[Ord. 1972-10, 10/16/1972, Art. II, § 200]
1.
Unless a contrary intention clearly appears, the following words
and phrases shall have, for the purpose of this chapter, the meanings
given in the following clauses.
2.
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
A.
Words used in the present tense include the future.
B.
The singular includes the plural.
C.
The word "person" includes a corporation, partnership, and association
as well as the individual.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The term "shall" is mandatory.
F.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be occupied."
G.
The word "Commission" and the words "Planning Commission" always
mean the Doylestown Borough Planning Commission.
H.
The word "Council" or the words "Borough Council" always mean the
Doylestown Borough Council.
I.
The word "Board" or the words "Zoning Hearing Board" always mean
the Doylestown Borough Zoning Hearing Board.
3.
Any word or term not defined herein shall be used with a meaning
of standard usage.
[Ord. 1972-10, 10/16/1972, Art. II, §§ 201-231;
as amended by Ord. 1975-13, 6/7/1975, § 5; by Ord. 1978-5,
4/17/1978, § 1; by Ord. 1978-6, 5/15/1978, § 1;
by Ord. 1983-2, 5/16/1983, §§ 1-3, 5; by Ord. 1984-9,
5/17/1984, § 1; by Ord. 1987-5, 5/18/1987; by Ord. 1987-12;
by Ord. 1991-3, 2/18/1991, § 1; by Ord. 1999-5, 5/17/1999,
§ 1; by Ord. 1999-9, 6/28/1999, § 1; by Ord. 1999-10,
6/28/1999, § 1; by Ord. 2000-5, 6/26/2000, § 1;
by Ord. 2001-6, 5/21/2001, § 1; by Ord. 2001-15, 12/17/2001,
§ 1; by Ord. 2002-13, 12/16/2002, § 1; by Ord.
2003-5, 3/17/2003, § 1; by Ord. 2003-7, 8/18/2003, § 1;
by Ord. 2005-3, 3/3/2005, § 1; by Ord. 2010-2, 3/15/2010,
§ 1; by Ord. 2010-10, 9/20/2010; and by Ord. 2015-5, 3/16/2015]
See "building, accessory" and/or "use, accessory."
A vehicular travel lane, such as a driveway, shared driveway
or aisle in an off-street parking area, which is interconnected to
adjoining streets and/or alleys.
See § 406, Subsection 29.1.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
Any man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
[Amended by Ord. 2015-12, 8/17/2015]
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
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LOT AREA — The area contained within the property lines
of the individual parcels of land shown on a subdivision plan, excluding
any area within an existing street right-of-way, and including the
area of any easement
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BUILDING AREA — The total of areas taken on a horizontal
plane at the main grade level of the principal building and all accessory
buildings, exclusive of uncovered porches, terraces, and steps.
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FLOOR AREA — The sum of the areas of the several floors
of building structure, including areas used for human occupancy and
basements, attics, and penthouses, as measured from the exterior faces
of the walls. It does not include cellars, unenclosed porches, attics
not used for human occupancy, or any floor space in accessory building
or in the main building intended and designed for the parking of motor
vehicles in order to meet the parking requirements of this chapter,
or any such floor space intended and designed for accessory heating
and ventilating equipment
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A building or part of a building used for the transmission
and exchange of telephone or radio-telephone messages; provided that,
in residential districts, such use shall not include the transaction
of business with the public, storage of materials trucks or repair
facilities, or housing of repair crews.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent annual chance flood").
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH and A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
[Amended by Ord. 2017-3, 3/20/2017]
A story partly underground and having more than 1/2 of its height
(measured from floor to ceiling) above the grade plane. A basement
shall be counted as a story above grade plane for the purpose of height
measurement or determining square footage when the basement is used
for business or dwelling purposes or when the finished surface of
the floor above the basement is:
For purposes of Part 12 of this chapter, "basement" means any area of the building having its floor below the grade plane on all sides.
Any body granted jurisdiction under a land use ordinance
or under the Pennsylvania Municipalities Planning Code to render final
adjudications.
A structure having a roof, which is used for the shelter
or enclosure of persons, animals, or property. The word "building"
shall include any part thereof.
A subordinate building located on the same lot as a principal
building and clearly incidental and subordinate to the principal building.
Any portion of a principal building devoted or intended to be devoted
to an accessory use is not an accessory building.
A building in which is conducted, or is intended to be conducted,
the principal use of the lot on which it is located.
That percentage of the lot area covered by the building area.
A vertical distance measured from the grade plane of the
building to the highest point of the roof for flat roofs, to the decklines
of mansard roofs and to the mean height between eaves and ridge for
gable, hip and gambrel roofs.
The rear line of the minimum front yards, as herein designed
for each district, measured from the street line.
A story partly underground and having more than 1/2 of its
height (measured from floor to ceiling) below the grade plane. A cellar
shall not be considered in determining the permissible number of stories
or square footage, nor shall it be used for human habitation. A cellar
shall be considered a basement and counted as a story above grade
plane for the purpose of height measurement or determining square
footage when the basement is used for business or dwelling purposes
or when the finished surface of the floor above the basement is:
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or utility pole or light pole.
[Added by Ord. 2015-12, 8/17/2015]
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.[1]
A 1998 booklet for the Borough of Doylestown which depicts
appropriate and inappropriate features pertaining to: building orientation
and siting; scale and massing of buildings; roofs and walls; storefronts;
signage; landscaping; streetscape improvements; and parking lots.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A use permitted in a particular zoning district pursuant
to the provisions of Article VI of the Pennsylvania Municipalities
Planning Code and this chapter.[2]
Development that reflects the traditional placement of buildings
close to sidewalks, parking lots primarily to the rear of buildings,
and on-street parking to the maximum extent possible.
[Added by Ord. No. 2021-5, 4/19/2021]
A small commercial building that is typically located on
the corner of two intersecting streets, which is less than 1,500 square
feet in gross floor area, but typically in the range of 600 to 800
square feet, in which the sale of retail items is offered for the
convenience of the neighborhood. The corner store shall be located
within the interior of a traditional neighborhood and shall not be
located on an existing perimeter street or road frontage. The corner
store typically serves persons within a ten-minute walk of the facility.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or the Pennsylvania Municipalities Planning
Code to do so, either by reason of the grant of exclusive jurisdiction
or by reason of appeals from determinations. All decisions shall be
appealable to the Court of Common Pleas of the county and judicial
district wherein the Borough lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate, including, but not limited to, a building or other structure, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, and the subdivision of land. For purposes of Part 12 of this chapter, "development" also includes storage of any equipment and materials.
[Amended by Ord. 2017-3, 3/20/2017]
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in the Pennsylvania Municipalities
Planning Code, shall mean the written and graphic materials referred
to in this definition.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added by Ord. 2015-12, 8/17/2015]
A building occupied by and maintained exclusively for faculty,
students or other such persons affiliated with a school, church, recreational
or educational facility or other recognized institution, and when
regulated by such institution.
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DWELLING — A building containing one or more dwelling
units.
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DWELLING UNIT — Any room or group of rooms located within
a residential building and forming a single habitable unit with facilities
which are used or intended to be used for living, sleeping, cooking
and eating by one family.
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MULTIFAMILY DWELLING — A dwelling not otherwise defined
in this § 202 having one or more than one dwelling unit from
ground to roof and having a total of three or more dwelling units
which are completely separated by party walls but share or have independent
outside access.
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SINGLE-FAMILY DETACHED DWELLING — A dwelling having only
one dwelling unit from ground to roof, independent outside access
and open space on all sides.
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SINGLE-FAMILY ATTACHED DWELLING — A dwelling having only
one dwelling unit from ground to roof, independent outside access,
and, except for end units, two or more walls in common with adjoining
dwellings, which dwelling is part of a group of not fewer than three
dwelling units.
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SINGLE-FAMILY SEMIDETACHED DWELLING — A dwelling having
only one dwelling unit from ground to roof, independent outside access
and not more than one wall in common with an adjoining dwelling.
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TWO-FAMILY DUPLEX DWELLING — A dwelling having no more
than two dwelling units from ground to roof, independent outside access
and open space on all sides.
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An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the need of the general public.
A condition that:
[Added by Ord. 2015-12, 8/17/2015]
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
For purposes of Part 12 of this chapter, "existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the Borough.
[Added by Ord. 2017-3, 3/20/2017]
For purposes of Part 12 of this chapter, "expansion to existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
[Added by Ord. 2017-3, 3/20/2017]
The Federal Aviation Administration.
One or more persons residing together in a single nonprofit
dwelling unit, whether or not related by blood or marriage, who share
an essential commonality of purpose limited to traditional residential
use of the dwelling unit and such other uses related to the occupancy
thereof by persons who suffer from a "handicap" as that term is defined
in § 3602(h) of the Fair Housing Act [42 U.S.C. § 3602(h)]
and are protected as such from discrimination under the provisions
of § 3604 thereof [42 U.S.C. § 3604], and uses
accessory thereto, and no other, with single common kitchen and dining
facilities and shared access to all areas of the dwelling unit except
for sleeping areas and where there is no allocation of space or spaces
between or among occupants of the dwelling unit or uses therein by
means of leases or other formal agreements. The word "family," as
used herein, shall not include roomers, boarders or lodgers, members
of group homes [except those protected as suffering from a "handicap"
under the provisions §§ 3602(h) and 3604 of the Fair
Housing Act] or any use otherwise defined, described or regulated
in this chapter.
The Federal Communications Commission.
[Amended by Ord. 2015-12, 8/17/2015]
A man-made barrier erected for purposes including, but not
limited to, enclosure, exclusion, protection, privacy, screening,
security, retainment and aesthetics, and located at the perimeter
of or within the required yards of private property. This definition
shall include the term "wall" as it is commonly used.
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TEMPORARY FENCE — A fence having an anticipated use which
will not exceed six months.
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LIVING FENCE — Any fence or hedge composed of live materials.
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A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway, where
one-hundred-year-flood elevations have been determined in the Flood
Insurance Study.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation;
an area subject to the unusual and rapid accumulation or runoff of
surface waters from any source.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finish ground
level slopes away from the exterior walls, the reference plane shall
be established by the lowest points within the area between the building
and the lot line or, where the lot line is more than six feet from
the building, between the building and a point six feet from the building.
The open space in a traditional neighborhood, and in the
Broad Street Corridor Overlay District, consisting of open space,
as defined in § 525, to be used for active or passive recreation,
community gardens or resource protection, all of which shall be deed
restricted against future development, and subject to landscaping
in accordance with a landscape plan that complies with the Borough's
Landscape Design Standards as determined by Borough Council. Green
space areas shall be usable, easily identifiable and freely accessible
to all residents and inhabitants of a traditional neighborhood, and
the Broad Street Corridor Overlay District.
[Amended by Ord. No. 2021-5, 4/19/2021]
The total number of dwelling units divided by the total number
of acres in the tract, including any land occupied or proposed to
be occupied by buildings, roads or road rights-of-way, required walkways,
access ways or service areas, individual lot areas of semidetached
dwelling units, yards or parking areas. Dedicated public open space,
or private open space, including open space used as hereinafter required
for buffering between different residential districts, shall not be
excluded in computing gross density under this section.
A community living arrangement whereby two or more persons
reside together in a single nonprofit dwelling unit, whether or not
related by blood or marriage, and share an essential commonality of
purpose in addition to traditional residential use of the dwelling
unit and uses accessory thereto, including, but not limited to, such
other uses related to the occupancy thereof by persons who suffer
from a "handicap" as that term is defined in § 3602(h) of
the Fair Housing Act [42 U.S.C. § 3602(h)] and are protected
as such from discrimination under the provisions of § 3604
thereof [42 U.S.C. § 3604], with or without support staff
and whether or not licensed by any governmental authority, with single
common kitchen and dining facilities and whether or not space or spaces
are allocated between or among occupants of the dwelling unit or uses
therein. The phrase "group home," as used herein, shall not include
roomers, boarders or lodgers, members of a family [except those protected
as suffering from a "handicap" under the provisions §§ 3602(h)
and 3604 of the Fair Housing Act] or any use otherwise defined, described
or regulated in this Chapter.
An administrative proceeding conducted by a board pursuant
to Section 909.1 of the Pennsylvania Municipalities Planning Code.[3]
When referring to a tower or alternative tower structure,
the distance measured from the finished grade of the lot upon which
it is situate to the highest point on the tower or alternative tower
structure, including the base pad and any antenna.
The pedestrian scale and proportion of the streetscape, the
space between buildings and green space that provides the Borough
of Doylestown with a distinct form and structure as depicted in the
Community Design Guidelines.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminary
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminary determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminary determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
This term is an umbrella term that includes all of the areas
within which the Borough has selected to enforce floodplain regulations.
It will always include the area identified as the special flood hazard
area on the Flood Insurance Rate Maps and Flood Insurance Study but
may include additional areas identified by the Borough. See § 1204,
Subsections 1 and 2, for the specifics on what areas the Borough has
included in the identified floodplain area.
[Amended by Ord. 2017-3, 3/20/2017]
Those surfaces which do not absorb rain. All buildings, parking
areas, driveways, roads, sidewalks and any areas in concrete, asphalt
and packed stone shall be considered impervious surfaces within this
definition. In addition, all other areas as may be determined hereafter
by the Borough Engineer to be impervious within the meaning of this
definition will also be classified as "impervious surfaces."
A government owned or controlled facility which operates
as a courthouse and which provides accommodations and supporting facilities
and services for judicial functions of county, State or Federal governments
and other related governmental functions which may include, but not
be limited to, courtrooms, conference rooms, judicial chambers and
offices, detention and holding facilities, offices of the Clerk of
the Court of Common Pleas of the District and the administrative staff
of the Court, as well as the offices of the Prothonotary, Clerk of
Courts, and Clerk of Orphans Court Division, the District Court Administrator,
the County Law Library, the offices of Jury Commissioners, Register
of Wills, Sheriff, District Attorney and Public Defender, and such
other functions, agencies and units of or related to the unified judicial
system as may be designated in accordance with law, within an integrated
development of buildings and structures, and which shall emulate the
traditional building design, height, bulk, and area found in the office
district of the Borough of Doylestown and as documented in the Community
Design Guidelines of the Borough of Doylestown, 1998.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The following forms of development are hereby excluded from
the definition of land development as above set forth pursuant to
the provisions of 53 P.S. § 10503(1.1):
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
Any ordinance or map adopted pursuant to the authority granted
in Articles IV, V, VI and VII of the Pennsylvania Municipalities Planning
Code.[4]
A dwelling unit in combination with a place of business within
the same building, whereby the resident occupant lives above the shop,
studio or other place of employment that is located below on the ground
floor of the building. Live-work units as provided in § 406,
Subsection 4.1, hereof, is a form of the use dwelling in combination
as otherwise provided for herein.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
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LOT LINE — Any boundary line of a lot, including a public
right-of-way line.
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LOT LINE, REAR — Any lot line which is parallel to or
within 45° of being parallel to a right-of-way, except for a lot
line that is itself a legal right-of-way line; and except that in
the case of a corner lot, the owner shall have the option of choosing
which of the two lot lines that are not legal right-of-way lines is
to be considered a rear lot line. In the case of a lot having no right-of-way
frontage or a lot of an odd shape, only the one lot line furthest
from any legal right-of-way shall considered a rear lot line.
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LOT LINE, SIDE — Any lot line which is not a legal right-of-way
line or a rear lot line.
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STREET LINE — See "street line."
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SAMPLE LOT CONFIGURATIONS — Letters correspond to above
definitions.
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The lowest floor of the lowest fully enclosed area (including
basement). An unfurnished, flood-resistant, partially enclosed area,
used solely for parking of vehicles, building access and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designated for use with or
without a permanent foundation when connected to the required utilities.
For floodplain management purposes, the term "manufactured home" also
includes a mobile home or parked trailer, travel trailer or similar
vehicle placed on a site for grater than 180 consecutive days. For
issuance purposes, the term "manufactured home" does not include parked
trailers, travel trailers and other similar vehicles.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more manufactured
homes or mobile homes.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.[5]
A transportable, single-family dwelling 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 so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added by Ord. 2015-12, 8/17/2015]
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Borough of
Doylestown.
Structures for which the start of construction commenced on or after the effective date of this chapter. For purposes of Part 12 of this chapter, "new construction" means structures for which the start of construction commenced on or after March 16, 2015 (the effective date of Part 12 this chapter), and includes any subsequent improvements thereto. Any construction started after June 1, 1984, and before March 16, 2015, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
[Amended by Ord. 2017-3, 3/20/2017]
For purposes of Part 12 of this chapter, "new manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Borough.
[Added by Ord. 2017-3, 3/20/2017]
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.
See § 901.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas and related equipment.
[Added by Ord. 2015-12, 8/17/2015]
See § 406, Subsection 20.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year.)
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
Flood Insurance Rate Map (FIRM) dated June 1, 1984, whichever is later,
and, as such, would be required to be compliant with the regulations
of the National Flood Insurance Program.
Any tower or antenna for which a zoning and building permit
has been properly issued prior to the effective date hereof.
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial Flood Insurance Rate Map (FIRM) dated June 1, 1984, whichever
is later, and, as such, would not be required to be compliant with
the regulations of the National Flood Insurance Program.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Pennsylvania Municipalities
Planning Code.[6]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[7]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough of Doylestown.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing. The
first publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
See "building, principal" and/or "use, principal."
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
The base flood elevation (BFE) or estimated flood height
as determined using simplified methods plus a freeboard safety factor
of 1 1/2 feet.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
The surface of and space above and below any real property
in the Borough in which the Borough, county or commonwealth has a
regulatory interest, or interest as a trustee for the public, as such
interests now or hereafter exist, including, but not limited to, all
streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts,
bridges, skyways, or any other public place, area or property under
the control of the Borough, county or commonwealth, and any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the Borough, county or commonwealth. The phrase
"in the right(s)-of-way" means in, on, over, along, above and/or under
the right(s)-of-way. The phrase "existing right-of-way" is the legal
right-of-way as established by the commonwealth or other appropriate
governing authority and which is currently in existence. The phrase
"future right-of-way" is the right-of-way deemed necessary to provide
adequate width for future street improvements.
[Amended by Ord. 2015-12, 8/17/2015]
A person occupying any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes, and paying compensation for
lodging or board and lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than a week at a time shall be classified for purposes of this
chapter not as a roomer, boarder or lodger but as a guest of a commercial
lodging establishment (motel, hotel, tourist home).
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PRIVATE SEWER — An on-lot septic tank disposal system
generally providing for disposal of effluent for only one building
or a group of buildings on a single lot.
| |
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PUBLIC SEWER — Any municipal or privately owned sewer
system in which sewage is collected from buildings and piped to an
approved sewage disposal plant or central septic tank disposal system.
It may also be referred to as "off-lot" or "off-site" sewer. This
shall include capped sewers when installed to Borough specifications.
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See §§ 701 to 703.
A tract parcel or parcels of land, held in single or joint
ownership, containing one or more lots shown on a land development
or subdivision plan.
The area of the site, excluding any area within an existing
street right-of-way, and including the area of any easements.
Any device, structure or electronics that convert solar energy
into electrical energy, heat water or produce hot air or similar function
through the use of solar panels. The primary function of solar energy
equipment is to reduce on-site consumption of energy produced by a
public/private utility company.
A device containing one or more receptive cells equal to
or greater than two square feet, the purpose of which is to convert
solar energy into electrical or thermal energy.
A use permitted in a particular zoning district pursuant
to the provisions of Articles VI and IX of the Pennsylvania Municipalities
Planning Code and this chapter.[8]
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or AH.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks/subdivisions and substantial
improvements to such existing parks, when such development is located
in all, or a designated portion of, a floodplain.
For the purposes of Part 12 of this chapter, start of construction includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit, unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, flagpoles and light poles.
[Added by Ord. 2015-12, 8/17/2015]
A structure enclosed on all sides with roof, not to exceed
eight feet in height and 100 square feet in area, for the storage
of lawn, garden and swimming pool equipment.
That part of a building located between a floor and the floor
or roof next above. The first story of a building is the lowest story
having 75% or more of its wall area above grade level. A "half-story"
is a story under a gable, hip or gambrel roof, the wall plates of
which on at least two opposite exterior walls are not more than two
feet above such story.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that where
a future right-of-way width for a road or street has been established,
then that width shall determine the location of the street line.
The space formed by buildings located close to the street,
which is embellished with street trees and sidewalks, and accentuated
with front porches, low fences and other appointments that are emblematic
of a traditional neighborhood such as street lamps, curbs and on-street
parking. The streetscape is framed by buildings which help create
the "outdoor room" type of character typical of a traditional neighborhood
setting.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Driveways, parking areas and mechanical equipment such as air
conditioners, compressors, generators, electrical transformers not
owned by a public utility, aboveground fuel tanks, shipping containers
or truck trailers not licensed or inspected for over the road use
and used for stationary storage shall be included in the definition
of "structure."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new streets or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
For purposes of Part 12 of this chapter, any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued historic structure designation.
[Added by Ord. 2015-12, 8/17/2015]
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Any business operation which engages in the retail sale,
use and/or consumption of alcoholic beverages, including but not limited
to liquor, wine, malt or brewed beverages, on the business premises,
and which is conducted pursuant to a license from the Pennsylvania
Liquor Control Board. The word "tavern," as used herein shall not
include a beer distributor operation conducted pursuant to a license
from the Pennsylvania Liquor Control Board.
Any structure, other than a building, that is designed and
constructed primarily for the purpose of supporting one or more antennas
and includes self-supporting lattice towers, guyed towers, monopole
towers and alternative tower structures, including the base pad and
any support thereto.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added by Ord. 2015-12, 8/17/2015]
A compact place consisting of residential and nonresidential
land use, linked by an interconnected network of streets, alleys and
sidewalks and accentuated by green spaces, buildings placed close
to the street, on-street parking and varied block lengths, all of
which emulate the pattern of streets, alleys, blocks and lots typically
found in the CR District and parts of the downtown of the Borough
of Doylestown.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a pattern of interconnecting streets and blocks that provides
multiple routes from origins to destinations and are appropriately
designed to serve the needs of pedestrians and vehicles equally.
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses having a body width not exceeding eight feet and a
body length not exceeding 32 feet.
For purposes of Part 12 of this chapter, "UCC" means the statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities, whether administered by the Borough, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable to state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
[Added by Ord. 2017-3, 3/20/2017]
Any business operation, not conducted pursuant to a license from the Pennsylvania Liquor Control Board, which does not engage in the retail sale of alcoholic beverages but does facilitate the use or consumption of alcoholic beverages privately owned by the patrons thereof, including but not limited to liquor, wine, malt or brewed beverages, on the business premises. The phrase "unlicensed liquor establishment," as used herein, shall not include a sit-down restaurant (Use 33) conducted as a principal use under Part 4, § 406, Subsection 33, of this chapter.
Any activity, occupation, business or operation carried on,
or intended to be carried on, in a building or other structure or
on a tract of land.
A use located on the same lot with a principal use, and clearly
incidental or subordinate to, and customary in connection with, the
principal use.
The main use on a lot.
The gross development area in the R-2A Residential 2-A Zoning
District, not including any portion thereof which is unusable either
because of periodic flooding or for any other reason; provided, however,
that the gross development area may include such unusable areas up
to 5% of the entire site before excluding such portions in the computation
of gross density.
Relief granted pursuant to the provisions of Articles VI
and IX of the Pennsylvania Municipalities Planning Code.[9]
For purposes of Part 12 of this chapter, the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
The Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added by Ord. 2015-12, 8/17/2015]
Any device, structure or electronics that converts wind energy
into electrical energy through the use of a wind turbine. Wind energy
equipment is intended to primarily reduce on-site consumption of energy
produced by a public/private utility company.
A device that converts wind energy into electricity through
the use of a generator and includes the nacelle, rotor, tower, and
base. A wind turbine is occasionally more commonly referred to as
a "windmill" or "wind generator."
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added by Ord. 2015-12, 8/17/2015]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Amended by Ord. 2015-12, 8/17/2015]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
ROW or other Borough-owned land or property.
[Added by Ord. 2015-12, 8/17/2015]
A freestanding structure, such as a tower-based wireless
communications facility, or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Borough.
[Added by Ord. 2015-12, 8/17/2015]
An open space unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of a required yard shall be measured
as the shortest distance between the structure and a lot line or street
line.
A yard between a structure and a street line and extending
the entire length of the street line. In the case of a corner lot,
the yards extending along all streets are front yards. In the case
of a lot other than a corner lot that fronts on more than one street,
the yards extending along all streets are front yards.
A yard between a structure and a rear lot line and extending
the entire length of the rear lot line.
A yard between a structure and a side lot line, extending
from the front yard to the rear yard. In the case of a lot having
no street frontage or a lot of odd shape, any yard that is not a front
yard or a rear yard shall be considered a side yard.
[1]
Editor's Note: The definition of "communications equipment
building," which immediately followed this definition, was repealed
8/17/2015 by Ord. 2015-12.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 53 P.S. § 10909.1.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor’s Note: The definition of “minor repair,”
which immediately followed this definition, was repealed 3/20/2017
by Ord. 2017-3.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 65 P.S. § 271 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
