BOROUGH COUNCIL BOROUGH OF SELLERSVILLE BUCKS COUNTY, PENNSYLVANIA ORDINANCE NO. 685

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1 BOROUGH COUNCIL BOROUGH OF SELLERSVILLE BUCKS COUNTY, ENNSYLVANIA ORDINANCE NO. 685 "MR-1 District Ordinance and Map Amendment" AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF SELLERSVILLE, CHATER 160 (ZONING), SECTION (CLASSES OF DISTRICTS) TO DESIGNATE THE MR-1 MEDIUM DENSITY RESIDENTIAL DISTRICT-1 AS A ZONING DISTRICT IN THE BOROUGH OF SELLERSVILLE; AMENDING CHATER 160 (ZONING) TO CREATE A NEW SECTION ENTITLED MR-1 MEDIUM DENSITY RESIDENTIAL DISTRICT-1 SETTING FORTH THE: UROSE, USE REGULATIONS; AND DIMENSIONAL REQUIREMENTS; AND FURTHER AMENDING THE MA ENTITLED BOROUGH OF SELLERSVILLE ZONING DISTRICTS TO REZONE TWO TRACTS OF LAND WITH FRONTAGE ON SOUTH MAIN STREET AND FURTHER IDENTIFIED COLLECTIVELY AS TAX MA ARCEL NO , WHICH TRACTS COMBINED CONSIST OF 6.273± ACRES AND ARE MORE ARTICULARLY DESCRIBED IN THE LEGAL DESCRITION ATTACHED HERETO AS EXHIBIT A, FROM THEIR EXISTING ZONING CLASSIFICATION OF I INDUSTRIAL DISTRICT TO THE NEW CLASSIFICATION OF MR-1 MEDIUM DENSITY RESIDENTIAL DISTRICT-1. NOW, THEREFORE, the Borough Council of the Borough of Sellersville does hereby ENACT and ORDAIN: SECTION I. Amendment to Code The Code of the Borough of Sellersville, Chapter 160 (Zoning) is hereby amended to repeal existing Section (Classes of Districts) in its entirety and replace it with the following new Section entitled Classes of Districts : Classes of districts. For the purposes of this chapter, the Borough of Sellersville is divided into seven districts. The districts are established and designated as follows: { }

2 BC Borough Core I Industrial LR Low MR MR-1-1 NC Neighborhood Commercial R lanned SECTION II. Amendment to Code The Code of the Borough of Sellersville, Chapter 160 (Zoning) is hereby amended to add the following new Section entitled MR-1 District-1 : A. urpose. The intent of this district is to encourage future development and innovation in development design which reflects the present character, density and mix of uses in Sellersville; to create a wider opportunity for variety in dwelling and living styles for the residents of Sellersville; to exclude activities not compatible to the residential district; and to create conditions conducive to carrying out the broad purposes of this chapter as set forth in and B. Use regulations. A structure may be erected or used and a lot may be used or occupied for any of the following uses and no other. Uses designated by the letters "SE" are permitted only by special exception. (1) rincipal uses. rincipal uses shall be as follows: (a). [1] One-family dwelling; see for mobile homes. [2] Twin dwelling. [3] Townhouse dwelling; see B (section A shall not apply to the MR-1 District). [4] Mixed. On a parcel having a base site area of at least four acres, not more than two types of the dwellings permitted in subparagraphs [1], [2] and [3] above may be mixed; provided, no single dwelling type shall comprise less than twenty-five

3 percent (25%) of the total number of units permitted for the development. (b) Institutional. [1] Cultural facilities. [2] Day-care facilities; see (SE). [3] rivate nursery school and kindergartens; see (SE). [4] olice and fire stations; [5] rivate noncommercial recreation facilities (SE). [6] ublic recreation facilities. [7] ublic service offices; see (c) Commercial. [1] rofessional offices; see [2] Mortuaries; see (SE). [3] Veterinary office or veterinary hospital; see (SE). (d) Utilities and transportation. [1] Communication transmitting and receiving facilities; see (SE). [2] Supply utilities; see (SE). [3] Sewage facilities. (2) Accessory uses. Accessory uses shall be as follows: (a) Accessory buildings or private garages; see (b) Accessory sewage facilities. (c) Accessory supply utilities. (d) Horticulture, including greenhouses; see (e) Off-street parking (as provided in Article IX). (f) rivate swimming pool; see

4 (g) Signs (as provided in Article VIII). (h) Temporary structure and/or use; see (i) Other accessory uses customarily incidental to a permitted principal use; see C. Dimensional requirements. In this district, any structure hereafter erected or any lot hereafter used or occupied for any lawful purpose shall provide the minimum and not exceed the maximum dimensions specified below. Should these requirements conflict with the requirements of Article VI for any specified use, the requirements of Article VI shall take precedence. (1) Lot area and lot width. (a) Minimum lot area and minimum lot width for permitted principal uses. [1] One-family dwelling: 7,000 square feet and 60 feet. [2] Twin dwelling: 9,000 square feet of total lot area and 4,500 feet of lot area per dwelling unit and 60 feet aggregate lot width. [3] Townhouse dwelling: 1,800 square feet and 18 feet. [4] Other permitted principal uses: 7,000 square feet and 65 feet. [5] If a mix of residential uses permitted by B(1)(a)[4] is proposed, then the minimum lot area and minimum lot width requirements set forth in subsections [1] through [3] above shall apply to the applicable dwelling type. [6] Notwithstanding subsection [5] above, if a mix of residential uses permitted by B(1)(a)[4] is proposed, and the lot lines within such development are proposed to consist solely of the footprint of the dwelling, then there shall be no minimum lot area or minimum lot width requirements. (b) Minimum lot area and minimum lot width for permitted accessory uses: none, unless specified in Article VI or required by the Zoning Hearing Board. (2) Maximum permitted density for residential uses. Notwithstanding any provision in this Chapter to the contrary, the maximum permitted density for townhouse dwellings permitted by B(1)(a)[3], twin dwellings permitted by B(1)(a)[2], or any mix of residential uses permitted by B(1)(a)[4], shall be not more than 9.25 dwelling units per acre of base site area.

5 (3) Building setback and yard requirement; see also through (a) Minimum building front yard setback line: 20 feet. (b) Minimum side yard: eight feet, aggregate of 20 feet. (c) Minimum rear yard: 35 feet. (d) Minimum setback from existing supply utility areas: 35 feet from the boundary of the lot area, license area, easement area or right-of-way granted to such supply utility. (4) Building size. (a) Maximum building coverage: 40% of the base site area or 40% of the lot area if individual lots are created. (5) Building height. (a) Maximum building height: 35 feet. (b) Maximum height of structures not designed for human occupancy is governed by (6) Street Trees. Street trees as required by Chapter 135, Subdivision and Land Development, shall be provided along the right-of-way. SECTION III. Amendment to Code The Code of the Borough of Sellersville, Chapter 160 (Zoning) is hereby amended to add a new subsection (5) to Section A, as follows: (5) Buffer yards shall be required along the perimeter of any development in the MR- 1 District-1; provided, however, that no buffer yard shall be required along a street right-of-way line.

6 SECTION IV. Amendment to Code The Code of the Borough of Sellersville, Chapter 160 (Zoning) is hereby amended to repeal a portion of existing Attachment 1 to Chapter 160 consisting of the Table of Use Regulations and replace it with the table attached hereto as Exhibit A. SECTION V. Zoning Map Amendment The map entitled Borough of Sellersville Zoning Districts is hereby amended to rezone two tracts of land with frontage on South Main Street and further identified collectively as Tax Map arcel No , which tracts combined consist of 6.273± acres and are more particularly described in the legal description attached hereto as Exhibit B, from their existing zoning classification of I Industrial District to the new classification of MR-1 District-1. SECTION VI. - Severability The provisions of this Ordinance are intended to be severable, and if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this Ordinance. It is hereby declared to be the intent of Borough Council that this Ordinance would have been adopted even if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein. SECTION VII. - Failure to Enforce not a Waiver The failure of the Borough to enforce any provision of this Ordinance shall not constitute a waiver by the Borough of its rights of future enforcement hereunder.

7 SECTION VIII. - Effective Date This Ordinance shall take effect and be in force from and after its approval as required by the law. SECTION IX. - Repealer All other ordinances and resolutions or parts thereof insofar as they are inconsistent with this Ordinance are hereby repealed. ORDAINED AND ENACTED by the Borough Council of the Borough of Sellersville, Bucks County, ennsylvania, this 8 th day of July, BOROUGH OF SELLERSVILLE By: Robert Rudick, resident, Borough Council Attest: David J. Rivet, Secretary AROVED this day of, 2013 Thomas Hufnagle, Mayor

8 Exhibit A Use Regulations Table KEY: ermitted SE ermitted by Special Exception Blank Not ermitted Uses LR Low MR MR-1-1 R lanned NC Neighborhood Commercial BC Borough Core I Industrial District One-family dwelling Twin dwelling Duplex dwelling Townhouse dwelling ( ) Conversion apartments ( ) SE SE SE Multiple dwelling ( ) Dormitory ( ) SE SE Boardinghouse ( ) Mobile home park ( ) Institutional Business colleges, trade schools, music and dance schools and similar organizations Cemeteries SE Churches SE SE Clubs Cultural facilities rivate nursery and kindergartens ( ) SE SE SE SE { }

9 Uses LR Low MR MR-1-1 R lanned NC Neighborhood Commercial BC Borough Core Day-care facility ( ) SE SE SE SE SE Elementary schools SE SE Nursing home ( ) SE SE ersonal care facility ( ) SE SE olice and fire stations ( ) rivate noncommercial recreation facility ublic noncommercial recreation facility ublic recreation facility Secondary schools SE SE Commercial Business service establishments ( ) SE SE SE I Industrial District Commercial recreation entertainment facility ( ) Department stores Gasoline-dispensing facility ( ) Hotels and motels ( ) Monument and burial vault dealers Mortuaries ( ) SE SE Motor vehicle service stations ( ) Adult bookstore/theaters ( 160- SE 60) Nightclubs ( ) Offices ( ) Business

10 Uses LR Low MR MR-1-1 R lanned NC Neighborhood Commercial BC Borough Core I Industrial District rofessional ublic service Financial ersonal service establishments ( ) Quick-service restaurants ( 160- SE 47) Retail stores and businesses ( ) Sit-down restaurants and taverns ( ) Vehicle/equipment/sales or rentals Veterinary office or hospital SE SE ( ) Industrial Contractors offices/storage Manufacturing, assembly, processing and repair rocessing, milling, storage and/or sale of feed, oil, lumber, grain and gas Research or testing laboratories Warehousing and distribution, including wholesale business Utilities and Transportation Bus and taxi terminals Communication transmitting and receiving facility ( ) SE SE SE SE

11 Uses LR Low MR MR-1-1 R lanned NC Neighborhood Commercial BC Borough Core I Industrial District Community garage or parking lot ( ) rincipal supply utilities ( ) SE SE SE Rail terminals Sewage facilities Accessory Accessory buildings and private garages ( ) Accessory sewage facilities SE Accessory supply utilities SE Apartment combined with commercial use ( ) Family/group day-care home SE SE SE SE SE ( ) Home occupation ( ) SE SE Horticulture ( ) Off-street parking (Article IX) On-lot storage ( A) rivate swimming pool ( ) roduce stand ( ) SE SE SE Rooming house ( ) SE Signs (Article VIII) Temporary structures and/or use ( ) Other accessory uses customarily incidental to a permitted principal use ( )