Hatboro City Zoning Code
PART 23
ZONING HEARING BOARD
§ 27-2301 Appointments.
[Ord. 761, 8/26/1985, § 2100]
The Borough Council shall appoint a Zoning Hearing Board consisting of three members. The Borough Council shall designate one such member to serve until the first day of January following the effective date of this chapter, one until the first day of the second January thereafter and one until the first day of the third January thereafter; and shall appoint three successors on the expiration of their respective terms to serve three years, and shall fill any vacancy for the unexpired terms of any member whose term becomes vacant. The members of the Zoning Hearing Board shall be removable for cause by Borough Council upon written charges and after a public hearing. The word "Board" when used in this Part shall mean the Zoning Hearing Board.
§ 27-2302 Powers and Duties.
[Ord. 761, 8/26/1985, § 2101]
1.
The Board shall have the following powers and duties:
A.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Officer or other administrative official in the enforcement of the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq., or this chapter.
B.
To hear and decide requests for special exceptions provided for by this chapter.
C.
To hear and decide requests for variances from the provisions of this chapter where a literal enforcement of such provisions will inflict an unnecessary hardship.
§ 27-2303 Authority of the Board.
[Ord. 761, 8/26/1985, § 2102]
In exercising its powers and duties, the Board shall have the powers authorized for such boards by the Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended; and may reverse or affirm, wholly or in party, and may modify the order, requirement, decision, or determination appealed from; and may make such order, requirement, decision, or determination as ought to be made and to that end, shall have all the powers of the officer from whom the appeal is taken.
§ 27-2304 Rules of Procedure.
[Ord. 761, 8/26/1985, § 2103]
The Board may adopt rules of procedure consistent with the powers and duties granted to it by the Municipalities Planning Code, 53 P.S. § 10101 et seq., and the provisions of this chapter with respect to the filing of appeals and applications to the Board and as to the conduct of the business of the Board.
§ 27-2305 Meetings.
[Ord. 761, 8/26/1985, § 2104]
Meetings of the Board shall be held at the call of the Chairman and at such times as the Board may determine. The Chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
§ 27-2306 Notice of Hearings.
[Ord. 761, 8/26/1985, § 2105]
1.
Upon filing with the Board of an appeal or application, the Board shall fix a reasonable time and place for a public hearing thereon and shall give 10 days' notice as follows:
A.
By publishing a notice thereof once a week for two successive weeks in a newspaper of general circulation published or circulated in the Borough of Hatboro.
B.
By mailing or serving due notice thereof to the applicant and other parties in interest.
C.
By mailing or serving due notice thereof to the Manager of Borough Council, the Zoning Officer and the Secretary of the Planning Commission.
D.
By mailing due notice thereof to every resident or association of residents of the Borough of Hatboro or other interested party who shall have formally registered their names and addresses for this purpose with the Board subsequent to the date of this chapter.
E.
By mailing or serving due notice thereof to the owner or owners, if their residence is known, or to the occupier or occupiers of every lot on the same street within 500 feet of the lot or building in question and of every lot not on the same street within 150 feet of the said lot or building; provided, that failure to give the notice required by this paragraph shall not invalidate any action taken by the Board.
F.
The notices herein required shall state the location of the building, structure or lot and the general nature of the question involved.
§ 27-2307 Decision of the Zoning Hearing Board.
[Ord. 761, 8/26/1985, § 2106]
1.
The Zoning Hearing Board shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after last hearing before the Board. When the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., or of any ordinance, rule, or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
A.
A copy of the final decision, or where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date.
B.
To all other persons who have filed their name and address with the Board not later than the last day before the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 27-2308 Standards for Zoning Hearing Board Review of Application for Variance.
[Ord. 761, 8/26/1985, § 2107]
1.
In any instance where the Zoning Hearing Board is required to consider a variance from this chapter or Zoning Map, the Board may grant a variance provided the following findings are made where relevant in a given case:
A.
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter, the neighborhood, or district in which the property is located.
B.
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
C.
That such unnecessary hardship has not been created by the applicant.
D.
That the variance, if authorized, will not alter the essential character of the neighborhood, or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
E.
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
§ 27-2309 Conditions and Safeguards Attached to Variances.
[Ord. 761, 8/26/1985, § 2108]
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, and this chapter.
§ 27-2310 Applications for Grant of a Special Exception.
[Ord. 761, 8/26/1985, § 2109; as amended by Ord. 859, 9/30/1991]
1.
In any instance where the Zoning Hearing Board is required to consider a special exception from this chapter or Zoning Map the Board shall make the following findings:
A.
That the property is suitable for the use desired, and that the proposed change is consistent with the spirit, purpose and intent of this chapter.
B.
That the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood; and, that the use of the property adjacent to the area included in the proposed change or plan can be adequately safeguarded.
C.
That the proposed change will serve the best interests of the Borough of Hatboro, the convenience of the community and the public welfare.
D.
That the proposed change will not have an adverse effect on the efficient, logical and economic extension of public services and facilities, including without limitation public water, public sewer, police and fire protection, and public schools.
E.
That the proposed use will not have an adverse effect on the use of the Borough streets, and will not cause undue congestion or hazard to the users thereof.
F.
In addition to the foregoing required findings by the Zoning Hearing Board, the following additional findings shall also be required for a special exception to use the property for a child day care center, a family day care home or a group day care home.
(1)
The applicant shall demonstrate to the Zoning Hearing Board that the property meets all current regulations of the Department of Public Welfare of the Commonwealth of Pennsylvania for the type of child day care operation proposed.
(2)
At all types of child care facilities there shall be a driveway designed to provide a safe off street area for the dropping off and picking up of children and provisions for all vehicles to be turned around on the property to avoid the backing of vehicles onto any street or highway.
(3)
There shall be one parking space for each employee of a group day care home located in a residence in an R-1 or R-2 Zoning District in addition to the two off street parking spaces required for residential use and the requirements of Subsection 1F(2).
(4)
At all types of child care facilities there shall be sufficient outdoor lighting fixtures to ensure a well lit driveway at the times of darkness during the hours of operation of the day care facility.
(5)
Family day care homes and group day care shall have a minimum of 40 square feet of floor space for each child on the first floor of the building, measured interior wall to interior wall, inclusive of space occupied by cupboards, shelves, furniture, and equipment but exclusive of halls, bathrooms, offices, kitchens, closets, and related areas. A finished room or rooms in a basement may be used, provided there is a direct exit to the outdoors at grade level. The minimum required square footage must be all on one level with bathroom facilities on the same level.
(6)
Family day care homes and group day care homes shall have a minimum of 65 square feet of space of outside play area for each child, which shall be located within the rear or side yards of the property. Play area must be reasonably level and fully enclosed with a safety fence at least four feet in height and equipped with self-closing and self-latching gates. The play area shall not include driveways or parking areas which are in use during the hours of operation, and shall not include any swimming or ornamental pool. Required fence shall be constructed of masonry, wire mesh, or chain-link fencing of a minimum of nine-gauge wire, or wood with at least 3/4-inch thickness. There shall be no gap or opening in such fence in excess of three inches in width.
(7)
Group day care centers shall fully meet the layout and square footage requirements for both indoor child care spaces and outdoor play area spaces as set by the Department of Public Welfare of the Commonwealth of Pennsylvania for a license to operate a group day care center.
(8)
In addition to the Department of Welfare requirements for a fenced in outdoor play area, additional fencing or natural screening may be required to protect the peace and privacy of abutting property owners.
§ 27-2311 Conditions and Safeguards Attached to Special Exceptions.
[Ord. 761, 8/26/1985, § 2110]
In granting any special exception, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended, and this chapter.
§ 27-2312 Standards for Zoning Hearing Board Review of Institutional Uses.
[Ord. 761, 8/26/1985, § 2111]
1.
In reviewing an application for a special exception to construct or modify for an institutional use in any residential or commercial district, as described in this chapter, the Zoning Hearing Board shall use the following standards:
A.
Area. The minimum lot size for an institutional use shall be 40,000 square feet.
B.
Building Coverage. The total area covered by buildings shall not exceed 60% of the total lot area. The remaining area shall be used for, and maintained as, landscaped open space, recreational area, woodlands, or similar nonintensive use. No more than 20% of this remaining area may be covered by blacktop, concrete or similar impervious material for use as parking areas, walkways, or vehicular accessways.
C.
Height. The maximum height of any building or structure shall be as set forth in the applicable zoning district, except that such height may be increased when approved by the Zoning Hearing Board, provided that for every foot of height in excess of the permitted height there shall be added to each yard requirement one corresponding foot of width or depth.
[Amended by Ord. 1039, 10/10/2016]
D.
Yard Requirements.
(1)
Frontage. The minimum frontage on a public road or highway shall be 125 feet measured along the street line.
(2)
Front Yard. A front yard depth of not less than 75 feet measured from the right-of-way line to the building foundation wall nearest to the right-of-way line. A front yard shall be that yard that extends from the right-of-way line to the nearest wall of the principal building.
(3)
Side Yard. There shall be two side yards of not less than 25 feet in width on each side of every building measured from the side property line to the building foundation wall nearest to the side property line.
(4)
Rear Yard. A rear yard depth of not less than 40 feet measured from the rear property line to the building foundation wall nearest to the rear property line. A rear yard is that yard directly opposite the front yard.
E.
Required Documents for Zoning Hearing Board Review.
(1)
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots, and other constructional features of the lot; and, all buildings, streets, alleys highways, streams, and other topographical features of the lot and adjoining lots within 200 feet on any lot line.
(2)
Architectural plans for any proposed building.
(3)
A description of the institutional operations proposed in sufficient detail to indicate the effects of these operations in producing traffic congestion, noise, glare, or safety and environmental hazards.
(4)
Engineering and architectural plans for the treating and disposal of sewage and the delivery of water to the site.
(5)
Engineering and architectural plans for the handling of any excess traffic congestion, noise, glare, or safety and environmental hazards.
(6)
Any other pertinent data that the Zoning Hearing Board may require.
F.
Nuisance Controls. The applicant for institutional use shall make provisions for each of the following:
(1)
A planned system of efficient access, egress, and internal circulation of traffic which shall insure minimum interference with traffic on nearby public streets or highways. The plan shall include the required off-street loading and unloading space as set forth in § 27-2008 of this chapter.
(2)
Outdoor lighting shall be arranged in a manner which will protect adjacent public streets and highways, and neighboring properties from unreasonable glare.
(3)
A satisfactory plan for disposal of solid waste material. All solid waste shall be stored in covered containers. No solid waste shall be stored closer than 50 feet to any property line, unless a variance is obtained from the Zoning Hearing Board.
(4)
No operations creating an unreasonable amount of noise outside the property lines shall be allowed.
§ 27-2313 Burden of Proof.
[Ord. 761, 8/26/1985, § 2112]
In all matters before the Zoning Hearing Board, the burden of proof in all instances and as to all matters shall be on the applicant.
§ 27-2314 Advisory Review by the Planning Commission.
[Ord. 761, 8/26/1985, § 2113]
At least 10 days before the date of a hearing required by law for an application for special exception or variance before the Zoning Hearing Board, the Secretary of the Board shall transmit to the Borough Planning Commission a copy of the notice of hearing and such other information as may have been furnished by the applicant or the Zoning Officer, for the advisory review of such Commission, but such review shall not be a condition for proceeding with such hearing.
§ 27-2315 Technical Assistance.
[Ord. 761, 8/26/1985, § 2114]
The Zoning Hearing Board in considering any matter within its jurisdiction may consult with the Borough Planning Commission, the Montgomery County Planning Commission or any other consultant or group having expert knowledge of the matter under consideration. The results of such consultation shall be made part of the record before the Board and shall be provided promptly to all parties before the Board, any of which shall have the right to call such experts as witnesses for examination on the record.
§ 27-2316 Expiration of Special Exceptions and Variances.
[Ord. 761, 8/26/1985, § 2115; as amended by Ord. 1015, 1/28/2013]
Unless otherwise specified by the Board in its decision, a special exception or variance shall expire if the applicant fails to obtain a building permit within 12 months from the date of authorization thereof.
§ 27-2317 Fees.
[Ord. 761, 8/26/1985, § 2116]
All applications before the Zoning Hearing Board shall be accompanied by a cash payment to the Borough of Hatboro in accordance with a fee schedule adopted by resolution from time to time by Borough Council.