Zoning Ordinance

NEW HOPE BOROUGH ADOPTS NEW ZONING ORDINANCE

Click here for new zoning ordinance (pdf file)
Click here for new zoning map (pdf file)

On November 15, 2006 New Hope Borough Council adopted Ordinance 2006-14, approving a comprehensive amendment to the Borough Zoning Ordinance and map.

Copies of the new Zoning Ordinance and map are availabel for purchase at Borough Hall at a cost of $40.00. The ordinance and map may also be downloaded by clicking on the links indicated above.

The comprehensive amendment addresses current practices in land use regulation, case law, and amendments to the Pennsylvania Municipalities Planning Code and satisfies the requirements of the Code with respect to planning, land use, and zoning.

The adopted ordinance improves on the Borough’s 1981 zoning by addressing the goals and objectives of the 1997 Borough Comprehensive Plan, new land use issues, and improvements to outdated environmental and natural resource protection standards.

The new floodplain regulations have been reviewed by the agencies responsible for developing national and state floodplain policies to ensure compliance with relevant laws and regulations and to prohibit development that would increase flood heights, velocities, and frequencies. For example, the ordinance prohibits any increase in the amount of impervious surfaces on a lot located with the 100-year floodplain, except for residential sheds of less than 100 sq. ft.

Protections for environmentally sensitive areas, such as wetlands, steep slopes, streams, riparian buffers, woodlands, and the historic Delaware Canal have been added to the ordinance.

The ordinance, for the first time, establishes regulations to protect older buildings in the Borough’s historic district by prohibiting the demolition of historic structures, unless the property owner can successfully demonstrate that the structure is in irreparable condition and cannot be adapted or used. The ordinance also prohibits passive demolition or demolition by neglect and, to the extent allowed by state law, encourages the protection of the Borough’s many and unique historic architectural resources.

The ordinance strives to protect the residential areas of the Borough, while allowing for a vibrant commercial district. The ordinance limits the types of new residential uses in the Central Commercial (CC) district in order to preserve its commercial core. Residential conversions and dwellings in combination with retail uses will continue to be permitted in the CC district. This change addresses the intent of the 1997 Comprehensive Plan to protect the integrity of the central business district.

The ordinance addresses parking regulations in the downtown area by providing innovative options to satisfy parking requirements. Provisions have been included to permit requirements for off-street parking to be addressed by valet parking, off-premises leased parking, and payment of a fee-in-lieu of providing the required number of parking spaces in order to generate capital to address long-term parking needs.

The LI (1) Light Industrial zoning district has been eliminated and replaced with a new Mixed Use (MU) zoning district. The purpose of the Mixed Use district is to allow for a traditional mix of residential and office uses outside of the central business district, with standards to encourage and control a continuation of historic development patterns

Other significant changes in the zoning regulations of New Hope Borough are summarized below.

1. The use regulations have been amended to address new types of uses and relevant court decisions. For example, state law now mandates that all zoning ordinances provide for forestry and timber harvesting uses, and case law now requires inclusion of a mobile home park use. A traditional neighborhood development use has been added in the Mixed Use (MU) district to allow a mixture of housing types consistent with the design principles of traditional neighborhoods. A telecommunications facility use has also been added to address advances in communications technology since 1981. The retail store use has been divided into additional use categories, such as convenience store and retail food shop, with related changes to distinguish between traditional restaurants and smaller retail stores selling coffee, sandwiches, etc.

2. A portion of the Urban Residential (RB) district on West Bridge Street, in the vicinity of Union Square, has been reclassified to a Light Commercial (LC) district, similar to the LC district enacted in 1993, south of Coryell Street, where various types of commercial activities had encroached into a residential area. This change will limit nonresidential uses to the same uses currently permitted in the LC District.

3. Some individual uses have been changed to address Zoning Hearing Board decisions. For example, the E15, retail food shop use, currently prohibits seating on premises. The new E12, retail food shop use, will permit a maximum of eight (8) seats on premises and specify that more than eight (8) seats will constitute a restaurant use.

4. Non-conforming structures will now be limited to expansion along the same line, plane, or dimension as existed previously for a maximum distance of ten (10) feet.

5. Use areas on lots have been defined and regulated to specify areas outside of structures that may be utilized for such uses as outdoor seating for restaurants and outdoor displays and sales area for retail stores. This will allow regulation of retail and commercial uses for the purpose of protecting neighboring properties from related nuisances, such as noise, glare, etc.