Unless otherwise provided by law or in this
chapter, no building or structure shall be constructed, erected or
extended and no building, structure or land shall be used or occupied
except for the purposes permitted in this article.
[Amended 11-18-2002 by Ord. No. 924]
A. A land use listed in Table 465-17 is permitted by right in any district under which it is denoted by the letter "Y," subject to such requirements as may be specified in §
465-17.
B. A land use listed in Table 465-17 is not permitted
in any district under which it is denoted by the letter "N."
C. A land use listed in Table 465-17 may be permitted in any district under which it is denoted by the letters "SE," if the Zoning Hearing Board so determines and issues a special exception as provided in Article
X, subject to such requirements as may be specified in §
465-17 and Article
X and such further restrictions as said Board may establish.
[Amended 11-18-2002 by Ord. No. 924]
Land uses permitted by right or special exception
shall be subject, in addition to these land use regulations, to such
additional regulations of yard, lot size, lot width, floor area ratio,
height, provisions for off-street parking and loading and to such
other provisions as are specified in other articles contained herein.
[Amended 3-14-1984 by Ord. No. 788; 8-18-1986 by Ord. No.
816; 4-14-1987 by Ord. No. 823; 6-8-1993 by Ord. No. 864]
All land uses and activities established after
the effective date of this chapter shall comply with the following
standards:
A. Noise and vibration.
(1) General. It is the intention of these provisions to
protect the public health and welfare by limiting excessive noise
and vibrations caused by human activities. These provisions apply
to the control of all noise and vibration originating or occurring
within the Borough of Morrisville. Test equipment methods and procedures
shall conform to the standards established by the American National
Standards Institute.
(2) Administration. Land uses generating noise or vibrations
which exceed the standards contained herein shall be deemed to be
in violation of this chapter. The Zoning Officer shall administer
these regulations by enforcing the standards, investigating complaints
and making recommendations to the Borough Council.
(3) Maximum permissible noise levels.
|
Zoning District
|
Time
|
Noise Level Limit
(dBA)
|
---|
|
R-1, R-2, R-2A, R-3, R-4, NPEH
|
7:01 a.m. — 10:00 p.m.
|
60
|
|
|
10:01 p.m. — 7:00 a.m. plus Sundays and
legal Holidays
|
50
|
|
C-2, C-3, P-1
|
7:01 a.m. — 10:00 p.m.
|
65
|
|
|
10:01 p.m. — 7:00 a.m. plus Sundays and
legal Holidays
|
60
|
|
C-1, L-I, I
|
At all times
|
70
|
(4) Exceptions. Emergency alerting devices, utilitarian
work involving public health or safety, normal residential activities,
motor vehicle operation, agricultural operations, public celebrations,
railroads and unamplified human voice are hereby exempted from these
standards.
B. Smoke. No smoke shall be emitted from any chimney
or other source of visible gray opacity greater than No. 1 on the
Ringlemann Smoke Chart as published by the U.S. Bureau of Mines, except
that smoke of a shade not darker than No. 2 on the Ringlemann Chart
may be emitted for not more than four minutes in any thirty-minute
period.
C. Dust, fumes, vapors and gases.
(1) The emission of dust, dirt, fly ash, fumes, vapors
or gases which can cause any damage to human health, to animals, to
vegetation or to other forms of property, or which can cause any soiling
or staining of persons or property at any point beyond the lot line
of the use creating the emission, is herewith prohibited.
(2) No emission of liquid or solid particles from any
chimney or otherwise shall exceed 0.3 grains per cubic foot of the
covering gas at any point beyond the lot line of the use creating
the emission. For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
a stack temperature of 500° F. and 50% excess air in stack at
full load.
D. Heat. No land use shall produce heat perceptible beyond
its lot lines.
E. Odor. No land use shall emit odorous gases or other
odorous matter in such quantities as to be offensive at any point
on or beyond its lot lines. The guide for determining such quantities
of offensive odors shall be the 50% response level of Table I (Odor
Thresholds in Air), Research on Chemical Odors: Part I — Odor
Thresholds for 53 Commercial Chemicals, October 1968, Manufacturing
Chemists Association, Inc., Washington, D.C.
F. Glare. No land use shall produce a strong dazzling
light or reflection of a strong dazzling light beyond its lot lines.
G. Vibration. No land use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments with the exception of the vibration produced as a result of construction activity. (See also §
465-15A).
H. Soil erosion and sedimentation. All developments shall
protect rivers, streams, lakes and ponds from sedimentation damage
and shall control erosion in accordance with the Clean Streams Law,
P.L. 1987, Chapter 102, except that all developments shall submit
to the Borough an erosion and sediment control plan as part of the
preliminary land development plan even where they are less than 25
acres in extent. This provision shall not apply to developments of
less than two acres in the R-1 zone and one acre in all other zones.
I. Stormwater. All developments shall limit the rate
of stormwater runoff to that amount which can be accommodated by the
local storm sewer system. The developer or owner of each site shall
prepare an estimate of the rate of runoff from the site and the capacity
of the storm sewer system. It shall be the Borough's option to request
an opinion from the Borough Engineer or other consultant (at the developer's
expense) regarding the ability of the local storm system to handle
the runoff from a particular land development.
(1) No runoff shall be permitted beyond the property lines
in amounts exceeding the natural runoff from the site.
(2) Where storm sewers are unavailable or inadequate,
it shall be the developer's option to improve the storm sewer system
or install retention basins or other means approved by the U.S. Department
of Agriculture, Soil Conservation Service to restrain runoff. Such
facilities shall be designed for the ten- , twenty- , fifty- and one-hundred-year
storms.
(3) All runoff calculations shall be based on one-hundred-year,
twenty-four-hour storms. The method for such calculations shall be
that contained in United States Department of Agriculture, Soil Conservation
Service, "Engineering Field Manual," Notice #4 of April 30, 1971,
as amended.
J. Environmental performance standards. For all developments,
the developer shall determine the presence of environmental or natural
features on the site and shall meet the following standards of environmental
protection. Site alterations, regrading, filling or clearing of vegetation
prior to submission of the plans for development shall be a violation
of this chapter.
[Amended 10-18-2004 by Ord. No. 943]
(1) The owner or developer of each site shall prepare
a plan which identifies the natural features which are listed as requiring
protection under this section. The plan shall show the location of
all natural features, the portions which are to remain open and the
percentage reduction this will cause in the buildable site area.
(2) Where a site or sites within any development contain
specific areas where two or more environmental or natural features
overlap, within those overlapping areas the feature with the least
allowable disturbance shall apply.
(3) The natural features which must be identified and
protected are listed below.
(a)
Floodplains. Refer to §
465-15N for specific standards.
(b)
Open waterways. No open waterways shall be developed
or filled without the approval of the Pennsylvania Department of Environmental
Resources.
(c)
Steep slopes. The following standards shall
apply:
[1]
Eight to 15%: no more than 50% of such areas
shall be developed and/or regraded or stripped of vegetation.
[2]
Fifteen to 25%: no more than 30% of such areas
shall be developed and/or regraded or stripped of vegetation.
[3]
Twenty-five percent or more: no more than 15%
of such areas shall be developed and/or regraded or stripped of vegetation.
[4]
The provisions of this section shall apply to
all cut and fill operations on slopes greater than 8%.
(d)
Forests. Areas of forest or mature stands of trees are to be left intact where possible. In any event, no more than 40% of such areas may be developed and/or cleared. Forests are defined in §
465-6.
(e)
Lakes, ponds, wetlands or marshes. These features shall be left intact. No development, filling, piping or diverting shall be permitted. See §
465-6 for definitions.
K. Storage and waste disposal.
(1) Aboveground tanks or drums for highly flammable or
explosive liquids, solids or gases shall be located no closer than
25 feet to any building or lot line.
(2) All outdoor storage of fuel, raw materials, and products
shall be enclosed by an approved safety fence at least six feet in
height.
(3) No materials or wastes shall be deposited upon a lot
in such form or manner that they may be transported off the lot by
natural causes or forces, nor shall any substance which can contaminate
a stream or watercourse or otherwise render such stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
(4) All materials or wastes which might cause fumes or
dust, or which constitute a fire hazard, or which may be edible or
otherwise attractive to rodents or insects, shall be stored outdoors
only if enclosed in containers adequate to eliminate such hazards.
L. Landscaping, buffering and screening.
[Added 10-18-2004 by Ord. No. 943]
(1) General regulations.
(a)
Any part or portion of a site which is not used
for buildings, other structures, loading and parking spaces, driveways
and aisles, sidewalks and designated storage areas shall be planted
with an all-season ground cover and shall be landscaped. Maximum advantage
shall be taken of existing trees and shrubs in landscaping.
(b)
All landscaped planting areas shall be maintained
and kept clean of all debris, rubbish, weeds and tall grass; provided,
however, that if such area is part of a naturally wooded area on the
property that will remain at least 20-feet wide after the proposed
land development is completed, it may continue in its natural state.
Shrubs, trees and flowering perennial plants in mulched planting beds
shall occupy a minimum of 50% of the square footage of the landscaped
planting area.
(c)
Unless otherside specified, landscaped planting
areas may be part of the required front, side and rear yards.
(d)
Landscaped planting areas required herein are
in addition to any buffer yards required.
(e)
All water towers, storage tanks, cooling towers,
vents or any other structures which rise above roof lines, as well
as mechanical equipment, shall be architecturally compatible with
adjacent neighborhood or effectively screened from view from any public
street or sidewalk by the architecturally sound method.
(f)
Landscaping and screening of parking and loading
areas:
[1]
Except in the C-1 Central Commercial District,
there shall be a landscaped planting area of not less than six feet
wide between the street line and any off-street parking area with
10 or more spaces or any loading areas.
[2]
Not less than 5% of the interior of each off-street
parking area which provides 20 or more parking spaces shall be landscaped.
Each such parking area shall have no less than one shade tree within
a minimum 2 1/2 inch caliper for every 10 parking spaces.
[3]
The types of plant materials to be used shall
be subject to the review of the Planning Commission.
[4]
Any parking area with facilities for 10 or more
motor vehicles, or loading area, that abuts a residential district
shall be effectively screened from the adjacent residential property
by means of plantings, wall or fence which shall be not less than
five feet high.
[5]
All parking spaces, driveways and drive isles
shall be located no closer than five feet from any property line.
(g)
Plant materials in landscaped planting areas
that are not alive must be replaced within one month unless an extension
is granted by the Zoning Officer to allow for replanting during the
appropriate season of the year. All fences and walls incorporated
into landscaped planting areas shall be maintained to provide the
required screening.
(2) Specific regulations. Landscaping and screening requirements shall be as required by Subsection
L(1) above, and as indicated below:
(a)
Dwelling or building type requirements:
[1]
Multifamily building with four or more units
per building: landscaped planting area five feet wide, adjacent to
front of principal building.
[2]
Multiplex dwelling or townhouse: landscaped
planting area five feet wide, adjacent to front of principal building.
[3]
Professional district. Nonresidential building:
landscaped planting area five feet wide, adjacent to front of principal
building.
[4]
Commercial districts. Nonresidential building:
except in the C-1 Central Commercial District, there shall be a landscaped
planting area five feet wide, around perimeter of principal building.
M. Buffer yards.
(1) Buffer yards shall be required in the following cases:
(a)
Where side or rear lot lines of uses in the
C-1, C-2, L-I and I Districts abut an R-1, R-2, R-2A, R-3 or R-4 District
or residential district in another municipality.
(b)
Where specified in §
465-17, Land use regulations.
(c)
Along all site boundaries of garden apartments,
midrise apartments, performance developments and adult-oriented establishments.
[Amended 2-16-1999 by Ord. No. 899]
(2) Buffer yards shall not be less than 10 feet in width in any district where office, commercial, automotive, utilities, communications, transportation and industrial land uses abut existing residential property except when a larger width is specified in §
465-17, Land use regulations, in which case the larger width will be required. Buffer yards may be coterminous with required side and rear yards.
(3) Buffer yards shall be permanently maintained and kept
free of all debris, rubbish, weeds and tall grass; provided, however,
that if such area is part of a naturally wooded area on the property
that will remain at least 20-feet wide after the proposed land development
is completed, it may continue in its natural state. No structure,
activity, storage of materials, or parking of vehicles shall be permitted
in buffer yards. All plant materials used as a screen or barrier in
a buffer yard shall be a minimum height of five feet. Plant materials
in buffer yards and that are not alive must be replaced within one
month unless an extension is granted by the Zoning Officer to allow
for replanting during the appropriate season of the year.
[Amended 10-18-2004 by Ord. No. 943]
N. Floodplain standards.
(1) Statement of intent. It is the intent of the Borough
of Morrisville to regulate the use of land within the floodplains
of Morrisville Borough to protect life, limb and property from the
ravages of flood and similarly to participate in the Flood Insurance
Program, as administered by the Federal Insurance Administration,
Department of Housing and Urban Development, so that residents who
live near floodplain areas will have insurance available to them.
(2) Nature of the floodplain. The floodplain has been determined by an engineering study which considered the effects of storms of varying intensities and durations, the topography of the land and the runoff characteristics of the region. Because natural changes to topography and man-made changes to runoff characteristics are constantly changing the floodplains of Morrisville, some interpretation of floodplain boundaries will be necessary and acceptable. See §§
465-10 and
465-11. Although it is the intention of the Borough to be reasonable in the administration of these regulations, it is the nature of zoning to be definitive and exact. To ease the effects of this contradiction:
(a)
The Flood District, which includes the Floodway Zone and the Flood Fringe Zone, is an overlay which supersedes the rights granted in the underlying district. See §
465-9.
(b)
The engineering data which accompanies the floodplain
maps shall be deemed as significant as the maps. If a landowner engages
a registered engineer or surveyor who prepares a topographic survey
which is different from the floodplain map, that topographic survey
may be considered as an interpretation of the flood study engineering
data.
(3) The following land uses and activities are strictly
prohibited in the Floodway Zone in accordance with the rules and regulations
adopted by the Department of Housing and Urban Development, Title
24, Chapter X, Subchapter B:
(a)
Encroachments, including fill, new construction,
substantial improvements and other development within the Floodway
Zone that would result in any increase in flood levels during the
one-hundred-year flood are prohibited.
(b)
The placement of any mobile home in the Floodway
Zone is prohibited. A mobile home shall be defined as a transportable
single-family dwelling intended for permanent occupancy, office, or
place of assembly, contained in one or more sections, built on a permanent
chassis, 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 with or without a permanent
foundation. The term does not include recreational vehicles or travel
trailers.
(4) Activities which are noted in Table 465-17 as special exceptions (SE) will be considered under the
rules of the Zoning Hearing Board only if they exist in the underlying
district and provided they are not prohibited by any other ordinance.
(5) Activities which are noted in Table 465-17 as permitted
(Y) are considered such only if they meet all the criteria of this
and other Borough ordinances.
(6) Development in the Flood Fringe Zone shall meet the
following conditions and criteria:
(a)
The lowest habitable floor, including basement,
on all new residential buildings and structures, and all additions
to existing residential buildings and structures shall be raised one
foot above the level of the one-hundred-year flood.
(b)
Fill materials shall consist of soil or rock
material only; sanitary landfills shall not be permitted.
(c)
All nonresidential buildings, structures and material storage areas shall be either elevated in accordance with Subsection
N(6)(a), above, or together with attendant utility and sanitary facilities, be designed so that building elevations below the one-hundred-year flood level are floodproofed in accordance with the W1 or W2 classifications of the Morrisville Borough Building Code of 1977, as amended. In addition, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated certification indicating the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be submitted with the application for a building permit.
(7) Nonconforming land uses in the Flood District shall meet the provisions of §
465-58C.
(8) Administration activities unique to the Flood District
are noted in §§ 465-68D and E.
O. Tree protection zone. Open space ratio equals 100%
restriction. No land within the tree protection zone shall be altered,
regraded, compacted or built upon, or used for storage or parking
of vehicles during land development construction.
[Amended 10-18-2004 by Ord. No. 943]
Where open space is required as a part of any
land use it shall be designed, maintained and administered in accordance
with the provisions of this section. The open space plan shall be
construed as a contract between the landowner(s) and the Borough,
and shall be noted on all deeds.
A. Layout of open space. The open space shall be laid
out in accordance with the best principles of site design. It is intended
that the open space be as close to all residences as possible, with
green ways leading to major recreation spaces. Major recreation areas
shall be located to serve all residents. The open space is most needed
in areas of highest density.
B. Open space designation. All land held for open space
shall be so designated on the plans. The plans shall contain the following
statement: "Open Space land may not be separately sold, nor shall
such land be further developed or subdivided." The subdivision plans
shall further designate the use of open space, the type of maintenance
provided, and a planting plan or schedule. In designating use and
maintenance, the following classes may be used:
(1) Lawn. A grass area with or without trees which may
be used by the residents for a variety of purposes and which shall
be mowed regularly to insure a neat and tidy appearance.
(2) Natural area. An area of natural vegetation undisturbed
during construction or replanted; such area may contain pathways.
Meadows shall be maintained as such and not left to become weed-infested.
Maintenance may be minimal but shall prevent the proliferation of
weeds and undesirable plants such as honeysuckle and poison ivy. Litter,
dead trees and brush shall be removed, and stream shall be kept in
free-flowing condition.
(3) Recreation area. An area designated for a specific
recreation use including, but not limited to, tennis, swimming, shuffle
board, playfield, and tot lot. Such areas shall be maintained so as
to avoid creating a hazard or nuisance, and shall perpetuate the proposed
use.
C. Open space performance bond. Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities shall be required to cover the costs of installation in accordance with provisions of provisions of Chapter
390, Subdivision and Land Development.
D. Ownership and preservation of open space. Several
methods may be used to preserve, own, or maintain open space. The
following specific requirements are associated with four of the most
common methods.
(1) Condominium. The open space may be controlled through
the use of condominium agreements. Such agreements shall be in conformance
with the Unit Property Act of 1963. All open space land shall be held
as "common element." Such land shall not be eligible for sale to another
party except for transfer to another method of ownership permitted
under this section, and then only where there is no change in the
amount of open space.
(2) Homeowners association. The open space may be held in common ownership by a homeowners association. This method shall be subject to all of the provisions for homeowners associations set forth in Article
VII of Act 247, Pennsylvania Municipalities Planning Code.
(3) Fee-simple dedication. The Borough may, but shall
not be required to, accept any portions of the open space, provided:
(i) such land is freely accessible to the public, (ii) there is no
cost involved, and (iii) the Borough agrees to and has access to maintain
such lands.
(4) Dedication of development rights. The Borough or County
may accept, but shall not be required to accept, title to the development
rights or easements to any portion or portions of the open space.
In such cases, the land remains in the ownership of the individual,
condominium, or homeowners association while the development rights
are held in public ownership. The County shall accept ownership only
in accordance with the provisions of Act 442 and County plans. The
Borough may accept such lands as it sees fit. In either case, there
shall be no cost to the County or the Borough for acquisition or maintenance.
The Borough may require this method where it deems this the most appropriate
way of maintaining land in open space, particularly in single-family
cluster developments.
[Amended 7-19-1982 by Ord. No. 774; 3-14-1984 by Ord. No.
788; 7-11-1985 by Ord. No. 801; 8-19-1986 by Ord. No. 816; 4-14-1987 by Ord. No. 823; 6-10-1997 by Ord. No.
885]
A. Residential land uses.
(1) (A1) Single-family detached dwelling. A dwelling designed
for and used for occupancy exclusively by one family having only one
dwelling unit from ground to roof and having independent outside access
and open space on all sides.
(a)
Dimensional standards for permitted housing
types shall:
(2) (A2) Cluster development. A planned development of
single-family detached, two-family detached or duplex dwellings on
lots with modified dimensional requirements.
|
"Performance developments."
|
(a)
Minimum density, open space and impervious surface
standards shall be no less than the standards found in Table 465-18,
Table of Dimensional Requirements.
(b)
Buffer yards no less than 15 feet in width shall be provided in accordance with the standards presented in §
465-15M, Buffer yards.
(c)
Open space shall be laid out and maintained in accordance with §
465-16, Open space standards.
(3) (A3) Two-family detached dwelling. A dwelling having
two dwelling units with one dwelling located above the other, independent
outside access, and open space on all sides.
(4) (A4) Duplex or twin dwelling. A dwelling having two
dwelling units arranged side-by-side with only one dwelling unit from
ground to roof, independent outside access, and any portion of only
one wall in common with an adjoining dwelling.
(5) (A5) Performance development. A development which
permits a variety of housing types subject to a series of performance
standards. The performance development requires the provision of open
space and limits the density and impervious surfaces. See Table 465-18.
(a)
Yards. The yard requirements found in Subsection
F of this section shall be applied to the individual lots proposed in the performance development. Buffer yards shall be required around all the boundaries of a performance development site, in accordance with §
465-15M, and shall be considered as part of the minimum open space requirement.
(b)
Streets. All access streets shall have minimum
rights-of-way of 50 feet.
(c)
An amount of land shall be set aside as permanent
usable open space and shall:
[1]
Be suitable for use as a park, playground, pedestrian
accessway, 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.
[2]
Either be dedicated to the Borough if acceptable to them, or to be maintained according to the ownership provisions of §
465-16, Open space standards.
(d)
Parking. The requirements of §
465-38 shall be the minimum standards for parking.
(e)
Dwelling unit mix.
|
Number of DU's in Development
|
Minimum No. of DU Types
|
Maximum % any Type
|
Minimum % any Type
|
---|
|
30 or less
|
1
|
100
|
20
|
|
31 or more
|
2
|
60
|
15
|
(f)
Dimensional standards. The following housing types are permitted subject to Article
V, the above-stated performance standards, and the dimensional requirements as indicated.
[Amended 11-18-2002 by Ord. No. 924]
[1]
Single-family detached dwelling.
[a] A dwelling designed for and used
for occupancy exclusively for one family, having only one dwelling
unit from ground to roof and having independent outside access and
open space on all sides.
[b] Requirements:
[i] Lot area minimum per dwelling unit:
5,800 square feet.
[ii] Lot area average per dwelling
unit: 6,000 square feet.
[iii] Maximum building coverage: 15%.
[v] Minimum lot width at building setback
line: 50 feet.
[vi] Parking: two off-street parking
spaces.
[2]
Single-family detached; lot line.
[a] A single-family detached dwelling
on an individual lot; the building is set on one side of the side
property line. A maintenance easement on the adjoining lots is part
of the requirement for this type of construction. Windows on the lot
line side of a dwelling are not permitted.
[b] Requirements:
[i] Lot area minimum per dwelling unit:
5,600 square feet.
[ii] Lot area average per dwelling
unit: 5,800 square feet.
[iii] Maximum building coverage: 15%.
[v] Minimum lot width at building setback
line: 50 feet.
[vi] Minimum building spacing: 20 feet.
[vii] Parking: two off-street parking
spaces.
[3]
Duplex dwelling.
[a] A duplex is a dwelling having only
one dwelling unit from ground to roof and only one wall in common
with another dwelling unit.
[b] Table of dimensional requirements.
|
Minimum Lot Area/DU
(square feet)
|
Average Lot Area/DU
(square feet)
|
Off-Street Parking
(spaces/unit)
|
Minimum Lot Width at Building Setback
(feet)
|
---|
1 bedroom
|
3,200
|
3,600
|
1.75
|
36
|
2 bedroom
|
3,600
|
4,000
|
2.00
|
40
|
3 bedroom
|
4,000
|
4,500
|
2.00
|
40
|
4 bedroom
|
4,200
|
4,700
|
2.25
|
45
|
5 bedroom
|
4,500
|
5,000
|
2.50
|
45
|
NOTES:
|
---|
General:
|
---|
|
Building setback line: 20 feet.
|
---|
|
Minimum side yard: 10 feet.
|
---|
|
Minimum rear yard: 20 feet.
|
[4]
Multiplex dwelling.
[a] The multiplex dwelling may be a
variation of the duplex dwelling, townhouse or garden apartment that
meets the following criteria. In general, all units have independent
outside access; but this is not necessary. Units may be arranged in
a variety of configurations: side by side or back to back. The essential
feature is the small number of units attached. No more than five units
shall be attached in any group, and groups shall average four units
per structure. Multiplex dwelling units shall not exceed two stories
in height.
[b] Table of dimensional requirements.
|
Min. Lot Area Per DU
(square feet)
|
Avg. Lot Area Per DU
(square feet)
|
Off-Street Parking Spaces
(per DU)
|
---|
1 bedroom
|
1,500
|
1,700
|
1.75
|
2 bedroom
|
2,200
|
2,400
|
2.00
|
3 bedroom
|
2,500
|
2,800
|
2.00
|
4 bedroom
|
2,700
|
3,000
|
2.25
|
NOTES:
|
---|
General:
|
---|
|
Minimum building setback lines:
|
---|
|
|
Street: 20 feet.
|
---|
|
|
Parking area: 20 feet.
|
---|
|
Minimum building spacing: 24 feet.
|
[5]
Townhouse.
[a] The townhouse is a dwelling with
one dwelling unit from ground to roof, having individual outside access.
Rows of townhouses shall average seven dwelling units per building
with no more than eight dwelling units per building in any one row.
A townhouse may have common walls with two other dwelling units.
[b] Table of dimensional requirements.
|
Min. Lot Area/DU
(square feet)
|
Avg. Lot Area/DU
(square feet)
|
Off-Street Parking Spaces
|
Min. Lot Width
(feet)
|
---|
1 bedroom
|
1,500
|
1,600
|
1.75
|
18
|
2 bedroom
|
1,700
|
1,800
|
2.00
|
20
|
3 bedroom
|
1,900
|
2,000
|
2.00
|
22
|
4 bedroom
|
2,000
|
2,200
|
2.25
|
24
|
5 bedroom
|
2,200
|
2,400
|
2.50
|
26
|
NOTES:
|
---|
General:
|
---|
|
Minimum building setback lines:
|
---|
|
|
Street: 20 feet.
|
---|
|
|
Parking area: 20 feet.
|
---|
|
|
Pedestrian walk: 15 feet.
|
---|
|
Minimum building spacing: 30 feet.
|
[c] Rows of townhouse dwelling units
shall not be permitted with one common roof line 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 height or width of the unit, providing different
exterior materials on the facade, or changing the roof lines. Setbacks
shall vary from one dwelling unit to the next so that each is offset
from the adjoining unit by a minimum of two feet.
[6]
Two-family detached dwelling.
[a] A two-family detached dwelling
is a dwelling unit having a common floor or ceiling with another dwelling,
having independent outside access and open space on all sides.
[b] Table of dimensional requirements.
|
Min. Lot Area
(square feet)
|
Avg. Lot Area/DU
(square feet)
|
Off-Street Parking
(spaces/unit)
|
Minimum Lot Width At Building Setback
(feet)
|
---|
1 bedroom
|
6,400
|
3,600
|
1.75
|
36
|
2 bedroom
|
7,200
|
4,000
|
2.00
|
40
|
3 bedroom
|
8,000
|
4,500
|
2.00
|
40
|
4 bedroom
|
8,400
|
4,700
|
2.25
|
45
|
5 bedroom
|
9,000
|
5,000
|
2.50
|
45
|
NOTES:
|
---|
General:
|
---|
|
Building setback line: 20 feet.
|
---|
|
Minimum side yard: 10 feet.
|
---|
|
Minimum rear yard: 50 feet.
|
[7]
Patio house.
[a] The patio house is a dwelling with
one dwelling unit from ground to roof, having individual outside access.
The lot shall be fully enclosed by a wall at least seven feet high.
All living spaces, i.e., living rooms, den, and bedrooms, shall open
onto a major open area or patio. A patio house may have one wall in
common with one other dwelling unit. A two-car garage measuring no
more than 10 feet high may occupy the front yard.
[b] Table of dimensional requirements.
|
Minimum Lot Area/DU
(square feet)
|
Avg. Lot Area/DU
(square feet)
|
Off-Street Parking Spaces
|
Min. Lot Width
(feet)
|
---|
1 bedroom
|
2,800
|
3,000
|
1.75
|
40
|
2 bedroom
|
3,400
|
3,600
|
2.00
|
40
|
3 bedroom
|
3,800
|
4,000
|
2.00
|
40
|
4 bedroom
|
4,000
|
4,200
|
2.25
|
45
|
5 bedroom
|
4,200
|
4,500
|
2.50
|
45
|
NOTES:
|
---|
General:
|
---|
|
Maximum impervious surface ratio (on lot): 0.50%.
|
---|
|
Minimum patio area ratio (to lot area): 0.50%.
|
---|
|
Maximum height: 24 feet.
|
---|
|
Minimum patio dimension: 20 feet.
|
---|
|
Minimum building spacing: 20 feet.
|
---|
|
Minimum building setback: 20 feet.
|
[8]
Atrium house.
[a] The atrium house is a one story
high dwelling with individual outside access. The lot shall be fully
enclosed by a wall at least seven feet high. A private yard, herein
called an atrium, shall be included on each lot. All living spaces,
i.e., living rooms, den and bedrooms, shall open onto the atrium.
The atrium house may have common walls with two other dwelling units.
Rows of atrium dwelling units shall average seven dwelling units per
building with no more than eight dwelling units per building. A two-car
garage measuring no more than 10 feet high may occupy the front yard.
[b] Table of dimensional requirements.
|
Min. Lot Area/DU
(square feet)
|
Avg. Lot Area/DU
(square feet)
|
Off-Street Parking Spaces
|
Min. Lot Width
(feet)
|
---|
1 bedroom
|
1,200
|
1,375
|
1.75
|
35
|
2 bedroom
|
1,700
|
1,850
|
2.00
|
35
|
3 bedroom
|
1,950
|
2,100
|
2.00
|
40
|
4 bedroom
|
2,150
|
2,300
|
2.25
|
40
|
5 bedroom
|
2,300
|
2,500
|
2.50
|
40
|
NOTES:
|
---|
General:
|
---|
|
Maximum impervious surface ration (on lot):
0.65%.
|
---|
|
Minimum atrium area ratio (to lot area): 0.35%.
|
---|
|
Maximum height: 12 feet.
|
---|
|
Minimum atrium dimension: 16 feet.
|
---|
|
Minimum building spacing: 30 feet.
|
---|
|
Minimum building setback: 20 feet.
|
(6) (A6) Garden apartment. A multifamily dwelling having
three or more units and having not more than three stories.
(a)
Buffer yards. Buffer yards shall be required around all the boundaries of a site for garden apartments. The minimum buffer yard for a garden apartment is 20 feet. The buffer yard shall meet all the requirements of §
465-15M.
(b)
Building design standards. Maximum building
size shall be restricted to no more than 24 family units in any one
continuous structure, and there shall not be more than 12 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 three floors or levels may be used for dwelling
units or living quarters in any building.
(c)
Building orientation. The minimum horizontal
distance between facing walls of any two buildings on one lot or any
one building with facing walls shall be as follows:
[1]
Where both facing walls contain windows there
shall be three feet of horizontal distance for each one foot of average
height of the facing wall of the building with the greatest height,
but in no case less than 60 feet.
[2]
In all other cases there shall be one foot of
horizontal distance for each one foot of average height of the facing
wall of the building with the greatest height, but in no case less
than 25 feet.
(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 20 automobiles in capacity. Separate parking areas on a lot shall be physically separated from one another by ten-foot planting strips. The provisions of §
465-17A(6)(d)[1] and
[2] shall not apply if off-street parking is provided within the principal buildings or underground.
[3]
Ingress and egress to an off-street parking
lot shall be taken only from a primary access street collector road
or arterial highway as designated on the enclosed street classification
map. Where an apartment building is located on the corner of two streets
of different classification, ingress and egress shall be taken not
less than 80 feet from the property line corner, measured from the
centerline of the driveway entrance and always from the street of
lower classification. This provision shall apply even if the street
of lower classification is not a primary access street, collector
road or arterial; provided, that the other street is a primary access
street, collector road or arterial highway.
[4]
The Borough Council may require ingress and
egress on a second street if this will contribute to safety or lessen
congestion.
[5]
Maximum densities found in Table 465-18 may be increased 10% if not less than 50% of the required
off-street parking is provided within the principal buildings, underground
or in a parking structure.
(7) (A7) Midrise apartment. A multifamily dwelling of
four or more stories, containing 12 or more dwelling units, not having
party walls forming a complete separation between individual dwellings
but having a single common entrance and hallway system and provided
with an elevator. Such multiple dwellings shall be subject to the
following provisions:
(a)
Buffer yards. Buffer yards shall be required around all the boundaries of a site for midrise apartments. The minimum buffer yard for midrise apartments is 25 feet. The buffer yard shall meet all the requirements of §
465-15M.
(b)
Building orientation. The provisions of §
465-17A(6)(c) shall apply to midrise apartments.
(c)
Off-Street parking design requirements. The provisions of §
465-17A(6)(d) shall apply to all midrise apartments.
(8) (A8) Senior citizens housing. A multifamily dwelling
of more than three stories which is designed and used for Federally
assisted or State assisted housing for the elderly as defined in national
housing legislation, the Pennsylvania Housing Finance Agency Law or
similar Federal or State statutes, or for other subsidized housing
for the elderly sponsored by a nonprofit organization.
(a)
Buffer yards. Buffer yards shall be required around all the boundaries of a site for senior citizens housing. The minimum buffer yard for senior citizens housing is 25 feet. The buffer yard shall meet all the requirements of §
465-15M.
(b)
Building orientation. The provisions of §
465-17A(6)(c) shall apply to all senior citizens housing.
(c)
Off-street parking design requirements. In order
to prevent the establishment of a greater number of parking spaces
than are actually required, the Borough Council, after consulting
with the Borough Planning Commission and Borough Engineer, may permit
a deferment of parking requirements if the following conditions are
satisfied:
[1]
The design of the parking lot must provide for
the full requirement of one parking space for every two dwelling units.
[2]
The Borough Council may agree to defer construction
of 30% of the full requirement.
[3]
The deferred parking area shall not include
areas for required buffer yards, setbacks, or areas which would otherwise
be unsuitable for parking spaces due to the physical characteristics
of the land or other requirements of this chapter. This parking area
which is reserved shall be located and have characteristics so as
to provide amendable open space should it be determined the additional
parking spaces are not required. The developer shall provide a landscaping
plan for the deferred area with the land development plan.
[4]
Prior to the issuance of a building permit,
the developer shall enter into a written agreement with the Borough
Council that, one year after the building is 95% occupied, the additional
parking spaces shall be provided at the developer's or owner's expense
should they be determined necessary to satisfy the need of the senior
citizens' housing development.
[5]
Upon reaching agreement, the developer or owner
shall post a performance bond or other securities to cover the expense
of a traffic study to be undertaken by a registered traffic engineer
of the Borough Council's choosing who shall determine the advisability
of providing the full parking requirement. With recommendations of
the traffic engineer, the Borough Engineer and the Borough Planning
Commission, the Borough Council shall determine if the additional
spaces shall be provided by the developer or if the area shall remain
as open space.
(9) (A9) Rooming house. A dwelling used for the housing
of two roomers, boarders, lodgers or tourists is subject to the following
conditions:
(a)
Fire detection devices approved by the Underwriters
Laboratories which signal the existence of smoke or heat shall be
installed in all sleeping rooms, and stairwells and also near heating
equipment and flammable liquids storage areas. The signal shall be
loud enough to awaken sleeping guests.
(b)
Rooming houses of more than two stories in height
shall be equipped with an emergency fire escape constructed of nonflammable
materials.
(c)
The lot area per room shall not be less than 500 square feet in addition to the lot area required for the principal dwelling. NOTE: Facilities for more than two roomers, boarders, lodgers or tourists shall be considered commercial facilities and shall fall under §
465-17D(11).
(10)
(A10) Dwelling in combination with a permitted
commercial use. One dwelling unit that is part of the structure, which
includes one nonresidential use, under one ownership.
[Amended 11-18-2019 by Ord. No. 1026]
(a)
Nonresidential use shall include C2 Business office, D2A Downtown
commercial retail, and D3 Downtown personal service.
(b)
The residential unit cannot be located on the first floor of
the building.
(c)
The total area of residential uses shall not exceed 60% of the
total building area.
(11)
(A11) Mobile home. A single-family detached dwelling as defined in Article
II, which is designed for and used for occupancy exclusively by one family having only one dwelling unit from ground to roof and having independent outside access and open space on all sides.
(12)
(A12) Farmstead. A single-family detached dwelling
together with barns, other accessory buildings and land used for agricultural
production.
(13)
(A13) No-impact home-based business.
[Added 10-18-2004 by Ord. No. 943]
(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 of 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.
(i)
Such permission shall not supersede any deed
restriction, covenant or agreement restricting the use of land, nor
any master deed, bylaw or other document applicable to a common interest
ownership community.
(14)
(A14) Bed-and-breakfast.
[Added 10-18-2004 by Ord. No. 943]
(a)
Permitted only in a single-family detached dwelling.
(b)
No alteration of the appearance of the building
to detract from its principal purpose as a residential structure,
except for safety purposes. There shall be one off-street parking
space provided for each guest room and one off-street parking space
provided for each employee, resident manager or owner; and any other
applicable borough or state regulations.
(c)
The minimum lot size shall be the same as that
required of a single-family dwelling in the zoning district in which
this premises is located.
(d)
No guest shall be housed for more than 14 consecutive
nights; there shall be no monthly rates for rental or rooms nor shall
dwelling be used as a permanent residence for guest tenants. Only
the bona fide owner of the property or full-time manager may reside
permanently or full-time at site
(e)
No more than five guest rooms, accommodating
maximum total of 10 persons shall be provided.
(f)
Breakfast shall be the only meal served. This
service must occur before 11:00 a.m. Meals shall only be offered to
registered guests, and no guest room shall have its own separate cooking
facility:
(g)
Other amenities including, but not limited to,
swimming pools, porches, decks or activities shall be limited to registered
guests only.
(h)
All local and state regulations regarding all
applicable permits and building/zoning permits and licenses must be
complied with.
(i)
The applicable sign requirements of this chapter
shall also apply.
(j)
All guests shall be required to register upon
arrival, stating their names, current residence address and the license
number, make and model of vehicle.
(k)
Common space area for living-room and dining-room
facilities for guests shall be provided, and onsite kitchen facilities
meeting Department of Health regulations for guest food preparation.
One full bathroom with sanitary and bathing facilities shall be provided
for every two guest rooms.
(15)
(A15) Riverview Neighborhood (RN) A planned
development of residential and business uses shall be allowed as provided
for herein and in the Table of Land Uses, subject to the following provisions:
[Added 10-17-2005 by Ord. No. 947]
(a)
Key design elements.
[1]
Neighborhoods shall promote a more compact,
integrated and sustainable development pattern, and shall have the
following key design elements:
[a] Core and peripheral areas. Core
areas are intended to serve a mix of nonresidential and residential
uses in a compact, seamless arrangement. Peripheral areas are more
residentially oriented, permitting only supporting nonresidential
uses, such as corner stores and small offices at key neighborhood
locations.
[b] Mix of uses. Combines residential,
civic, recreational, commercial, and green space uses in a diversified,
planned setting. A mix of uses also encourages first floor retail
with second floor dwellings and/or offices and live-work units to
create walkable, energetic neighborhoods.
[c] Building types. Focuses on buildings
designed by type not solely by function, to allow for adaptations
and changes in use (e.g., from dwelling to shop to work place to civic).
Building types are most appropriate when they express the regional
style and do not attempt to mimic architectural themes inappropriate
to the locality.
[d] Park and green space land. Parks
and green space anchor the neighborhood and provide public gathering
places. Parks and green space in their natural state provide a balance
with the built environment; they can be distributed within the neighborhood
or provide a green edge of green space to help shape the neighborhood.
[e] Network system of interconnecting
streets. A good street network organizes a block and pattern of lots,
integrates with lanes, alleys, neighborhood streets, and links to
pedestrian and other transportation systems. The width of streets
should be designed to create outdoor rooms between street trees and
buildings.
[f] On-street, parallel parking. Provides
a separator between vehicular and pedestrian traffic and promotes
effective traffic calming by slowing down the speed of vehicles, especially
along narrower streets.
[g] Shallow setbacks. Shallow setbacks
help to create "outdoor rooms," with two- to three-story buildings
that are typically from 60 to 85 feet across from one another. Shallow
setbacks promote a human scale relationship for the pedestrian by
allowing easy access to entrances from the sidewalk.
[h] Front porch/portico/entry. Serve
as a transition element from the private realm of the building to
public realm of the sidewalk and street. They provide shade, create
a cozy space to sit, read, relax, and provide an outdoor room to greet
and socialize with neighbors.
[i] Sidewalks/crosswalks/paths/walkways.
A human scale transportation network that links uses, buildings, neighborhoods
and communities together and provides close to home opportunities
for exercise.
[j] Street and shade trees. Provide
the canopy plane to provide a wall and ceiling to the outdoor room.
Street and shade trees provide shade in the summer, reduce glare and
heat from the pavement, filter out air pollutants, reduce noise and
increase property values.
[k] Street infrastructure. Includes
pedestrian-scaled fences hedges, walls, street lamps, benches, gazebo,
pavilion, pergola, monuments or like features.
[l] Public access to the Delaware River.
Pedestrian access to the Delaware River waterfront in the form of
a riverwalk or other public facilities, allowing the public to enjoy
the river's resources.
(b)
Use and development type regulations.
[1]
Development types. Permitted uses shall be based
on the initial tract size. A minimum tract size of 10 acres is required
under the provisions of the RN District.
[a] Core area. Tract size 25 or more
acres.
[b] Peripheral area. Tract size 10
to 25 acres.
[2]
The following uses shall be permitted under
core area and peripheral area, provided that all detailed design standards
of § 465-A(15)(d), (e) and (f) are met:
[a] Core area. Core area shall permit
a mix of uses as required in the use mix portion of this chapter.
[i] Adaptive reuse of existing buildings, including multifamily residential, live-work units as described in §
465-17A(15)(b)[2][a][iv], and indoor entertainment and recreation facilities (D13).
[ii] Civic uses such as library or
museum (B4), community center buildings (B5), day nursery (B6), government
sponsored recreation (B7), municipal park (B13), natural land preserve
(B14), and walking trail (B15).
[iii] Small commercial buildings, limited to uses such as retail shop (D2) (corner store, bakery, gift shop, newsstand or flower shop), financial establishment (D4), restaurant (D5) (coffee shop, cafe, bistro or deli) which are permitted under §
465-17D of this chapter, travel agency, barber, and full-service salon and spa, which may include nail salon services, but may not be wholly devoted to nail salon services, of less than 3,000 square feet of gross floor area per use or leasehold, provided that they are designed to be compatible with and limited to the convenience of the surrounding neighborhood.
[iv] Live-work units, subject to the
following conditions:
[A] Occupations permitted include accountants;
architects; artists and artisans; attorneys; computer software and
multimedia-related professionals; consultants; engineers; fashion,
graphic, interior and other designers; insurance, real estate and
travel agents; photographers and similar occupations.
[B] No portion of live/work unit may
be separately rented or sold as a commercial space for a person or
persons not living on the premises, or as a residential space for
a person or persons not working on the premises.
[C] Each live-work unit shall have
adequate and clearly defined working space, constituting not less
than 50% of the gross floor area of the live-work unit. Each unit
must also be equipped with an enclosed bathroom containing a bathroom
sink, water closet and shower, and kitchen with stove and oven.
[D] A maximum of one employee (other
than the unit owner) may be permitted to work in the unit at any given
time.
[E] Live-work units must comply with the general performance standards of §
465-15 for residential districts.
[F] A minimum of one off-street loading
area shall be provided for every 50,000 gross square feet of space
occupied by live-work units. No off-street loading area shall be required
for any live-work building that contains less than 5,000 gross square
feet of space occupied by live-work units.
[v] A range of dwelling-unit types
including owner-occupied multifamily, single-family attached, single-family
and semidetached units.
[vi] Offices limited to uses permitted under §
465-17C of this chapter, medical office (C1) or business office (C2), provided that they are designed to be compatible with the residential neighborhood.
[vii] Water-related recreational uses,
including fishing piers, marinas and boat rentals, subject to the
design requirements of § 465-A(15)(e)[2].
[ix] No-impact home-based business (A13), in accordance with §
465-17A.
[b] Peripheral area. Peripheral area
shall be a residentially oriented neighborhood, but shall permit nonresidential
uses as permitted in the use mix portion of this chapter.
[i] A range of dwelling-unit types
including owner-occupied multifamily, single-family attached, single-family,
and semidetached units.
[ii] Small commercial buildings, limited to uses such as retail shop (D2) (corner store, bakery, gift shop, newsstand, or flower shop) financial establishment (D4), restaurant (D5) (coffee shop, cafe, bistro, or deli) which are permitted under §
465-17D of this chapter, travel agency, barber and full-service salon and spa, which may include nail salon services, but may not be wholly devoted to nail salon services, of less than 2,000 square feet of gross floor area per use or leasehold, provided that they are designed to be compatible with and limited to the convenience of the surrounding neighborhood.
[iii] Offices limited to uses permitted under §
465-17C of this chapter, medical office (C1) or business office (C2), provided that they are designed to be compatible with the residential neighborhood.
[v] Home occupation (I1), in accordance with §
465-17H.
[vi] No-impact home-based business (A13), in accordance with §
465-17A.
[3]
The following uses shall be permitted as accessory
uses in both core areas and peripheral areas:
[a] Accessory uses that are clearly
incidental to the uses permitted by right, such as parking, residential
accessory structures or nonresidential accessory structures, provided
that storage sheds are not permitted; and further provided that all
accessory structures meet all setback requirements of principal buildings
and structures.
[b] Temporary outdoor dining area,
as an accessory use to small commercial buildings, provided that the
use is located within sidewalk areas that are 15 feet in width or
greater, seating is provided for not more than 12 customers and the
following conditions are met:
[i] Outdoor dining areas shall have
a continuous, unobstructed pathway five feet in width between the
seating area and any obstacle (e.g., tree pole, post, sign, or planting
area).
[ii] No sidewalk dining area shall
be situated within five feet of any pedestrian crossing, fire hydrant,
driveway, curbline, or in a manner which visually obstructs vehicular
traffic sightlines, traffic control devices or signs.
[iii] No outdoor dining area may be
permanently located within the sidewalk area by means of a raised
platform, fence, wall or other structures or enclosed by a fixed wall.
[iv] No outdoor speakers or music shall
be allowed.
[v] Outdoor tables, chairs, furniture
and decorative items shall be of uniform design and shall be removed
from public property November 1 through March 31.
[vi] Provisions shall be made for adequate
litter and trash control including the provision and maintenance of
trash receptacles. The outdoor area shall be kept clean and free of
debris at all times.
[vii] Restaurant service equipment
shall not be permitted outdoors.
[viii] The seating shall not obstruct
any entry or exit way of the building or adjacent buildings.
[ix] Hours of sidewalk use are limited
from 7:00 a.m. to 10:00 p.m.
[x] Provision shall be made for appropriate
lighting which will not disturb adjacent property or affect traffic
on adjacent rights-of-way.
[4]
All dwellings shown on the initial approved
plan shall not be converted to nonresidential use.
(c)
Use composition, dwelling unit composition,
and density.
[1]
Core area.
[a] Use composition. Nonresidential
development in the core area shall comprise at least 25% of the total
tract area and may comprise up to 45% of the total tract area exclusive
of the area of perimeter street rights-of-way, subject to the following:
[i] Commercial uses, inclusive of live-work
units, shall comprise from 10 to 18% of the total tract area.
[ii] Civic uses, as defined above [not
including government sponsored recreation (B7), municipal park (B13),
natural land preserve (B14) and walking trail (B15)] shall comprise
from 2% to 7% of the total tract area.
[iii] Office uses shall comprise from
13 to 20% of the total tract area.
[b] Dwelling unit composition. A mix
of dwelling unit types shall be achieved, using the following minimum
or maximum percentages:
[i] Owner-occupied multifamily: 25%
minimum to 60% maximum of total units.
[ii] Single-family attached: 10% minimum
to 45% maximum.
[iii] Single-family semidetached: 5%
minimum to 30% maximum.
[iv] A maximum of 10% of the above
units may function as live-work units, with the exception of adaptive
reuse of existing buildings, where the reuse of an existing building,
at the discretion of Borough Council, may provide up to a 20% bonus
of live-work units above the 10% maximum.
[2]
Peripheral area.
[a] Use composition. Nonresidential
development in the peripheral area shall comprise a maximum of 5%
of the total tract area exclusive of the area of perimeter street
rights-of-way, subject to the following:
[i] Commercial uses, inclusive of live-work
units, shall comprise from zero to 2% of the total tract area.
[ii] Office uses shall comprise from
zero to 3% of the total tract area.
[b] Dwelling unit composition. A mix
of dwelling unit types shall be achieved, using the following minimum
or maximum percentages:
[i] Owner-occupied multifamily: 25%
minimum to 45% maximum of total units.
[ii] Single-family attached: 25% minimum
to 60% maximum.
[iii] Single-family semidetached: 5%
minimum to 30% maximum.
[iv] A maximum of 10% of the above
units may function as live-work units, with the exception of adaptive
reuse of existing buildings, where the reuse of an existing building,
at the discretion of Borough Council, may provide up to a 20% bonus
of live-work units above the 10% maximum.
[3]
Density. The density for residential dwelling
units in both core and peripheral areas shall not exceed eight dwelling
units per gross acre inclusive of any live-work unit(s).
(d)
Dimensional requirements.
[1]
Streetscape.
[a] The most critical dimension in
the Riverview Neighborhood District is the width of the streetscape
from building walls on one side of the street to building walls on
the opposite side of the street.
[i] The streetscape width shall be
in the range from 60 to 75 feet for nonresidential building streetscapes
and 70 to 85 feet for residential building streetscapes.
[ii] Where buildings parallel or encircle
a green space the streetscape width may be wider as a function of
the width of an approved green space.
[2]
Building setback for principal buildings.
[a] Front or side yard from a street
or alley: six-foot minimum; twenty-five-foot maximum.
[b] Front or side yard from streets
along the tract perimeter: ten-foot minimum; thirty-foot maximum.
[3]
Side yards for principal buildings.
[a] Six-foot minimum; twelve-foot aggregate.
[b] Twelve-foot minimum building separation
distance in the case of development where individual lots are not
created, such as a condominium development.
[4]
Rear yards for principal buildings.
[a] Eighteen-foot minimum yard setback.
[b] Eighteen-foot minimum building
setback from street or alley edge in the case of development where
individual lots are not created, such as a condominium development.
[c] Thirty-six-foot minimum building
separation distance where individual lots are not created, such as
a condominium development and in the case where there is no street
or alley between buildings that do not have conventional lots.
[5]
Single-family semidetached twin or duplex dwellings.
[a] Minimum lot area: 2,500 square
feet per unit.
[b] Minimum lot width at the minimum
building setback line: 25 feet.
[c] Front or side yard from a street
or alley: fourteen-foot minimum; twenty-five-foot maximum.
[d] Interior side yard: six-foot minimum.
[e] Rear yard: eighteen-foot minimum.
[f] In the case where individual lots
are not created, such as a condominium development, an equivalent
lot area, lot width and yard dimensions shall apply.
[g] Maximum building height: 35 feet
or approximately 2 1/2 stories.
[6]
Single-family attached dwellings.
[a] Minimum lot area: 1,800 square
feet.
[b] Minimum lot width at the minimum
building setback line: 20 feet.
[c] Front or side yard from a street
or alley: fourteen-foot minimum; twenty-five-foot maximum.
[d] Building separation: The end units
of a row of single-family attached buildings shall be separated by
a minimum of 15 feet.
[e] Rear yard: eighteen-foot minimum.
[f] In the case where individual lots
are not created, such as a condominium development, an equivalent
lot area, lot width and yard dimensions shall apply.
[g] Maximum building height: 35 feet
or approximately 2 1/2 stories.
[h] The ground floor shall be at least
two feet above sidewalk grade for privacy purposes.
[7]
Multifamily dwellings.
[a] Maximum building length: 120 feet.
[c] Front or side yard from a street
or alley: nine-foot minimum; twenty-foot maximum.
[d] Building separation: twenty-foot
minimum for buildings with residential uses only; zero feet for mixed-use
buildings.
[e] Front or side yard from streets
along the tract perimeter: ten-foot minimum; thirty-foot maximum.
[f] Maximum building height: 65 feet
or approximately six stories, including parking decks. Stories above
the third story must be set back 10 feet from the first three stories.
[8]
Small commercial buildings.
[a] Minimum lot area: 5,000 square
feet.
[b] Minimum lot width: 45 feet.
[c] Front or side yard from a street
or alley: nine-foot minimum; twenty-foot maximum.
[d] Front or side yard from streets
along the tract perimeter: ten-foot minimum; thirty-foot maximum.
[9]
All other nonresidential uses.
[a] Minimum lot area: 10,000 square
feet.
[b] Minimum lot width at the minimum
building setback line: 65 feet.
[c] In the case where individual lots
are not created, such as a condominium development, an equivalent
lot area and lot width shall apply.
[d] Front or side yard from a street
or alley: nine-foot minimum; twenty-foot maximum.
[e] Front or side yard from streets
along the tract perimeter: ten-foot minimum; thirty-foot maximum.
[f] Maximum building height: 65 feet
or approximately six stories, including parking decks. Stories above
the third story must be set back 10 feet from the first three stories.
[10] Building coverage.
[a] Maximum overall site building coverage:
35%.
[11] Impervious surface coverage.
[a] Maximum overall site impervious
surface coverage: 70%.
(e)
Detail design standards.
[1]
Green space requirements.
[a] A variety of green spaces shall
be designed to complement residential and nonresidential development.
A minimum of 20% of the total site area shall be designated as green
space, exclusive of any stormwater management facilities or areas.
[b] Green space shall take on the form
of a public square, park, parklet, green, playfield, playground, buffer,
resource protection area or approved landscaped area, in accordance
with a landscape plan. At least 7.5% of the total site area shall
be devoted to parks, greens, playgrounds and squares.
[c] Green spaces shall be at least
2,000 square feet in area in order to count toward the 20% minimum
requirement.
[d] Green space shall be owned and maintained in a form that is in accordance with §
465-16, Open space standards. All green space shall be subject declaration of covenants, easements and restrictions in a form that is acceptable to the Borough Solicitor.
[2]
Riverfront design requirements.
[a] For all proposals located adjacent to the Delaware River, an average setback of 300 feet from the riverbank (at its mean high tide) shall be required, with a minimum setback of 100 feet. Excepting permitted water-related uses permitted under §
465-17A(15)(b)[2][a][vii], areas within this setback shall remain in 100% green space. For green space areas within the riverfront setback, only 25% of this land shall count toward the 20% total site requirement of §
465-17A(15)(e)[1][a].
[b] Where permitted water-related uses
are proposed, 70% of areas located within the required setback shall
remain in usable green space. A maximum of 30% of this area may comprise
private or public water-related uses.
[c] For all permitted water-related uses, an area of public access shall be designated, provided that such public access can be designed or located so as to be compatible with the proposed use. The public access area shall be parallel to the high tide line, shall be located not more than 100 feet distant from the high tide line, and shall be of a width suitable to permit public viewing of the water. Regardless of its location, the public access shall be connected to a public street by a public right-of-way having a minimum width of five feet. Areas dedicated to public access do not count against the green space requirement of §
465-17A(15)(e)[2][b].
[3]
Streets, alleys and accessways.
[a] Streets, alleys and accessways
shall form an interconnected vehicular circulation network to the
maximum extent possible. The street network shall be connected to
the existing streets, unless the Planning Commission determines that
topography, requirements of traffic circulation or other considerations
make such connections impractical.
[b] All streets shall be sufficient
in width to provide for on-street parking on at least one side. An
on-street parking space shall measure at least eight feet wide by
22 feet long when parallel to the curbline.
[c] Streets with on-street parking
on one side shall be 28 feet in width (with two ten-foot travel lanes,
and one eight-foot parking bay).
[d] Streets with on-street parking
on both sides shall be 36 feet in width (with two ten-foot travel
lanes, and two eight-foot parking bays).
[e] Alleys shall be provided to enable
buildings to be placed closer to the street and move vehicular access
to the rear of buildings to the maximum extent possible, moving garage
doors and curb cuts away from the frontage streetscape.
[f] Alleys that are two-way and proposed
for dedication to the Borough shall be at least 16 feet in width.
Alleys that are two-way and not proposed for dedication to the Borough
may be reduced to 14 feet in width.
[g] Alleys that are one-way and not
proposed for dedication shall be at least 12 feet in width.
[h] All one-way accessways and driveways
shall be at least nine feet in width.
[4]
Curb cuts, driveways, and garages.
[a] Garages, driveways and/or parking
lots shall not be the dominant aspect of the building design and/or
the streetscape as viewed from the street.
[b] To the maximum extent possible
as determined by Borough Council, garages shall be accessed from an
alley. In those places where alleys are not possible to service development
as determined by Borough Council, curb cuts may be permitted, provided
that the garage door is recessed at least 18 feet from the front facade;
and further provided that no more than 10% of the total number of
dwelling units are accessed by such curb cuts.
[c] Where garages are accessed from
an alley and a parking apron is provided perpendicular to an alley,
such garage shall be 18 feet from the edge of the alley.
[d] Where garages are accessed from
an alley and a parking apron is provided parallel to an alley, such
garage shall be eight feet from the edge of the alley.
[e] Garages for residential dwelling
units shall meet one of the following design options, listed in the
order of preference for the neighborhood:
[i] The garage is rear entry, such
that garage doors are on the opposite side of the house from the front
facade, preferably accessed from an alley.
[ii] The garage is located behind the
rear facade of the house. Such garage may be detached from or attached
to the dwelling, and the garage doors may face any direction.
[iii] The garage is front-entry and
recessed at least 18 feet from the front facade (excluding any porches
or decks) of the building. When residential garages face a street,
the garage shall comprise no more than 25% of the total area of the
front facade elevation of a dwelling unit, measured from ground level
to the lower edge of the roof A garage door facing a street shall
not exceed a width of 12 feet.
[iv] The garage is side entry, such
that garage doors are perpendicular or radial to the street that the
front facade faces.
[5]
Sidewalks and pathways.
[a] Core area.
[i] Any block with building(s) of three
stories or more in height shall have sidewalks of at least 15 feet
in width (including areas for street trees).
[ii] Sidewalks of at least five feet
in width shall be constructed and maintained along all other streets.
[b] Peripheral area.
[i] Sidewalks of at least five feet
in width shall be constructed and maintained along all streets.
[ii] Pathways of at least five feet
in width shall be constructed and maintained to link to existing off-site
pathways and to enhance the use of green areas as required by Borough
Council.
[6]
Street trees and other landscaping.
[a] Street trees suitable for urban
conditions of small or medium height as listed in Street Tree Factsheets,
Penn State College of Agricultural Sciences, shall be planted along
all streets in a minimum four-foot diameter planting area at a maximum
average spacing of 30 feet on center. The trees shall have a minimum
caliper of 2 1/2 inches at the time of planting.
[b] Trees shall be arranged and maintained
at intersections and alley entrances to provide adequate visibility,
avoiding conflicts between vehicles, bicycles and pedestrians as recognized
by American Association of State Highway and Transportation Officials
Guidelines.
[7]
Buildings and neighborhood design.
[a] Commercial and office use.
[i] Blank walls shall not be permitted
along any exterior wall facing a street, parking area or walking area.
Exterior walls in these locations shall have architectural treatments
that are the same as the front facade, including consistent style,
materials, fenestration and details.
[ii] The ground floor shall have door(s)
and windows, covering at least 50% of the front facade. Dwelling units
can be constructed above the ground floor.
[b] Civic uses.
[i] Civic buildings should be located
at prominent locations or serve as landmarks in the neighborhood,
particularly at such focal points as the end of a street axis.
[c] Residential uses.
[i] Single-family attached dwelling
units should have an area for an entry or front stoop and landscaping
between the building and sidewalk.
[8]
Parking and parking lots.
[a] Parking shall be located on-street
to the maximum extent possible to maintain the streetscape appearance,
and to serve as an insulator between moving vehicles and pedestrians
walking along the adjoining sidewalks.
[b] Parking lots shall be located to
the rear or sides of buildings. Side parking lots shall account for
no more than 25% of parking, and shall be screened from sidewalks
by a combination of pedestrian-level walls, fences, trees or landscaping.
[c] Parking facilities shall not be
the dominant aspect of the building design and/or the streetscape
as viewed from the street. Parking lots shall not abut a street intersection,
the front yards of multifamily, civic buildings, shall not be adjacent
squares or parks (unless providing parking for such parks), and shall
not occupy space which terminates a T-intersection within the district
or similar prominent point.
[d] Live-work units shall have the parking ratio as required for a dwelling, as provided in Article
VI, Off Street Parking and Loading.
[e] Parking ratios for all other uses shall also be in accordance with Article
VI, Off Street Parking and Loading. However, if Article
VI imposes an excessive standard, the applicant can reduce this requirement through joint use provision of §
465-39E.
[f] In the case of commercial or office
uses which have shop fronts adjacent to streets, the on-street parking
directly in front of the lot shall count toward fulfilling the parking
requirement.
[g] All parking areas shall incorporate
landscaping such as shade trees or similar elements.
[9]
Off-street loading areas, outdoor storage and
trash disposal areas.
[a] Nonresidential uses shall meet
the following requirements:
[i] All loading areas and loading docks
shall be located to the sides and rears of buildings. Loading docks
shall not be visible from public streets.
[ii] Outdoor storage or display of
materials shall not be permitted.
[iii] Trash disposal areas shall be
located within buildings or within an opaque screened area that completely
hides the trash and is located to the side or rear of the building.
All outdoor trash disposal areas shall be set back at least 25 feet
from residential property lines.
(f)
Other requirements.
[1]
All buildings within the development shall be
served by a public water supply and public centralized sewage disposal
system.
[2]
All public utility lines and similar facilities
servicing the proposed development and its area shall be installed
underground and electric transformers shall be installed underground
or within the walls of a completely enclosed building.
[3]
If the development is to be carried out in phases,
each phase shall be so planned that the intent of this chapter shall
be fully complied with at the completion of any phase. Any phased
development shall be fully described and defined on the subdivision
or land development plan.
[4]
All streets and alleys whether public or private
shall have a right-of-way. The right-of-way width for alleys may be
the same width as the paved area.
(g)
Relationship to other ordinance provisions.
[1]
The regulations in this §
465-17A(17) shall take precedence over other provisions of this chapter to the extent that this §
465-17A(17) specifies additional or varied requirements. Otherwise all applicable sections of this chapter and Chapter
390, Subdivision and Land Development, shall apply.
(16)
(A16) Live-work unit. A live-work unit is a combination of a
dwelling unit and business space, such as a shop or office that is
open to the public for retail trade or personal or professional services,
subject to the following conditions:
[Added 11-18-2019 by Ord.
No. 1026]
(a)
Occupations permitted include: accountants, architects, artists
and artisans, attorneys, computer software and multimedia-related
professionals, consultants, engineers, planners, fashion, graphic
or interior and any other designers, insurance, real estate and travel
agents, photographers, and similar occupations.
(b)
Each live-work unit shall have adequate and clearly defined
working space, constituting a maximum of 50% of the gross floor area
of the live-work unit. Each unit must also be equipped with a kitchen
with a stove and oven, and an enclosed bathroom containing a bathroom
sink, toilet, and shower. The working and living spaces must be occupied
entirely by the owner or renter and cannot be individually leased
or sold.
(c)
A maximum of four employees (the unit owner and three employees)
may be permitted to work in the unit at any given time.
(d)
A live-work unit may be in a separate building by itself or
in a building with a combination of other uses. When combined with
other uses in a mixed-use building, it is considered a residential
use.
(17)
(A17) Mixed-use structure: a building with nonresidential uses
and/or residential amenity uses on the ground floor and multifamily
residential uses on one or more upper levels. In a mixed-use building,
commercial, office, and/or residential uses shall be permitted in
a building on one lot.
[Added 11-18-2019 by Ord.
No. 1026]
(a)
Permitted commercial and office uses shall be limited to the
following:
[2]
(A10) Dwelling in combination with a permitted commercial use.
[5]
(D2A) Downtown commercial retail.
[6]
(D3) Downtown personal service.
[8]
(D6) Fast service eating establishment.
[9]
(D12) Cultural and entertainment.
[11] (D18) Brewery, winery, or distillery.
[12] (D19) Tavern, wine bar, or brewpub.
(b)
Where residential and office uses are proposed, they shall be
on the second and third floors of a mixed-use structure, if possible.
Nonresidential uses shall be on the first and second floors only.
Residential uses shall occupy at least 75% of the second floor of
mixed-use buildings.
(c)
All permitted uses associated with a mixed use shall be conducted
within a completely enclosed building unless expressly authorized.
This requirement does not apply to required parking or loading areas,
automated teller machines or outdoor seating.
(d)
The applicant shall demonstrate that adequate parking is available on- and off-street to serve a mixed-use structure, in accordance with parking requirements of §
465-43.
(e)
This does not include a hookah lounge, vape store, or retail
stores where more than 25% of sales are from tobacco or tobacco-related
products.
B. Institutional, recreational, and educational uses.
(1) (B1) Place of worship.
(a)
Housing for religious personnel shall meet the
minimum requirements of the appropriate housing type in the district.
(b)
Buffer yards shall be provided in accordance with §
465-15M, Buffer yards.
(c)
Parking shall be provided in accordance with §
465-38, Off-street parking requirements.
(2) (B2) School; public, private, religious, denominational,
sectarian and non-sectarian. Not conducted as a private gainful business.
(a)
Housing for students, faculty or personnel must
meet the standards for housing in the district in which the housing
is located.
(b)
Buffer yards shall be provided in accordance with §
465-15M, Buffer yards.
(3) (B3) School; trade or commercial. Such as a music
or dancing school.
(a)
Parking shall be provided in accordance with §
465-38, Off-street parking requirements.
(b)
Buffer yards shall be provided in accordance with §
465-15M.
(4) (B4) Library or museum. Art galleries, libraries or
museums, open to the public or connected with a permitted educational
use and not conducted as a private gainful business.
[Amended 11-18-2019 by Ord. No. 1026]
(a)
Buffers shall be provided in accordance with §
465-15M, Buffer yards, where this use abuts a residential district.
(5) (B5) Community center, adult education center, or
other similar facility. Operated by an educational, philanthropic,
or religious institution subject to the following additional provisions:
(a)
The use shall not be conducted as a private
gainful business.
(b)
Outdoor play areas shall be sufficiently screened in accordance with §
465-15M(3) and (4) and sound insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
(6) (B6) Day nursery, nursery school, kindergarten, or
other agency giving day care to children. Subject to the following
additional provisions in residential districts:
(a)
The use shall be conducted in a building designed
for residential occupancy.
(b)
Outdoor play areas shall be sufficiently screened in accordance with §
465-15M(3) and (4) and sound insulated so as to protect the neighborhood from inappropriate noise and other disturbance.
(7) (B7) Recreational facility owned or operated by the
Borough or other government.
(8) (B8) Recreation facility owned or operated by a non-government
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 minimum front yard required by Table
465-18 for the district in which the facility is located.
(c)
Outdoor play areas shall be sufficiently screened
in accordance with § 465-15M(4) and (5) and sound insulated
so as to protect the neighborhood from inappropriate noise and other
disturbance.
(9) (B9) 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 only.
(c)
Off-street parking shall be provided in accordance with §
465-38.
(d)
Buffer yards shall be provided in accordance with §
465-15M.
(10)
(B10) Orphanage, halfway house, nursing home,
or other licensed establishment for the care of sick, aged, crippled,
or convalescent persons. Subject to the following additional provisions:
(a)
A lot area of not less than one acre shall be
required.
(b)
A lot area of not less than 500 square feet
per bed shall be required for establishments providing long term care.
(c)
Buffer yards shall be provided on the side and rear lot lines, be at least 10 feet in width and meet the requirements of §
465-15M.
(d)
The term "halfway house" means a facility which provides community
living arrangements for persons with emotional, alcohol or drug-related
problems and who are receiving rehabilitative therapy and/or counseling.
The residents live in a facility for a short period of time, usually
three to 12 months. This use shall not include roomers, boarders,
lodgers, members of a family [except those protected as suffering
from a "handicap" under the provisions of Section 3602(h) and Section
3604 of the Fair Housing Act] or any use otherwise defined, described or regulated
in this chapter.
[Added 11-19-2012 by Ord.
No. 994]
(11)
(B11) Medical center. A group of facilities
providing health services such as hospitals, health clinics, medical
research facilities including accessory medical research laboratories,
outpatient departments, training facilities, medical offices of more
than three doctors, central service facilities operated as an integral
part of the facility and commercial uses supplementary to it. Provided:
(a)
Lot and parking requirements are met for hospital,
medical office and laboratory (Uses B11 and C1) to the extent to which
each type is represented at the medical center.
(b)
Ten-foot buffer yards shall be provided on the side and rear lot lines of all medical centers. Buffer yards shall meet the requirements of §
465-15M.
(c)
Vehicular access shall be located within 500
feet of an intersection of a collector or arterial street as illustrated
on the Highway Classification Map, amended.
(12)
(B12) Municipal administrative facility. Owned
or operated by the Borough or any Borough board, municipal authority,
commission or agency.
(13)
(B13) Municipal park. Owned or operated by the
Borough, or any Borough board, municipal authority, commission or
agency.
(14)
(B14) Natural land preserve. Land intended to
be left in a natural state, subject to the following additional provisions:
[Added 6-17-2002 by Ord. No. 920]
(a)
The use shall not be conducted as a private
gainful business.
(b)
The Morrisville Environmental Advisory Council
shall develop criteria for the establishment of any naturalizing,
landscaping, erosion control, fencing or walls; such criteria shall
not allow structures which are disruptive to plants or wildlife, and
shall only provide for safe access and prevention of encroachment.
(c)
All naturalizing, landscaping, erosion control,
fencing and wall plans must be reviewed by the Morrisville Environmental
Advisory Council, which shall supply a recommendation on any such
plan for Borough Council approval.
(d)
Naturalizing, landscaping, erosion control,
fencing and wall plans shall only be implemented if needed to preserve
and protect the plant or wildlife habitat, to remove invasive species
that if unchecked could threaten the natural character of the land,
to facilitate the propagation of native species, or to protect endangered
species.
(e)
All signs, as defined in §
465-44 of this chapter, must be reviewed by the Morrisville Environmental Advisory Council, which shall supply a recommendation on any such sign for Borough Council approval.
(f)
The Morrisville Environmental Advisory Council
shall develop design criteria for signs in natural lands.
(g)
Signs are not to exceed the following:
[1]
One sign communicating park name at each entrance,
which shall be no larger than three square feet;
[2]
One sign communicating rules at each entrance,
which shall be no larger than two square feet; and
[3]
Appropriate species and trail markers.
(15)
(B15) Walking trail. A path, not to exceed 10
feet in width or 8% in grade, created by clearing existing vegetation.
All such trails must be left in a natural state. Non-native plants
or man-made materials may not be used for walking trails in the CS-2
District. Notwithstanding the foregoing requirements, all walking
trails must comply with the Americans With Disabilities Act, if applicable.
[Added 11-18-2002 by Ord. No. 924]
C. Office land uses.
[Amended 11-18-2002 by Ord. No. 924; 11-18-2019 by Ord. No.
1026]
(1) (C1) Medical office. Office of no more than three licensed practitioners,
working at the same time, for medical or dental examination or treatment
of persons as outpatients. Uses may include: chiropractic services,
physical therapy, or massage therapy by massage therapists with certification
from the National Certification Board for Therapeutic Massage and
Bodywork or other recognized national certification board approved
by Council.
(a)
In the NPEH District, the use shall be located within 500 feet
of a primary, collector, or arterial street, as shown on the attached
Highway Classification Map, which is part of this chapter.
(b)
In the NPEH District, such use shall be carried on wholly indoors
and within the principal building.
(c)
In the NPEH District, there shall be no use of show windows
or display or advertising visible outside of the premises to attract
customers or clients other than one sign, illuminated only by a spotlight,
not exceed four square feet in area attached to the building freestanding.
Freestanding signs shall be set back a minimum of three feet from
the lot line and shall not exceed six feet in height.
(2) (C2) Business office. Offices for lawyers, architects, engineers,
insurance agents, brokers, or other professional or business offices
which do not involve the actual storage, exchange or delivery of merchandise
on the premises.
(a)
This use shall be carried on wholly indoors and within the principal
building.
(b)
There shall be no use of show windows or display visible outside
the premises to attract customers or clients.
D. Commercial land uses.
(1) (D1) Shopping center. A neighborhood, community or
regional shopping center, pre-planned and designed on a site of at
least five acres as a complex of related structures and circulation
patterns. Permitted uses include C1, C2, D2, D3, D4, D5, D8, D12,
E5.
(a)
Off-street parking design requirements.
[1]
Parking requirements for a shopping center shall be 5.5 spaces per 1,000 square feet of floor area (gross), as defined in §
465-6.
[2]
No one area for off-street parking of motor vehicles shall exceed 20 automobiles in capacity. Separate parking areas on a lot shall be physically separated from one another by ten-foot planting strips as described in §
465-40.
(b)
Buffer yards. Buffer yards shall be required between all site boundaries of a shopping center and the boundary lines of all R-1, R-2, R-2A, R-3, and R-4 Districts. The minimum buffer yard for a shopping center is 25 feet. The buffer yard shall meet all the requirements of §
465-15M.
(2) (D2) Retail shop and stores. Selling apparel, books,
beverages, confections, drugs, dry goods, flowers, foodstuffs, furniture,
gifts, hardware, toys, household appliances, jewelry, notions, periodicals,
shoes, stationery, paint, records, cards, novelties, hobbies, art
supplies, music, luggage, sporting goods, pets, floor covering, garden
supplies, and/or fabrics.
[Amended 1-18-2022 by Ord. No. 1038]
(3) (D2A)
Downtown commercial retail. Retail shop selling apparel, books, nonalcoholic
beverages, baked goods, confections, drugs, dry goods, flowers, foodstuffs,
furniture, gifts, hardware, toys, household appliances, jewelry, notions,
periodicals, shoes, stationery, paint, cards, novelties, hobbies,
art supplies, music, luggage, sport goods, pets, floor covering, garden
supplies, and/or fabrics. This use shall not include a shop in excess
of 2,500 square feet of floor area.
[Added 11-18-2019 by Ord. No. 1026
(a)
Conversions of existing buildings are permitted.
(b)
This does not include a hookah lounge, vape store, or retail
stores where more than 25% of sales are from tobacco or tobacco-related
products.
(4) (D3) Downtown personal service. Establishments engaged
in providing services involving the care of a person or apparel, such
as barber, beautician, dry cleaning, shoe repair, or tailor. A downtown
personal service business shall not include massages, psychic readings,
body piercing, branding, or tattooing, which are defined and regulated
herein as Use D3A Limited personal service.
[Amended 11-18-2019 by Ord. No. 1026
(5) (D3A)
Limited personal service. A retail facility offering massages, psychic
readings, body piercing, branding or tattooing of persons, and similar
uses.
[Added 11-18-2019 by Ord. No. 1026
(6) (D4) Financial establishment, such as banks, savings
and loan associations, and/or credit unions. Drive-through and drive-up
service is prohibited except as Use I11 Accessory drive-through.
[Amended 11-18-2019 by Ord. No. 1026
(7) (D5) Restaurant. An establishment used for the purpose
of furnishing meals to the public which are to be consumed within
the building or place of business, with limited take-out service and
where waiters and/or waitresses serve all food and beverages to patrons,
but does not include drive-through, drive-up, or walk-up window service,
which are prohibited.
[Amended 11-18-2019 by Ord. No. 1026
(a)
Outdoor collection stations shall be provided for garbage and
trash removal. These stations shall be located to the near of the
structure and shall be screened from view and landscaped.
(b)
The sale of alcoholic beverages must be incidental to the sale
and consumption of food.
(8) (D6) Fast service eating establishment. A fast service
eating establishment is an eating establishment in which the principal
business is the sale of foods and/or beverages to the consumer in
a ready-to-consume state for consumption either within the restaurant
building or for carry-out with consumption off premises. A fast service
eating establishment shall conform to the following conditions:
[Amended 11-18-2002 by Ord. No. 924; 11-18-2019 by Ord. No.
1026]
(a)
A traffic impact analysis of the proposal shall be prepared
by a traffic engineer or traffic planner. The study shall identify
existing traffic levels on the street, project traffic generated by
the restaurant, identify potential problems created by restaurant-generated
traffic, propose solutions to control and provide safe access to the
site, and maintain an acceptable level of service on the frontage
street.
(b)
Drive-through and drive-up service is prohibited, except as
Use I11 Accessory drive-through.
(c)
A pedestrian walkway shall be provided between an existing sidewalk
and the entrance to the restaurant. If there is no sidewalk, one shall
be provided along the streets frontage.
[1]
All fast food restaurants shall provide a trash storage area
which is designed and constructed to be screened from the street and
adjacent properties, to prevent trash from blowing from the area and
to permit safe and easy removal of the trash.
[2]
There shall be no storage other than trash outside of the restaurant.
[3]
Vending machines, if provided, shall be placed within the restaurant.
(d)
Lighting.
[1]
All portions of the parking area shall be adequately lighted
during after-dark operating hours.
[2]
All light standards shall be located on the raised parking islands
or planting areas and not on the parking surface.
[3]
The lighting facilities shall be planned, erected, and maintained
so the light is confined to the property and will not cast direct
light or glare upon adjacent properties or public rights-of-way.
(e)
In addition to the planting in required buffer yards, all areas
of the site not paved shall be landscaped with a mixture of trees,
shrubs, and ground cover. Trees in these planting areas shall be a
size and type consistent with the Borough's street tree and buffer
planting lists. The plant material should be located so as to accomplish
one or more of the following purposes: screening, retard storm water
runoff, direct or restrict pedestrian access, define spaces, provide
shade, complement and enhance the building, etc.
[1]
Trash receptacles shall be provided outside the restaurant for
patron use.
[2]
When this use is adjacent to or on the same lot with a group
of commercial facilities, it shall use the common access with the
other business establishments and not have separate access to the
abutting collector or arterial street.
(9) (D7) Drive-in eating establishment. For the sale and
consumption of food and beverages with fewer than 10 table or counter
spaces.
[Amended 11-18-2002 by Ord. No. 924]
(10)
(D8) Repair shop. For appliances, watches, guns,
bicycles, or locks.
(11)
(D9) Upholsterer and cabinet maker.
(12)
(D10) Mortuary.
(a)
Such use shall be buffered from nearby residential uses in accordance with the criteria found in §
465-15M, Buffer yards.
(b)
Such use shall meet the requirements of §
465-38, Off-street parking.
(13)
(D11) Motel, hotel, or tourist home. Containing
guest rooms for rent.
(14)
(D12) Cultural and entertainment. A facility
or venue providing entertainment in the form of a performance. A performance
shall be defined as an entertainment event in the form of stage, musical,
movies, concert, dance, ballet, and/or legitimate playbook-length
and similar artistic productions. This shall not include adult business.
[Amended 11-18-2019 by Ord. No. 1026]
(a)
The maximum building footprint for cultural and entertainment
uses shall not exceed 8,000 square feet of floor area, indoor and
outdoor areas, devoted to the use.
(b)
If food and beverages are served, all requirements for restaurants
and outdoor eating shall be met, if applicable.
(15)
(D13) Indoor entertainment and recreation facilities. Operated as a gainful business including bowling alleys and skating rinks, but excluding the land uses described in §
465-17D(14).
(16)
(D13A) Game rooms, arcades and other land uses
which feature coin-operated electronic games.
(a)
Game rooms and arcades shall not be located
within 500 feet of a school, church, residence or other game rooms
or arcades.
(b)
Signs advertising game rooms, etc., shall be
no larger than 10 square feet and shall be limited to one flushmounted
building sign.
(c)
One sign announcing "no loitering" shall be
posted on each face of the building which is accessible to the public.
Such signs shall be no larger than one square foot, each.
(d)
Security shall be detailed on the premises during
the hours of operation to enforce the "no loitering" restriction.
[Amended 2-16-1999 by Ord. No. 899]
(e)
The downtown parking exemption shall not apply to game rooms and arcades and the requirements of §§
465-38, 39 and 40 shall be met.
(f)
A special buffer yard of five feet shall be provided around the entire property. Such buffer yard shall fulfill the requirements of §
465-15M.
(g)
Game rooms and arcades shall be contained and
insulated in such a way to attain a noise level of no more than 60
dBA, measured from the inside edge of the sidewalk and from the other
side and rear property lines.
(h)
Game rooms, etc. shall be operated no earlier
than 11:00 a.m. and no later than 9:00 p.m.
(17)
(D14) Outdoor entertainment and recreation facilities.
Operated as a gainful business, including golf driving ranges, miniature
golf, go-cart tracks, drive-in movies and similar amusements.
(a)
Such use shall meet the requirements of §
465-15M, Buffer yards, except that such yard shall be 25 feet in width.
(b)
Such use shall meet the requirements of §
465-38, Off-street parking.
(19)
(D16) Animal kennel. Including breeding, grooming
and sale of animals and the office of veterinarians. Kennel areas
shall either be contained inside a building properly insulated for
sound, or shall be at least 500 feet from the nearest residence.
(20)
(D17) 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, business,
and/or vendors.
[Added 11-18-2019 by Ord.
No. 1026]
(a)
The following individual uses are permitted in a market use:
[1]
(D2A) Downtown commercial retail.
[2]
(D3) Downtown personal service.
[3]
(D6) Fast service eating establishment.
[4]
(D12) Cultural and entertainment, subject to conditional use
approval.
[5]
(D18) Brewery, winery, or distillery.
(b)
The following accessory uses are permitted in a market use:
[1]
(I12) Accessory outdoor dining/drinking area.
(c)
Maximum floor area for individual uses/businesses/vendors in
a market use shall not exceed 400 square feet.
(21)
(D18) Brewery, winery, or distillery. An establishment licensed
by and in compliance with the Pennsylvania Liquor Control Board having
a principal use consisting of those activities consistent with the
production, tasting, and sale 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.
[Added 11-18-2019 by Ord.
No. 1026]
(a)
The maximum floor area of space devoted to serving the customers
shall be 1,500 square feet. Floor area devoted to serving the customer
shall include any area for customer access and circulation, for the
display of products including floor area devoted to counters, tables,
display cases, preparing products for customers and similar purposes.
Floor area not included in the area devoted to serving the customer
would include display area outside the building or structure as well
as inside floor area for storage and processing of beer, wine, or
spirits where customer access is restricted, except for instructional
tours.
(b)
Any sales of food shall be clearly incidental to the primary
use consisting of alcohol sales.
(c)
All outdoor eating/drinking and service areas shall be in accordance
with the requirements of Use I12 Accessory outdoor dining/drinking
area.
(22)
(D19) Tavern, wine bar, brewpub. An establishment that serves
food and alcoholic beverages for consumption on premises and is licensed
by the Pennsylvania Liquor Control Board: beer, wine, brewed or fermented
on-site or offsite for distribution and consumption. The sale of food
shall be incidental to the primary use consisting of alcohol sales.
All outdoor dining and service areas shall be in accordance with the
requirements of Use I12 Accessory outdoor dining/drinking area.
[Added 11-18-2019 by Ord.
No. 1026]
(a)
The maximum building footprint for tavern, wine bar, brewpub
use shall not exceed 10,000 square feet of floor area, indoor and
outdoor areas (including outdoor dining areas) devoted to the use.
(b)
Use of any outdoor area for games, sports or competitions shall
be allowed by permit. 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.
(23)
(D20) Medical marijuana dispensary. A person, including a natural
person, corporation, partnership, association, trust or other entity,
or any combination thereof, who holds a permit issued by the Department
of Health under the Medical Marijuana Act to dispense medical marijuana.
The term does not include a Health Care Medical Marijuana Organization
under Chapter 19 of the Medical Marijuana Act.
[Added 11-18-2019 by Ord.
No. 1026; amended 12-16-2019 by Ord. No. 1027]
(a)
A medical marijuana dispensary shall provide proof of permit
issued by the Department of Health and shall at all times maintain
a valid, accurate, and up-to-date permit with the Department of Health.
Should the permit be revoked or not renewed at any time, any special
exception shall immediately become void.
(b)
A medical marijuana dispensary shall at all times operate in
compliance with all Department of Health regulations pertaining to
such facilities.
(c)
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
the nearest point on the property line of a parcel containing a public,
private or parochial school, day-care center, nor shall a medical
marijuana dispensary be located closer than 1,000 feet from another
medical marijuana dispensary or from a medical marijuana grower/processor.
(d)
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.
(e)
A medical marijuana dispensary may not operate on the same site
as a medical marijuana grower/processor.
(f)
A medical marijuana facility shall be limited to hours of operation
from 8:00 a.m. until 8:00 p.m., seven days a week.
(g)
A medical marijuana dispensary shall submit a disposal plan
to, and obtain approval from, the Police Chief. Medical marijuana
remnants and by-products shall be disposed of according to an approved
plan, and shall not be placed within an exterior refuse container.
(h)
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.
(i)
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.
(j)
No use of medical marijuana shall be permitted on the premises
of a medical marijuana dispensary.
(k)
A medical marijuana dispensary shall submit a security plan
to, and obtain approval from, the Police Chief. The medical marijuana
dispensary shall demonstrate how it will maintain effective security
and control. The security plan shall specify the type and manner of
twenty-four-hour security, tracking, recordkeeping, record retention,
and surveillance system to be utilized in the facility as required
by Section 1102 of the Medical Marijuana Act and as supplemented by
regulations promulgated by the Department of Health pursuant to the
Medical Marijuana Act.
(l)
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.
(m)
A medical marijuana dispensary shall submit a site plan for
approval by the Borough Engineer and a floor plan for approval by
the Borough Building Code Official. The floor plan shall identify
internal security measures. All medical marijuana product, by-product,
and waste shall be stored in an interior secure vault or receptacle
in such a manner as to protect against improper dissemination.
(24) (D21) Hookah bar/lounge. Any establishment that is dedicated, in
whole or in part, to the smoking of a water pipe with a smoke chamber,
a bowl, a pipe and a hose, commonly referred to as a "hookah," and
also known as a "narghile," "argileh," "shisha," "hubble-bubble" and
"goza," or any similar device.
[Added 8-16-2021 by Ord.
No. 1035]
(a) No hookah bar or lounge may be open between the hours of 12:00 midnight
to 11:00 a.m.
(b) There shall be no discernible noise or vibration emanating beyond
the property line.
(c) No alcoholic beverages may be served or consumed on the premises.
(d) No hookah bar or lounge may be located on a property that is adjacent
to a residential district or property use, public or private school
use or day-care-center use.
(e) No one under the age of 21 shall be permitted on the premises.
(25) (D22) Nightclub. Any private or public establishment that allows
people to gather for the purposes of listening to music, dancing or
other social interaction.
[Added 8-16-2021 by Ord.
No. 1035]
(a) No nightclub may be open between the hours of 12:00 midnight to 11:00
a.m.
(b) There shall be no discernible noise or vibration emanating beyond
the property line.
(c) No alcoholic beverages may be served or consumed on the premises.
(d) No nightclub may be located on a property that is adjacent to a residential
district or property use, public or private school use or day-care-center
use.
(e) No one under the age of 21 shall be permitted on the premises.
(26) (D23) Smoke shops and tobacco stores. Any premises having more than
250 square feet dedicated to the delivery, display, distribution,
furnishing, marketing, offering and/or sale of cigarettes, cigars,
e-cigarettes, chewing tobacco or other tobacco products and paraphernalia.
[Added 1-18-2022 by Ord.
No. 1038]
(a) Notwithstanding any other provision of this title to the contrary,
smoke shops and tobacco stores shall be a conditional use in the C-2,
C-3 and C-4 Zoning Districts. Requirements for conditional use approval
include:
[1] Smoke shops and tobacco stores shall not be operated or maintained
on a parcel within 1,000 feet, measured by a straight line in all
directions from any property line, without regard to intervening structures
or objects, of the nearest point on a property line of a parcel containing
a public, private or parochial school or day-care center, youth or
community center, public park or religious institution.
[2] Smoke shops and tobacco stores shall not be operated or maintained
on a parcel within 1,000 feet, measured by a straight line in all
directions from any property line, without regard to intervening structures
or objects, of the nearest point on a property line of a parcel containing
another smoke shop or tobacco store.
[3] No smoking shall be permitted on the premises at any time.
[4] No self-service e-cigarette, tobacco, tobacco product or tobacco
paraphernalia displays shall be permitted.
[5] No distribution of free or low-cost e-cigarette, tobacco, tobacco
products or tobacco paraphernalia, as well as coupons for said items,
shall be permitted.
[6] No sales may be solicited or conducted on the premises by minors.
(b) It shall be unlawful for smoke shops or tobacco stores to permit
a minor, not accompanying a parent or guardian, to enter into or remain
in the smoke shop or tobacco store. Smoke shops and tobacco stores
shall post clear signage at all points of entry stating that minors
are prohibited from entering unless they are accompanying a parent
or guardian.
(c) Smoke shops and tobacco stores that are legally existing on the effective
date of this section may continue to operate as legal nonconforming
uses and shall not be required to obtain conditional use approval.
However, any change or expansion of the legal nonconforming use shall
require compliance with this section and conditional use approval.
E. Automotive service land uses.
(1) (E1) Residential parking garage or parking area. Subject
to the following provisions:
(a)
Such use shall be solely for the storage of
cars of residents in nearby buildings.
(b)
Such use shall be permitted Only when necessary
to provide off-street parking for such vehicles.
(c)
Such use shall meet all of the design standards of Article
VI.
[Amended 11-18-2002 by Ord. No. 924]
(2) (E2) nonresidential parking garage or parking area.
Subject to the following provisions in residence districts:
(a)
Such lot shall only serve permitted uses in
the district where the parking lot is located.
(b)
No sales or service operations shall be performed.
(c)
Such lot shall be within 300 feet of the principal
use served.
(d)
Such lot shall meet all of the design standards of Article
VI, Off-Street Parking and Loading.
[Amended 11-18-2002 by Ord. No. 924]
(3) (E3) 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 15 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 painting, spraying or body and fender
work shall be prohibited.
(4) (E4) Vehicle sales, rental, repair, servicing, washing,
paint spraying or storage of automobiles, trucks, buses, travel trailers
and/or heavy equipment.
[Amended 11-18-2002 by Ord. No. 924]
(5) (E5) Automotive accessory sales. Including parts, tires, batteries, supplies, and incidental installation of parts, but not including general repair functions or body and fender work, such as listed under Subsection
E(4).
F. Utilities, communications, transportation.
(1) (F1) Electric transformer station, water or sewer
pumping station or automatic telephone exchange.
[Amended 11-18-2002 by Ord. No. 924]
(3) (F3) Hazardous fuels substation. provided:
(a)
Such use shall be primarily designed to serve
customers in the Borough of Morrisville.
(b)
All off-site transmission lines and lines which
fall within the buffer yard shall be located underground.
(c)
A seventy-five-foot buffer yard, meeting the requirements of §
465-15M shall be provided along all property lines.
(4) (F4) Bus station.
[Amended 11-20-2006 by Ord. No. 954]
(5) (F5) Telecommunications facilities. Telecommunications
facilities shall be subject to the provisions of this chapter and
the specific criteria listed below:
(a)
The applicant shall present a site plan showing
the following items:
[1]
Locations of all existing uses and proposed
telecommunications facilities.
[2]
Elevations of any existing uses and proposed
telecommunications facilities.
[3]
Vehicular access, fencing and any easements
for access and utilities.
(b)
The applicant shall demonstrate that the proposed
telecommunications facility and tower are designed and shall be constructed
in a manner consistent with all applicable industry standards; and
the surrounding area will not be adversely affected by support structure
failure, falling ice or other debris; and electromagnetic fields or
radio frequency interference are within the limitations of the latest
editions of standards set by the following oversight organizations:
[1]
The American National Standards Institute (ANSI-C95.1,
as amended) and ANSI-222E manual; as amended.
[2]
The Institute of Electrical and Electronic Engineers
(IEEE-C95.1, as amended).
[3]
The National Council on Radiation Protection
and Measurements (NCRP).
[4]
The International Radiation Protection Association
(IPRA). In addition, all towers and support structures shall be fitted
with anticlimbing devices, as approved by industry standards.
(c)
The tower structure and its method of installation
shall be designed by a registered engineer and certified by that registered
engineer to be structurally sound and able to withstand wind and other
loads in accordance with accepting engineering practice. Towers and
antennas shall be designed to withstand wind gusts of at least 100
miles per hour.
(d)
The applicant shall submit certification from
a structural engineer that the structural capacity of any existing
building or structure on which the antenna is proposed to be mounted
is adequate to withstand wind and other loads associated with the
antenna's location.
(e)
The applicant shall demonstrate that the height
of the tower for the telecommunications facility s the minimum height
necessary for the service area.
(f)
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 for the tower and anchors for the guy wires, if
used.
(g)
A telecommunications facility not mounted on
an existing building or structure shall be subject to the minimum
lot area, side, rear and front setbacks and height as prescribed for
structures in the zoning district, but in no case less than 25 feet
from all property lines, whichever is greater. Such requirements shall
apply to the area needed to accommodate the tower, antennae, guy wires,
if used, the equipment building, security fence and buffer planting.
Guy wire ground anchors required to support any such structure or
tower must not be located in any required side, rear or front yards.
(h)
An antenna which is proposed to be mounted on
an existing building or structure other than an existing communications
tower shall not exceed the height of the building or structure by
more than 20 feet.
(i)
If title to the land on which the communications
facility is located is conveyed to the owner of the facility, the
land remaining with the principal lot shall continue to comply with
the minimum lot area for the district.
(j)
The applicant shall design the tower to be as
compatible as reasonably possible with the surrounding area, including,
where appropriate, disguising the tower to resemble a tree, church
steeple or other structure.
(k)
No antenna or tower structure shall be illuminated,
except as may be required by the Federal Aviation Administration (FAA)
or the Federal Communications Commission (FCC).
(l)
No sign or other structure shall be mounted
on the tower structure, except as may be required or approved by the
FCC, FAA or other governmental agency.
(m)
Tower structures supporting antenna shall be
painted silver or have a galvanized finish or may be painted green
up to the height of adjacent trees in order to reduce visual impact.
(n)
An antenna may not be located on a building
or structure that is listed on a historic register or is located in
a historic district.
(o)
Buffer plantings shall be located around the
perimeter of the security fence and communications equipment building.
The need for additional buffer yard treatment shall be evaluated.
(p)
Unless the communications facility is located
on a building, the tower structure or the entire property on which
the tower structure is located shall be completely enclosed by an
eight foot high security fence.
(q)
The telecommunications facility shall be fully
automated and unattended on a daily basis and shall be visited only
for periodic maintenance or emergency repair.
(r)
Any addition of an antenna or modification of
an existing antenna shall require submission of a new application
for use approval in accordance with the provisions of this subsection.
(s)
In January of each year, the operator shall
provide verification to the Borough Zoning Officer that there have
been no changes in the operating characteristics of the essential
communications facility as approved at the time of the use application,
including, at a minimum:
[2]
Frequency, modulation and class of service.
[3]
Transmission and maximum effective radiated
power.
[4]
Manufacturer, type and model of equipment.
[6]
Name, address and emergency telephone number
for the operator.
[7]
Copy of current FCC license.
(t)
In order to reduce the number of antenna support
structures needed in the Borough, all towers and support structures
shall be designed to permit accommodation of future users, including
other telecommunications companies and police, fire and emergency
services. Furthermore, the applicant shall document that other existing
structures are not available for antenna support.
(u)
The applicant shall demonstrate that owners
of all tall structures within a 1/4 mile radius of the site proposed
have been contacted for permission to install antennae on those aforesaid
tall structures and permission for installation was denied even when
customary rental prices were offered.
(v)
The applicant shall demonstrate that other telecommunication
licensees have been contacted with the objective of encouraging colocation
of licensed antennae on the proposed tower.
(6) (F6) Municipal utilities. Owned or operated by the
Borough, or any Borough board, municipal authority, commission or
agency.
(a)
Transmission facilities shall be underground
or screened from view from any public street.
(b)
Such utilities shall be primarily designed to
serve customers in the Borough of Morrisville.
(c)
Buffer yards shall be provided in accordance with §
465-15M, Buffer yards.
(7) (F7) Rail station.
[Added 11-20-2006 by Ord. No. 954]
G. Industrial land uses.
(1) (G1) Wholesale business and storage in a roofed structure.
(2) (G2) Warehousing. Not including outdoor storage unless
the provisions of Use I9 are met.
(3) (G3) General manufacturing, production, processing,
cleaning, assembly, machining, testing and distribution of materials,
goods, food stuffs, and products.
(4) (G4) Yard for storage, sale and distribution of ice,
coal, fuel oil or building materials. All such yards shall be enclosed
by a fence at least six feet in height. Such fence shall provide a
visual screen when viewed from any direction. See also Use I9.
(5) (G5) Laboratory. For research, testing and experimentation.
(6) (G6) Contractor offices and shops such as building,
cement, electrical, heating, masonry, painting, and roofing provided
that in the C-3 District any outdoor storage of materials shall be
completely screened from view.
(7) (G7) Truck depot, rail terminal or port facility,
such as staging areas where materials, supplies or products are transferred
from one vehicle to another. Incidental warehousing is included within
this definition.
(8) (G8) Craftsman's shop. Including plumbing shop, carpentry
shop or custom shop.
(9) (G9) Printing, publishing, binding. Development, marketing
and production of printed works such as books, magazines and newspapers,
through the use of traditional typesetting methods.
[Amended 5-21-2007 by Ord. No. 958]
(10)
(G10) Adult entertainment establishments.
[Added 2-16-1999 by Ord. No. 899; amended 5-21-2007 by Ord. No.
958; 8-11-2009 by Ord. No. 979]
(a) All such establishments are permitted in the I-2 and I-1 Zoning Districts
and shall be located no less than 60 feet from any public or private
school, church, residential use, any child- or elder-care facility
and any other religious, institutional or educational use, any recreational
or park lands or use, any indoor or outdoor athletic or cultural use,
any indoor or outdoor entertainment establishment or use, or any other
use by persons under the age of 18.
(b) No persons under the age of 18 years of age shall be permitted to
patronize such establishment or observe any specific sexual activities
or materials, nor shall any materials distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas be sold, lent, distributed,
exhibited, shown or given to any minor.
(c) The hours of operation of such establishments, if not governed by
the laws of the Commonwealth of Pennsylvania or of the United States,
shall be from Sunday through Thursday, 12:00 noon to 10:00 p.m.; from
12:00 noon to 12:00 midnight on Friday; and from 12:00 noon to 2:00
a.m. on Saturday.
(d) Buffer yards shall be provided in accordance with §
465-15M, Buffer yards.
(e) Minimum yards (setbacks) table of dimensional requirements shall
be:
(f) Signage advertisement and requirements shall be as governed by those
within the I-1 and I-2 Zoning Districts.
(g) During all hours of operation, at least one employee shall be posted
at each public entrance to the adult entertainment establishment in
order to verify that none of the patrons seeking to enter the facility
are under the age of 18 years (or 21 years old if alcohol is being
served with the adult entertainment facility). The area of the property
at which the age of the patrons is verified shall be situated such
that no specified anatomical areas or specified sexual activities
are visible.
(h) The business shall be equipped with operational security cameras,
which shall be used at all times to monitor all parking areas on the
property and all public areas of the building (with the exception
of restrooms).
(11)
(G11) Electronic printing, publishing, binding.
Development, marketing and production of electronic versions of books
and periodicals, as well as website blogs.
[Added 5-21-2007 by Ord. No. 958]
(12)
(G12) Fireworks sales. Selling consumer fireworks,
display fireworks, Class C fireworks, 1.4G fireworks and/or 1.3G fireworks.
[Added 11-21-2005 by Ord. No. 948; amended 5-21-2007 by Ord. No.
958]
(a)
Such use shall not be located within 500 feet
of any premises selling alcoholic liquors, alcohol, malt or brewed
beverages for consumption on or off premises.
(b)
Such use shall not be located within 500 feet
of any local or state park.
(c)
Any building containing quantities of 1.4G fireworks
for sale exceeding 50 pounds shall be no closer than 100 feet to any
building, state highway, railway, local street or alley, or utility
right-of-way including, but not limited to, natural gas line.
(d)
All land development plans for construction,
use or renovation of an existing building for the purpose of selling
fireworks shall be reviewed by the Code Enforcement Officer for compliance
with all required fire safety codes including, but not limited to,
the International Fire Code, and his comments and/or report shall
be copied to the official Borough-designated fire company.
(e)
No temporary structures including, but not limited
to, tents, canopies or travel trailers shall be erected or used for
the sale and/or storage of fireworks at any time.
(f)
Table of dimensional requirement, minimum yards
(setbacks) shall be:
(g)
Buffer yards shall be provided in accordance with §
465-15M, Buffer yards.
(h)
Storage of fireworks shall be permitted only
as an accessory use to the sale of fireworks on premises.
(13)
(G13) Flex space. Combining office and manufacturing/research
uses.
[Added 11-20-2006 by Ord. No. 954; amended 5-21-2007 by Ord. No.
958]
(14)
(G14) Food processing facility.
[Added 6-19-2017 by Ord.
No. 1016]
(a)
A food processing facility shall not generate odor, noise, smoke,
dust or any other objectionable environmental conditions.
(b)
All food processing activities shall be in compliance with Bucks
County Health Department regulations and all applicable state and
federal regulations and shall be conducted completely indoors.
(c)
The Bucks County Health Department and the Borough Zoning Officer
reserve the right and shall be permitted to inspect operations and
facilities without prior notice.
(d)
Loading areas/docks shall be screened in accordance with the
regulations set forth in this chapter.
(e)
No outdoor storage shall be permitted on a lot on which a food
processing facility is located.
(f)
The provisions of §
465-38P shall govern required off-street parking spaces for a food processing facility.
(g)
The provisions of §
465-41A shall govern required off-street loading berths for a food processing facility.
(15)
(G15) Medical marijuana grower/processor. A person, including
a natural person, corporation, partnership, association, trust, or
other entity, or any combination thereof, who holds a permit issued
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 11-18-2019 by Ord.
No. 1026]
(a)
A medical marijuana grower/processor shall provide proof of
permit issued by the Department of Health and shall at all times maintain
a valid, accurate, and up-to-date registration with the Department
of Health. Should registration be revoked or not renewed at any time,
any special exception approval shall immediately become void.
(b)
A medical marijuana grower/processor shall at all times operate
in compliance with all Department of Health regulations pertaining
to such facilities.
(c)
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 1,000
feet from another medical marijuana grower/processor or medical marijuana
dispensary.
(d)
A medical marijuana grower/processor must operate entirely within
an indoor, enclosed, and secure facility.
(e)
A medical marijuana grower/processor may not operate on the
same site as a medical marijuana dispensary.
(f)
A medical marijuana grower/processor shall submit a disposal
plan to, and obtain approval from, the Police Chief. Medical marijuana
remnants and by-products shall be disposed of according to an approved
plan, and shall not be placed within an exterior refuse container.
(g)
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.
(h)
No one under the age of 18 shall be permitted in a medical marijuana
grower/processor.
(i)
No retail sales of medical marijuana shall be permitted on the
premises of a medical marijuana grower/processor.
(j)
No use of medical marijuana shall be permitted on the premises
of a medical marijuana grower/processor.
(k)
A medical marijuana grower/processor shall submit a security
plan to, and obtain approval from, the Police Chief. The medical marijuana
grower/processor shall demonstrate how it will maintain effective
security and control. The security plan shall specify the type and
manner of twenty-four-hour security, tracking, recordkeeping, record
retention, and surveillance system to be utilized in the facility
as required by Section 1102 of the Medical Marijuana Act and as supplemented
by regulations promulgated by the Department of Health pursuant to
the Medical Marijuana Act.
(l)
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.
(m)
A medical marijuana grower/processor shall submit a site plan
for approval by the Borough Engineer and a floor plan for approval
by the Borough Building Code Official. The floor plan shall identify
internal security measures. All medical marijuana product, by-product,
and waste shall be stored in an interior secure vault or receptacle
in such a manner as to protect against improper dissemination.
H. Accessory uses.
(1) (I1) A home occupation for gain. A home occupation
is an activity that:
(a)
Is customarily carried on in a dwelling unit.
(b)
Is clearly incidental and secondary to the use
of the dwelling for residential purposes.
(c)
Conforms to the following regulations:
[1]
The home occupation shall be carried on wholly
indoors and within the principal building.
[2]
There shall be no use of show windows or display
or advertising visible outside the premises to attract customers or
clients other than home occupation announcement signs as permitted.
[3]
There shall be no exterior storage of materials.
[4]
No external alterations, additions or changes
to the structure shall be permitted in order to accommodate or facilitate
a home occupation.
[5]
No articles shall be sold or offered for sale
except such as may be produced on the premises.
[6]
No repetitive servicing by truck for supplies
and materials will be permitted. The term "repetitive" shall mean
more than two truck visits per week, for the purposes of this section.
[7]
The home occupation shall be carried on only
by members of the immediate family residing in the dwelling unit plus
not more than one additional employee.
[8]
The floor areas devoted to a home occupation
shall not be more than 33% of the ground floor area of the principal
residential structure.
[9]
Additional off-street parking spaces shall be provided as indicated in §
465-38.
[10]
Among the uses that shall not be interpreted
to be a home occupation are the following: animal hospital, barber
shop, beauty parlor, mortuary, restaurant, rooming, boarding, or lodging
house, retail or wholesale store.
(d)
In particular, a home occupation includes, but
is not limited to, the following: art studio, professional office
of a lawyer, engineer, clergyman, architect, writer, or accountant.
(2) (I2) Residential accessory uses. Including noncommercial
greenhouses, tool shed, private garage, swimming pool or similar accessory
structure, and other accessory uses customarily incidental to a permitted
use and not normally conducted as an independent principal use; and
not intended for the use by anyone other than the owner/occupant of
the residential principal building, 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. Attached garages and carports
are considered part of the principal building and are subject to the
dimensional requirements of the principal building.
[Amended 10-18-2004 by Ord. No. 943]
(3) (I3) Fences, walls and landscaping materials. Subject to the traffic visibility requirements and provisions in §
465-28.
(4) (I4) Nonresidential off-street parking. Subject to
the following provisions:
(a)
The parking areas must meet the provisions and requirements of Article
VI.
[Amended 11-18-2002 by Ord. No. 924]
(b)
Buffer yards in accordance with §
465-15M shall be required at least 35 feet deep along all rear lot lines and at least 10 feet deep along all side lot lines in residential districts.
(5) (I5) Signs. Subject to the provisions and requirements of Article
VII.
[Amended 11-18-2002 by Ord. No. 924]
(6) (I6) Accessory retail and office uses. Retail and
consumer service uses and office uses in the R-3 and R-4 Districts
(unless the provisions of Uses C1 and C2 above are applicable, in
which case they shall prevail), subject to the following provisions:
[Amended 11-18-2002 by Ord. No. 924]
(a)
The supplying of any of the following convenience
goods and services, entirely at retail, shall be considered accessory
uses to a garden apartment, midrise apartment or senior citizen housing.
[1]
Groceries and related goods.
[3]
Drugs or cosmetics with or without an incidental
soda fountain or lunch counter.
[6]
Self-service laundry and dry cleaning pickup
station.
(b)
The net floor area used for sales, services
and offices shall not exceed 20% of the total floor area in any garden
apartment, midrise apartment or senior citizen housing.
(c)
The parking requirements of §
465-38G and
I shall apply to such commercial uses, in addition to the parking required for the primary use.
(7) (I7) Temporary accessory uses. The Zoning Hearing
Board may grant a special exception for a nonconforming temporary
building or use incidental to a construction project or other special
circumstances of a nonrecurring nature when such building or use is
reasonably required for such project.
(a)
Such special exception shall be granted for
an initial period of not more than one year from the date that the
special exception was granted, and in the case of a building, only
upon application accompanied by a bond and a bill of sale to the Borough
to be effective in case the building is not removed prior to the expiration
date of the special exception authorization.
(b)
Such special exception authorization may be
renewed annually by the Zoning Hearing Board for an aggregate period
of not more than three years.
(8) (I8) Nonresidential accessory uses. Accessory buildings
or structures, or uses customarily incidental to the uses permitted
in P-1, C-1, C-2, C-3, C-4, L-I and I Districts in connection with
such uses, except outside storage. Any use accessory to a use permitted
only under a special exception shall be established only if and as
provided in such exception.
[Amended 11-18-2002 by Ord. No. 924]
(9) (I9) Outside storage or display.
(a)
Outside storage or display, other than storage
as a primary use of the land, necessary but incidental to the normal
operation of a primary use, subject to the following additional 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 or display.
[2]
Outside storage and display areas shall occupy
an area of less than 1/2 the existing building coverage.
[3]
Outside storage and display areas shall be shielded
from view from the public streets and adjoining residential properties
by a fence at least six feet in height.
(10)
(I10) Travel trailer and boats. Storage or parking
subject to the following provisions:
(a)
In all districts, no more than one trailer or
boat shall be stored on a lot.
(b)
Such trailers or boats must be unoccupied.
(d)
Subsection
H(10)(a) and
(b) above shall not apply to the storage of trailers or boats as a permitted principal use.
(11)
(I11) Accessory drive-through. Any vehicle-related commercial
facilities in which a service is provided or goods, food, or beverage
are sold, to the operator of, or passengers in, a motor vehicle without
the necessity of the operator or passengers disembarking from the
vehicle. This use includes drive-up service in which a vehicle parks
or idles in a designated space to receive service. Drive-throughs
shall be accessory uses to the principal uses D4 Financial establishment
and D6 Fast service eating establishment.
[Added 11-18-2019 by Ord.
No. 1026]
(a)
General standards.
[1]
The drive-through facility shall be designed so as not to impede
or impair vehicular and pedestrian traffic movements or exacerbate
the potential for pedestrian/vehicular conflicts.
[2]
Drive-throughs located on pad sites in existing shopping centers
shall have circulation patterns that are integrated with that of the
center.
[3]
Hours of operation shall be set as a condition of the conditional
use permit.
(b)
Location standards.
[1]
Drive-through uses may not be located across a street from residential
zoning districts unless separated by an arterial street.
(c)
Setbacks and landscaping.
[1]
The drive-through use shall be screened from adjacent residential
land uses by screening vegetation.
[2]
Landscape buffering shall be placed between the drive-through
lanes and adjacent properties.
(d)
Stacking distance.
[1]
A stacking area is to be provided for cars waiting for drive-through
service, which will be no less than six car lengths.
(e)
Setbacks.
[1]
Overhead canopies shall be set back 10 feet from any street
right-of-way property line and 20 feet from any residential property
line. The total height for any overhead canopy shall not exceed 20
feet.
[2]
Service areas and stacking lanes must be set back at least 10
feet from all lot lines.
(f)
Application requirements.
[1]
A traffic impact study shall be submitted to provide information
which will be used to determine the necessary stacking area and the
impacts of the proposal upon local traffic circulation. The TIS shall
address the following issues:
[a] Nature of the product or service being offered.
[b] Method by which product or service is being offered.
[c] Time required to service a typical customer.
[d] Arrival rate for patrons.
[f] Anticipated vehicular stacking required.
[g] Anticipated traffic generation.
(12)
(I12) Accessory outdoor dining/drinking area. An outdoor dining
and food service area is an accessory use to the principal uses consisting
of Use D5 Restaurant and Use D6 Fast service eating establishment,
and are subject to the following requirements:
[Added 11-18-2019 by Ord.
No. 1026; amended 12-16-2019 by Ord. No. 1027]
(a)
The outdoor dining area shall be limited to 800 square feet
in area.
(b)
The outdoor dining area shall be open to the sky with the exception
that it may have a retractable awning or umbrella and may contain
furniture, including tables, chairs, and planters, that are easily
portable and that can be moved inside the principal structure.
(c)
The outdoor dining area may not occupy areas that are required
by the establishment to meet the parking requirements of this chapter.
(d)
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.
[2]
Outdoor dining areas shall not interfere with vehicular or pedestrian
traffic patterns.
[3]
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.
[4]
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 7:00 a.m. or after 9:00
p.m. on Sunday through Thursday.
(f)
No outdoor use area shall interfere with safe pedestrian and
vehicular traffic on or in the vicinity of the principal use.
(13)
(I13) Accessory brewing. Brewing operations licensed by the
Pennsylvania Liquor Control Board conducted as an accessory use in
conjunction with Use D5, Restaurant.
[Added 11-18-2019 by Ord.
No. 1026]
(a)
The brewing operations at the premises shall be secondary to
the primary use.
(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, conditioning tanks and serving tanks.