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JMZO ORDINANCE NO. __________

NEWTOWN TOWNSHIP ORDINANCE NO. ________

WRIGHTSTOWN TOWNSHIP ORDINANCE NO. ________

UPPER MAKEFIELD TOWNSHIP ORDINANCE NO. ________

AN ORDINANCE OF THE TOWNSHIP OF NEWTOWN, TOWNSHIP OF WRIGHTSTOWN, AND TOWNSHIP

OF UPPER MAKEFIELD, BUCKS COUNTY, PENNSYLVANIA, AMENDING THE NEWTOWN AREA JOINT

MUNICIPAL ZONING ORDINANCE OF 1983, AS AMENDED, TO ESTABLISH THE “LI/O-LI NEWTOWN

COMMONS OVERLAY DISTRICT”; TO PROVIDE A PURPOSE, APPLICABILITY, USE REGULATIONS, AREA

AND DIMENSIONAL REQUIREMENTS, AND DEVELOPMENT STANDARDS FOR THE COMMONS OVERLAY

DISTRICT; AND TO ESTABLISH A “MIXED USE DEVELOPMENT” USE AND A “TOWN CENTER APARTMENT”

USE AS NEW USES IN THE COMMONS OVERLAY DISTRICT; AMENDING THE NEWTOWN AREA JOINT

MUNICIPAL ZONING MAP TO CREATE A NEW OVERLAY DISTRICT COMPRISING ALL PARCELS ZONED LI –

LIGHT INDUSTRIAL DISTRICT OR O-LI – OFFICE-LIGHT INDUSTRIAL DISTRICT; REPEALING ALL

INCONSISTENT ORDINANCES OR PARTS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND

PROVIDING AN EFFECTIVE DATE

WHEREAS, the Boards of Supervisors of Newtown, Wrightstown, and Upper Makefield Townships

have enacted the Newtown Area Joint Municipal Zoning Ordinance of 1983, as amended (the “JMZO”);

and

WHEREAS, the LI – Light Industrial District and the O-LI – Office-Light Industrial District are located

in Newtown Township and are designated as the “Newtown Business Commons”, containing, inter alia,

light industrial, office, warehouse, research, and manufacturing uses; and

WHEREAS, the Newtown Township Planning Commission, in conjunction with the Bucks County

Planning Commission, has studied ways to incorporate the ability to live, shop, obtain personal services,

and work within walking distance within the Newtown Business Commons and has recommended the

establishment of mixed-use buildings, including town center apartments, that will increase pedestrian

travel while reducing vehicular travel, thus helping to reduce the carbon footprint;

NOW, THEREFORE, be it, and it is hereby ORDAINED by the Boards of Supervisors of Newtown

Township, Wrightstown Township, and Upper Makefield Township, and it is hereby ENACTED and

ORDAINED by authority of same as follows:

I. The Newtown Area Joint Municipal Zoning Ordinance is amended to add a new Section 700-A.8

as follows:

Section 700-A.8. LI/O-LI Newtown Commons Overlay District (“Commons Overlay District”)

A. Purpose.

The Commons Overlay District is intended to permit and encourage a mix of land uses on previously

developed lands and for new construction in the LI and O-LI districts. Through appropriate

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regulations, provisions in the Commons Overlay District encourage mixed-use development to

promote a vibrant community where dwellings, shops, service-oriented businesses, and workplaces

are all within walking distance of each other. The purposes of this Commons Overlay District are

outlined as follows:

1. Encourage and promote flexible development and redevelopment in the underlying LI Light

Industrial and the O-LI Office-Light Industrial districts.

2. Foster economic viability by addressing current community needs and planning for future

housing and employment trends.

3. Facilitate the redevelopment of underutilized commercial properties and the efficient use of

land.

4. Provide additional housing opportunities in an appropriate location and scale.

5. Provide for a mix of complementary uses such as office, commercial, higher-density residential,

institutional, and light industrial at an appropriate scale and balance.

6. Improve opportunities for the use of various modes of transportation to safely accommodate

automobile, pedestrian, and bicycle traffic.

7. Plan for a walkable community with pedestrian-oriented buildings, connections to nearby

destinations, and open spaces, such as parks and plazas, that provide outdoor areas for those

living and working in the area to enjoy.

8. Promote mixed-use development where it is most logical to take advantage of existing public

transit routes.

9. Improve the architectural appearance, streetscape design, and overall aesthetics within the

Commons Overlay District through design standards that reflect the community vision for the

Newtown Business Commons area.

10. Recognize Newtown-Yardley Road and Penns Trail as primary gateways into the Jointure

municipalities from Route 332 and points south and east and provide uniform standards to

strengthen and enhance these gateway corridors.

B. Applicability.

1. The Commons Overlay District is applicable to all parcels within the LI Light Industrial and O-LI

Office-Light Industrial zoning districts.

2. Once a parcel is developed under the provisions of the Commons Overlay District, it may not be

further developed using the provisions of the underlying district and/or may not revert back to a

use permitted in the underlying district that is not specifically permitted in the Commons

Overlay District. When a plan is being developed under the Commons Overlay District, whenever

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there is a conflict between regulations permitted in an underlying zoning district and the

Commons Overlay District regulations, the Commons Overlay District regulations, not the

underlying zoning district regulations, shall apply.

C. Use Regulations.

A building may be erected or altered to be used either in whole or in part, and a lot may be used or

occupied, for any of the following uses, provided that such uses, buildings, or structures shall comply

with such regulations as yards, lot sizes, lot width, building area, height, impervious surface,

easements, buffer yards, off-street parking, and other requirements as specified in this Chapter. All

such uses shall be served by public water and sewer.

1. Uses by Right.

a. Mixed-Use Development, use J-1

b. Town Center Apartments, use B-20

i. Town Center Apartments are only permitted as part of a Use J-1 - Mixed- Use Development.

2. Uses by Conditional Approval.

a. Recreational Facility, use C-5

b. Community Center, use C-9

c. Retail Store, use E-1

d. Service Business, use E-3

e. Financial Establishment, use E-4

i. Drive-throughs shall not be permitted for this use

f. Eating Place, use E-5

g. Eating Place – Drive-in, use E-6

h. Repair Shop, use E-7

i. Entertainment, use E-9

j. Specialty-Cultural Shopping Facility, use E-14

k. Community Shopping Center, use E-15

l. Commercial Conversion, use E-16

m. Tavern, use E-17

n. Microbrewery, Micro-Winery, Micro-Distillery, Brewpub or Tasting Room, use E-25

o. Art Studio and Art Gallery, use E-27

p. Community Theater, use E-28

D. Area and Dimensional Requirements.

1. Table of Area and Dimensional Regulations. The following area and dimensional regulations shall

apply: