Borough of Penndel, PA Use Regulations

TABLE OF USE REGULATIONS
(To be used in conjunction with detailed descriptions in the remainder of this chapter.)
Note: Refer to § 405-14 for an explanation of the symbols.
Use		R-1	R-2	R-3	P	RC	SC	I	OR	MB	TOD
1	Single-family detached	P	P	P	P	N	N	N	N	—	N
2	Single-family detached-lot line	N	N	P	N	N	N	N	N	—	N
3	Single-family attached or duplex [Amended 8-4-1986 by Ord. No. 86-4]	N	N	P	N	N	N	N	N	—	N
4	Patio house	N	N	P	N	N	N	N	N	—	N
5	Multiplex	N	N	P	N	N	N	N	N	—	N
6	Atrium house	N	N	P	N	N	N	N	N	—	N
7	Townhouse	N	N	P	N	N	N	N	N	—	N
8	Garden apartments	N	N	P	N	N	N	N	N	—	N
9	Conversion	S	S	S	S	N	N	N	N	—	N
10	Cluster development	N	N	P	N	N	N	N	N	—	N
11	Rooming house	N	N	N	N	P	P	N	N	—	N
12	Dwelling in combination	N	N	N	P	P	P	N	N	—	P
13	Religious use	P	P	P	P	N	N	N	N	—	N
14	School	P	P	P	P	N	N	N	N	—	N
15	Cultural facility	N	P	P	P	P	P	N	N	—	P
16	Auditorium, community centers, etc.	N	N	P	P	P	P	N	N	—	P
17	Day nursery, nursery school, etc.	N	S	S	S	N	N	N	N	—	P
18	Recreation facility, governmental	P	P	P	P	P	P	P	P	—	N
19	Recreation facility, nongovernmental	N	N	S	S	P	P	S	S	—	N
20	Private club or lodge	N	N	S	S	P	P	N	N	—	N
21	Nursing home	N	S	S	N	N	S	N	N	—	P
22	Hospital	S	S	S	N	N	N	N	N	—	N
23	Medical center	N	N	S	S	N	N	N	N	—	N
23.1	Sober living facility. [Added 4-15-2019 by Ord. No. 2019-1]	N	N	N	S	S	S	N	N	N	N
24	Professional service	N	N	S	P	P	P	N	N	—	P
25	Business services, nongovernmental	N	N	N	P	P	P	N	N	—	P
26	Business services, governmental	N	N	N	P	P	P	S	N	—	P
27	Health services	N	N	N	P	P	P	N	N	—	P
28	Veterinary services, kennels, stables	N	N	N	N	N	S	S	N	—	P
29	Trade or professional school, etc.	N	N	N	N	P	P	N	N	—	P
30	Retail shop	N	N	N	N	P	S	N	N	—	P
30.1	Retail shop - limited [Added 5-14-2002 by Ord. No. 2002-2]	N	N	N	N	S	S	N	N	—	—
30.1.1	Medical marijuana dispensary [Added 4-15-2019 by Ord. No. 2019-2]	N	N	N	N	S	S	N	N	S	N
31	Bulk commercial	N	N	N	N	N	P	P	N	—	N
32	Personal service	N	N	N	N	P	P	N	N	—	P
33	Repair service	N	N	N	N	P	P	N	N	—	P
34	Eating place, sit-down	N	N	N	P	P	P	P	N	—	P*
35	Eating place, drive-in/take-out	N	N	N	N	P	P	P	N	—	N
36	Mortuary or funeral home	N	N	S	S	N	P	N	N	—	N
37	Public entertainment facility	N	N	N	N	P	S	N	N	—	N
38	Motel, hotel, tourist home	N	N	N	N	P	P	N	N	—	P**
39	Parking area or garage	N	N	N	N	P	P	P	N	—	CU
40	Gasoline service station	N	N	N	N	N	P	N	N	—	N
41	Repair garage	N	N	N	N	N	P	N	N	—	N
42	Sale of auto accessories	N	N	N	N	P	P	N	N	—	N
43	Bus or taxicab terminal	N	N	N	N	S	P	N	N	—	N
44	School bus yard	N	N	N	N	N	P	P	N	—	N
45	Truck terminal	N	N	N	N	N	P	P	N	—	N
46	Railroad station, railway service	N	N	N	N	N	N	P	N	—	P
47	Communication facility	N	N	N	P	P	N	P	N	—	N
47(A)	Cellular telecommunications facility [Added 1-5-2004 by Ord. No. 2004-1]	P	P	P	P	P	P	P	P	P	N
48	Supply utility	N	N	N	N	S	S	S	N	—	N
49	Petroleum product and gas substation	N	N	N	N	N	S	S	N	—	N
50	Sanitary utility	P	P	P	P	P	P	P	N	—	N
51	Fire station	S	S	S	P	P	P	P	N	—	N
52	Fire signal	P	P	P	P	P	P	P	P	—	P
53	Wholesale business and storage	N	N	N	N	P	P	P	N	—	N
54	Warehousing	N	N	N	N	N	N	P	N	—	N
55	Manufacturing	N	N	N	N	N	N	P	N	—	N
55.1	Medical marijuana grower/processor [Added 4-15-2019 by Ord. No. 2019-2]	N	N	N	N	N	N	S	N	N	N
56	Laboratory for research	N	N	N	N	N	N	P	N	—	N
57	Contractor's office and storage	N	N	N	N	N	S	P	N	—	N
58	No-impact home-based business [Amended 5-7-2012 by Ord. No. 2012-4]	P	P	P	P	P	P	P	N	—	N
59	Residential accessory	P	P	P	P	P	P	P	N	—	N
60	Temporary structure or use	P	P	P	P	P	P	P	P	—	N
61	Accessory building	N	N	N	N	P	P	P	N	—	N
62	Outside storage	N	N	N	N	N	P	P	N	—	N
63	Outside display	N	N	N	N	S	S	N	N	—	N
64	Travel trailer storage	P	P	P	P	P	P	P	P	—	N
65	Off-street parking	P	P	P	P	P	P	P	P	—	N
66	Sign	P	P	P	P	P	P	P	P	—	N
67	Adult entertainment establishment [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
68	Adult bookstore [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
69	Adult motion-picture theater [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
70	Adult mini motion-picture theater [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
71	Massage parlor [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
72	Bathhouse [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
73	Modeling studio [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
74	Artist body-painting studio [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
75	Cabaret [Added 10-2-1978 by Ord. No. 78-4]	N	N	N	N	N	N	N	N	P	N
76	Arcade [Added 2-7-1983 by Ord. No. 83-4]	N	N	N	N	N	N	N	N	P	N
77	Brewery, winery or distillery [Added 6-15-2020 by Ord. No. 2020-1[1]]	N	N	N	N	N	N	N	N	N	P
78	Market [Added 6-15-2020 by Ord. No. 2020-1]	N	N	N	N	N	N	N	N	N	P
79	Accessory outdoor eating/drinking area [Added 6-15-2020 by Ord. No. 2020-1]	N	N	N	N	N	N	N	N	N	CU
80	Accessory brewing [Added 6-15-2020 by Ord. No. 2020-1]	N	N	N	N	N	N	N	N	N	CU
81	Cultural and entertainment [Added 6-15-2020 by Ord. No. 2020-1]	N	N	N	N	N	N	N	N	N	CU
	* Use 34 shall be a permitted use in the TOD Overlay District when part of a mixed-use development.
	** As permitted by Use 38.

Residential uses. The following regulations shall apply to residential uses within the Borough of Penndel.

(1)

Use 1. Single-family detached dwelling.

(2)

Use 2. Single-family detached lot line. In R-3 Districts such dwellings may be part of a cluster development as provided in Use 10, § 405-18A(10), and Article VI, Performance Standards. The building is set on one of the side property lines. An easement for maintenance on the adjoining lot is one of the requirements for this type of construction. Windows are not permitted on the lot line side of a dwelling.

(3)

Use 3. Single-family attached dwelling or duplex. In R-3 Districts such dwellings may be part of a cluster development as provided in Use 10, § 405-18A(10), and Article VI, Performance Standards.

(4)

Use 4. Patio house, provided that in R-3 Districts such dwellings must be part of a cluster development as provided in Use 10, § 405-18A(10), and § 405-32, Residential performance standard subdivision.

(5)

Use 5. Multiplex, provided that in R-3 Districts such dwellings must be part of a cluster development as provided in Use 10, § 405-18A(10), and § 405-32, Residential performance standard subdivision.

(6)

Use 6. Atrium house, provided that in R-3 Districts such dwellings must be part of a cluster development as provided in Use 10, § 405-18A(10), and Article VI, Performance Standards.

(7)

Use 7. Townhouse. In R-3 Districts such dwellings may be part of a cluster development as provided in Use 10, § 405-18A(10), and Article VI, Performance Standards. Design standards for townhouses are as follows:

(a)

Each townhouse dwelling unit shall incorporate varied designs, architectural modes and setbacks and shall contain not less than three nor more than eight dwelling units joined by a common wall.

(b)

An overall structure of attached dwelling units shall not be permitted with one common roofline or with equal front yard setbacks for all dwelling units. Similarly, the appearance of the front of the buildings shall have a distinction between dwelling units by varying the unit width or height, providing different exterior materials on the facade or changing the rooflines. Setbacks shall vary from one dwelling to the next so that each is offset from the adjoining unit by a minimum of two feet.

(c)

Existing natural features such as clusters of trees, brooks, streams or drainage channels shall be retained wherever practicable. These features shall be identified and contained on the topographical map submitted with the preliminary plan of the townhouse development.

(d)

Parking.

[1]

Design of parking areas shall conform to the requirements of Article VII of the Borough of Penndel Zoning Ordinance.

[2]

Off-street parking spaces shall not contain direct access to public streets but shall be provided with access drives which shall be maintained clear of parked vehicles. Parking space shall be provided on or within the same complex or compound with the townhouse dwelling units to be served.

(e)

A twenty-five-foot buffer yard shall be required around all boundaries of the site. This buffer shall meet the requirements of the Borough of Penndel Zoning Ordinance.

(8)

Use 8. Garden apartments, provided that in R-3 Districts such dwellings must be part of a cluster development as provided in Use 10, § 405-18A(10), and § 405-32, Residential performance standard subdivision.

(a)

Building standards. Maximum building size shall be restricted to no more than eight family units in any one continuous structure, and there shall not be more than four family units in any unbroken apartment structure line. A setback of more than 10 feet shall be considered as an acceptable break in the apartment structure line. No more than two floors or levels may be used for dwelling units or living quarters in any building. Each apartment will have a separate outside entrance.

(b)

Landscaping. Where side or rear lot lines of a multifamily dwelling development abut a residential district, an evergreen planting shall be provided along said side or rear lot lines. Maintenance of plant material shall be a continuing obligation of the owner of the property.

(c)

Building orientation. Minimum horizontal distance between facing walls of any two buildings on one lot or any one building with facing walls:

[1]

Where two facing walls contain a window or windows, there shall be three feet of horizontal distance for each foot of average height of the facing wall of the building with the greatest height, but in no case less than 60 feet horizontally.

[2]

Between two facing walls only one of which contains a window or windows, there shall be one foot of horizontal distance for each foot of average height of the facing wall of the building with greatest height, but in no case less than 25 feet.

[3]

Between facing walls neither of which contains a window or windows, there shall be 15 feet.

[4]

There shall be 15 feet between corners of two buildings where no exterior wall of one building lies in such a way that it can be intersected by a line drawn perpendicular to any exterior wall of other buildings, other than a line that results from collinear walls.

(d)

Off-street parking design requirements.

[1]

All off-street parking lots and their access drives shall be at least 20 feet from any principal building on the lot.

[2]

No one area for off-street parking of motor vehicles shall exceed 30 automobiles in capacity. Separate parking areas on a lot shall be physically separated from one another by eight-foot planting strips.

[3]

The provisions of § 405-18A(8)(d)[1] and [2] shall not apply if off-street parking is provided within the principal buildings on a lot or underground.

(9)

Use 9. Conversion. Conversion of an existing building to a greater number of dwelling units, subject to the following provisions:

(a)

Table of Dimensional Requirements.

	Minimum Unit Size (square feet)	Lot Area Per Dwelling Unit		Parking Spaces (per dwelling unit)
		Type of District
		Residential (square feet)	Other (square feet)
Efficiency	300	4,500	1,500	1.25
One-bedroom	400	6,000	2,000	1.75
Two-bedroom	500	7,500	2,500	2.00
Three-bedroom	600	9,000	3,000	2.00
Four-bedroom	700	11,500	3,500	2.25

(b)

The Zoning Hearing Board shall have the power to reduce the lot area per dwelling unit to not less than 4,000 square feet in the residential districts, if this reduction does not allow more than two units in a structure.

(c)

The average size of the dwelling units in the converted structure shall not be less than 700 square feet in the residential districts and 600 square feet in all other districts.

(d)

Stairways leading to the second or any higher floor shall be located within the walls of the building, wherever practical, and stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall and in no case on a front wall or side wall facing a street.

(e)

Except as may be necessary for purposes of safety in accordance with the preceding Subsection A(9)(d), there shall be no major structural change in the exterior of the building in connection with the conversion, and after conversion the building shall retain substantially the same structural appearance it had before such conversion.

(10)

Use 10. Cluster development. Planned development of single-family detached, semidetached or attached dwellings on lots with modified dimensional requirements. Such developments are subject to the following provisions:

(a)

Detached, semidetached or attached single-family dwellings are permitted uses in the district in which such development is proposed.

(b)

An amount of land shall be set aside as permanent usable open space as defined in § 405-5. Such open space shall:

[1]

Either be dedicated to the Borough, if acceptable to it, or be maintained by a homeowners' association. A homeowners' association must comply with the provisions of Section 705(f) of the Pennsylvania Municipalities Planning Code (Act 247 of 1968).[2]

[2]

Editor's Note: See 53 P.S. § 10705(f).

[2]

Be suitable for use as a park, playground, pedestrian accessway, school or other similar public purpose, or because of its topography, vegetation or other natural character be left open with no particular use assigned to it.

[3]

Be suitable for the construction of single-family homes under normal subdivision procedures. If a portion of such development is unusable, either because of periodic flooding or for any other reason, then the portion of such development declared to be unusable shall be excluded from any calculation for permissible density and usable open space.

[4]

Comprise at least 25% of the total development.

(c)

The minimum lot area required in R-3 Districts is four acres.

(d)

Refer to § 405-32 for residential performance standard subdivision regulations.

(e)

The maximum density shall be five units per acre.

(11)

Use 11. Rooming house. A building or part of a building occupied or intended to be occupied by two or more roomers, boarders or lodgers, providing the minimum lot area per sleeping room shall be 1,000 square feet, notwithstanding other provisions of this chapter.

(12)

Use 12. Dwelling in combination with an existing or permitted office or commercial use, providing the lot and parking requirements are met for both uses.

Institutional, recreational and educational uses. The following regulations shall apply to institutional, recreational and educational uses within the Borough of Penndel:

(1)

Use 13. Religious use, including churches, synagogues, religious foundations or societies, plus associated convents, parish houses and other housing for religious personnel, subject to the following provisions:

(a)

Minimum lot size shall be not less than one acre.

(b)

Maximum height restrictions shall not apply to church or synagogue buildings.

(c)

There shall be direct access to an arterial or collector highway or primary access street.

(2)

Use 14. School, including religious and nonsectarian, denominational private or public school, not conducted as a private gainful business, subject to the following provisions.

(a)

Minimum lot size shall be not less than two acres.

(b)

There shall be direct access to an arterial or collector highway or primary access street.

(3)

Use 15. Cultural facility, including art galleries, libraries or museums, open to the public or connected with a permitted educational use, and not conducted as a private gainful business.

(4)

Use 16. Auditorium, community center, adult education center or other similar facility operated by an educational, philanthropic or religious institution, subject to the following provisions:

(a)

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

(b)

No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.

(5)

Use 17. Day nursery, nursery school, kindergarten or other agency operated as an enterprise giving day care to more than three children who are not related to the operator of the agency. Such agencies must provide outdoor play areas which shall be sufficiently screened and sound-insulated so as to protect the neighborhood from inappropriate noise and other disturbance and satisfy all other requirements of the Pennsylvania Department of Public Welfare.

(6)

Use 18. Recreational facility owned or operated by the Borough or other governmental agency.

(7)

Use 19. Recreational facility owned or operated by a nongovernmental agency, subject to the following additional provisions:

(a)

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

(b)

No outdoor active recreation area shall be located nearer to any lot line than the required front yard.

(c)

Outdoor play areas shall be sufficiently screened to protect the neighborhood from inappropriate noise and other disturbance.

(8)

Use 20. Private club or lodge, subject to the following additional provisions:

(a)

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

(b)

The use shall be for members and guests only.

(9)

Use 21. Nursing home. A nursing home, also commonly known as a convalescent home, is a licensed establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves (no surgical or obstetrical services shall be provided in such a home; a hospital or sanitarium shall not be construed to be included in this definition), provided that:

(a)

A lot area of not less than two acres is provided.

(b)

No more than 100 patients shall be accommodated at any one time.

(c)

Landscaping and planting, including evergreens, shall be provided and maintained.

(10)

Use 22. Hospital. A hospital, for the purpose of the chapter, is a licensed establishment which provides health services primarily for inpatient medical or surgical care of the sick or injured, including such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices as an integral part of the establishment, provided that:

(a)

A lot area of not less than two acres shall be required.

(b)

Landscaping and planting, including evergreens, shall be provided and maintained.

(11)

Use 23. Medical center. A group of facilities providing health services, such as medical research facilities, including laboratories; outpatient departments; training facilities; medical offices and central service facilities, operated as an integral part of the facility, and commercial uses supplementary to it, provided that:

(a)

Lot and parking requirements are met for hospital, medical office and laboratory, to the extent to which each type is represented at the medical center.

[Amended 5-7-2012 by Ord. No. 2012-4]

(b)

Landscaping and planting are provided and maintained.

(12)

Use 23.1. Sober living facility. A facility that is operated by any person, association, firm, partnership, corporation, or any other entity, either on a profit or a nonprofit basis, for the purpose of providing a dwelling to residents, each of whom is disabled within the meaning of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Fair Housing Act, 42 U.S.C. § 3601 et seq., due to an addiction arising from the prior use of drugs, alcohol, and/or other controlled substances, and who will reside in said dwelling for the purpose of recovering from an addiction-based disability where such dwelling serves as place of residence for each resident by serving as a single, nontransient, long-term housekeeping unit from a resident's prior residency at a rehabilitation facility, hospital, incarceration, or homelessness to said resident's reintegration to a state of independent living. The term shall include any facility including sober homes, recovery houses and halfway houses that meets the definition of "sober living facility."

[Added 4-15-2019 by Ord. No. 2019-1]

(a)

Special exception criteria.

[1]

The applicant shall ensure that residents of a sober living facility shall i) maintain a single household unit with shared use of the entire dwelling unit, including living areas, eating areas, bathrooms, and food preparation and serving areas; ii) share mealtimes and housekeeping responsibilities; iii) share expenses for food, rent, utilities, and other household expenses.

[2]

A sober living facility shall not provide housing that is transient or temporary in nature, but rather shall provide stable, long-term living arrangements for its residents.

[3]

A sober living facility shall provide a minimum lot area of 1,000 square feet per sleeping room. In no event, however, shall more than eight residents, excluding staff members, live in the home at one time, nor shall more than two individuals share a single bedroom. A sober living facility shall contain a sufficient number of bedrooms for the proposed number of residents and shall not repurpose common living areas such as dens, recreation rooms, or living rooms that are otherwise shared by all residents during daytime hours for use as temporary or makeshift sleeping area.

[4]

The applicant shall develop and present to the Borough a written policy for the appropriate, lawful, and secure storage, dispensing, and disposal of any medication that is specifically prescribed or provided to residents for purposes in assisting in recovery of drug or alcohol addiction and any paraphernalia for the administration, ingestion, or application of such medication. Nothing in this subsection shall be construed to require the disclosure to the Borough of any private medical information of any individual.

[5]

The applicant shall meet the minimum required off-street parking as set forth in § 405-33, plus one additional space for each nonresidential staff person.

[6]

The applicant shall maintain within the sober living facility an adequate supply of naloxone for use in the event of an overdose emergency. The applicant shall submit a floor plan for approval by the Borough, including the Borough Police Department, the Borough Fire Marshal and the Borough Zoning/Code Enforcement Officer and such approval shall not be unreasonably withheld, which shall, in addition to displaying any other features required pursuant to Chapter 299, Property Maintenance, of the Borough Code of Ordinances and its successor provisions, shall identify the storage area of the naloxone, which shall be prominently displayed and readily accessible. The applicant shall further ensure that all staff members or employees are appropriately trained in the use of naloxone.

[7]

The applicant shall develop and present to the Borough a written policy setting forth the procedure regarding the notification of emergency medical responders, police, and family members or other emergency contacts in the event of an overdose or an overdose resulting in death of a resident.

Business and office uses. The following regulations shall apply to business and office uses within the Borough of Penndel.

(1)

Use 24. Professional service, limited to offices of physicians, lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians and medical and related offices, which do not involve the actual storage, exchange or delivery of merchandise on the premises, provided that, in R-2 Districts:

(a)

The use shall have frontage on and access to a collector or arterial highway.

(b)

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

(c)

There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than one nonilluminated sign not exceeding four square feet in area.

(2)

Use 25. Business service limited to banks and offices for real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, provided that the additional provisions of Use 24, § 405-18C(1), are met.

(3)

Use 26. Business service limited to governmental offices.

(4)

Use 27. Health service limited to medical or dental offices, laboratories and clinics, provided that the additional provisions of Use 24, § 405-18C(1), are met.

(5)

Use 28. Veterinary office, animal hospital, kennel or stable, defined herein as any lot or building for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits and birds. The minimum lot size for the keeping of larger animals such as cattle, hogs, pigs, horses, sheep, goats, burros and mules or any species of wildlife for financial gain or as domestic pets shall be two acres.

(6)

Use 29. Trade or professional school, music or dancing schools.

Commercial uses. The following regulations shall apply to commercial uses within the Borough of Penndel.

(1)

Use 30. Retail shop. Stores for the retail sale of antiques, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, garden supplies, hardware, household applications, jewelry, notions, periodicals, stationery, tobacco, paint, wearing apparel and other similar goods, but not including stores requiring extensive outdoor display or which allow food or beverages to be consumed on or immediately about the premises or the sale of fireworks-like products of any kind set forth in § 405-18D(1)(a), Use 30.1, below.

[Amended 5-14-2002 by Ord. No. 2002-2]

(a)

Use 30.1. Retail shop - limited. Stores which engage in retail sales set forth in Use 30 and includes the retail sale of sparklers, toy pistols, toy canes, toy guns, or other devices in which paper caps containing 0.25 grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than 0.25 grains of explosive mixture, and toy cannons which operate on the principle of mixing calcium carbide, weighing less than 1/10 ounce, and water in the reservoir of the cannon and in which ignition results upon the creation of a spark, or any other such similar products the sale and use of which is permitted by the Commonwealth of Pennsylvania when granted as a special exception by the Zoning Hearing Board. Sales of such products shall be subject to the following additional conditions and provisions:

[Added 5-14-2002 by Ord. No. 2002-2]

(b)

All sales must occur indoors in permanent structures with fire-detection and -suppression systems.

(c)

All sales people must be at least 18 years of age.

(d)

No outdoor display or sales are permitted whatsoever.

(2)

Use 30.1.1. Medical marijuana dispensary. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana under the Medical Marijuana Act. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

[Added 4-15-2019 by Ord. No. 2019-2[3]]

(a)

Special exception criteria.

[1]

An applicant, whether a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, shall present to the Borough the original permit issued by the Department of Health authorizing the applicant to dispense medical marijuana under the Medical Marijuana Act. Upon inspection by the Borough, the applicant shall further provide a copy of the permit for the Borough to retain for its records.

[a]

In the event that an applicant has not yet obtained the permit from the Department of Health at the time of making the application for a special exception, the applicant shall present evidence that the applicant is pursuing such permit. "Evidence" shall mean, for purposes of this subsection, a copy of the application for a permit and proof of receipt by the Department of Health. Further, not less than 10 days after the issuance of the permit, the applicant shall present to the Borough for inspection the original permit and a copy thereof to be retained for the Borough's records.

[b]

An applicant who commences dispensing medical marijuana, as provided under this subsection, shall annually provide evidence to the Borough that such permit has been renewed as provided by the Medical Marijuana Act.

[c]

In the event of the following: i) the applicant's permit application is denied; ii) the applicant's permit is revoked or suspended; or iii) the applicant's permit has expired, lapsed, or otherwise become invalid, the applicant shall immediately notify the Borough, in writing, and immediately cease and desist any dispensing of medical marijuana. Where the Department of Health has declined to renew a permit, the applicant shall, within 10 days, inform the Borough, in writing, of the nonrenewal, cease and desist all operations upon expiration of the permit, and, if applicable, inform the Borough that the applicant intends to submit further information or demand a hearing or that the Department of Health has administratively extended such permit.

[2]

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

[3]

A medical marijuana dispensary must be located on a lot containing not less than 20,000 square feet.

[4]

A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from a parcel containing a public, private or parochial school, day care center, place of worship, public park, or community center. Nor shall a medical marijuana dispensary be located closer than 2,500 feet from another medical marijuana dispensary or from a medical marijuana grower/processor.

[5]

A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, drop-off, or pick-up services shall be permitted.

[6]

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

[7]

A medical marijuana facility shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.

[8]

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

[9]

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

[10]

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

[11]

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

[12]

A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Borough Engineer, the Borough Planner, the Borough Fire Marshal, and the Borough Police Chief. The medical marijuana dispensary shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

[13]

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

[14]

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

[3]

Editor's Note: This ordinance also redesignated former Subsection D(2) through (9) as D(3) through (10), respectively.

(3)

Use 31. Bulk commercial. Stores for the sale of lumber, automobiles, agricultural machinery, boats or any other items requiring extensive outdoor display.

(4)

Use 32. Personal service, including barbershop, beauty parlor, laundry or cleaning agency, self-service laundry and wearing apparel.

(5)

Use 33. Repair service, including shops for appliances, watches, guns, bicycles, locks, etc.

(6)

Use 34. Eating place for the sale and consumption of food and beverages without drive-in or take-out service (service at table or sit-down counter facilities only).

(7)

Use 35. Eating place for the sale and consumption of food and beverages with drive-in or take-out service.

(8)

Use 36. Mortuary or funeral home, provided that the additional provisions of Use 24, § 405-18C(1), are met.

(9)

Use 37. Public entertainment facility. Activity operated as a gainful business, open to the public for the purpose of public entertainment or recreation, including, but not limited to, bowling alleys, motion-picture theaters, health clubs, etc., but not including outdoor facilities such as golf courses, driving ranges or amusement parks. Adequate measures to prevent noise and other noxious influences from disturbing nearby residential properties must be taken.

(10)

Use 38. Motel, hotel, tourist home or building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent.

[Amended 5-7-2012 by Ord. No. 2012-4]

Automotive service uses. The following regulations shall apply to automotive service uses within the Borough of Penndel.

(1)

Use 39. Parking area or garage, defined herein as a lot of record upon which the parking or storing of automotive vehicles is the primary use, provided that:

(a)

Such area will be used for parking of cars of employees, customers or guests of existing establishments in the same district where subject parking area is proposed.

(b)

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

(c)

The parking or storage of trucks or trailers shall not be permitted.

(d)

All parking areas shall meet the design standards for off-street parking included in the Bucks County Subdivision and Land Development Regulations.

(e)

All parking lots must conform to the provisions of § 405-31H.

(2)

Use 40. Gasoline service station, subject to the following provisions:

(a)

All activities, except those to be performed at the fuel pumps, shall be performed within a completely enclosed building.

(b)

Fuel pumps shall be at least 20 feet from any street right-of-way.

(c)

All automobile parts, dismantled vehicles and similar articles shall be stored within a building.

(d)

Full-body paint spraying or body and fender work shall not be permitted.

(3)

Use 41. Repair garage, including paint spraying and body and fender work or car-washing facility, provided that all repair and paint work is performed within an enclosed building.

(4)

Use 42. Sale of automotive accessories, parts, tires, batteries and other supplies, provided that installation of parts shall be in an enclosed building. Vehicle salvage activities which would include the dismantling and storage of vehicles and vehicle parts shall be within a completely enclosed building.

Transportation facilities. The following regulations shall apply to transportation facilities within the Borough of Penndel.

(1)

Use 43. Bus or taxicab terminal.

(2)

Use 44. School bus yard.

(3)

Use 45. Truck terminal.

(4)

Use 46. Railroad station, railway service.

Utilities. The following regulations shall apply to utilities within the Borough of Penndel.

(1)

Use 47. Communication facility, including telephone or telegraph exchange, microwave relay station and radio or television broadcasting studio, provided that in P and RC Districts such use shall not include the storage of materials, trucks or repair facilities or housing of repair crews.

(2)

Use 47(A). Cellular telecommunications facility. A cellular telecommunications facility shall be permitted when it complies with the following requirements:

[Added 1-5-2004 by Ord. No. 2004-1]

(a)

A cellular telecommunications facility shall be located on property owned by the Borough of Penndel or other governmental entity.

(b)

A plan for the property where the cellular communications facility will be located shall be provided to the Borough for review by the Borough Engineer. The plan shall contain the signature and seal of a professional engineer and shall contain items listed in § 355-17D of the Penndel Borough Subdivision and Land Development Ordinance.

(c)

The tower shall be designed and constructed in accordance with all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended.

(d)

The facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance. An eight-foot-high security fence shall completely surround the tower (including guy wires, if used) and the equipment building. All guy wires shall be clearly marked so as to be visible at all times.[4]

[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(e)

A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to document and verify the design specifications of the foundation of the tower and the anchors for the guy wires, if used.

(f)

Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour.

(g)

The maximum height of the tower shall be 200 feet and the maximum height of the equipment building shall be 10 feet. All other dimensional requirements of the applicable zoning district shall apply.

(h)

The proposed facility shall fully comply with all state and federal laws and safety regulations, including but not limited to aviation, engineering, mechanical and like regulations.

(i)

Applicant shall:

[1]

Present documentation establishing necessary equitable ownership in the property and that vehicular access is available to the facility.

[2]

Present the Borough with the Federal Communications Commission emergency contact information and certificate of insurance demonstrating both general liability coverage and property damage coverage in the minimum amount of $1,000,000 per occurrence.

[3]

Post the facility with a twenty-four-hour emergency contact telephone number.

[4]

Conduct regular inspections of the cellular communications facility, which shall be performed by a licensed structural engineer, and provide reports to the Borough for review.

(j)

If use of a tower, antenna and/or telecommunications facility is discontinued for a period of one year, it will be deemed to have been abandoned and shall be completely removed at the expense of the owner.

(3)

Use 48. Supply utility, including water supply works and storage, electric substations, plus necessary rights-of-way and transmission lines, provided that:

(a)

Except in RC Districts, no public business office shall be operated in connection with such use.

(b)

In no district shall any storage yard or storage building be operated in connection with such use unless such storage facility is essential to service customers in the district in which it is located.

(c)

All transmission lines shall be underground.

(d)

A seventy-five-foot buffer yard shall be provided along all property lines.

(4)

Use 49. Petroleum product and gas substation, provided that provisions of Use 48, § 405-18G(3)(c) and (d), above are met.

(5)

Use 50. Sanitary utility, including sewerage works, sewage pumping station plus associated collection line and right-of-way, but not including refuse dump, incinerator or sanitary landfill, provided that such facilities are intended to serve primarily residents of the Borough of Penndel.

(6)

Use 51. Fire station.

(7)

Use 52. Fire signal.

Industrial uses. The following regulations shall apply to industrial uses within the Borough of Penndel.

(1)

Use 53. Wholesale business and storage, provided that:

(a)

In RC Districts, such uses shall be restricted to offices.

(b)

In SC and I Districts, the storage provisions of Use 62, § 405-18I(5), are met.

(2)

Use 54. Warehousing, not including outdoor storage unless the provisions of Use 62, § 405-18I(5), are met.

(3)

Use 55. Manufacturing, including the production, processing, cleaning, printing, testing and distribution of materials, goods, foodstuffs and other products. Such manufacturing, processing or assembling of small parts and products such as electronic instruments and devices, radios and phonographs, medical and surgical instruments, optical products, pharmaceuticals, toiletries, jewelry, mechanical instruments and other similar small parts and products.

(4)

Use 55.1. Medical marijuana grower/processor. A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which is registered by the Department of Health under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

[Added 4-15-2019 by Ord. No. 2019-2[5]]

(a)

Special exception criteria.

[1]

An applicant, whether a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, shall present to the Borough the original permit issued by the Department of Health authorizing the applicant to conduct the growing or processing of medical marijuana under the Medical Marijuana Act. Upon inspection by the Borough, the applicant shall further provide a copy of the permit for the Borough to retain for its records.

[a]

[b]

An applicant who commences growing or processing medical marijuana, as provided under this subsection, shall, annually, provide evidence to the Borough that such permit has been renewed as provided by the Medical Marijuana Act.

[c]

In the event of the following: i) the applicant's permit application is denied; ii) the applicant's permit is revoked or suspended; or iii) the applicant's permit has expired, lapsed, or otherwise become invalid, the applicant shall immediately notify the Borough, in writing, and immediately cease and desist any operation of medical marijuana growing and/or processing. Where the Department of Health has declined to renew a permit, the applicant shall, within 10 days, inform the Borough, in writing, of the nonrenewal, cease and desist all operations upon expiration of the permit, and, if applicable, inform the Borough that the applicant intends to submit further information or demand a hearing or that the Department of Health has administratively extended such permit.

[2]

A medical marijuana grower/processor shall, at all times, operate in compliance with all Department of Health regulations pertaining to such facilities.

[3]

A medical marijuana grower/processor must be located on a lot containing not less two acres.

[4]

A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school or a day-care center; nor shall a medical marijuana grower/processor be located closer than 2,500 feet from another medical marijuana grower/processor or medical marijuana dispensary.

[5]

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

[6]

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

[7]

A medical marijuana grower/processor shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.

[8]

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

[9]

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

[10]

No one under the age of 21 shall be permitted in a medical marijuana grower/processor.

[11]

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

[12]

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

[13]

A medical marijuana grower/processor shall submit a security plan to, and obtain approval from, the Borough Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

[14]

A medical marijuana grower/processor shall contract with a private security company, and the Grower/Processor shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.

[15]

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

[5]

Editor's Note: This ordinance also redesignated former Subsection H(5) and (6) as H(6) and (7), respectively.

(5)

Use 56. Laboratory for research testing or experimentation.

(6)

Use 57. Contractor's office and storage, including building, cement, electrical, heating, plumbing, masonry, painting and roofing contractors, provided that the storage provisions of Use 62, § 405-18I(5), are met.

Accessory uses. The following regulations shall apply to accessory uses within the Borough of Penndel.

(1)

Use 58. No-impact home-based business. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

[Amended 5-7-2012 by Ord. No. 2012-4]

(a)

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(b)

The business shall employ no employees other than family members residing in the dwelling.

(c)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(d)

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

(e)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(f)

The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

(g)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(h)

The business may not involve any illegal activity.

(2)

Use 59.

(a)

Residential accessory building, structure or use, including, but not limited to:

[1]

Parking spaces for the parking of passenger automobiles, but excluding parking of commercial vehicles other than vehicles not exceeding one-half-ton loading capacity that are needed for travel to and from work by residents of the principal building and are completely enclosed within a building and also excluding repairs, sale of gas and other such commercial uses.

[2]

Structures, such as fences and walls.

[3]

Buildings, such as storage sheds, bathhouses and private greenhouses.

[4]

Private swimming pool, wherever constructed as a stationary or permanent structure or wherever temporarily erected for use, provided that the provisions of § 405-28B of this chapter regulating swimming pools are complied with.

[5]

The keeping of one roomer, boarder or lodger as an accessory use to any dwelling unit, if such roomer, boarder or lodger is within the principal residential building.

(b)

Residential buildings, other than those for domestic servants and caretakers employed on the premises and for occasional gratuitous guests, are not to be considered residential accessory buildings, structures or uses.

(3)

Use 60. Temporary structure or use. A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:

(a)

The life of such permit shall not exceed six months, renewable at three-month intervals.

(b)

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

(4)

Use 61. Accessory building or structure or uses customarily incidental to the uses permitted in RC, SC and I Districts in connection with such uses, except outside storage, provided that any use accessory to a use permitted only under a special exception shall be established only if and as provided in such exception.

(5)

Use 62. Outside storage, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use.

(a)

Such use shall be subject to the following provisions:

[1]

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, no required parking areas and no part of the required front yard shall be occupied by outside storage.

[2]

Outside storage areas shall occupy an area of less than 1/2 the existing building coverage.

[3]

Outside storage areas shall be shielded from view from the public streets.

[4]

Trailers, with or without wheels attached, shall not be used as outside storage.

(b)

Uses requiring more substantial amounts of land area for storage may be exempt from the provisions of § 405-18I(5)(a)[2] and [3] above when granted as a special exception by the Zoning Hearing Board. Such uses shall be subject to the following additional provisions:

[1]

No more than 25% of the lot area shall be used in outdoor storage.

[2]

Particular uses appropriate for consideration under this provision include, but are not limited to, bulk commercial, Use 31, § 405-18D(2); school bus yard, Use 44, § 405-18F(2); and truck terminals, Use 45, § 405-18F(3). Among the uses that shall not be considered appropriate for inclusion under this provision are retail shops and stores, Use 30, § 405-18D(1); repair shops for appliances, Use 33, § 405-18D(4); gasoline service station, Use 40, § 405-18E(2); sale of automotive accessories, Use 42, § 405-18E(4); wholesale business, Use 53, § 405-18H(1); warehousing, Use 54, § 405-18H(2); manufacturing, Use 55, § 405-18H(3) and contractor offices and shops, Use 57, § 405-18H(5).

(6)

Use 63. Outside display of goods, wares or merchandise, upon a fixture, table, machine or other device for the display and/or sale of merchandise, limited to the portion of the sidewalk adjacent to the inside line thereof, extending not more than 24 inches toward the curbline, where the sidewalk is sufficiently wide so that a free and unencumbered walkway at least six feet in width remains available for the use of pedestrians.

(7)

Use 64. Travel trailer, storage of, subject to the following provisions:

(a)

In all districts, no more than one trailer shall be stored on a lot.

(b)

Such trailers shall be owned by the occupant of the lot upon which the trailer is stored.

(c)

Such trailers must be unoccupied.

(d)

The provisions for outside storage included in Use 62, § 405-18I(5), must be complied with.

(e)

Provisions of § 405-18I(7)(a) and (b) above shall not apply to the storage of trailers as a permitted principal use.

(8)

Use 65. Off-street parking subject to the provisions and requirements of Article VII.

(9)

Use 66. Signs subject to the provisions and requirements of Article VIII.

Metropolitan Business District uses.

[Added 10-2-1978 by Ord. No. 78-4]

(1)

Use 67. Adult entertainment establishment. Any building or structure which contains or is used for commercial entertainment where the patron, directly or indirectly, is charged a fee to engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment or views a series of dance routines, strip performances or other gyrational choreography provided by the establishment which appeals to the prurient interest of the patron.

(2)

Use 68. Adult bookstore. An establishment having a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

(3)

Use 69. Adult motion-picture theater. An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter, describing or relating to specified sexual activities or special anatomical areas for observation by patrons therein.

(4)

Use 70. Adult mini motion-picture theater. An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

(5)

Use 71. Massage parlor. An establishment or business which provides the service of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state.

(6)

Use 72. Bathhouse. An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional therapist licensed by the state.

(7)

Use 73. Modeling studio. An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

(8)

Use 74. Artist body-painting studio. An establishment applying paint or other substance, whether transparent to or on the human body when such body is wholly or partially nude.

(9)

Use 75. Cabaret. An establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

(10)

Use 76. Arcade. An establishment having seven or more coin-operated amusement devices, including but not limited to video games, arcade games, pool tables and pinball machines.

[Added 2-7-1983 by Ord. No. 83-4]

Transit-Oriented Development Overlay District uses.

[Added 6-15-2020 by Ord. No. 2020-1]

(1)

Use 77. Brewery, winery, or distillery. An establishment licensed by the Pennsylvania Liquor Control Board and in compliance with the Pennsylvania Liquor Code, 47 P.S. § 1-101, et seq., as amended, or any successor statute, and any other applicable regulation, having a principal use consisting of those activities consistent with the production of beer, wine, spirits, or other alcoholic beverages. Those activities may include, but not necessarily be limited to, brewing, fermenting, distilling, denaturing, redistilling, recovering, rectifying, blending and reusing of alcohol and liquor when it complies with all of the following requirements:

(a)

Any sales of food shall be clearly incidental to the primary use consisting of alcohol sales.

(b)

All outdoor eating/drinking and service areas shall be in accordance with the requirements of Use 79. Accessory outdoor eating/drinking area.

(c)

Use of any outdoor area for games, sports or competitions shall be allowed by conditional use only. The proposed use shall be permitted only if the activities take place in the rear yard of the property and have no effect on surrounding properties. No activities shall be permitted that result in noise, trash, light or other disturbances on surrounding or nearby properties. Any outdoor dining area shall not encroach onto any sidewalk adjacent to the use.

(d)

Parking shall be provided as required in § 405-83G.

(2)

Use 78. Market. An activity that is generally described as a building equipped with rooms, booths, stalls, and tables where a variety of goods or services are offered for sale by multiple sellers, businesses and/or vendors.

(a)

The following uses are permitted in a market use:

[1]

Use 32. Personal service, at a maximum of 3,000 square feet of floor area (gross).

[2]

Use 33. Repair service, at a maximum of 3,000 square feet of floor area (gross).

[3]

Use 34. Eating place (without drive-in or take-out).

[4]

Use 77. Brewery, winery, or distillery.

(b)

The following uses are permitted by conditional use in a market use:

[1]

Use 81. Cultural and entertainment.

(c)

The following accessory uses are permitted in a market use:

[1]

Use 79. Accessory outdoor eating/drinking area.

[2]

Use 80. Accessory brewing.

(d)

Individual and accessory uses in a market use shall meet specific requirements for each use as set forth for each such use in this chapter.

(e)

All building codes, fire codes, and accessibility codes shall be met by each individual and accessory use and collectively for the overall market use.

(f)

Parking shall be provided as required in § 405-83G.

(3)

Use 79. Accessory outdoor eating/drinking area. An outdoor dining and food service area is an accessory use to the principal uses consisting of Use 34 Eating place (without drive-in or take-out); or Use 77 Brewery, winery, or distillery and subject to the all of the following requirements:

(a)

The outdoor dining area shall be clearly incidental to the principal use.

(b)

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

(c)

Parking shall be provided as required in § 405-83G.

(d)

With respect to the location of outdoor dining areas:

[1]

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

[2]

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

[3]

Outdoor dining areas shall not interfere with vehicular or pedestrian traffic patterns.

[4]

Outdoor dining areas must provide an unobstructed pedestrian clear zone of at least five feet in width, provided between the edge of curb and the edge of the adjacent building or edge of an outdoor dining area in those areas deemed appropriate by the Borough. Tables, chairs, umbrellas, service equipment, and planters shall be kept out of the unobstructed pedestrian clear zone.

[5]

A temporary or seasonal designed barrier element is encouraged to ensure a clear demarcation of these spaces. The height of such a barrier shall be no greater than 36 inches and constructed of a solid, durable material easily anchored and removed in the paved space.

(e)

No outdoor service shall be provided before 7:00 a.m. or after 11:00 p.m. on Friday and Saturday, and before 9:00 a.m. or after 9:00 p.m. on Sunday through Thursday.

(f)

Music shall be permitted. All activities, including the playing of music, shall comply with the noise limitations of Borough ordinances and the Pennsylvania Liquor Control Board, if applicable.

(g)

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

(h)

The carrying of any open container of alcoholic beverages is prohibited outside the delineated area of the outdoor dining area or in any other area prohibited under Chapter 112 of the Penndel Code of Ordinances.

(i)

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

(j)

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

(k)

There shall be table service only.

(l)

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

(m)

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

(n)

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

(4)

Use 80. Accessory brewing. Brewing operations licensed by the Pennsylvania Liquor Control Board conducted as an accessory use in conjunction with Use 34. Eating place.

(a)

The brewing operations at the premises shall be secondary to the primary use of Use 34 Eating place.

(b)

No more than 50% of the total gross floor area of the establishment shall be used for the brewing operations, including, but not limited to, the brew house, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks.

(c)

Parking shall be provided as required in § 405-83G.

(5)

Use 81. Cultural and entertainment. A building or facility that may include uses, including, but not limited to, studio, gallery, music, theater, museum, escape room, and axe throwing, that operates as a gainful business within a building. Parking shall be provided as required in § 405-83G.

[1]

Editor's Note: This ordinance also added a TOD column to this table.