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Accessory Garage Structures Within Required Rear Yards
Required rear yards may be occupied by an accessory garage for accessory garage use and other permitted accessory buildings, structures, or use, provided that:
 
1. Such accessory building, structure, or use shall be situated not less than the distance required for side yards in the district in which such building, structure or use is located;

2. Not less than 15 feet further back from the street line than the rearmost portion of the principal building; and

3. Such accessory building, structure, or use shall not exceed 15 feet in height.
Buffer Yards
Buffer yards are required in all commercial-residential high-rise (CR-H), Freestanding Commercial (FC), Retail Commercial (RC) and Industrial District (P-I) and (C-I) along the district boundaries between themselves and residential districts and along common boundaries between themselves and existing residential uses.
 
1. The buffer yards shall be measured from the district boundary line or property line or from the near street line where a street serves as the district boundary line.

2. Buffer yards shall be not less than 15 feet in width in F-C and R-C Districts except for multifamily low-rise where the minimum buffer shall be 20 feet in width. Buffer yards shall not be less than 35 feet for multifamily high-rise in the CR-H District and not less than 30 feet in C-I and P-I Districts.

3. The buffer yard may be coterminus with required front, side or rear yards and in the case of conflict, the larger yard requirement shall apply.

4. In all buffer yards the entire area shall be maintained and kept clean of all debris, rubbish, weeds and tall grass in conformance with Chapter 10, § 201: Vegetative Growth a Nuisance Under Certain Conditions through § 204: Owner and Occupant Responsibilities of the Code of Ordinances, Borough of Doylestown and shall be planted as required herein.

5. No structure, manufacturing or processing activity, or storage of materials shall be permitted in the buffer yard; however, parking of passenger automobiles shall be permitted in the portion of the buffer yard exclusive of the exterior fifteen-foot width. In the CR-H District parking for multifamily high-rise dwelling(s) shall be in the buffer yard exclusive of the exterior 20 feet of width and shall not encroach into more than 50% of the total buffer yard area.

6. The exterior 15 feet of each buffer yard shall include a dense screen planting of trees, shrubs, or line to serve as a barrier to visibility, airborne particles, glare and noise. Such screen planting shall be in accordance with the following requirements;
A. The required screen planting shall be designed, planted and maintained in accordance with the standards and specifications of Part 4, of the Doylestown Borough Subdivision and Land Development Ordinance.

B. Where screen plantings are required along street frontages these requirements shall be in addition to requirements for street trees specified in Part 4: PROCEDURE of the Doylestown Borough Subdivision and Land Development Ordinance.

C. The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.

D. In accordance with the provisions of § 507: Traffic Visibility Across Corners, a clear-sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.

E. The screen planting shall be broken only at points of vehicular or pedestrian access.

7. No screen planting shall be required along streets which form district boundary lines, provided that:
 
A. No outdoor processing or manufacturing activity and no outside storage of materials shall be so located as to be visible from any adjacent Residential District or residential uses.

B. Only the front of any proposed building shall be visible from any adjacent Residential Districts or residential uses.

8. Prior to the issuance of any Zoning Permit, complete landscape plans showing the arrangement of all buffer yards and the placement, species and size of all plant materials, and type of all fences to be placed in such buffer yard, shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this Chapter.
Driveways and Parking Areas in Rear Yards
Residential driveways and parking areas shall be permitted to be located in a required rear yard, provided that they are located no closer than two feet from either side lot line. Nonresidential driveways and parking areas shall be located no closer than six feet from rear lot lines, and subject to the buffer requirements of § 803.1. This shall not prevent a driveway from taking access from public or private street by crossing a required side or rear yard.
Driveways and Parking Areas in Side Yards
Residential driveways and parking areas shall be permitted to be located in a required side yard, provided that they are located no closer than two feet from either side lot line. Nonresidential driveways and parking areas shall be located no closer than six feet from either side lot line and subject to the buffer requirements of § 803.1. This shall not prevent a driveway from taking access from public or private street by crossing a required side or rear yard.
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, or 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 other source 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.
Exceptions to Minimum Lot Areas and Lot Widths
1. The provisions of § 502: District Regulations shall not prevent the construction of a single-family dwelling, provided the yard requirements are observed, on any lot which was lawful when created and which prior to the effective date of this Chapter was in separate ownership duly recorded by plan or deed.

2. This exception shall not apply to any two or more contiguous lots in a single ownership as of or subsequent to the effective date of this Chapter in any case where a reparceling or replatting could create one or more lots which would conform to the provisions of § 502: District Regulations.
Fences and Terraces in Front Yards
Subject to § 507: Traffic Visibility Across Corners, the provisions of § 502: District Regulations shall not apply to front fences, hedges, nor walls less than seven feet high above the natural grade in the required front yard, nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the level of the floor of the ground story.
Fences and Terraces in Rear Yards
Subject to § 507: Traffic Visibility Across Corners, the provisions of § 502: District Regulations shall not apply to fences, hedges, or walls not over seven feet high above natural grade, nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the floor of the ground story.
Fences and Terraces in Side Yards
Subject to § 507: Traffic Visibility Across Corners, the provisions of § 502: District Regulations shall not apply to fences, hedges, or walls not over seven feet high above the natural grade, nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the floor of the ground story.
Fencing Requirements, General
1. Standards
A. All fences and screens must be erected within the property lines, and no fence or screen shall be erected or planted so as to encroach upon a public right-of-way.

B. See-through fences shall not exceed six feet in height when erected in the rear and side yards to the front building line of the existing building. When erected from the front building line of the existing building toward the front property line, such see-through fence shall not exceed four feet in height. In the case of a property with frontage on more than one street, only the frontage toward which the front building facade is oriented shall be subject to front yard height limits for fence.

C. Solid fences or screens shall not exceed six feet in height and shall not be permitted in front yards. In the case of a property with frontage on more than one street, only the frontage toward which the front building facade is oriented shall be subject to front yard height limits and see-through requirements for fence.

D. Barbed wire shall not be used except in special circumstances required for security purposes such as towers, municipal facilities, and public utilities, or as approved by the Zoning Officer.

E. Fences shall have their most pleasant or decorative side facing the adjacent lot with all support posts and stringers facing inward toward the owner's yard unless such posts or supports are an integral part of the decorative design of the fence.

F. Fences on corner lots shall not violate the requirements of § 507: Traffic Visibility Across Corners of this Chapter regarding traffic visibility across corners.

2. Exempt Fences. The following fences are exempt from permit requirements, and at the discretion of the Zoning Officer, from the provisions of this Article, provided that they are not so constructed as to obstruct the vision of motor vehicle operators or to create other hazards to public safety:
A. Temporary fences constructed of materials approved by the Zoning Officer and not in excess of six feet in height which are erected at a construction site for the purpose of security and protection.

B. Fences erected at the order of the Zoning Officer for the protection of the public.

C. Decorative fences not exceeding 18 inches in height and garden fences not exceeding 24 inches in height.

3. Living Fences. Living fences are subject to all of the provisions of this Chapter, except that they shall be exempt from the permit provisions of this Chapter. In addition, the living fence shall be planted so that the projected mature size of the living fence shall not be closer than two feet to any sidewalk in existence, any prospective sidewalk or lot line. Living fences must be maintained in a neatly trimmed condition and shall not interfere with the visibility of vehicular and pedestrian traffic.

4. Prohibited Fences. It shall be unlawful to erect, construct, install or maintain the following fence structures:
A. A fence which is, in whole or in part, beyond the boundary of private property.

B. A fence which is within six feet of a fire hydrant.

C. A fence that is in violation of § 507: Traffic Visibility Across Corners or creates in any manner a visual obstruction to vehicular traffic and thus creates a hazardous condition.

D. A fence in a dilapidated condition whose appearance is neglected, unkempt or the condition of which, in whole or in part, is in substantial disrepair and, as a consequence, is either unsound, hazardous or ineffectual. Fences shall be coated in a monochromatic finish or shall be left to natural weathering. In no instance shall fence coatings contain any words, symbols, graphics or visual communications in nature of graffiti or signage.

E. Any fence erected containing any hazardous substances, such as broken glass, bathed wire, spikes, nails or similar materials designed to inflict pain or injury to any person or animal. Any fence constructed of such materials shall be deemed to be in violation of this Section.

F. Barbed or razor wire fences.

5. General Requirements.
A. All fences shall be regulated by this Article with the exclusion of earth- or water-retaining walls which shall be governed by other portions of the Code of Ordinances. All fences shall be constructed of masonry, wood, metal or other materials appropriate to their location and purpose.

B. The fence structure shall be adequate to withstand wind-loading and shall in no way inhibit or divert the free flow of surface water from its natural course prior to the installation.

C. If posts or supporting members are in or on the ground, they shall be of decay-, corrosion- and termite-resistant material, whether treated or natural.

D. All fences shall be maintained in a nonhazardous condition and shall not be allowed to become dilapidated.

E. All permitted fences shall be located on the property of the applicant and not within any public right-of-way. No fence shall be permitted to be located within or so as to enclose a drainage easement or over a water meter box or manhole except upon the written authorization of the Zoning Officer. Fences may be permitted within utility easements, subject to the right of the Borough to remove, without cost or obligation to replace or to restore any such fence. A suitable gate to provide access will be provided when water meters are located in a utility easement.

6. Permitting. See § 27-6146 and Fence Permits in the Procedures section.

See § 614: Fences for complete, detailed information.
Front and Side Yards of Corner Lots
On a corner lot, the yard facing each street shall equal the required front yard for lots facing that street.
Front Yard Reduction
Where there is an existing building on each of two lots adjacent on either side to a lot on which a proposed building is to be erected, where both such existing buildings have an alignment nearer to the street than the required front depth elsewhere specified in this Chapter, and when both such existing buildings are within 100 feet of the proposed building, the average of the existing front yard depths of such adjacent lots shall be the minimum required front yard depth of the lot on which the proposed building is to be erected.
Front Yards
Where a minimum depth of front yard is specified in § 502: District Regulations an open space of at least the specified depth shall be provided between the legal right-of-way, or the future right-of-way, wherever the latter exceeds the legal right-of-way, and the nearest point of any building or structure. Only landscaped areas, signs, and necessary drives and walks shall be permitted in the required front yard setback area except as may be provided in § 27-8027.
Glare
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines.
Heat
No use shall produce heat perceptible beyond its lot lines.
Height Exceptions of Maximum Regulations
Penthouses whose purpose is to handle the equipment necessary for required elevator installation or rooftop mechanical equipment shall not exceed 12 feet in height above the finished roof line. All rooftop mechanical systems shall be visually screened, the design of which shall be subject to the approval of the Planning Commission and Borough Council.
Lot Area
1. Where a minimum lot area is specified, no principal building nor use shall be created or established on any lot of lesser area, except as may be permitted in § 502: District Regulations.

2. The lot area and yards required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Chapter. No required lot area and yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this Chapter if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

3. Lot coverage shall not exceed the requirements specified in § 502: District Regulations for the district involved.
Lot Coverage
The lot coverage is the maximum percent of the total lot area which may be covered by the ground floor area of any building or buildings.
For any building or group of buildings on a lot, neither the building coverage nor the floor area requirements shall exceed the maximum percentiles specified in § 502: District Regulations.
 
1. The floor area ratio is the maximum square-foot amount of total floor area permitted for each square foot of lot area.

2. Where a maximum floor area ratio is specified in § 502: District Regulations., no development shall be permitted which exceeds the floor area permitted as specified.

3. For all multifamily low-rise and high-rise dwellings, lot coverage shall include all impervious surfaces in addition to land covered by the ground floor area of any building or buildings. Coverage of the gross site area by impervious surfaces shall not exceed 40% for multifamily low rise dwellings and 42% for multifamily high-rise dwellings.
Maximum Density
The maximum number of dwelling units per acre of land shall not exceed the numbers specified in § 502: District Regulations for the district involved.
Maximum Height of Buildings
1. No building shall exceed the maximum height of buildings specified in § 502 except as specified in § 523: Height Exceptions of Maximum Regulations.

2. Height shall be measured from the grade plane of the building to the highest point of the roof for flat roofs, to the decklines of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

3. For height exceptions of rooftop mechanical systems or elevator penthouses see § 523: Height Exceptions of Maximum Regulations.
Mechanical Equipment in Front Yards
Mechanical equipment such as air conditioners, compressors, generators and electrical transformers shall not be permitted within required front yards. Existing mechanical equipment that is situate within required front yard areas may be replaced in the same location, provided it is of the same size and capacity as the replaced equipment and is located no closer to the property line than the old equipment.
Mechanical Equipment in Rear Yards
Mechanical equipment such as air conditioners, compressors, generators and electrical transformers shall not be permitted within required rear yards. Existing mechanical equipment that is situate within required rear yard areas may be replaced in the same location, provided it is of the same size and capacity as the replaced equipment and is located no closer to the property line than the old equipment.
 
1. Exemption: One emergency standby generator per property may be located as close as five feet from a rear property line, provided that the generator footprint is no larger than 16 square feet, it does not exceed four feet in height, and test cycles are not performed between the hours of 7:00 p.m. and 8:00 a.m., Monday through Friday or any time Saturday or Sunday.
Mechanical Equipment in Side Yards
Mechanical equipment such as air conditioners, compressors, generators and electrical transformers shall not be permitted within required side yards. Existing mechanical equipment that is situate within required side yard areas may be replaced in the same location, provided it is of the same size and capacity as the replaced equipment and is located no closer to the property line than the old equipment.
 
1. Exemption: One emergency standby generator per property may be located as close as five feet from a side property line, provided that the generator footprint is no larger than 16 square feet, it does not exceed four feet in height, and test cycles are not performed between the hours of 7:00 p.m. and 8:00 a.m., Monday through Friday or any time Saturday or Sunday.
Minimum Building Spacing
The building spacing percent, as specified in § 502: District Regulations, is the minimum percent ratio of horizontal distance between facing walls of any two buildings on one lot, one of which is residential, and the height of the taller of the two buildings.
 
1. The minimum horizontal distance between facing walls of any two buildings on one lot, one of which is a residential building, shall be at their closest point at least the greater of (i) 25 feet; or (ii) the distance which bears the minimum ratio specified in § 502, Table of Dimensional Requirements.

2. Facing walls are defined as walls opposite to and parallel with one another or wall lines or extensions of wall lines of opposite walls which intersect at angles of less than 65°.
Minimum Lot Width
Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width less than specified, except as may be permitted by § 506: Exceptions to Minimum Lot Areas and Lot Widths.
Noise
The sound level of all uses and activities permitted pursuant to the provisions of this Chapter shall fully comply with the provisions of Chapter 10, Part 4, of the Code of Ordinances of the Borough of Doylestown, known as the "Doylestown Borough Noise Control Ordinance."
Odor
No 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 5 Commercial Chemicals", October 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
Off-Street Loading Design and Layout
1. Off-street loading facilities shall be designed to conform to applicable requirements of the Doylestown Borough Subdivision and Land Development Regulations.

2. All required loading facilities shall be provided and maintained in accordance with the following requirements:
A. They shall be provided and maintained as long as the use exists which the facilities were designed to serve.

B. They shall not be reduced in total extent after their provision, except when such reduction is in conformity with the requirements of this Part.

C. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the delivery and pickup vehicles that they are designed to serve.
Off-Street Loading Requirements
Off-street loading requirements as specified below shall be provided on any lot on which a building exceeding 6,000 square feet of gross floor area for business or industry is hereafter erected.
 
1. Every department store, freight terminal or railroad yard, hospital, retail establishment, storage warehouse or wholesale establishment, sanitarium, industrial plant or manufacturing establishment shall provide off-street truck loading or unloading berths as specified in the following table: see § 27-8041 for detailed information.

2. Every auditorium, convention hall, exhibition hall, funeral home, office building, restaurant, hotel, sports arena or welfare institution shall provide off-street truck loading and unloading berths as specified in the following table: see § 27-8042 for detailed information.

See § 804: Off-Street Loading for complete, detailed information.
Open Space
1. Open space is land that shall be provided for the purpose of recreation, resource protection, amenity, or buffers; is freely accessible to all residents; and is protected by the provisions of this Chapter to ensure that it remains in such uses. Open space does not include land occupied by buildings, roads, or road rights-of-way; nor does it include the yards or lots of single or multifamily dwelling units or parking areas as required by the provisions of this Chapter. Open space shall be left in a natural state except in the case of recreation uses which may contain impervious surfaces. Such impervious surfaces shall be included in the calculation of the impervious surface ratio.

2. Where a minimum amount of open space is specified in § 502: District Regulations, no development shall be permitted which provides less open space than that specified.

3. Cluster Development (R-2-A District), multifamily low-rise and multifamily high-rise development shall meet the open space requirements of the Zoning Chapter. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained, and administered. The plan and other materials shall be construed as a contract between the land owner(s) and the municipality, and shall be noted on all deeds.

4. The open space shall be laid out in accordance with the best principles of site design. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces and community facilities.

5. All land held for open space shall be so designated on the plans. The plans shall contain the following statement for the lands in categories A, B, or C below: "Open space land may not be separately sold, nor shall such land be further developed or subdivided." All subdivision plans shall further designate the use of open space, the type of maintenance to be provided, and a planting plan or schedule. In designating use and maintenance, the following classes may be used.
 
A. 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.

B. Natural Area. An area of natural vegetation undisturbed during construction, or replanted. Such areas 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 streams shall be kept in free-flowing condition.

C. Recreation Area. An area designated for a specific 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.

6. Designated planting and recreation facilities within the open space areas shall be provided by the developer. A performance bond or other securities may be required to cover costs of installation in accordance with provisions of the subdivision ordinance.

7. All open space, shown on the Final Development Plan as filed in the office of the Borough Manager of Doylestown and subsequently recorded in the Office of the Recorder of Deeds of Bucks County, must be conveyed in accordance with one or more of the following methods:
A. Dedication in fee-simple to the Borough of Doylestown may, but shall not be required to, accept any portion of the open space, provided:
(1) Such land is freely accessible to, and of benefit to the general public of Doylestown Borough;
(2) There is no cost involved;
(3) The Borough agrees to and has access to maintain such lands, and;
(4) It must be acceptable with regard to size, shape, location and improvement.
 
B. By conveying title (including beneficial ownership) to a corporation, association, funded community trust, condominium or other legal entity.
(1) The terms of such instrument of conveyance must include provisions suitable to the Borough for guaranteeing:
(a) The continued use of such land for the intent purpose;
(b) Continuity of proper maintenance for those portions of the open space requiring maintenance;
(c) The availability of funds required for such maintenance;
(d) Adequate insurance protection;
(e) Provisions for payment of applicable taxes;
(f) Recovery for loss sustained by casualty, condemnation, or otherwise;
(g) Such other covenants and/or easements that the Borough shall deem desirable to fulfill the purposes and intent of this Chapter.
 
(2) The following are prerequisites for such a corporation or association:
(a) It must be set up before any homes or dwelling units are sold or leased or otherwise conveyed.
(b) Membership must be mandatory for each buyer and/or lessee and any successive buyer and/or lessee.
(c) It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise, and the maintenance of recreation and other facilities.
(d) Members of beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property.
(e) It must be able to adjust the assessment to meet conditions.
(f) Such corporation or association shall not be dissolved nor shall it dispose of the open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the Borough before any such sale or disposition of the open space.
 
(3) The dedication of open space, streets or other lands in common ownership of the corporation, association or other legal entity, or the Borough, shall be absolute and not subject to reversion for possible future use for further development.

(4) All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Borough Solicitor as to legal form and effect and to the Planning Commission as to suitability for the proposed use of the open space.
Parking Area Design Standards
The design standards for all off-street parking areas on principal use lots with a capacity of three or more vehicles and all off-lot parking areas regardless of vehicle capacity shall be those specified herein and in the Subdivision and Land Development Regulations; provided, however, that if a conflict exists between the provisions of this Part and the Subdivision and Land Development Regulations, the most restrictive provisions shall apply.

1. A buffer strip of a minimum of six feet from all property lines and street lines except as specified in § 609 herein shall be provided around all parking areas required under the provisions of this Chapter. All such buffer areas shall be planted and maintained in accordance with the standards and specifications of Article IV of the Subdivision and Land Development Regulations. Where buffer plantings are required along street frontages, these requirements shall be in addition to the requirements for street trees as specified in Article IV of the Subdivision and Land Development Regulations.

2. All parking areas shall be illuminated in accordance with the standards and specifications of § 22-5294 of the Subdivision and Land Development Regulations. Design of parking lot lighting shall restrict off-site spillover light to 0.1 footcandle maximum within 10 feet of the property lines which are located adjacent to a residential zoning district or residential use.

3. All parking areas and drives required under the terms of this Chapter shall be graded, paved with a suitable all-weather surface and designed with stormwater collection and conveyance facilities as required under § 611: Storm Water Management of this Chapter and in accordance with the standards and specifications of Part 5: DESIGN STANDARDS of the Subdivision and Land Development Regulations.
Parking Regulations, General
1. Existing Parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this Part so long as the kind and extent of use is not changed, provided that any existing parking facilities serving such structures or uses shall not in the future be reduced below that which existed at the date of adoption of this chapter.

2. Change in Requirements. Whenever there is an alteration of a structure or a change or extension of a use which changes the parking requirements according to the standards of § 801: Required Off-Street Parking Space, the total additional off-street parking required for the alteration, change or extension shall be provided in accordance with the requirements of that Section; provided, however, that when a change of use is proposed from Use 7, 8, 12, 20, 21 or 38 or from any residential use under Part 4 of this Chapter to any office, retail or consumer service use, including Uses 23 through 34, whereby the combined total aggregate area of the proposed use will involve more than 3,500 square feet or will involve two or more existing or proposed units or leaseholds, then the total off-street parking requirements of that Section for such proposed use shall be fully applicable thereto regardless of the nature or extent of any existing off-street parking facilities serving the existing use.

3. Conflict with Other Uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.

4. Continuing Character of Obligation. All required parking facilities shall be provided and maintained as long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that, by reason of diminuation in floor area, seating area, the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Part.

Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or unreasonable impediment to traffic.

5. Joint Use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by special exception under Part 11: ZONING HEARING BOARD if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.

6. Fractional Spaces. Where the computation of required parking space results in a fractional number, any fraction of the next highest number shall be counted as "one."

7. Location of Parking Spaces.
A. It is recognized that adequate off-street parking facilities within the Borough are essential to the economic viability of its business community and the safety and convenience of its citizens. It is further recognized that the duty to provide such facilities should fall upon those who develop or redevelop their property, to the extent that such facilities are required by such development or redevelopment.

B. Required off-street parking spaces shall be on the same lot with the principal use served. Where this requirement cannot be met, the Zoning Hearing Board may authorize, as a special exception, the use of land located within 300 feet of the lot on which the principal use is located, as a parking area for the principal use; provided, however, that such off-lot parking shall be permitted only to the extent that parking cannot be reasonably provided on the lot on which the principal use is located. This special exception shall be subject to the following conditions and standards:
 
(1) No more than 30% of the required off-street parking can be provided off lot up to a maximum of six spaces.

(2) No land located in any RI, R2 or CR Zoning District shall be utilized for off-lot parking purposes.

(3) Direct pedestrian access to and from the off-lot parking area via public accessways wherever possible.

(4) Adequate security lighting shall be provided for all off-lot parking areas and pedestrian accessways.

(5) Wherever off lot parking is proposed in combination with on-lot parking, the on-lot parking shall be reserved for customer/client use to the greatest extent possible to satisfy the standards of § 801: Required Off-Street Parking Space of this Chapter. Signage shall be provided to direct employee and customer/client parking.

(6) Off-lot parking areas shall be either owned by the owner of the principal use lot or leased by said owner for a term equivalent to the life expectancy of the principal use or the principal use building or 20 years, whichever is greater, or reserved by perpetual easement in favor of the owner of the principal use lot. Any such lease shall contain a provision that both lessor and lessee must notify the Borough on each anniversary of the lease that the lease is still in full force and in effect between the parties.

(7) Upon application for special exception, proof shall be submitted, in form and substance satisfactory to the Zoning Officer, that the proposed off-lot parking spaces are not obligated or subject to the use of other parties and are fully available for total utilization by the clients, customers or employees associated with the principal use lot.

(8) Once established, the off-lot parking area and number of parking spaces provided shall not be reduced, modified, abandoned or sold separately from the principal use lot except in accordance with Subsection 4, above, of this Part. Any change which affects any of the conditions or standards imposed by this Section or any other conditions imposed by the Zoning Hearing Board in granting the special exception provided for herein shall be immediately reported to the Zoning Officer. Any change which results in the loss or reduction of off-lot parking permitted hereunder shall immediately, ipso facto, require a proportionate discontinuation of a corresponding portion of the principal use area in accordance with § 801: Required Off-Street Parking Space of this Part.

(9) All applications for special exception under this Section shall be reviewed by the Doylestown Borough Planning Commission and the Borough Engineer before consideration by the Zoning Hearing Board.

(10) All off-lot parking areas shall comply with the requirements of the Doylestown Borough Subdivision and Land Development Regulations and the requirements of § 803 of this Part; provided, however, that if a conflict exists between the provisions of this Part and the Subdivision and Land Development Regulations, the most restrictive provisions shall apply.
Projections into Front Yards
Ground-story bays and porches not over half the length of the front wall may project into any front yard 3 1/2 feet. Chimneys, flues, columns, sills, and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard.
Projections into Side Yards
Bays, balconies, chimneys, flues and fire escapes may project into a required side yard not more than 1/3 of its width, and not more than four feet in any case. Ground-story bays and porches not over half the length of the side wall may project into any side yard 3 1/2 feet.
Protection of Solar Access
1. Definitions. See § 27-6121 for terms associated with solar access.

2. Required Standards. The maximum height of a structure in a residential zone as measured from the base elevation shall not exceed 24 feet in the R-3 District — Residential 3 and CR District — Central Residential Zoning Districts and 28 feet in the R-1 District — Residential 1 and R-2 District — Residential 2 Zoning Districts. The height limitations imposed by this section shall take precedence over any other height limitation imposed by this chapter to the extent that the height limitations imposed by this section are more restrictive. The requirements of this section shall take precedence over other provisions of this chapter to the extent that this section specifies other additional or varied requirements; otherwise, all applicable sections of this chapter shall control.

3. Exemptions. The following shall be exempt from the requirements of this section:
 
A. Any portion of a structure in existence, or for which a valid building permit was issued, prior to the effective date of the ordinance first enacting this chapter.

B. Any portion of a structure which received approval by the Historical and Architectural Review Board prior to the effective date of the ordinance first enacting this chapter.

C. Any flagpole, antenna, ornamental spire, chimney, or other building element less than four feet along each horizontal dimension.

D. A utility pole and line.

E. Any structure which, on all sides, is lucent or a minimum of 75% translucent.

F. Any portion of a structure for which a shadow plan is prepared and submitted by the applicant demonstrating that shadows cast by that portion of the structure on December 21, the winter solstice, at 9:00 a.m., 12:00 noon, and 3:00 p.m., Eastern Standard Time, will:
(1) Not exceed the boundaries of a simultaneous shadow cast by a legally existing structure, or by a hill or other topographical feature other than trees or other vegetation; or

(2) Not shade that portion of any adjacent residentially zoned lot which is occupied by a dwelling which conforms to the dimensional requirements of this chapter or which is vacant and could legally and without modification of required yards be occupied in the future by a dwelling; or

(3) Fall entirely within the boundaries of an existing covered or uncovered paved off-street parking area, or paved driveway leading thereto.
Rear Yard Requirements for Triangular Lots
In the case of a triangular lot with no rear lot line, the distance between any point on the building and corner of the lot farthest from the front lot line shall be at least twice the minimum depth specified in § 502: District Regulations.
Rear Yards
No building or structure shall be built within the minimum depth from the rear lot line specified in § 502: District Regulations, except as permitted § 517.2: Mechanical Equipment in Rear Yards, § 27-517.21, and § 518: Accessory Garage Structures Within Required Rear Yards.
Recreation Space
1. Definition: recreation space is defined as the part or parts of a lot designed and developed for use by the occupants of the lot for recreation, gardens, or any leisure activities. Such spaces shall be effectively separated from automobile traffic and readily accessible by all those for whom it is required. At least 75% of the area shall have a grade of less than 8% and all recreation space counted in this computation shall be at least 20 feet away from any residential wall containing a window. Finally, each individual recreation space counted shall have minimum dimensions of 100 feet.

2. Where a minimum amount of recreation space is specified in § 502: District Regulations, no development shall be permitted which provides less recreation space than that specified.

3. A minimum percentage of the required open space in any multifamily low-rise or high-rise development shall be devoted to recreation space according to the following requirements:
A. Multifamily low-rise: 10%.
B. Multifamily high-rise: 16%.
Side Yards
Where a minimum width of side yard is specified in § 502: District Regulations, no building or structure shall be erected within the specified distance from either side lot line, except as permitted in § 514.2: Mechanical Equipment in Side Yards, § 27-514.21, and § 515: Projections into Side Yards.
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.
Spacing of Nonresidential Buildings on the Same Lot
Where two or more main buildings for other than residential uses are proposed to be built upon property in one ownership, front, side and rear yards are required only at lot lines abutting other property. See § 521: Minimum Building Spacing for requirements for residential uses.
Storage and Waste Disposal 1. No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connecting with energy devices, heating, or appliances located or operated on the same lot as the tanks or drums of fuel.

2. All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence.

3. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred 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.
Storm Water Management
All applications for development shall comply fully with the provisions of Chapter 8, Part 1, of the Code of Ordinances of the Borough of Doylestown, known as the "Doylestown Borough Stormwater Management Ordinance."
Traffic Visibility Across Corners
1. In any district, no structure, fence nor planting shall be maintained between a plane two feet above curb level and a plane seven feet above curb level so as to interfere with traffic visibility across the corner within that part of the required front or side yard which is within a triangle bounded by the street lot line and a straight line drawn between points on each lot 25 feet from the intersection of said lot lines or extension thereof.

2. At each point where a private accessway intersects a public street or road, a clear-sight triangle of 10 feet measured from the point of intersection of the street line and the edge of the accessway shall be maintained, within which vegetation and other visual obstructions shall be limited to a height of not more than two feet above the street grade.
Vibrations
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration produced as a result of construction activity.