Bensalem, PA Zoning Overlays & Bonuses: Downtown Design Guide (2026)
Key Facts
- Adopted
- Ordinance No. 2015-10, December 22, 2015
- Standards location
- Zoning Code Appendix B, Manual of Design Guidelines
- Applicability
- Optional, only districts named in Appendix B
- No mixing rule
- Cannot combine overlay and underlying-district rules
- Administered by
- Zoning Officer, sections 232-762 to 232-764
Summary
Bensalem Township adopted a downtown-style design overlay called the Bensalem 2018 Regulating Code under section 232-346 of the Zoning Code. Property owners in the districts named in Appendix B can opt into the Regulating Code's building massing, streetscape and parking standards instead of their underlying zoning district's rules, but the ordinance bars mixing the two regulatory tracks on the same property.
(a)In order to encourage a mix of uses and building types ... by regulating building massing, streetscapes, and parking locations ... and by preserving the unique community characteristics of the Township ... the Re ... gulating Code set forth in a Manual of Written and Graphic Design Guidelines, titled the "Bensalem 2018 Regulating Code," attached hereto as appendix B, incorporated herein in its entirety by reference, shall be applicable, at the option of the applicant, to the zoning districts specified in said appendix B. ... (b)In the Bensalem 2018 Regulating Code overlay district, should the applicant opt in to the Regulating Code, the requirements of the overlay district shall apply exclusively to those uses proposed by the applicant. ... Combining the regulations of the overlay district with the regulations of the underlying district is not permitted.
Full Breakdown
Adopted by Ordinance No. 2015-10 on December 22, 2015, the Bensalem 2018 Regulating Code is an optional overlay layered on top of the Township's conventional base-zoning map rather than a mandatory downtown code. Section 232-346 incorporates by reference a companion document, the Manual of Written and Graphic Design Guidelines titled the 'Bensalem 2018 Regulating Code,' attached to the Zoning Code as Appendix B, which contains the actual building-massing, streetscape and parking-location standards an applicant must meet if they choose the overlay. The overlay only applies in the zoning districts Appendix B specifically names, and only if the applicant elects to use it: an applicant can instead build under the ordinary rules of the underlying zoning district.
Section 232-346(b) forbids mixing the two systems on a single application, so a developer cannot claim the overlay's use flexibility while keeping the underlying district's dimensional standards, or vice versa; whichever track the applicant chooses governs 'exclusively.' The Regulating Code sits alongside two other optional overlays the Township maintains in the same article of the Zoning Code: the Continuing Care Retirement Community overlay under sections 232-341 through 232-345, and the Historic Resources Overlay under sections 232-347 through 232-351, each triggered only when a property owner opts in rather than applying automatically.
Applications under the Regulating Code go through the same Zoning Officer permit review under sections 232-762 through 232-764 as any other zoning application, and disputes over whether Appendix B's standards have been met can be appealed to the Zoning Hearing Board under section 232-781.
Violations & Fines
Failing to meet Appendix B's design standards after opting into the Regulating Code, or mixing overlay and underlying-district requirements on the same application, is a zoning violation under section 232-346(b). The Zoning Officer reviews Regulating Code applications through the same permit process as any other zoning matter under sections 232-762 through 232-764, and can withhold a permit, issue a cease and desist order, or refer noncompliance for a citation before the district magistrate.
Frequently Asked Questions
What is the Bensalem 2018 Regulating Code?
Can I mix the Regulating Code with my district's normal zoning rules?
Is every property in Bensalem subject to the Regulating Code?
Sources & Official References
Other rules in Bensalem
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