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.
A. 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:
(1) 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.
(2) 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.
(3) There shall be no exterior storage of materials or
parking of commercial vehicles.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) No home business shall be located in an area needed
to meet the off-street parking requirements of the principal residence.
(10)
No signs are permitted, other than what would
be allowed for a residential use.
(11)
The business may not involve any illegal activity.
B. 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:
(1) The area devoted to the permitted professional use
is located within either the practitioner's dwelling or a building
accessory thereto.
(2) 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.
(3) Not more than two employees, assistants or associates
shall be employed on the premises in addition to the resident practitioner.
(4) One additional parking space is required for each
employee.
(5) The professional must reside in a dwelling unit on
the same lot.
C. Accessory building, structure or use, including but
not limited to:
(1) 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.
(2) Structures, such as fences and walls, provided that
no fence or wall shall exceed six feet in height.
(3) Buildings, such as storage sheds, pool houses or private
greenhouses, which are not permitted to be occupied.
(4) 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]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
D. 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:
(1) 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.
(2) A temporary structure or use shall be completely removed
upon expiration of the permit, without cost to the Borough.
(3) This use does not include tents for commercial purposes in Subsection
E.
(4) 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.
(5) 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.
E. 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]
(1) 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.
(2) 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.
(3) All tents, including all movable items covered by
the tent, shall be removed within 24 hours after conclusion of the
event.
(4) A certificate of appropriateness is not required for
a temporary tent or canopy proposed in the Historic District.
(5) 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.
(6) 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.
(7) No permanent foundation shall be installed in connection
with any tent. A tent may be installed over an existing permanent
foundation.
(8) No additional parking is required for any tent.
(9) A tent shall not be erected or installed over parking
spaces or sidewalks or within any public right-of-way.
(10)
No advertising and no signs may be placed on
the tent, supports or attachments.
(11)
Tents must comply with the Pennsylvania Uniform
Construction Code, as adopted by New Hope Borough.
F. 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.
G. Takeout and drive-through windows.
(1) 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.
(2) 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.
(3) 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.
(4) Requirements. A drive-through facility is subject
to the following standards.
(a)
The drive-through facility shall be designed
so there will be no pedestrian/vehicular conflicts.
(b)
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.
(c)
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.
(d)
Drive-through facilities shall abut only arterial
streets, as defined in the New Hope Borough Subdivision and Land Development
Ordinance, and access shall not be taken from local streets.
(e)
The driveway entrance and exit lane of a drive-through
facility must be set back at least 100 feet from any intersection.
(f)
A bypass lane/escape lane shall be provided
for cars not using the drive-through.
(g)
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.
(h)
The drive-through lane shall not be the sole
ingress and egress to the site.
(i)
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.
(j)
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.
(k)
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:
[1]
Nature of the product or service being offered;
[2]
Method by which the product or service is being
offered (e.g. window service or brought to vehicle by employee);
[3]
Arrival rate for patrons;
[5]
Anticipated vehicular stacking required;
[6]
Anticipated traffic generation;
[7]
Diagram of traffic flow, stacking and pedestrian
crossings; and
[8]
Other data or information as requested by the
Borough.
H. 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.
(1) 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)
A permit shall be required for all machines
to be located outside a building, except newspaper vending machines.
(b)
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.
(c)
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.
(d)
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.
(e)
The machine shall not be located within any
parking area that is needed to meet parking requirements.
(f)
The machine shall not interfere with safe pedestrian
flow or access.
(g)
The machine must be properly maintained so that
it is secured to its pad, operating properly, and free of debris,
graffiti, and vandalism.
(2) No machines may be lighted internally or by external
means except for bank service machines.
(3) 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.
(4) 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.
I. 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]
(1) No more than one roomer, boarder or lodger shall be
accommodated.
(2) Use shall be permitted only in single-family detached
dwellings in the CC and LC Districts only.
(3) The roomers, boarders or lodgers shall live within
the principal residential building.
(4) No separate cooking facilities or dwelling unit shall
be permitted or created.
(5) One off-street parking space shall be provided for
each roomer, boarder or lodger.
J. Travel trailer/recreational vehicle storage, subject
to the following limitations:
(1) No more than one trailer/recreational vehicle shall
be permitted on a lot.
(2) Vehicles shall be owned by the occupant of the lot.
(3) Vehicles must be unoccupied.
(4) 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.
K. 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]
(1) All off-street parking requirements shall be met for
each principal nonresidential use and the dwelling unit.
(2) All Pennsylvania Uniform Construction Code and New
Hope Borough Property Maintenance Code requirements shall be met.
(3) The minimum lot size shall be the total minimum lot
size required for each principal nonresidential use and the residential
dwelling unit.
[Amended 6-11-2008 by Ord. No. 2008-03]
A. Coordinated development use.
(1) 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.
(2) 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.
(3) Use criteria. Use categories described in this section
may be permitted within a coordinated development use insofar as the
specific use requirements are satisfied.
(a)
Permitted use categories.
[1]
Residential. Uses in §
275-14C (two-family dwelling), D (multifamily dwelling-apartment style dwelling), and E (townhouse/attached dwelling).
[2]
Institutional. Uses in §
275-15C (library/museum), D (day-care center), E (public recreational facility), F (private club), and J (events center).
[3]
Business and office uses. Uses in §
275-16A (general office), and B (governmental office).
(4) 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).
(a)
Use requirements.
[1]
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:
[a] Residential: 50% maximum.
[b] Institutional: 50% maximum.
[c] Business and office: 75% maximum.
[d] Retail and consumer services (not
including inn): 25% maximum.
[e] Retail and consumer services (including
inn): 50%.
[2]
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.
(b)
Dimensional standards. The following standards
shall regulate a coordinated development use.
[1]
Minimum gross site area: five acres.
[2]
Maximum building coverage: 35% gross site area.
[3]
Maximum gross floor area: 35% of gross site
area.
[4]
Maximum impervious surface: 70% of gross site
area.
[5]
Minimum boundary setbacks:
[b] Side yard: 35 feet (each).
[6]
Minimum lot width: 150 feet.
[7]
Maximum building height: 35 feet or three stories
(whichever is greater).
[8]
Minimum landscaped area: 30% of gross site area.
(c)
General requirements for coordinated development.
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
(d)
Special provisions for coordinated development
use.
[1]
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.
[2]
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.
[3]
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.
B. Historic river hospitality use.
(1) 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.
(2) 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]
(3) 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.
(a)
Permitted use categories and permitted individual
uses.
[2]
Retail and consumer services: §
275-17D (restaurant), §
275-17H (theater); or §
275-17I (inn).
[Amended 2-18-2014 by Ord. No. 2014-01]
(b)
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.
(c)
Dimensional standards. Subject to the provisions of Subsection
B(3)(d) below, the following standards shall regulate an historic river hospitality use:
[1]
Minimum site area: 15,000 square feet.
[2]
Maximum building coverage: 35% of gross site
area.
[3]
Maximum impervious surface: 70% of gross site
area.
[4]
Minimum boundary setbacks:
[b] Side yard: 20 feet (each).
[d] 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.
(d)
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]
[1]
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.
[2]
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:
[a] 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;
[b] 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
[c] 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.
[3]
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.
[4]
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.
[5]
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.
[6]
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:
[a] 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.
[b] 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.
[c] 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.
(4) Other specific criteria for historic river hospitality.
(a)
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.
(b)
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.
(c)
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.
(5) Special provisions for historic river hospitality
use.
(a)
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.
(b)
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.
(c)
The proposed use must be serviced by public
water and wastewater facilities.
(d)
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]
(e)
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.
(f)
The total square footage of all permitted accessory
uses shall not exceed 1,000 square feet in gross floor area.
(g)
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]
(h)
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.
C. 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]
(1) Nonresidential uses permitted in the multi-use building shall be
limited to the following:
(a)
The following uses are permitted by right within a multi-use
building:
[5]
The use in §
275-17P, financial establishment.
[6]
The use in §
275-22A, no-impact home business.
(b)
The following uses are permitted by right within a multi-use
building above the street-level story only:
(c)
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.
(2) Residential dwelling units within a multi-use building.
(a)
Residential dwelling units shall meet the following requirements:
[1]
Residential dwelling units shall only be permitted above the
street-level story.
[2]
Residential dwelling units shall include two bedrooms or fewer.
[3]
Entrances to the residential dwelling units shall be separated
from the entrances to the nonresidential uses.
[4]
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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) Off-Street Parking.
(a)
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.
(b)
For residential uses, the following number of off-street parking
spaces shall be required:
[1]
Efficiency: 1.0 space per unit.
[2]
One bedroom: 1.0 space per unit.
[3]
Two bedrooms: 1.5 spaces per unit.
(c)
The number of required off-street parking spaces shall be the greater of the number required in §
275-23C(8)(a) and
(b) above.
(d)
Off-street parking shall not be permitted in the front of a
multi-use building.
(e)
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.
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:
A. The use in §
275-17J, motor vehicle sales and service.
D. The use in §
275-18B, motor vehicle gasoline station.
E. The use in §
275-18C, motor vehicle service center.
F. The use in §
275-20A, telecommunications facility.
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:
A. The use must comply with the lot, area, dimensional,
and design criteria of the district in which it is permitted.
(1) Residential uses shall be permitted in the RB District.
(2) Institutional, office, commercial, retail, and service
uses shall be permitted in the HC District.
(3) Industrial uses, recreation, and adult uses shall
be permitted in the LI District.
B. The use proposed shall comply with all permit requirements
of the Bucks County Department of Health, Pennsylvania Department
of Environmental Protection, and other commonwealth or federal governmental
agencies which regulate such use, in addition to all requirements
of this chapter.
C. A buffer area shall be established, in accordance
with the conditions imposed upon the granting of the conditional use
approval, which is sufficient to adequately screen the lawful permitted
use from other uses in the vicinity. The buffer shall be of sufficient
width to protect the surrounding area from objectionable effects of
the proposed use, including, but not limited to, noise, dust, vibration,
odor, illumination, and visual effects.