office (§ 275-16D).

General office (§ 275-16A).

Governmental office (§ 275-16B).

Retail store (§ 275-17A).

Service business (§ 275-17B).

Financial establishment (§ 275-17P).

Restaurant (without drive-through facilities) (§ 275-17D).

Convenience store (§ 275-17N).

Theater (§ 275-17H).

[Amended 2-18-2014 by Ord. No. 2014-01]

Indoor athletic facility (§ 275-17Q).

Retail food shop (§ 275-17L).

[Added 6-15-2010 by Ord. No. 2010-03]

Building placement. No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line, or within 50 feet of any property line.

No parking, loading, or service area shall be located less than 50 feet from any property line, including the street line. Parking shall be arranged so that at least 50% of the required parking is located to the side or rear of the shopping center buildings.

Parking, loading or service areas shall not be permitted within the required buffer yards.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style that reflects the building mass, materials, style and character of New Hope Borough. No unconnected building pads are permitted.

Outdoor storage and display is limited to the area directly in front of each establishment, provided that it is not located within the parking area and does not occupy pedestrian paths or walkways. All display of merchandise, inside or outside, shall be considered to be part of the use, must be located within the building setback lines for the lot and the principal building protection zone for the lot, and is subject to all other limitations and requirements of this chapter, including but not limited to lot coverage, parking, and impervious surface. Outside display shall be limited to an area within five feet immediately in front of the building, or anywhere within the building setback lines, with the requirement that the outdoor display is on private property only and shall not encroach into or in any way interfere with a public sidewalk, walkway or parking area. All outdoor displays shall be subject to and shall conform to all lot area, lot coverage, setback, front yard, and side yard requirements set forth in this chapter pertaining to the district in which the use is located. The display of goods out of doors shall be limited to articles and/or equipment sold within the business establishment in front of which the display is located.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind and shall meet the lighting requirements of this chapter.

Buffer requirements. Buffer width along all lot lines, including the street line: 50 feet.

Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted initially or after the use is established.

(13)

All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrianways or walkways on which pedestrians can move from one building to another without unsafe interference from vehicular traffic.

(14)

No goods, articles, or equipment shall be stored, displayed or offered for sale beyond the front lines of a building.

Retail food shop. A store for the sale of food and beverage products that are not consumed in the space/area conducting the use, subject to the following provisions:

[Amended 11-14-2007 by Ord. No. 2007-12; 6-15-2010 by Ord. No. 2010-03]

There shall be no seats, tables or counter area in the space conducting the retail food shop use, whether inside or outside of a structure, for consumption of the food or beverages. There shall be no drive-through or drive-up service.

No individual retail food shop shall exceed 1,500 square feet maximum floor area (gross), indoor or outdoor, devoted to the use in the CC Zoning District. A retail food shop located in any other zoning district shall be limited to a maximum of 6,000 square feet of floor area (gross).

A retail food shop shall be required to have a Bucks County Health Department license prior to issuance of a use/occupancy permit under this chapter.

Commercial school: trade or professional school providing instruction in a trade, in the arts, or other activities, and not including a public or private school for elementary or secondary education or day-care center.

Convenience store. A retail store offering primarily groceries, food items, alcoholic beverages and/or other small consumer items intended for quick carryout trade and not for consumption in the space conducting the use. A convenience store shall be designed to be compatible with the scale, design and appearance of the surrounding existing retail and/or service businesses and buildings. The following conditions shall be met:

[Amended 6-15-2010 by Ord. No. 2010-03]

A convenience store shall be greater than 1,000 square feet, but shall not exceed 5,000 square feet, of first floor area (gross). The minimum lot area shall be 40,000 square feet.

No drive-up windows or drive-through facilities or windows are permitted.

Trash receptacles for customers shall be provided outside the building or structure. Trash storage for the use shall be located inside the building.

The sale of gasoline or other motor fuels is prohibited as either a principal or accessory use or other incidental activity.

All buildings and structures used in connection with the use shall be a minimum of 100 feet from any residential use or residential district.

There shall be no seats, tables or counter areas for customer eating on site.

Parking areas shall be arranged so that no more than 50% of the required or the provided parking shall be in front of the principal building, and the remaining 50% shall be located to the side or rear of the principal building.

A convenience store may sell food and/or drink assembled or produced in the space conducting the convenience store use; and/or may sell food or beverages prepackaged at a separate location. In either case, all requirements of the Bucks County Health Department, the Pennsylvania Department of Agriculture, or any other governmental agency with jurisdiction, as applicable, for food and beverage sale service shall be met. All approvals shall be obtained from each of those agencies, as applicable, prior to the issuance of any use/occupancy permit under this chapter.

Limited personal service: a retail facility offering massages, psychic readings, body piercing, branding or tattooing of persons, and similar uses. The following requirements shall be met.

The service must be performed in sanitary conditions and in compliance with all federal, state, and local regulations, rules, and laws regulating such practices.

The place of service shall be a minimum of 1,000 feet from the nearest public or private school.

The limited personal service provider shall display notices as required by Pennsylvania law regarding the necessity of parental consent before any procedure is performed on a minor.

Financial establishment: a bank or credit union for consumer use. Uses with drive-up service windows shall have a vehicle waiting line area for at least six vehicles at each service window and shall comply with the requirements for the use in § 275-22G for drive-through windows. The waiting line area shall be separated from other circulation lanes and parking areas.

Indoor athletic club: an indoor facility providing facilities such as gyms, exercise equipment, and rooms for exercise, fitness, or dance classes or buildings for indoor court games played with a ball, such as racquetball, handball, squash, tennis, basketball, and volleyball.

Formula restaurant.

[Added 11-14-2007 by Ord. No. 2007-12]

A formula restaurant shall mean an eating establishment devoted to the preparation and offering of food and beverages for sale to the public for consumption either on or off the premises which, by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following:

Business name common to a similar business located elsewhere;

Standardized menus, ingredients, food preparation, uniforms, or other standardized features common to standardized restaurants located elsewhere;

Interior decor common to similar businesses located elsewhere;

Architecture or exterior signs common to similar businesses located elsewhere;

Use of a trademark or logo common to a similar business located elsewhere (but not including logos or trademarks used by chambers of commerce, better business bureaus, or indicating a rating organization including (e.g. AAA, Zagat); or

A name, appearance or food presentation format which causes it to be substantially identical to an independent restaurant owned by a third party or third parties.

A formula restaurant, where permitted, shall meet the criteria for a restaurant use (§ 275-17D) and restaurant with drive-through service use (§ 275-17E) where a drive-through is proposed.

The foregoing criteria set forth in Subsections R(1)(a) through (e) above, and Subsection R(1)(f) shall not proscribe or restrict a restaurant use which is operated as other than a standardized (formula) restaurant exhibiting a regional or national identity, i.e., which is operated as an independent, unaffiliated and/or family-owned business, despite such nonstandardized business being owned and operated in more than one location within the Borough or elsewhere, and (b) which secures and assures diverse restaurants each unique on its own and thus not substantially identical to a standardized (formula) identity.

[Added 3-21-2023 by Ord. No. 2023-02]

Village restaurant. An eating place for the sale and consumption of food and beverages with service at tables or sit-down counter facilities without drive-in service. The provisions of § 275-17D, Restaurant, shall be applicable to a village restaurant use, except as follows:

[Added 6-15-2010 by Ord. No. 2010-03]

A village restaurant use shall not exceed 2,000 square feet of floor area (gross), indoor and outdoor areas, devoted to the use.

A village restaurant use may have a maximum of 10 seats in the space conducting the village restaurant use, whether inside or outside of the structure, for consumption of food or beverages.

A Bucks County Health Department license shall be required before issuance of a use/occupancy permit required under this chapter.

Market. An activity that is generally described as a building equipped with rooms, booths, stalls, and tables where a variety of goods or services are offered for sale by multiple sellers, businesses and/or vendors.

[Added 3-15-2016 by Ord. No. 2016-01]

Subject to Subsection T(4) below, the following individual uses are permitted in a market use:

Retail store (§ 275-17A).

Service business (§ 275-17B).

Repair service (§ 275-17C).

Restaurant (without drive-through facilities) (§ 275-17D).

Retail food shop (§ 275-17L).

Convenience store (§ 275-17N).

Village restaurant (§ 275-17S).

Maximum floor area for individual uses/businesses/vendors in a market use:

Except for restaurant (without drive-through facilities) (§ 275-17D), any individual use permitted in a market use shall not exceed 3,000 square feet of floor area (gross), including indoor and outdoor areas, unless a lesser maximum is required elsewhere in this chapter for a use listed in Subsection T(1) above.

Restaurant (without drive-through facilities) (§ 275-17D) shall not exceed 40% of the gross floor area of the market use.

For purposes of a market use, § 275-46C(8)(e) of this chapter shall not apply to restaurant (without drive-through facilities) (§ 275-17D) and the overall market use with regard to maximum gross floor area.

Individual uses in a market use shall meet specific requirements for each use as set forth for each such use in § 275-17 of this chapter. All building codes, fire codes and accessibility codes must be met by individual uses and collectively for the overall market use.

A market use shall only be on a lot adjacent to the Delaware River.

All outdoor eating and service areas shall meet the requirements of § 275-17D(2) of this chapter, except that outdoor service areas shall be located a minimum of six feet from a side property line, 10 feet from a rear property line, and six feet from the street line or front lot line; and outdoor eating areas may be located on a side lot line, but must be set back at least 10 feet from a rear property line, and set back at least six feet from the street line or front lot line.

Parking may be permitted within the side yard setback, but at least two feet from the side property line. Parking must meet all required front and rear setbacks.

The proposed market use shall be constructed in accordance with an overall plan and shall be designed as a single architectural style that reflects the building mass, materials, style and character of New Hope Borough.

Architectural embellishments such as canopies and awnings may project into any front, side, or rear set back up to three feet.

Health Department supervision. Each vendor/individual use selling processed foods, baked goods, meats, eggs, dairy products, or other goods that may be a health concern is subject to approval of the Bucks County Health Department and/or the Pennsylvania Department of Agriculture, as applicable, and shall operate according to the Bucks County Health Department's and/or the Pennsylvania Department of Agriculture's rules and regulations, as applicable.

Use and occupancy permit(s).

Except for restaurant (without drive-through facilities) (§ 275-17D), where the owner/operator of the market use has obtained a use and occupancy permit for the overall market use, such a use and occupancy permit shall apply to all business entities/individual uses operating at the market use, provided that the owner/operator shall have provided New Hope Borough with the name, contact information and tax identification number of the business conducted by each such business entity. The owner/operator of the market use may replace one or more merchants/vendors from time to time without the obligation to obtain a separate use and occupancy permit(s) for the replacement merchants, provided that the owner/operator of the market use shall have provided New Hope Borough with the name, contact information and tax identification number for each replacement merchant on a monthly basis as applicable. No replacement merchant may occupy space in a market use until all applicable building, plumbing, or electrical permits have issued.

Restaurant (without drive-through facilities) (§ 275-17D) conducted in a market use shall obtain a separate use and occupancy permit.

Communal seating may be provided in a market use. Such seating shall be designated and shall not count towards any seating requirements of an individual use.

Medical marijuana dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health of the commonwealth to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act, 35 P.S. § 10231.101 et seq.

[Added 9-21-2021 by Ord. 2021-02]

A medical marijuana dispensary shall provide proof of permit issued by 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 revoked or not renewed at any time, any special exception shall immediately become void.

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

A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, of a parcel containing a public, private or parochial school, day-care center, museum, or library; nor shall a medical marijuana dispensary be located closer than 1,000 feet to another medical marijuana dispensary or from a medical marijuana grower/processor.

A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive-through, drop-off, or pickup services shall be permitted except as permitted by official protocol promulgated by the Pennsylvania Department of Health.

A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.

A medical marijuana dispensary shall be limited to hours of operation from 8:00 a.m. until 8:00 p.m., seven days a week, by appointment only.

A medical marijuana dispensary shall submit a disposal plan to and obtain approval from the Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

A medical marijuana dispensary shall submit a security plan to and obtain approval from the Police Chief. The medical marijuana dispensary shall demonstrate how it will maintain effective security and control. 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 Section 1102 of the Medical Marijuana Act[1] and as supplemented by regulations promulgated by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.

See 35 P.S. § 10231.1102.

A medical marijuana dispensary shall provide proof of a contract with a private security company and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

A medical marijuana dispensary shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.

No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.[2]

See 35 P.S. § 10231.506.

(13)

No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

(14)

A medical marijuana 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.

(15)

Parking: one off-street parking space for each employee on the largest shift or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.

Formula retail.

[Added 1-18-2022 by Ord. No. 2022-02; amended 3-21-2023 by Ord. No. 2023-03]

A formula retail business shall mean a retail establishment devoted to offering goods, merchandise and services for sale to the public, which by contractual or other arrangement, established or recognized business practice or membership affiliation, maintains any of the following:

Business name common to similar businesses located elsewhere;

Interior decor common to similar businesses located elsewhere;

Architecture or exterior signs common to similar businesses located elsewhere;

Use of a trademark or logo common to similar businesses located elsewhere (but not including logos or trademarks used by chambers of commerce, better business bureaus or indicating a rating organization);

A name, appearance or presentation format which causes it to be substantially identical to an independent retail store owned by a third party or third parties within or outside the Borough;

A formula retail business, where permitted, shall meet the criteria for a retail use for a retail store (§ 275-17A) and a service business (§ 275-17B);

The foregoing criteria set forth in Subsection V(1)(a) through (d) above, and Subsection V(1)(e), shall not proscribe or restrict a retail use for a retail store or a service business in the CC, Central Commercial (CC) District: (a) which is operated as other than a standardized (formula) retail or service business exhibiting a regional or national identity, i.e. which is operated as an independent, unaffiliated and/or family-owned business, commonly referred to as a "mom and pop" shop, despite such nonstandardized business being owned and operated in more than one location within the Borough or elsewhere, and (b) which secures and assures diverse retail or service businesses each unique on its own and thus not substantially identical to a standardized (formula) identity.

§ 275-18 Automotive services uses.

Parking area: a public, municipal or private parking lot or parking garage upon which the parking or storing of automotive vehicles is a principal use of the lot. Parking spaces necessary to provide required off-street parking for another principal use shall not be considered to be a parking area.

No sale, rental service or repair operation shall be performed.

The parking or storage of trailers shall not be permitted.

Parking spaces shall have a minimum dimension of 10 feet by 20 feet.

All parking areas shall meet the design standards for off-street parking of the New Hope Subdivision and Land Development Ordinance[1] and the requirements of the Federal Americans with Disabilities Act.

Editor's Note: See Ch. 237, Subdivision and Land Development.

Motor vehicle gasoline station. A motor vehicle gasoline station is a facility whose function is the sale of gasoline and fuels for motor vehicles. Minor automobile accessories and food and beverage items may also be sold, subject to the limitations of this chapter. Routine automobile service and inspections may be performed and may include lubricating, repairing or otherwise servicing motor vehicles, but shall not include painting, body and fender repairs, or vehicular sales. This use is distinguished from and does not include a motor vehicle service center/repair shop where automobile parts and accessories are sold and installed within the facility but where there is no sale of fuels. Any facility which provides for gasoline or fuel sales directly to retail customers shall be considered to be a motor vehicle gasoline station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted.

Minimum lot area: 40,000 square feet.

Minimum lot width at front building setback line: 200 feet.

All repair, storage of parts, and other activities except for fuel sales shall be performed within an enclosed building. All refuse shall be stored within an enclosed building or screened with a landscaped fence.

Sale or rental of automobiles is not permitted. No trailer rentals are permitted.

Vehicles awaiting repairs shall not be stored outdoors for more than five consecutive days.

No junk vehicles or vehicles without a valid registration shall be stored in the open at any time unless awaiting repairs, subject to Subsection B(5) above.

The minimum distance between any building and any residential use shall be 100 feet. The minimum distance between the gasoline pumps and the right-of-way line shall be at least 30 feet.

Motor vehicle service center/repair shop: an establishment where motor vehicle parts and accessories are sold and facilities where parts may be installed; an automobile repair garage, including paint spraying and body and fender work. The following requirements shall be met:

All repairs, installation of parts, and paintwork shall be performed within an enclosed building and in accordance with applicable federal, state, and Borough laws, rules, and regulations.

All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties with buffer plantings in accordance with § 275-40 herein.

No vehicle shall be stored in the open awaiting repairs for a period exceeding five consecutive days. All vehicle storage areas shall be screened from all adjacent roads and properties by a solid fence or compact hedge at least eight feet in height. Any vehicles on the property more than five days shall be within the screened area.

Dimensional requirements.

Minimum lot area: 40,000 square feet.

Minimum lot width along all streets: 150 feet.

Minimum distance between all buildings and structures and any residential district or use: 100 feet.

No sale of fuel to retail customers is permitted. There shall be no fuel pumps.

§ 275-19 Transportation facilities and utilities.

Junk, inoperative, or unlicensed vehicles may not be stored in the open at any time.

Railroad station, railway service: a station for passenger railroads for commuter or tourist use.

A railroad station is not permitted to be used for repair of railroad cars. A separate fully enclosed facility shall be provided for repair of railroad cars, engines, etc.

All activities shall be operated in compliance with the New Hope Borough Code of Ordinances and applicable federal and state laws, rules, and regulations.

Utilities: facilities that provide services rendered by a public utility corporation, municipality, or municipal authority, and that are regulated in whole or in part by the Public Utility Commission. Utilities include, but are not limited to electricity, gas, telephone, water, sewerage, and bulk pipelines. A utility use shall include appurtenances used in connection with the supplying of such services, including, but not limited to, buildings, pedestals, cables, wires, pipes, poles, and the like, but does not include incinerators, telecommunications facilities, or public or private landfills. The following requirements shall be met:

In residential districts, a utility shall be essential to serve such residential district.

Except in commercial and industrial zoning districts, no public business office or any storage yard or storage building shall be operated in connection with the utility.

Utilities shall be screened with landscaping.

Minimum lot sizes shall be adequate to accommodate the required setbacks, parking requirements, and other building requirements.

The following minimum setbacks from all property lines shall be provided, unless the Borough or the Public Utility Commission requires a greater dimension:

Electrical substation: 50 feet.

Well facility: 100 feet.

Sewer pumping station: 40 feet.

Water treatment facility: 100 feet.

Wastewater treatment plant: 100 feet.

§ 275-20 Telecommunications facilities.

All other utilities: 50 feet.

Telecommunications facilities: a structure or structures intended for transmitting or receiving radio, television, microwave, infrared, or telephone communication; any telecommunications facility, including a tower, antenna or associated buildings, for cellular and personal wireless communications used to transmit or receive cellular and personal wireless telecommunications signals.

Telecommunications towers shall be located only on land or buildings owned by the Borough of New Hope.

Maximum height: 100 feet.

The tower and all of its supporting guys or structural supports shall be a minimum distance of 1.5 times its height from any property line.

No tower shall be located so as to be visible from the Delaware River or the Delaware Canal, except on land or buildings owned by the Borough of New Hope.

The applicant shall present documentation that the tower is designed in accordance with the standards cited in this chapter for telecommunications facilities and with all applicable safety standards for all facilities and towers. The applicant shall demonstrate that the proposed telecommunications facility and tower are constructed in a manner consistent with all applicable industry standards; and the surrounding area will not be adversely affected by support structure failure. Towers and antennas shall be designed according to the standards of the American National Standards Institute and the Telecommunications Industry Association.

All guy wires shall be marked so that they are visible.

Where the proposed lot for the facility abuts a residential zoning district, towers shall be permitted only where they are disguised by attaching them to an existing tall structure, provided that the proposed tower does not increase the height of the existing structure, or by disguising the tower so that it resembles a tree or silo so that it will fit in with the residential character of the community.

The applicant shall present a site plan showing the following items:

Locations of all existing uses and proposed telecommunications facilities.

Elevations and drawings of any existing uses and proposed telecommunications facilities, showing proposed width, depth, height, architectural style, and structural data for any towers proposed.

Vehicular access, fencing, landscaping, and any easements for access and utilities.

The applicant shall demonstrate that the height of the tower for the telecommunications facility is the minimum height necessary for the service area.

In order to reduce the number of telecommunications towers in the area, all towers and support structures shall be designed to permit other future users, including other telecommunications companies, and police, fire, and emergency services. As part of the application procedure, the applicant shall demonstrate that other telecommunications licensees have been contacted with the objective of encouraging co-location of licensed antennas on existing towers rather than on a new tower.

No telecommunications facilities (buildings or towers) shall be located on any lot or building within the New Hope Historic District.

As part of the land development agreement for the construction or installation of any telecommunications facility, provisions shall be made for the removal of the structure by the applicant should the facility not be used for a period of 12 consecutive months.

(13)

When the proposed telecommunications facility is to be located in part or in whole within a Borough right-of-way or on Borough land or a Borough facility, the applicant shall enter into a lease agreement and pay applicable lease fees. Fees shall apply to every user on the lot or tower.

(14)

An eight-foot high security fence shall completely surround the tower (and guy wires, if used) and equipment building. Buffer plantings consisting of a mix of shrubs, trees, and evergreens that is acceptable to the Borough shall be planted around the perimeter of the security fence.

(15)

Standards for telecommunications facilities combined with another use on a lot. A telecommunications facility is permitted on a property with another use subject to all other requirements and standards for this use and the following additional requirements:

If the telecommunications facility consists of a separate building, the building and tower shall not be located within the minimum front, side, and rear yard setbacks for the zoning district. The lot area for the use shall be the area needed to accommodate the buildings, towers, guy wires, buffer planting, and security fencing.

Vehicular access to the building and tower shall not interfere with the parking or circulation on the site for the principal use.

(16)

A telecommunications facility is permitted, subject to all conditions, to be located on Borough facilities or Borough land, regardless of zoning district, where permission is granted by the Borough, except on lots or structures located within the Historic District.

§ 275-21 Industrial uses.

Warehousing and distribution: facilities operated for a commercial establishment or group of establishments for the storage of goods and materials and reshipping of goods and materials.

Tractor trailers, cargo boxes, or other vehicles or structures meant to be transportable are not permitted to be used as accessory buildings for storage. These shall be loaded or unloaded within 48 hours and shall not remain on a lot beyond this period of time.

Contractor's office and storage, including building, cement, electrical, heating, plumbing, masonry, painting, landscaping, and roofing contractors.

All storage shall be indoors or secured and screened to the satisfaction of the Zoning Hearing Board.

Medical marijuana grower/processor. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit pursuant to the requirements outlined in 35 P.S. § 10231.101 et seq., to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 9 of the Medical Marijuana Act, 35 P.S. § 10231.101 et seq.

[Added 9-21-2021 by Ord. 2021-02]

A medical marijuana grower/processor shall at all times operate in compliance with all Pennsylvania Department of Health 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 and for any reason, any permits shall immediately become void.

A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, of a parcel containing a public, private or parochial school or a day-care center; nor shall a medical marijuana grower/processor be located closer than 1,000 feet to another medical marijuana grower/processor or medical marijuana dispensary.

A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility.

A medical marijuana grower/processor may not operate on the same site as a medical marijuana dispensary.

A medical marijuana grower/processor shall submit a disposal plan to and obtain approval from the Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan and shall not be placed within an exterior refuse container.

No retail sales of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

No use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

A medical marijuana grower/processor shall submit a security plan to and obtain approval from the Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. 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 Section 1102 of the Medical Marijuana Act[1] and as supplemented by regulations promulgated by the Pennsylvania Department of Health pursuant to the Medical Marijuana Act.

See 35 P.S. § 10231.1102.

A medical marijuana grower/processor shall provide proof of a contract with a private security company and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

A medical marijuana grower/processor shall submit a site plan for approval by the Borough Engineer and a floor plan for approval by the Borough Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.

A medical marijuana grower/processor facility shall not be open to the general public. All visitors, including vendors, contractors, and other individuals requiring access to the facility, shall be required to sign a log and present appropriate identification in order to gain access to the site.

§ 275-22 Accessory uses.

Accessory uses are permitted only where there is an existing principal use to which the accessory use is secondary and incidental. Zoning permits must be obtained for each individual accessory use or structure.

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. It is permitted on the same lot with and must be clearly incidental to a permitted dwelling in which the operator of the home business resides and may be permitted where it meets the following regulations:

The home business shall be accessory to a residence and carried on wholly indoors and within the dwelling and shall be compatible with the residential use of the property and surrounding residential uses.

There shall be no use of show windows, displays, or advertising visible outside the premises; there shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.

There shall be no exterior storage of materials or parking of commercial vehicles.

The appearance of the residential structure shall not be altered. The home occupation must be conducted in a manner which does not cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, parking, show windows or advertising visible outside the premises to attract customers or clients.

The home business shall be operated by members of the immediate family only, who reside in the dwelling in which the home office is located.

The floor area devoted to a home business shall not be more than 25% of the floor area of the habitable floor area of the principal residential structure.

The use shall not include the following: animal hospital; commercial stable and kennel; funeral parlor and undertaking establishment; restaurant; rooming, boarding, and lodging house; clinic or hospital; beauty shop or barbershop; nursing home or any retail activity.

No equipment or process shall be used in such 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 or telephone receiver off the lot or causes fluctuations in line voltage off the lot. The business may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential use.

No home business shall be located in an area needed to meet the off-street parking requirements of the principal residence.

No signs are permitted, other than what would be allowed for a residential use.

The business may not involve any illegal activity.

Accessory office: use of home for real estate, insurance, physician, lawyer, teacher of not more than four pupils simultaneously, or similar profession, with the following provisions:

The area devoted to the permitted professional use is located within either the practitioner's dwelling or a building accessory thereto.

The floor area devoted to the professional use shall not exceed 25% of the ground area covered by the practitioner's dwelling, excluding the ground area covered by an attached garage.

Not more than two employees, assistants or associates shall be employed on the premises in addition to the resident practitioner.

One additional parking space is required for each employee.

The professional must reside in a dwelling unit on the same lot.

Accessory building, structure or use, including but not limited to:

An enclosed building used by occupants of the principal building for parking passenger vehicles and commercial vehicles of less than one-half-ton capacity, excluding commercial use for repairs, sale of gas, etc.

Structures, such as fences and walls, provided that no fence or wall shall exceed six feet in height.

Buildings, such as storage sheds, pool houses or private greenhouses, which are not permitted to be occupied.

Swimming pools (including, but not limited to infinity pools, lap pools, swim spas and plunge pools) and hot tubs constructed as a stationary or permanent structure or temporarily erected. The following standards shall govern the erection, construction, maintenance and use of an in-ground and aboveground swimming pool and/or hot tub within any zoning district in the Borough, except aboveground plastic or like-material wading pools which are not capable of containing 18 inches or more of water in depth.

[Amended 6-15-2010 by Ord. No. 2010-03; amended 12-20-2022 by Ord. No. 2022-05]

No swimming pool, hot tub and any related improvements or facilities, including, without limitation, filters and mechanical equipment shall be located in the front yard. The water's edge of any swimming pool or hot tub shall be located a minimum of 20 feet from any property line. The water's edge of a swimming pool shall be located a minimum of 10 feet from any building wall and the water's edge of a hot tub shall be located a minimum of five feet from any building wall. Related improvements or facilities, including, without limitation, filters and mechanical equipment shall be located a minimum of 20 feet from any property line. The water's edge of an aboveground pool shall be a minimum of 20 feet from all property lines, and the accessory decks and stairs for an aboveground pool shall be no closer to the property lines than the required minimum setback distance for the principal structure. The wall height of aboveground swimming pools shall not exceed 54 inches.

A dense planting of evergreen trees and shrubs shall be established and maintained between the swimming pool, hot tub and mechanical equipment and all property lines along adjacent properties to protect the adjoining properties from noise emitting from mechanical equipment and activities in and around the pool and/or hot tub. In addition, a six-foot-high solid, opaque barrier shall be provided between the swimming pool, hot tub and mechanical equipment and all property lines along adjacent properties. The height of the barrier should be measured from the base of the hot tub, if it is located on an elevated deck or surface.

Any lighting used in conjunction with the swimming pool and/or hot tub shall be shielded in such a manner as to prevent glare on adjoining properties.

The swimming pool and/or hot tub shall be completely enclosed by a fence, wall, or other barrier, not less than four feet in height. This requirement shall not apply to a hot tub equipped with a locking cover. All gates or entrances shall be self-closing and equipped with catches and locks.

No swimming pool or hot tub shall be installed on, or built or recessed into, any roof top, elevated deck, terrance, veranda, platform or like-kind elevated structure located above the first floor level of the principal building where the first floor is considered the lowest floor with occupied living space with access to the outside at ground level or above.

Temporary structure, use, or special event: A temporary structure or use may be established for a period not to exceed a total of 12 months. A permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, with the following provisions:

A three-month permit may be granted and may be renewed for periods of three months each for a total time not to exceed 12 months for temporary structures or uses.

A temporary structure or use shall be completely removed upon expiration of the permit, without cost to the Borough.

This use does not include tents for commercial purposes in Subsection E.

A temporary structure shall conform to the same setbacks and yard requirements of this chapter as a principal structure. A temporary use shall conform to the uses allowed in the zoning district in which the use is proposed.

Community special events and uses proposed to be located on, over, or under any street, right-of-way, or other public place shall comply in all respects with the requirements of the New Hope Borough Special Events Ordinance and other applicable state and local ordinances, rules, and regulations.

Temporary tent or canopy. Tents or canopies for either commercial or residential purposes are generally prohibited in New Hope Borough, but are permitted on a limited and temporary basis as specifically provided in this subsection. A "tent" and/or "canopy" is defined as any portable shelter, whether made of plastic, canvas or any other material, supported by poles or a frame, whether or not secured by ropes, and any similar structure.

[Amended 8-8-2007 by Ord. No. 2007-09; 1-16-2009 by Ord. No. 2009-02]

Residential properties. Tents are permitted on all residential properties for personal home use or a homeowner-hosted function for a period not to exceed three days in any one event, and no more than 15 days per calendar year. Tents 200 square feet or less do not require a permit of any kind; tents greater than 200 square feet require a permit from only the Borough Fire Marshal. A tent on a residential property shall not exceed 400 square feet.

Nonresidential properties. Tents are permitted on any property in the CC, HC or SC Zoning District that is occupied by a legally licensed business for a specific function or event. No tent shall be allowed to remain for a period of more than three days in any one event, and no more than 15 days per calendar year. Tents 200 square feet or less do not require a permit of any kind; tents greater than 200 square feet require a permit from only the Borough Fire Marshal. A tent shall not exceed 800 square feet.

All tents, including all movable items covered by the tent, shall be removed within 24 hours after conclusion of the event.

A certificate of appropriateness is not required for a temporary tent or canopy proposed in the Historic District.

Tents, including all supports and attachments, on nonresidential properties shall conform to the setback and yard requirements of this chapter applicable to a principal structure or building. For tents on nonresidential properties, both building and impervious surface coverage shall conform to this chapter as if the tent were a permanent structure.

For tents on residential properties, the tent, including all supports and attachments shall be located in either the rear or side yards, and shall be set back at least six feet from any side or rear property line. If the tent on a residential property cannot be located in the rear or side yard, the tent may be located in the front yard, but shall conform to the setback and yard requirements of this chapter applicable to a principal building or structure. Tents on residential properties do not need to meet building or impervious surface coverage ratios for the applicable zoning district.

No permanent foundation shall be installed in connection with any tent. A tent may be installed over an existing permanent foundation.

No additional parking is required for any tent.

A tent shall not be erected or installed over parking spaces or sidewalks or within any public right-of-way.

No advertising and no signs may be placed on the tent, supports or attachments.

Tents must comply with the Pennsylvania Uniform Construction Code, as adopted by New Hope Borough.

Outside storage and display: Storage of goods and supplies outside of the building setback lines is permitted where it is necessary but incidental to the normal operation of a principal use. Outdoor storage and display is limited to the area directly in front of each establishment, provided that it is not located within the parking area and does not occupy pedestrian paths or walkways. All other display of merchandise, inside or outside, shall be considered to be part of the use, must be located within the building setback lines and the principal building protection zone for the lot, and is subject to all other limitations and requirements of this chapter, including but not limited to lot coverage, parking, and impervious surface. Outside display shall be limited to an area within five feet immediately in front of the building, with the requirement that the outdoor display is on private property only and shall not encroach into or in any way interfere with a public sidewalk, walkway or parking area. The display of goods out-of-doors shall be limited to articles and/or equipment sold within the retail shop within the principal building on the lot. Outdoor display shall be limited to the operator of the shop within the principal building on the lot.

Takeout and drive-through windows.

A drive-through facility shall be an accessory use and is defined as any facility through which a service is provided, or goods, food or beverages are sold to the operator of, or passengers in, a motor vehicle without the necessity of the operator or passengers disembarking from the vehicle. Drive-through facilities are permitted as accessory uses only for restaurants with drive-through service (use in § 275-17E) and financial establishments (use in § 275-17P) and no others.

No sales in New Hope Borough shall be conducted through takeout windows or drive-through windows, except in the SC Shopping Center Districts, and except as permitted for restaurant with drive-through service (use in § 275-17E) in the HC Highway Commercial Districts.

The following definitions shall apply.

BYPASS LANE/ESCAPE LANE

Vehicular lane allowing traffic to pass the drive-through lane and/or allowing vehicles, because of emergencies or mistakenly entering the drive-through lane, to exit the drive-through lane.

DRIVE-THROUGH CANOPY

Overhead structures intended to protect patrons from the weather while stationed at the drive-through service area/facility.

DRIVE-THROUGH LANE

Vehicular lane allowing the stationing and stacking of vehicles while ordering and waiting for goods and services.

Requirements. A drive-through facility is subject to the following standards.

The drive-through facility shall be designed so there will be no pedestrian/vehicular conflicts.

Hours of operation shall be set as a condition of the conditional use permit to minimize the impacts of drive-through facilities located adjacent to residential uses. However, no drive-through use may commence earlier than 10:00 a.m. daily or remain in use after 9:00 p.m. daily.

Minimum lot frontage on at least one street shall be 150 feet for all principal uses with accessory drive-through facilities to ensure adequate room for access drives.

Drive-through facilities shall abut only arterial streets, as defined in the New Hope Borough Subdivision and Land Development Ordinance,[1] and access shall not be taken from local streets.

Editor's Note: See Ch. 237, Subdivision and Land Development.

The driveway entrance and exit lane of a drive-through facility must be set back at least 100 feet from any intersection.

A bypass lane/escape lane shall be provided for cars not using the drive-through.

The design of a drive-through lane and bypass lane/escape lane shall minimize the blocking, crossing or passing through of vehicles using off-street parking areas and minimize crossing of or the need to be crossed by pedestrian accessways for patrons.

The drive-through lane shall not be the sole ingress and egress to the site.

Drive-through lanes shall be marked by signs that indicate the entrance and exit for the drive-through lanes. The direction of traffic flow for the drive-through lane and bypass lane/escape lane shall be marked clearly. Drive-through lanes shall be separated from the bypass lane/escape lane and parking aisles by painted lines.

Lane separation. An on-site circulation pattern shall be provided for drive-through facility traffic that separates such traffic from that of sit-down patrons.

A stacking area that is separated from other traffic circulation on the site shall be provided for vehicles waiting for service in the drive-through lane. Stacking shall not be provided in parking aisles or in driveways provided for on-site circulation. Stacking distance for each lane or window shall be at least 120 feet in length.

(l)

The total height for any overhead drive-through canopy shall not exceed 15 feet.

(m)

A drive-through facility with the drive-through service area/facility located in an existing or proposed shopping center shall have circulation patterns that are integrated with that of the center.

(n)

A traffic impact study shall be submitted to provide information to determine the necessary stacking area and the impact the proposal will have upon local traffic circulation. The traffic impact study shall address the following issues:

Nature of the product or service being offered;

Method by which the product or service is being offered (e.g. window service or brought to vehicle by employee);

Arrival rate for patrons;

Peak demand hour;

Anticipated vehicular stacking required;

Anticipated traffic generation;

Diagram of traffic flow, stacking and pedestrian crossings; and

Other data or information as requested by the Borough.

Vending machines: Vending and service machines, including bank service or ATM machines, are allowed as special exceptions (CC Central Commercial District) or permitted as accessory uses in certain zoning districts (HC Commercial District and SC Shopping Center District). No vending or service machine shall be permitted outside a completely enclosed building, except as permitted below.

Only newspaper and news/sales material vending or distribution machines may be outside an enclosed building and only where the following conditions are met.

A permit shall be required for all machines to be located outside a building, except newspaper vending machines.

The machine shall be secured to a concrete pad or other suitable permanent and secure base. Chaining the machine to a post, streetlight, traffic signal, or other municipal or utility company facility is not acceptable and does not meet this condition.

The machine shall be located a minimum of 10 feet from the edge of the cartway of any road and shall not be located within the right-of-way of any roadway or within any sidewalk area.

The machine shall be located so that it does not interfere with clear sight distance and shall be located at least 100 feet from any intersection.

The machine shall not be located within any parking area that is needed to meet parking requirements.

The machine shall not interfere with safe pedestrian flow or access.

The machine must be properly maintained so that it is secured to its pad, operating properly, and free of debris, graffiti, and vandalism.

No machines may be lighted internally or by external means except for bank service machines.

If the proposed vending or service machine is in the Historic District and is visible from a public right-of-way, Historical Architectural Review Board (HARB) and Council approval shall be required in the form of a certificate of appropriateness.

Bank service or ATM machines shall be permitted as part of a financial institution with access from the outside or, if not part of a financial institution, shall be located inside a completely enclosed building.

Accessory boarders and lodgers: the keeping of roomers, boarders or lodgers as an accessory use, subject to the following limitations:

[Amended 8-8-2007 by Ord. No. 2007-09]

No more than one roomer, boarder or lodger shall be accommodated.

Use shall be permitted only in single-family detached dwellings in the CC and LC Districts only.

The roomers, boarders or lodgers shall live within the principal residential building.

No separate cooking facilities or dwelling unit shall be permitted or created.

One off-street parking space shall be provided for each roomer, boarder or lodger.

Travel trailer/recreational vehicle storage, subject to the following limitations:

No more than one trailer/recreational vehicle shall be permitted on a lot.

Vehicles shall be owned by the occupant of the lot.

Vehicles must be unoccupied.

Vehicles must be stored in the side or rear lot and are not permitted to be stored in the front yard or in front of the principal building.

Dwelling(s) in combination with a business. One residential dwelling unit that is part of a principal building that contains at least one principal nonresidential use, under one ownership, meeting the following regulations:

[Amended 8-8-2007 by Ord. No. 2007-09]

All off-street parking requirements shall be met for each principal nonresidential use and the dwelling unit.

All Pennsylvania Uniform Construction Code and New Hope Borough Property Maintenance Code requirements shall be met.[2]

Editor's Note: See Ch. 207, Property Maintenance.

The minimum lot size shall be the total minimum lot size required for each principal nonresidential use and the residential dwelling unit.

§ 275-23 Combined development uses.

[Amended 6-11-2008 by Ord. No. 2008-03]

Coordinated development use.

It is intended that any property developed as a coordinated development use will achieve a mixed use including at least three uses from the following use categories: Residential, Institutional, Business and Office, and Retail and Consumer Services. The intent of this type of use is to achieve public purposes by seeking means to share stormwater management, parking, and similar facilities while providing benefit to the public, and developing land in support of the Comprehensive Plan to accomplish a unified effort in redevelopment of a former industrial area of the Borough.

A coordinated development use shall provide for the sharing of certain infrastructure and public utilities, stormwater management elements, site access and other public and private improvements in order to maximize the use of these features and to minimize the need for additional impervious surfaces and larger lot sizes.

Use criteria. Use categories described in this section may be permitted within a coordinated development use insofar as the specific use requirements are satisfied.

Permitted use categories.

Residential. Uses in § 275-14C (two-family dwelling), D (multifamily dwelling-apartment style dwelling), and E (townhouse/attached dwelling).

Institutional. Uses in § 275-15C (library/museum), D (day-care center), E (public recreational facility), F (private club), and J (events center).

Business and office uses. Uses in § 275-16A (general office), and B (governmental office).

Retail and consumer services. Uses in § 275-17A (retail shop), B (service business), D (restaurant), I (inn), and L (retail foodshop — limited to specialty and unique items).

Use requirements.

A minimum of three types of use categories is required in any coordinated development use. Use categories are set forth in Subsection A(3) above. The total gross floor area assigned to each use category shall be limited to the following percentage of all available gross floor area:

Residential: 50% maximum.

Institutional: 50% maximum.

Business and office: 75% maximum.

Retail and consumer services (not including inn): 25% maximum.

[e]

Retail and consumer services (including inn): 50%.

Multiple individual uses within any permitted use category are allowed, provided that no single individual use may exceed a maximum of 50% of the maximum space allocated to a specific use category.

Dimensional standards. The following standards shall regulate a coordinated development use.

Minimum gross site area: five acres.

Maximum building coverage: 35% gross site area.

Maximum gross floor area: 35% of gross site area.

Maximum impervious surface: 70% of gross site area.

Minimum boundary setbacks:

Front yard: 50 feet.

Side yard: 35 feet (each).

Rear yard: 50 feet.

Minimum lot width: 150 feet.

Maximum building height: 35 feet or three stories (whichever is greater).

Minimum landscaped area: 30% of gross site area.

General requirements for coordinated development.

Buffer yards. A fifteen-foot-wide buffer shall be required along each boundary line of a coordinated development if adjacent to a residential zoning district or residential use, except that the interior five feet of the buffer may be part of a driveway for fire and emergency vehicles. All other requirements of this chapter shall be satisfied.

Off-street parking spaces. All requirements of Article VIII, Off-Street Parking, of Chapter 275 of the Code shall be satisfied for individual uses, except that the total number of parking spaces required for all uses may be reduced if the proposed uses have different use characteristics and the reduction of total required spaces is associated with specific uses having peak parking at different times of the day as proven by the applicant through traffic studies to the satisfaction of the Borough Council. Every requested reduction must be demonstrated with projected employment, customer, resident, or other relevant data. Any future change in the proportion of uses accompanying the coordinated development use shall require a conditional use including revised analysis of the need for off-street parking. Parking spaces are to serve the uses within the coordinated development use. No charge shall be made for the use of these spaces. Any excess spaces over and above those required by this chapter may be made available to the public on a fee basis, provided that this arrangement is approved by Borough Council as a conditional use.

Off-street loading. All off-street loading and unloading shall be limited to front door deliveries by means of panel trucks and vans, and loading and unloading requiring use of tractor trailers or moving vans will be limited to off-peak hours in designated loading zones for each building.

Roads. Roads and driveways within the proposed development shall remain private and shall be owned and maintained by a homeowners' or condominium association. The arrangement for the continuing maintenance of parking and roads within the development shall be reviewed and approved by the Borough. Site access/egress shall not use local residential streets and shall provide for a minimum of two locations available to accommodate both normal and emergency vehicular traffic. For purposes of this chapter, West Bridge Street (SR 179) and Route 202 shall not be classified as local residential streets.

Pedestrian circulation. A pedestrian circulation system shall be provided as an integral part of the proposed development. The pedestrian circulation system shall provide reasonable access to all areas within the proposed development as well as access to neighborhoods adjacent to the proposed development in accordance with the general standards for conditional uses.

Special provisions for coordinated development use.

The plan submitted shall depict the entire LI District and shall show the relationship of the proposed use to other lots and streets in the LI District.

The application shall be evaluated in reference to the following standards. The proposal must complement the Borough's existing character; diversify the local economy; support the visual/performing/creative arts; provide goods and services to local residents, businesses, and employees; create additional employment opportunities; offer opportunities to nonprofit agencies and groups to use portions of the facilities provided in the proposal; encourage historic preservation and/or adaptive reuse; and be serviced by public water and wastewater facilities.

The application shall contain at least three of the following uses: residential (up to 12 dwelling units per acre for reuse of existing structures only); inn; events center; general office; dwelling in combination with a business; governmental office; museum.

Historic river hospitality use.

Any property developed as an historic river hospitality use shall achieve a mixed use including at least three individual uses from the permitted use categories identified in this section.

The intent of this use is to encourage the restoration, rehabilitation, relocation, deconstruction and reuse of historic and/or older buildings and structures, and their original materials, that have fallen into disrepair and/or have been decertified as contributing resources to the Historic District; revitalization of existing properties with front and rear frontages along the Delaware River, the Delaware Canal and/or the Delaware Canal Outlet; and development of land in support of the Comprehensive Plan to accomplish a unified effort in redevelopment of an important gateway and entry area of the Borough.

[Amended 11-18-2014 by Ord. No. 2014-04; 12-19-2017 by Ord. No. 2017-06]

Use criteria. Use categories described in this section may be permitted within an historic river hospitality use insofar as the specific use requirements are satisfied, or as otherwise modified in this section.

Permitted use categories and permitted individual uses.

Institutional: § 275-15J (events center).

Retail and consumer services: § 275-17D (restaurant), § 275-17H (theater); or § 275-17I (inn).

[Amended 2-18-2014 by Ord. No. 2014-01]

Permitted accessory uses are limited to the following: § 275-17A (retail store); § 275-16A (general office); § 275-17B (service business); or § 275-17L (retail foodshop, limited to specialty and unique items). Accessory uses may not be counted as a required individual use, and are subject to the limitations set forth in Subsection B(5) below and elsewhere in this chapter as applicable.

Dimensional standards. Subject to the provisions of Subsection B(3)(d) below, the following standards shall regulate an historic river hospitality use:

Minimum site area: 15,000 square feet.

Maximum building coverage: 35% of gross site area.

Maximum impervious surface: 70% of gross site area.

Minimum boundary setbacks:

Front yard: 40 feet.

Side yard: 20 feet (each).

Rear yard: 35 feet.

Minimum lot width at the street line: 100 feet.

[e]

Maximum building height: 40 feet, subject to the provisions of Subsection B(3)(d)[6].

[Amended 11-18-2014 by Ord. No. 2014-04; 12-19-2017 by Ord. No. 2017-06]

[f]

Maximum number of stories above grade: four.

The dimensional standards for an historic river hospitality use set forth in Subsection B(3)(c) above may be modified upon conditional use approval by Borough Council in accordance with the provisions of this Subsection B(3)(d).

[Amended 11-18-2014 by Ord. No. 2014-04; 12-19-2017 by Ord. No. 2017-06]

If the property contains a building or structure that qualifies as an "historic structure" (as defined in § 275-6 of this chapter) and/or has been decertified as a contributing resource to the Historic District by the federal and state agencies with jurisdiction over historic structures and/or districts, Council may modify any dimensional standard, other than maximum building height (see Subsection B(3)(d)[6] below), the minimum amount necessary in order to accommodate the restoration, rehabilitation and/or relocation of the historic structure. All existing and proposed dimensional criteria shall be demonstrated.

If the property contains a building or structure that qualifies as an "historic structure" (as defined in § 275-6 of this chapter) and/or that has been decertified as a contributing resource to the Historic District by the federal and state agencies with jurisdiction over historic structures and/or districts, Council may modify any dimensional standard, other than maximum building height (see Subsection B(3)(d)[6] below), in order to accommodate the deconstruction and reuse of the building and/or its original materials in a new building, provided the following criteria are demonstrated with substantial evidence:

Restoration and/or rehabilitation of the existing building or structure is impractical due to the condition of the building; and the prohibitive costs of disassembling, relocating, moving and/or elevating the structure preclude a reasonable beneficial use of the structure and property;

By use of the former building's original materials, the architectural outline and facade of at least the front street side of the former building's exterior is prominently incorporated into any new building or structure; and such feature in the new building is visible from the street; and

At least 50% of the building's original exterior and interior historic materials by volume are reused in any new building or structure. The original building shall be deconstructed and its original materials inventoried. Such inventory shall be provided to New Hope Borough. Building plans for any proposed building shall demonstrate the location(s) of the original inventoried material.

For purposes of this Subsection B(3)(d), "restoration" means to restore and repair an historic structure in its original location or on its original property to accurately depict the form, features and character of the building as it appeared at a particular period of time. "Rehabilitation" means modern or contemporary revisions to an historic structure in its original location or on its original property through repair, alterations or additions.

For purposes of this Subsection B(3)(d), "reuse" shall mean the deconstruction of the original historic structure one piece of the building at a time; and the subsequent conversion, reuse and repurpose of the building's original materials on its original property from the use for which it was constructed to a new use compatible with the surrounding land uses.

For purposes of this Subsection B(3)(d), "relocation" shall mean moving a building and/or structure that is or was a contributing resource to the Historic District, or any part thereof, to a new location that is not such building's or structure's original location, but is still located within the Historic District.

Building height. The architectural elements of a building or structure occupied by an historic river hospitality use may be increased upon conditional use approval by Borough Council. The following specific criteria shall be met:

Any projection exceeding 40 feet shall be measured from the mean elevation of the finished grade at the street side of the building or structure to the highest point on the projection.

Any projection exceeding 40 feet shall be designed to enhance the architectural and historic nature of the area in which the historic river hospitality use is located.

Architectural drawings shall be submitted showing in detail the design, materials and scale of the proposed projection(s). Photo simulations of the proposed building shall be prepared to show the impact on surrounding areas.

Other specific criteria for historic river hospitality.

Off-street parking spaces. All requirements of Article VIII, Off-Street Parking, of Chapter 275 of the Code shall be satisfied for the individual uses, except that the total number of parking spaces required for all uses may be reduced if the proposed uses have different use characteristics and the reduction of total required spaces is associated with specific uses having peak parking at different times of the day as proven by the applicant through traffic studies to the satisfaction of Borough Council. Every requested reduction must be demonstrated with projected employment, customer, resident, or other relevant data. Any excess spaces over and above those required by this chapter may be made available to the public on a fee basis, provided that this arrangement is approved by the Borough Council.

Off-street loading. Where possible, off-street loading and unloading shall be limited to deliveries by means of panel trucks and vans. Loading and unloading requiring use of tractor trailers or moving vans will be limited to off-peak hours in designated loading zones.

Roads and driveways within the proposed use shall remain private and shall be owned and maintained by the property owner, or a community or condominium association. The arrangement for the continuing maintenance of parking and roads within the development shall be reviewed and approved by the New Hope Borough Council. Site access/egress shall not use local residential streets and shall provide for a minimum of two locations available to accommodate both normal and emergency vehicular traffic. For purposes of this § 275-23B only, River Road (S.R. 032) shall not be considered nor classified as a local residential street.

Special provisions for historic river hospitality use.

River and canal access. The property must have access and frontage along the Delaware Canal; and direct access and frontage to publicly owned lands along the Delaware River.

The application shall be evaluated in reference to the following standards. The proposal must complement the Borough's existing character; diversify the local economy; support the visual/performing/creative arts; provide goods and services to local residents, businesses, and employees; create additional employment opportunities; offer opportunities to nonprofit agencies and groups to use portions of the facilities provided in the proposal; encourage historic preservation and/or adaptive reuse; and provide accessibility to the Delaware River, Delaware Canal and/or adjoining parkland.

The proposed use must be serviced by public water and wastewater facilities.

Notwithstanding the provisions of § 275-17D(2)(d)[1] and [2], outdoor eating areas are allowed only in the following areas: the property's yards that are adjacent to the Delaware Canal Outlet and/or the convergence of the Delaware Canal and the Outlet; and within any areas over the Delaware Canal Outlet for which the applicant has secured leased air rights. Outdoor eating activities shall not be located in any areas reserved for parking, and shall not interfere with any walking or trail areas along either the Delaware River, the Delaware Canal or the Delaware Canal Outlet.

[Amended 11-18-2014 by Ord. No. 2014-04]

Notwithstanding the provisions of § 275-17H(2), amplified music or sound is permitted, provided that the amplified music or sound is entirely indoors and provided that the amplified music and/or sound complies with Chapter 192 of the Code of Ordinances of New Hope Borough relating to noise.

The total square footage of all permitted accessory uses shall not exceed 1,000 square feet in gross floor area.

Notwithstanding the provisions of § 275-46C(8)(e), any individual use shall not exceed 25,000 square feet of gross floor area, nor be less than 3,000 square feet of gross floor area. No two individual uses shall jointly comprise less than 10,000 square feet of gross floor area.

[Amended 11-18-2014 by Ord. No. 2014-04]

Subject to Council approval, limited deck-type encroachments from the principal building into adjoining navigable waters are permitted, provided that the holder of the rights to the navigable waters grants a lease, easement or other long-term possessory providing for a minimum term of 10 years.

Multi-use building. A mix of retail and consumer service uses, business and office uses, in combination with residential uses occupying one building. New construction of a multi-use building, conversion of a building to a multi-use building, or expanding an existing multi-use building is subject to the following conditions:

[Added 8-15-2023 by Ord. No. 2023-05]

Nonresidential uses permitted in the multi-use building shall be limited to the following:

The following uses are permitted by right within a multi-use building:

The use in § 275-15A, religious use.

The use in § 275-17A, retail.

The use in § 275-17B, service business.

The use in § 275-17L, retail food shop.

The use in § 275-17P, financial establishment.

The use in § 275-22A, no-impact home business.

The following uses are permitted by right within a multi-use building above the street-level story only:

The use in § 275-15F, private club.

The use in § 275-16A, general office.

The use in § 275-16B, government office.

The use in § 275-16D, medical office.

The following uses shall be permitted within a multi-use building as a conditional use and when all conditions of Article IV, Use Regulations, and Article XI, § 275-76, General conditions, are met.

The use in § 275-17S, village restaurant.

The use in § 275-17D, restaurant.

Residential dwelling units within a multi-use building.

Residential dwelling units shall meet the following requirements:

Residential dwelling units shall only be permitted above the street-level story.

Residential dwelling units shall include two bedrooms or fewer.

Entrances to the residential dwelling units shall be separated from the entrances to the nonresidential uses.

Each residential dwelling unit shall contain its own bathroom and kitchen facilities and be used or intended to be used for living, sleeping, cooking, and eating by one family.

The building footprint of proposed residential space shall be above the street-level story of a multi-use building and cannot exceed the building footprint of the nonresidential space on the street-level story.

When residential space is added to an existing multi-use building, an equal or greater amount of nonresidential space must also be added, subject to the dimensional requirements for the zoning district and the structural capabilities of the existing building. If the nonresidential space cannot be added, the residential space cannot be added.

If any part of an addition to a nonresidential street-level story is below the ceiling of the nonresidential street-level story, that part of the addition shall be nonresidential.

All permitted uses associated with a multi-use building shall be conducted within a completely enclosed building unless expressly authorized. This requirement does not apply to required parking or loading areas, automated teller machines or outdoor seating.

In the event of the conversion, expansion of an existing building to a mixed-use building or the construction of a new mixed-use building, the applicant must apply for and receive a certificate of appropriateness for any exterior changes to the building, visible from the public-right-of way, per Chapter 10, the HARB ordinance.

Off-Street Parking.

No minimum number of off-street parking spaces are required for nonresidential uses unless such uses exceed 3,000 square feet of gross floor area. Parking is required for the area above 3,000 square feet based on the parking standards for the individual nonresidential uses found in § 275-56.

For residential uses, the following number of off-street parking spaces shall be required:

Efficiency: 1.0 space per unit.

One bedroom: 1.0 space per unit.

Two bedrooms: 1.5 spaces per unit.

The number of required off-street parking spaces shall be the greater of the number required in § 275-23C(8)(a) and (b) above.

Off-street parking shall not be permitted in the front of a multi-use building.

Off-street parking areas shall be visually screened from adjacent buildings and the street by landscaping, fences, or walls. Landscaping shall meet the requirements of § 275-40, Buffer and landscape requirements, Subsection F. Fences and walls shall require a certificate of appropriateness per Chapter 10, the HARB ordinance, if visible from the public right-of-way.

§ 275-24 (Reserved) [1]

§ 275-25 Prohibited uses near Delaware Canal.

Editor's Note: Former § 275-24, Off-premises signs, as amended, was renumbered as § 275-53 1-16-2009 by Ord. No. 2009-02.

In no case shall any portion of the following uses, other than open space or buffer yards, be permitted within 200 feet of the center of the Delaware Canal in any district:

The use in § 275-17J, motor vehicle sales and service.

The use in § 275-17K, shopping center.

The use in § 275-17N, convenience store.

The use in § 275-18B, motor vehicle gasoline station.

The use in § 275-18C, motor vehicle service center.

The use in § 275-20A, telecommunications facility.

§ 275-26 Lawful use not otherwise permitted.

Any lawful use which is required to be permitted by the Pennsylvania Municipalities Planning Code and which is not otherwise permitted in other use categories of this chapter may be permitted as a conditional use, provided that the applicant for such conditional use establishes that the proposed use meets the following criteria as well as the requirements set forth in all other applicable sections of this chapter:

The use must comply with the lot, area, dimensional, and design criteria of the district in which it is permitted.

Residential uses shall be permitted in the RB District.

Institutional, office, commercial, retail, and service uses shall be permitted in the HC District.