TOD Ordinance

BOROUGH OF PENNDEL

BUCKS COUNTY, PENNSYLVANIA

ORDINANCE NO. 2020-1

AN ORDINANCE OF THE BOROUGH OF PENNDEL, BUCKS COUNTY, PENNSYLVANIA AMENDING CHAPTER 405 – “ZONING,” ARTICLE IV – “USE REGULATIONS,” SECTION 18 – “USE REGULATIONS,” TO CREATE A NEW SUBSECTION K – “TRANSIT-ORIENTED DEVELOPMENT OVERLAY DISTRICT USES,” AND NEW USES THEREUNDER, AMENDING THE “TABLE OF USE REGULATIONS,” UNDER ARTICLE IV – “USE REGULATIONS,” SECTION 18 – “USE REGULATIONS,” TO PROVIDE FOR USES UNDER NEW SUBSECTION K AND AMENDING CHAPTER 405 – “ZONING,” ARTICLE XIII – “PENNDEL BOROUGH TRANSIT ORIENTED DEVELOPMENT (TOD) OVERLAY DISTRICT” TO AMEND SECTION 78 – “DECLARATION OF LEGISLATIVE INTENT,” SECTION 79 – “DEFINING TOD BOUNDARIES,” SECTION 80 – “DEVELOPMENT PLAN MODIFICATIONS AND FLEXIBILITY,” SECTION 81 – “PERMITTED USES,” SECTION 82 – “CONDITIONAL USES,” SECTION 83 – “DEVELOPMENT REQUIREMENTS AND REGULATIONS,” SECTION 84 – “DEVELOPMENT ENHANCEMENTS,” SECTION 85 – “DEVELOPMENT BONUS STANDARDS,” CREATING A NEW SECTION 85.1 – “TOD OVERLAY DISTRICT PARKING STANDARDS” TO PROVIDE FOR THE MODERNIZATION AND EXPANSION OF THE TRANSIT-ORIENTED DEVELOPMENT (TOD) OVERLAY DISTRICT, AMENDING CHAPTER 405 – “ZONING,” SECTION 18 – “USE REGULATIONS,” “TABLE OF USE REGULATIONS” AND SECTION 14 – “USES BY RIGHT SPECIAL EXCEPTIONS AND USES NOT PERMITTED,” IN ACCORDANCE THEREWITH.

 

WHEREAS, the Borough of Penndel (hereinafter referred to as the “Borough”) is organized and operating in accordance with the laws of the Commonwealth of Pennsylvania; and

            WHEREAS, pursuant to the Borough Code of the Commonwealth of Pennsylvania, the Borough Council (hereinafter referred to as the “Council”) has the authority to enact, amend, and repeal the provisions of the Penndel Borough Code of Ordinances (hereinafter referred to as the “Code”); and,

WHEREAS, the Council finds that it would be in the best interest of the Borough to encourage a revitalization of the Borough’s commercial core areas; and

WHEREAS, the Council has collaborated with the Bucks County Planning Commission (hereinafter referred to as the “Commission”) to develop a plan entitled “2019 Downtown Penndel – A Blueprint for the Future” (hereinafter sometimes referred to as the “Blueprint”) to outline its revitalization strategies; and

WHEREAS, the Commission has provided recommendations to the Borough’s Transit Oriented Development (hereinafter sometimes referred to as the “TOD”) Overlay District Ordinance, which is part of the Borough’s Zoning Code, to assist in creating in the conditions required to spur revitalization of the Borough’s core commercial areas; and

WHEREAS, the Borough Council has determined that it is in the best interest of the Borough and its residents to amend the Penndel Borough Zoning Ordinance to amend the TOD Overlay District regulations, provide for new uses in the TOD Overlay District, and provide regulations for those uses.

NOW, THEREFORE, be it and it is hereby ORDAINED and ENACTED as follows:

  1. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article IV – “Use Regulations,” Section 18 – “Use Regulations,” is hereby amended by inserting a new Subsection K – “Transit Oriented Development Overlay District Uses” with the contents thereof set forth in Exhibit “1” hereto.
  2. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” Section 78 – “Declaration of Legislative Intent,” is hereby amended by deleting the words or letters indicated by strikethrough text and inserting the underlined language as follows:

“To guide redevelopment of commercial areas in accordance with the findings, recommendations, goals, objectives, design guidelines and themes, policies and purposes of the following documents which form the basis for this TOD Overlay District Ordinance: February 2004 Assessment of Land Use and Transportation Solutions for the Route 413/513/1 Corridor, 2005 Penndel Business District Revitalization Plan, 2005 Penndel Borough Comprehensive Plan, 2006 Design Standards and Guidelines, 2007 Penndel Renaissance Plan for the Business District, and the 2007 TCDI (Transportation and Community Development Initiative Program) Project’s Safety and Aesthetic Enhancements, and 2019 Downtown Penndel – A Blueprint for the Future.  Therefore, it is hereby declared to be the intent of this article, the Penndel Borough Transit Oriented Development Overlay District (TOD), located in a portion of Penndel Borough, and as defined in § 405-79, to:

  1. Encourage and promote creative and flexible development, redevelopment and revitalization in the vicinity of the Southeastern Pennsylvania Transportation Authority’s (SEPTA) Langhorne Station, where rail and bus mass transit connect.
  2. To serve the needs of residents, the business community, visitors and commuters by providing for a variety of retail, commercial, office and personal services in either an individual or mixed use configuration, including higher density residential uses, to support a more transit-oriented development pattern along the Route 413, Route 513 and Business Route 1 corridors.
  3. Provide multimodal transportation linkages for bus, rail, cars, walking and biking in a safe, pleasing and efficient environment along these roadway corridors and intersections within the TOD area.
  4. Foster economic viability, pedestrian activity and a sense of community identity and place along the Routes 413/513/1 corridors, while being consistent with the spirit and intent of “smart growth.”
  5. Create a sense of place within the TOD area, the Borough and the region at large.
  6. Recognize the importance of public transit as a viable alternative to the automobile by permitting appropriate densities and a mix of land uses within walking distance of transit stops, while, at the same time, providing sufficient off-street parking within and adjacent to the TOD.
  7. Allow development that decreases automobile dependency and mitigates the effects of congestion and pollution, so as to promote and protect the health, safety and general welfare of the citizens of the Borough and surrounding/adjacent communities, while enhancing the economic stability of the Borough by promoting the attractiveness, convenience and stability of this region and specifically the TOD area of the Borough.
  8. Encourage mixed-use real estate development oriented to the rail station and transit stops, thus encouraging transit ridership.
  9. Promote well-integrated residential, commercial, office and civic development in close proximity to local and regional transit facilities.
  10. Support new development that includes diverse pedestrian compatible, higher density, transit-friendly designs and expands economic development opportunities. Minimize distances between destinations and require linked sidewalks and pedestrian-oriented access with provisions for bicycles and bicycle parking.
  11. Encourage and provide development enhancement bonuses for:
    • The creation of land uses in keeping with the character, scale and architecture of the neighborhood, while using development design guidelines to promote compatibility of uses and stimulate pedestrian activity, structured and shared parking, and open spaces, in concert and harmony with the TCDI project and other projects as applicable at the time of developer application, plan reviews and approvals; and
    • Green design, LEED®, Sustainable SITES Initiative, and other sustainable development measures for buildings, streets and drainage, and energy efficient design.
  12. Maintain a scale, balance and variety of commercial, institutional and residential uses.
  13. Promote the livability and identify identity of the TOD area by providing for dwellings, shops and workplaces in close proximity to each other.
  14. Enhance the visual character and physical comfort of the district by minimizing pedestrian and vehicular conflicts and encouraging the renovation and erection of buildings and storefronts that provide direct connections to the street and sidewalks.
  15. Discourage the dependence on automobile use, thereby reducing traffic congestion and promoting alternative modes of traffic (Reserved).
  16. Encourage the development of shared parking and attractive convenient off-street parking facilities to reduce on-street congestion and facilitate vehicular and pedestrian circulation.
  17. Encourage the establishment of unique multi-use building groups, abundant landscaping multiuse common spaces, public realm improvements, accessibility, varied-density housing, niche vending: farmers’ markets, artisan galleries, and cultural attractions — all within the purposes and guidelines as advanced by the main street program approach (see, 2019 Downtown Penndel – A Blueprint for the Future) to urban redevelopment and revitalization, as and where applicable.
  18. Avoid the situation where one or two permitted land uses dominate any part of the TOD area by encouraging and seeking certain land uses, including but not solely limited to the following land uses, subject to the review and considerations established in this article:
    • Personal service establishments, day care, postal services, convenience stores, pharmacies, eating and drinking establishments, markets, entertainment establishments, floral shops, coffee shops, telecommuting centers, mixed with parking and residential development units on second and third upper floor levels, or above, and consistent with other requirements and allowances of this article.
    • Offices of professionals, such as accountants, physicians and dentists, and financial institutions.
    • It is envisioned that these uses would be part of structures and not freestanding or standalone uses, unless otherwise allowed.
  19. Cluster and orient buildings to encourage convenient pedestrian access and to minimize walking distances, while allowing for adequate air, landscaping, and light.
  20. Encourage use of the type and form of architecture described in this chapter and in the Borough Design Guidelines, stressing consistency with the design guidelines and themes of the 2007 TCDI project for streetscapes, as well as provisions of the 2007 Penndel Renaissance Plan for the Business District in the design of the buildings, structures and site amenities in the TOD area.
  1. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” Section 79 – “Defining TOD boundaries,” is hereby amended by replacing Exhibit A of said Section containing the current zoning map of Penndel Borough with a new Exhibit A containing the new zoning map of the Borough depicting all boundary changes contemplated by this Ordinance. A true and correct copy of the new zoning map is attached hereto as Exhibit 2. 
  2. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” Section 80 – “Development Plan Modifications and Flexibility,” is hereby amended by deleting the words or letters indicated by strikethrough text and inserting the underlined language as follows:

“It is the intent of the TOD Overlay District Ordinance to provide for flexibility in the review and execution of proposed subdivision and/or land development plans in order to accomplish the overall intent of the TOD Overlay District Ordinance in the most expeditious manner possible by the use of incentives and, where permissible, waivers of the Subdivision and Land Development Ordinance (SALDO) standards, with proper cause, to obtain the best possible design in keeping with the purpose of this article as herein stated. Applicants for land development approval shall identify in a report or other narration format the extent to which the plan complies with the stated intent and purposes of this article and the goals, objectives, recommendations and design guidelines of the TOD’s base documents cited below (for further guidance, land development applicants are encouraged to consult the following documents: 1) February 2004 Assessment of Land Use and Transportation Solutions for the Route 413/513/1 Corridor; 2) 2005 Penndel Business District Revitalization Plan; and 3) 2007 TCDI Project’s Safety and Aesthetic Enhancements):

  1. February 2004 Assessment of Land Use and Transportation Solutions for the Route 413/513/1 Corridor;
  2. 2005 Penndel Business District Revitalization Plan;
  3. 2005 Penndel Borough Comprehensive Plan;
  4. 2006 Design Standards and Guidelines;
  5. 2007 Penndel Renaissance Plan for the Business District; and
  6. 2007 TCDI Project’s Safety and Aesthetic Enhancements.
  7. 2005 Penndel Borough Comprehensive Plan;
  8. 2006 Design Standards and Guidelines;
  9. 2007 Penndel Renaissance Plan for the Business District; and
  10. 2019 Downtown Penndel – A Blueprint for the Future.
  11. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” Section 81 – “Permitted Uses,” is hereby repealed and replaced with the language set forth in Exhibit “3” hereto.
  12. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” Section 82 – “Conditional Uses,” is hereby amended by deleting current Subsection B, which reserves space for future provisions, and creating new Subsections B through E as follows:

“B.       Use 79. Accessory Outdoor Eating/Drinking Area as defined in Section 18(K)(3) of this Chapter.

C         Use 80. Accessory Brewing as defined in Section 18(K)(4) of this Chapter.

  1. Use 81. Cultural and Entertainment as defined in Section 18(K)(5) of this Chapter.
  2. (Reserved).”
  3. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” Section 83 – “Development Requirements and Regulations,” is hereby amended by deleting the words or letters indicated by strikethrough text and inserting the underlined language as follows:

“In the TOD Overlay District, the following development regulations shall apply, regardless of the regulations of the underlying zoning district(s).  However, Section 85 of this Chapter outlines individual or multiple bonuses that may be awarded by Borough Council following a review and recommendation from the Penndel Borough Planning Commission to a development proposal in the TOD depending on the extent, quantity, and quality of the transit-oriented improvements provided.  The proposed transit-oriented amenities shall be identified by the land development applicant and subsequently specified in writing at the time of approval of the development.

  1. Minimum tract size. The following minimum tract sizes shall apply regardless of the underlying zoning district:
    • The minimum tract size for a single use in the TOD shall be 20,000 6,000 square feet.
    • The minimum tract size for a mixed-use development shall be one acre 6,000 square feet.
  2. Minimum frontage. The minimum frontage in the TOD shall be 100 30 feet, measured along the street line.
  3. Minimum building setbacks. Building setbacks shall be five feet from the street line and 15 10 feet from any adjoining property line.  However, where the applicant submits proof, in a form acceptable to the Borough Solicitor, of an agreement between adjoining landowners to establish a zero-lot-line development plan with shared parking and access ways along a side or rear property line, the adjoining property line setback may be reduced to zero.
  4. Maximum building setbacks. A minimum of 75% of the facade of any building along a public street must be constructed no more than 20 feet from the street line.
  5. Transition buffer area. Where a TOD Overlay District commercial, office and/or retail use or mixed-use project abuts a residential use in a residential zoning district located outside the boundaries of the mapped TOD Overlay District, the building shall be set back a minimum of 50 feet from the zoning district boundary.  A fifteen-foot landscaped buffer shall be provided within the fifty-foot setback, in accordance with the requirements of §405-31H.  Vehicle parking or access drives may be located in the transitional buffer, provided there is not more than one vehicular entrance and one vehicular exit through the landscaped buffer to any street.
  6. Minimum parking setback. No parking will be allowed between the building and the street line, except where permitted as part of a transitional buffer per §405-83E.  No parking area shall be located closer than 10 5 feet to any side or rear property line.  Shared parking and access ways are encouraged and permitted if the applicant submits proof, in a form acceptable to the Borough Solicitor, of a shared access and parking agreement with an adjacent landowner, and in such case, the parking setback may be reduced from 10 5 feet to zero.
  7. Parking spaces. Required parking for new and redeveloped structures and/or sites shall be calculated by using existing regulations of the Borough Code unless modified under 405-85 §405-85.1.
  8. Off-site parking and shared parking. Off-site parking and shared parking are permitted in the TOD Overlay District.  Off-site parking must be within 500 feet of the mixed-use development as measured along a pedestrian route continually accessible to the public, measured from lot line to lot line.  Documentation of an agreement with the parking facility owner, in a form acceptable to the Borough Solicitor, must be submitted prior to plan approval.
  9. On-street parking. Legal on-street parking along the lot’s street frontage may be counted toward the development’s minimum parking requirements. On-street parking spaces shall be at least eight feet by 22 feet in dimension.  Each such on-street public parking space may only be counted once.
  10. Maximum impervious coverage. The total impervious surface area of a tract shall not exceed 65% 75% provided, however, that in the event a tract to be developed or redeveloped under the provisions of this Article has an existing impervious surface ratio in excess of 75%, said tract’s impervious surface ratio shall be reduced by ten (10) percentage points (E.g., 86% to 76%) or to 75%, whichever impervious surface ratio is higher.
  11. Maximum height. The maximum height for any use in the TOD shall not exceed 45 70 feet or four five stories, whichever is lower.
  12. Maximum floor area. A maximum of 15,000 square feet may be devoted to any nonresidential single occupancy with the exceptions of Use 21 Nursing Home and Use 38 Hotels, which shall adhere to the underlying zoning district requirements.
  13. Maximum density. The maximum allowable density shall be 15 20 dwelling units per acre for a single use development that may be increased up to no more than 60 dwelling units per acre in accordance with Sections 84 and 85 of this Chapter. The maximum allowable density shall be 60 dwelling units per acre for a mixed-use development that may be increased to no more than 80 dwelling units per acre in accordance with Sections 84 and 85 of this Chapter.
  14. Highway access. Applicant shall demonstrate that the number of curb cuts and access ways are the minimum necessary for the proposed development.
  15. Pedestrian Ways. Whenever and wherever possible, every effort shall be made to provide direct connections to the SEPTA Langhorne commuter rail station and bus stops from the proposed development and to coordinate access ways and pedestrian paths with existing and planned pedestrian/bicycle facilities serving a broader area and minimizing pedestrian/biking and vehicular traffic conflicts.  The primary pedestrian access point to buildings shall face the street line rather than onto rear or side parking lots or alleys. Secondary access points may be located along other facades.
  16. Parking lots shall be landscaped with trees and shrubs to reduce the visual impact of glare and headlights, to delineate all driving lanes and to distinguish rows of parking, and function as streetscape components and buffers as may be required herein and consistent with the regulations and requirements established by the Penndel Borough Subdivision and Land Development Ordinance and the design themes of the 2007 TCDI streetscapes plan.
  17. Building coverage. Site building coverage shall not exceed 65% 75%, unless modified under §405-85 herein.
  18. Floor area ratio. Site floor Floor area ratio shall not exceed 150%, unless modified under § 405-85 herein.”
  19. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” Section 84 – “Development Enhancements,” is hereby amended by deleting the words or letters indicated by strikethrough text and inserting the underlined language as follows:

“Proposed developments that provide rail or transit-oriented facilities or amenities may be entitled to a development enhancement bonus pursuant to Section 85 of this Chapter. Enhancement facilities or amenities include, but are not limited to, the following:

  1. Transit customer parking areas,
  2. Bus pulloffs,
  3. Pedestrian or bus stop shelters,
  4. Dedication of land for roadway realignments and/or intersection reconfigurations deemed consistent with revitalization and redevelopment plans for the entire district.
  5. Installation of sidewalks, bikeways, landscaping, curbing, pavement and stormwater management abutting the site and within the streets/highways/rights-of-way to serve the needs of those using these features so as to facilitate safe and efficient vehicular and pedestrian circulation, access and means,
  6. Dedication of land, construction of or capital contribution for a municipal parking lot,
  7. Improvements to on-street parking, such as concrete curb configured to protect the on-street spaces,
  8. Shared parking where land uses on adjacent lots within the TOD Overlay District create parking areas with common accessways access ways and pedestrianways pedestrian ways,
  9. Dedication of or provision of lands to be landscaped for public purposes or development,
  10. Inclusion and use of “green design” and/or “sustainable development” criteria such as vegetated green roofs and terraces for buildings,
  11. Preservation and protection of historic structures and sites which that may be reused or adapted pursuant to the federal and state regulations for structures and places of historic significance,
  12. Acceptable allowances for future land uses and configurations as presented in the Penndel Renaissance Plan for the Business District documents cited in Section 80 of this Chapter, as accepted by Borough Council,
  13. Provisions and agreement to work with Borough officials to assist in the maintenance of streetscapes improvement amenities that adjoin or abut the site, either off site or within public rights-of-way,
  14. Bicycle parking. Provide bicycle facilities up to a maximum of 10 spaces, as follows:
    • For residential uses, there shall be one bicycle space or locker for each three dwelling units or portion thereof.
    • For commercial/retail/office uses, there shall be one bicycle space or locker for every 20 automobile parking spaces or fraction thereof. Bicycle space dimensions and criteria shall be as detailed in Appendix “A” or similar standards deemed acceptable by the Borough Engineer.[1]
  15. Mixed-use building,
  16. Parking garage. Providing for additional non-residential parking spaces, and
  17. Gateway feature on targeted tracts as specified by the Borough Council.
  18. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” Section 85 – “Development Bonus Standards,” is hereby repealed and replaced with a new Section 85 – “Development Bonus Standards,” with the contents thereof set forth in Exhibit “4” hereto.
  19. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District,” is hereby amended to establish a new section, Section 85.1 – “TOD Overlay District Parking Standards,” with the contents thereof set forth in Exhibit “5” hereto.
  20. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article II – “Definitions,” Section 18 – “Use Regulations,” “TABLE OF USE REGULATIONS,” is hereby amended by adding a new column reflecting use regulations in the TOD District and lines representing new uses, underlined, as set forth in Exhibit “6” hereto.
  21. The Code of the Borough of Penndel, Chapter 405 – “Zoning,” Article IV – “Use Regulations,” Section 14 – “Use Regulations,” is hereby amended by deleting the words or letters indicated by strikethrough text and inserting the underlined language as follows”
  • 405-14 Uses by right, special exceptions, conditional uses, and uses not permitted.
  1. A use listed in § 405-18 is permitted by right in any district under which it is denoted by the letter “P,” subject to all applicable requirements of this chapter and subject to the issuance of a zoning permit in accordance with Article X.
  2. A use listed in §405-18 is permitted as a special exception in any district under which it is denoted by the letter “S,” provided the Zoning Hearing Board, pursuant to express standards and criteria set forth in § 405-18 and other applicable sections of this chapter, and to any other reasonable conditions the Board may establish, authorizes the issuance of a zoning permit in accordance with §405-67E and Article X of this chapter.
  3. A use listed in §405-18 is permitted as a conditional use in any district under which it is denoted by the letters “CU,” provided the Borough Council, pursuant to the express standards and criteria set forth in §405-18, §405-82 and other applicable sections of this chapter, any other reasonable conditions the Council may establish, and the review and recommendation by the Penndel Borough Planning Commission, authorizes the issuance of a zoning permit in accordance with §405-67E and Article X of this chapter.

C D.  A use listed in §405-18 is not permitted in any district under which it is denoted by the letter “N.;” provided that, with respect to the Penndel Borough Transit Oriented Development (“TOD”) Overlay only, any use denoted by the letter “N” shall be permitted in the manner it is permitted in an underlying zoning district in which it is located.

  1. All other ordinances, portions of ordinances, or any section of the Code inconsistent with this Ordinance, are hereby repealed.
  2. The provisions of this Ordinance are severable. If any section, clause, sentence part or provision thereof shall be held illegal, invalid, or unconstitutional by a court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of Borough Council that this Ordinance would have been adopted if such illegal, invalid or unconstitutional section, clause, sentence or part of a provision had not been included herein.
  3. This Ordinance shall be effective immediately upon the Approval of the Mayor or immediately upon a majority of Council plus one voting to override the Mayor’s veto.

ENACTED AND ORDAINED BY THE BOROUGH OF PENNDEL THIS ____ DAY OF ______________, 2020.

 

BOROUGH COUNCIL                    

PENNDEL BOROUGH

 

 

By: ___________________________,

       Beverly Wolfe, Council President

ATTEST:

 

 

___________________________________

Marie Serota, Borough Secretary/Treasurer

 

EXAMINED and APPROVED by me this ____ day of _________________, 2020.

 

___________________________

Robert Winkler, Mayor

 

 

Exhibit 1

 

Article IV – “Use Regulations”

 

  • 405-18. Use Regulations.

 

  1. Transit-Oriented Development Overlay District Uses.

 

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

 

  1. Any sales of food shall be clearly incidental to the primary use consisting of alcohol sales.
  2. All outdoor eating/drinking and service areas shall be in accordance with the requirements of Use 79. Accessory Outdoor Eating/Drinking Area.
  3. Use of any outdoor area for games, sports or competitions shall be allowed by conditional use only. The proposed use shall be permitted only if the activities take place in the rear yard of the property and have no effect on surrounding properties. No activities shall be permitted that result in noise, trash, light or other disturbances on surrounding or nearby properties.  Any outdoor dining area shall not encroach onto any sidewalk adjacent to the use.
  4. Parking shall be provided as required in Section 405-83(G).

 

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

 

  1. The following uses are permitted in a market use:
    1. Use 32. Personal Service, at a maximum of 3,000 square feet of floor area (gross).
    2. Use 33. Repair Service, at a maximum of 3,000 square feet of floor area (gross).
  • Use 34. Eating Place (without drive-in or take-out).
  1. Use 77. Brewery, winery, or distillery.
  1. The following uses are permitted by conditional use in a market use:
    1. Use 81. Cultural and Entertainment
  2. The following accessory uses are permitted in a market use:
    1. Use 79. Accessory Outdoor Eating/Drinking Area.
    2. Use 80. Accessory Brewing.
  3. Individual and accessory uses in a market use shall meet specific requirements for each use as set forth for each such use in this chapter.
  4. All building codes, fire codes, and accessibility codes shall be met by each individual and accessory use and collectively for the overall market use.
  5. Parking shall be provided as required in Section 405-83(G).

 

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

 

  1. The outdoor dining area shall be clearly incidental to the principal use.
  2. The outdoor dining area may not occupy areas that are required by the establishment to meet the parking requirements of this Chapter.
  3. Parking shall be provided as required in Section 405-83(G).
  4. With respect to the location of outdoor dining areas:
    1. No outdoor dining or food service shall be permitted within the right-of-way of any street or within the sidewalk area or outside of the building setback lines for the structure. All required yard areas must be left open and may not contain outdoor use areas.
    2. All outdoor dining areas shall be located a minimum of 25 feet from a side or rear property line and a minimum of 10 feet from any other property line, including the street line or front lot line.
  • Outdoor dining areas shall not interfere with vehicular or pedestrian traffic patterns.
  1. Outdoor dining areas must provide an unobstructed pedestrian clear zone of at least 5 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.
  2. 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.
  1. No outdoor service shall be provided before 7:00 a.m. or after 11:00 p.m. on Friday and Saturday, and before 9:00 a.m. or after 9:00 p.m. on Sunday through Thursday.
  2. Music shall be permitted. All activities, including the playing of music, shall comply with the noise limitations of Borough ordinances and the Pennsylvania Liquor Control Board, if applicable.
  3. Outdoor lighting shall not shine onto adjoining properties. Light standards shall not exceed a height of 15 feet, and light fixtures shall be focused downward with a shield, preventing light from shining on adjacent properties.
  4. The carrying of any open container of alcoholic beverages is prohibited outside the delineated area of the outdoor dining area or in any other area prohibited under Chapter 112 of the Penndel Code of Ordinances.
  5. No outdoor use area shall interfere with safe pedestrian and vehicular traffic on or in the vicinity of the principal use.
  6. There shall be no outdoor food preparation and no outdoor bars or bar service.
  7. There shall be table service only.
  8. All trash shall be removed from the outdoor dining area and from the area surrounding the outdoor dining area on at least a daily basis.
  9. The use shall be connected to public water and wastewater facilities.
  10. A Bucks County Health Department license shall be required before issuance of a use/occupancy permit required under this Chapter.

 

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

 

  1. The brewing operations at the premises shall be secondary to the primary use of Use 34 Eating Place.
  2. No more than 50 percent of the total gross floor area of the establishment shall be used for the brewing operations including, but not limited to, the brew house, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks.
  3. Parking shall be provided as required in Section 405-83(G).

 

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

 

Exhibit 2

Cover Page for New Zoning Map

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 3

 

Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District”

 

  • 405-81. Permitted Uses.

 

The following uses shall be permitted by right in the TOD Overlay District:

 

  1. Use 12. Dwellings in combination, such as:
    • Residential uses located above nonresidential uses.

 

  • Dwelling units for artisans, professionals, and service providers, which include work areas. The work area shall not exceed 50% of the floor area of the dwelling unit.

 

  1. Use 15. Cultural Facility

 

  1. Use 16. Auditorium, Community Centers, etc.

 

  1. Use 17. Day-care facilities.

 

  1. Use 21. Nursing home, including housing for the elderly, retirement community, or assisted living arrangement in a multiunit facility.

 

  1. Use 24. Professional services.

 

  1. Use 25. Business services, financial institutions.

 

  1. Use 26. Governmental business services including post office.

 

  1. Use 27. Health services.

 

  1. Use 28. Veterinary services, kennels, stables.

 

  1. Use 29. Professional or trade school.

 

  1. Use 30. Retail shop.

 

  1. Use 32. Personal service.

 

  1. Use 33. Repair service.

 

  1. Use 34. Eating place when part of a mixed-use development.

 

  1. Hotels, as permitted by Use 38.

 

  1. Use 46. Rail station, railway service.

 

  1. Use 77. Brewery, winery, or distillery.

 

  1. Use 78. Market.

 

  1. Mixed-use development including the uses permitted in this district. Mixed-use development shall contain no less than two permitted uses on the site or within structure(s) on site.

 

 

Exhibit 4

Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District”

  • 405-85. Development Bonus Standards.

 

  1. Individual or multiple bonuses are awarded by Borough Council following a review and recommendation from the Penndel Borough Planning Commission to a development proposal in the TOD depending on the extent, quantity, and quality of the transit-oriented improvements identified in Section 84 of this Chapter. The proposed transit-oriented amenities shall be identified by the land development applicant and subsequently specified in writing at the time of approval of the development.

 

  1. The following development bonuses may be awarded by Borough Council and used for a specific project in the TOD Overlay District, where development enhancements, set forth in §405-84 above, are included in the proposed development, as follows:

 

  • Floor area ratio: may be increased incrementally from 150% up to 200%.

 

  • Where a project uses green design and sustainable development criteria and provides for rooftop and/or terrace landscaping, up to 50% of the total area of green roof or terrace landscaping may be subtracted from the impervious surface when computing the impervious surface ratio.

 

  • Maximum impervious coverage may be increased incrementally from 75% up to 85% in lieu of the requirements of Section 83(J) of this Chapter.

 

  • Site building coverage may be increased incrementally from 75% up to 85%.

 

  • Maximum density may be increased incrementally up to 60 dwelling units per single use and 80 dwelling units per acre for mixed-use.

 

  • Where a project proposes a mixed-use building that contains both commercial/retail and residential uses, a 10% reduction or greater of the total number of required residential parking spaces may be utilized by the applicant at the discretion of Borough Council.

 

 

Exhibit 5

Article XIII – “Penndel Borough Transit Oriented Development (TOD) Overlay District”

 

  • 405-85.1. TOD Overlay District Parking Standards.

Off-street parking spaces shall be provided and satisfactorily maintained in accordance with the following provisions:

USE MINIMUM NUMBER OF REQUIRED PARKING SPACES
Residential Uses
Use 12. Dwelling in Combination Studio or 1 Bedroom 0.81 parking spaces per one DU;

2 Bedroom: 1.25 parking spaces per one DU;

3 Bedroom or more: 1.45 parking spaces per one DU

Non-Residential Uses
Use 15.  Cultural Facility. In accordance with Section 405-33(C)
Use 16. Auditorium, Community Centers, etc. In accordance with Section 405-33(C)
Use 17.  Day-Care Facilities 1 parking space per teacher/administrator/employee; plus 1 parking space per 5 persons receiving care
Use 21. Nursing home, including housing for the elderly, retirement community, or assisted living arrangement in a multiunit facility. In accordance with Section 405-33(D)
Use 24. Professional Services. 1 parking space per 400 sq. ft. of GFA
Use 25. Business Services, Financial Institutions 1 parking space per 400 sq. ft. of GFA
Use 26. Governmental Business Services Including Post Office. 1 parking space per 400 sq. ft. of GFA
Use 27. Health Services. In accordance with Section 405-33(C)
Use 28. Veterinary Services, Kennels, Stables. 1 parking space per 400 sq. ft. of GFA
Use 29. Professional or Trade School. In accordance with Section 405-33(C)
Use 30. Retail Shop. 1 parking space per 400 sq. ft. of GFA
Use 32. Personal Service. 1 parking space per 400 sq. ft. of GFA
Use 33. Repair Service. 1 parking space per 400 sq. ft. of GFA
Use 34. Eating Place. 1 parking space per 400 sq. ft. of GFA
Use 38. Motel, Hotel, or Tourist Home. In accordance with Section 405-33(H)
Use 39. Parking Garage. Not applicable
Use 46. Rail Station, Railway Service. In accordance with Section 405-33(J)
Use 77. Brewery, Winery, or Distillery. In accordance with Section 405-33(M)
Use 78. Market. 1 parking space per 400 sq. ft. of GFA
Use 79. Accessory Outdoor Eating/Drinking Area 1 parking space per 400 sq. ft. of GFA
Use 80. Accessory Brewing 1 parking space per 400 sq. ft. of GFA
Use 81. Cultural and Entertainment 1 parking space per 400 sq. ft. of GFA

 

 

 

Exhibit 6

TABLE OF USE REGULATIONS

(To be used in conjunction with detailed descriptions in the remainder of this chapter.)

Note: Refer to § 405-14 for an explanation of the symbols.

 

Use   R-1 R-2 R-3 P RC SC I OR MB TOD
1 Single-family detached P P P P N N N N   N
2 Single-family detached-lot line N N P N N N N N   N
3 Single-family attached or duplex N N P N N N N N   N
4 Patio house N N P N N N N N   N
5 Multiplex N N P N N N N N   N
6 Atrium house N N P N N N N N   N
7 Townhouse N N P N N N N N   N
8 Garden apartments N N P N N N N N   N
9 Conversion S S S S N N N N   N
10 Cluster development N N P N N N N N   N
11 Rooming house N N N N P P N N   N
12 Dwelling in combination N N N P P P N N   P
13 Religious use P P P P N N N N   N
14 School P P P P N N N N   N
15 Cultural facility N P P P P P N N   P
16 Auditorium, community centers, etc. N N P P P P N N   P
17 Day nursery, nursery school, etc. N S S S N N N N   P
18 Recreation facility, governmental P P P P P P P P   N
19 Recreation facility, nongovernmental N N S S P P S S   N
20 Private club or lodge N N S S P P N N   N
21 Nursing home N S S N N S N N   P
22 Hospital S S S N N N N N   N
23 Medical Center N N S S N N N N   N
23.1 Sober Living Facility N N N S S S N N N N
24 Professional service N N S P P P N N   P
25 Business services, nongovernmental N N N P P P N N   P
26 Business services, governmental N N N P P P S N   P
27 Health services N N N P P P N N   P
28 Veterinary services, kennels, stables N N N N N S S N   P
29 Trade or professional school, etc. N N N N P P N N   P
30 Retail shop N N N N P S N N   P
30.1.1 Medical Marijuana Dispensary N N N N S S N N S N
31 Bulk commercial N N N N N P P N   N
32 Personal service N N N N P P N N   P
33 Repair service N N N N P P N N   P
34 Eating place, sit-down N N N P P P P N   P*
35 Eating place, drive-in/take-out N N N N P P P N   N
36 Mortuary or funeral home N N S S N P N N   N
37 Public entertainment facility N N N N P P N N   N
38 Motel, hotel, tourist home N N N N P P N N   P**
39 Parking area or garage N N N N P P P N   CU
40 Gasoline service station N N N N N P N N   N
41 Repair garage N N N N N P N N   N
42 Sale of auto accessories N N N N P P N N   N
43 Bus or taxicab terminal N N N N S P N N   N
44 School bus yard N N N N N P P N   N
45 Truck terminal N N N N N P P N   N
46 Railroad station, railway service N N N N N N P N   P
47 Communication facility N N N P P N P N   N
47(A) Cellular telecommunications facility P P P P P P P P P N
48 Supply utility N N N N S S S N   N
49 Petroleum product and gas substation N N N N N S S N   N
50 Sanitary utility P P P P P P P N   N
51 Fire station S S S P P P P N   N
52 Fire signal P P P P P P P P   P
53 Wholesale business and storage N N N N P P P N   N
54 Warehousing N N N N N N P N   N
55 Manufacturing N N N N N N P N   N
55.1 Medical Marijuana Grower/Processor N N N N N N S N N N

 

56 Laboratory for research N N N N N N P N   N
57 Contractor’s office and storage N N N N N S P N   N
58 No-impact home-based business P P P P P P P N   N
59 Residential accessory P P P P P P P N   N
60 Temporary structure or use P P P P P P P P   N
61 Accessory building N N N N P P P N   N
62 Outside storage N N N N N P P N   N
63 Outside display N N N N S S N N   N
64 Travel trailer storage P P P P P P P P   N
65 Off-street parking P P P P P P P P   N
66 Sign P P P P P P P P   N
67 Adult entertainment establishment N N N N N N N N P N
68 Adult bookstore N N N N N N N N P N
69 Adult motion-picture theater N N N N N N N N P N
70 Adult mini motion-picture theater N N N N N N N N P N
71 Massage parlor N N N N N N N N P N
72 Bathhouse N N N N N N N N P N
73 Modeling studio N N N N N N N N P N
74 Artist body-painting studio N N N N N N N N P N
75 Cabaret N N N N N N N N P N
76 Arcade N N N N N N N N P N
77 Brewery, winery, or distillery N N N N N N N N N P
78 Market N N N N N N N N N P
79 Accessory Outdoor Eating/Drinking Area N N N N N N N N N CU
80 Accessory Brewing N N N N N N N N N CU
81 Cultural and Entertainment N N N N N N N N N CU

* Use 34 shall be a permitted use in the TOD overlay district when part of a mixed-use development.

** As permitted by Use 38. 

[1] The bicycle space criteria, Appendix “A,” is on file in the Borough office.