Hatboro City Zoning Code
PART 22
ADMINISTRATION
§ 27-2201 Zoning Officer.
[Ord. 761, 8/26/1985, § 2000]
The provisions of this chapter shall be enforced by a Zoning Officer appointed by Borough Council. The Zoning Officer shall be appointed at the first meeting of Borough Council following the adoption of this chapter, to serve until the first day of January next following, and shall thereafter be appointed for a term of one year and until his successor is appointed. The Zoning Officer may succeed himself. He shall receive such fees or compensation as Borough Council may by resolution provide.
§ 27-2202 Duties and Powers of Zoning Officer.
[Ord. 761, 8/26/1985, § 2001; as amended by Ord. 1005, 5/23/2011]
1.
It shall be the duty of the Zoning Officer and he shall have power to:
A.
Keep a record of all plans and applications for permits, and all permits issued with notations as to special conditions attached thereto. All records of the Zoning Officer shall be open to public inspection.
B.
Review applications for permits for erection or alteration of buildings or structures, or for a use or change of use, to determine whether such erection, alteration or use is in conformance with all the requirements of this chapter, all other ordinances and regulations of the Borough of Hatboro and all laws and regulations of the Commonwealth of Pennsylvania. The Zoning Officer shall issue no permit unless it conforms to all applicable ordinances and regulations of the Borough of Hatboro and all laws and regulations of the Commonwealth of Pennsylvania.
C.
Conduct inspections and surveys to determine compliance and noncompliance with the provisions of this chapter. In carrying out such inspections and surveys, the Zoning Officer or his representative may enter upon any land, building, or structure within the Borough of Hatboro.
D.
Issue written orders requiring compliance with the provisions of this chapter, to be served personally or by certified mail.
E.
Institute proceedings in courts of proper jurisdiction to enforce the provisions of this chapter.
F.
Maintain a map showing the current zoning classification of all land within the Borough of Hatboro.
G.
Maintain a map and register showing the registration, identity, location and type of all nonconforming uses within the Borough of Hatboro.
H.
Participate in all proceedings before the Zoning Hearing Board, and present facts and information to assist the Board in reaching decisions in accordance with this chapter and take all other actions necessary to enforce this chapter.
§ 27-2203 Zoning Permits.
[Ord. 761, 8/26/1985, § 2002]
No building or structure shall be erected or altered in the Borough of Hatboro, or use of any building or structure changed, until a zoning permit shall have been issued by the Zoning Officer. The applicant shall notify the Zoning Officer of completion of the work for which the permit was issued. No permit shall be final until the Zoning Officer has inspected the work, approved the work as being in conformity with all ordinances and regulations of the Borough of Hatboro and all laws and regulations of the Commonwealth of Pennsylvania, and noted such approval on the zoning permit.
§ 27-2204 Application for Zoning Permits.
[Ord. 761, 8/26/1985, § 2003]
All applications for zoning permits shall be made in writing to the Zoning Officer by the landowner or his authorized agent on a form provided by the Zoning Officer. The application (A) shall include a statement as to the proposed use of the building or structure; (B) shall be accompanied by a plan, drawn to scale, showing the location of the building or structure in relation to property and street lines; (C) shall include a statement that the boundary lines of all streets shown on the plan have been located and staked on the premises by a registered land surveyor competent to give such location; when required by the Zoning Officer; and (D) shall give the name and address of the person who has so located and staked the street lines. In the case of signs, size, location and construction shall be shown on the application.
§ 27-2205 Expiration of Zoning Permits.
[Ord. 761, 8/26/1985, § 2004]
A zoning permit issued under authority of this chapter shall expire six months after the date of issuance unless the permittee shall have commenced substantial construction or use of the property which is the subject of the permit in accordance with the terms of the permit within such six-month period.
§ 27-2206 Appeals and Applications to the Zoning Hearing Board.
[Ord. 761, 8/26/1985, § 2005]
1.
Applications for special exceptions and variances from the terms of this chapter, appeals from decisions of the Zoning Officer and all other applications properly taken to the Zoning Hearing Board shall be filed with the Secretary of the Zoning Hearing Board and shall state:
A.
The name and address of applicant and his attorney, if any.
B.
The name and address of the owner of the real property affected by the proposed use, special exception, or variance.
C.
A brief description and the location of the real property affected by the proposed change.
D.
A statement of the present zoning classification of the real property in question, the improvements thereon and the present use thereof.
E.
A statement of the sections of this chapter under which the special exception, variance, or use requested may be allowed and the reasons why it should be granted; and the nature of the special exception, variance, or use requested.
F.
A statement of the improvements intended to be made and the dimensions of such improvements. A plot plan shall be attached of the real property affected, indicating thereon the location and dimensions of the lot, the dimensions of the present improvements and the dimensions of the proposed improvements.
§ 27-2207 Time for Appeals.
[Ord. 761, 8/26/1985, § 2006]
An appeal from the decision of the Zoning Officer shall be taken within 30 days from the date of the decision.
§ 27-2208 Fees.
[Ord. 761, 8/26/1985, § 2007]
The applicant for a zoning permit shall, at the time of making the application, pay to the Zoning Officer for the use of the Borough of Hatboro, a fee in accordance with a fee schedule adopted from time to time by resolution of Borough Council.
§ 27-2209 Conditional Use Process.
[Ord. 761, 7/26/1985; as added by Ord. 971, 12/18/2006, § 5]
1.
Purpose. The conditional use approval process is designed to allow Borough Council the opportunity to review and render a decision upon certain activities and uses that could have a significant impact upon the Borough.
2.
Procedure. Applications for conditional use approvals shall meet all requirements in the sections of this chapter, which authorize such conditional use. Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq.
3.
Consideration of Conditional Use Application. When a conditional use is provided for in this chapter, Borough Council shall hear and decide requests for such conditional uses in accordance with stated standards and criteria for the use and the following standards. The burden of proof shall rest with the applicant, who shall be required to provide substantial credible evidence.
A.
Compliance. The applicant shall establish that the use will comply with all requirements established by this chapter. The applicant shall provide the Borough Council with sufficient plans, studies, or other data to demonstrate compliance with all applicable regulations.
(1)
Documents. In addition to any documents required by any other sections of this chapter, the applicant shall supply rendered elevations and perspective sketches as part of the plan review process.
B.
Conflict. The applicant shall establish that the use will clearly not be in conflict with other Borough ordinances or state or federal laws or regulations known to the Borough Council. The Council may condition zoning approval upon future proof of compliance with another ordinance, law, or regulation.
C.
Traffic Impact. The applicant shall establish that the traffic generated by the use will be accommodated in a safe and efficient manner, after considering any improvements that the applicant commits to complete or fund. The applicant shall show that the use will not result in or substantially add to a significant traffic hazard, significant traffic congestion, or a significant pedestrian safety hazard.
D.
Neighborhood Impact. The applicant shall establish that the proposed use will not significantly negatively impact upon the desirable character of an adjacent established residential neighborhood, such as causing substantial amounts of heavy truck traffic to travel through a residential neighborhood, or a significant odor or noise nuisance or very late night/early morning hours of operation, without proper safeguards.
E.
Internal Traffic Circulation. The applicant shall establish that the proposed use will be properly designed with regard to internal circulation, driveway access, site layout, parking layout, buffering, and all other elements of proper site design.
F.
Public Health and Safety. The applicant shall establish that the proposed use will not create a significant hazard to the public health and safety, such as fire, toxic or explosive hazards.
G.
Stormwater Management. All requirements contained within this chapter, Subdivision and Land Development [Chapter 22] (as amended), and Stormwater Management Ordinances [Chapter 23] (as amended) of the Borough of Hatboro as well as all applicable state and county regulations shall apply. Stormwater management facilities must address volume reduction, groundwater recharge, peak rate control, and water quality. Designs must incorporate features that provide aesthetic and wildlife benefits while controlling vectors and other nuisances, including mosquitoes. Stormwater facilities shall be designed based on accepted standards such as those provided in the Pennsylvania Storm Water Best Management Practices Manual, as amended.
H.
Architectural Impact. The applicant shall establish that the proposed "use" will not have a negative impact upon any historically or architecturally significant structure. Adjacent properties and structures that are historically or architecturally significant shall be considered and protected.
4.
Process. As part of the process of conditional use, Borough Council may propose design changes as a condition of approval to consider the following elements:
A.
Buildings, driveways, parking areas, loading areas, outdoor activity areas, light sources, trash areas, and potential nuisances, which shall be located and designed to minimize adverse impacts on abutting properties. Borough Council may require alternate site layouts in order to limit the adverse impact of any proposed conditional use.
B.
Driveway intersections with streets and traffic circulation patterns within lots shall be located and designed to minimize congestion and safety problems on abutting streets and nearby intersections. Borough Council may require alternate driveway locations and site design in order to alleviate potential congestion or safety problems.
5.
Conditions. Borough Council, in approving conditional use applications, may attach conditions necessary to protect the public health, safety, morals, and welfare. These conditions shall be listed on the recorded plan and shall be enforced by the Borough of Hatboro. Failure to comply with such conditions shall constitute a violation of this chapter and the owners shall be subject to the penalties set forth in this chapter and as allowed by law.