Hatboro City Zoning Code
PART 9
R-4 RESIDENTIAL DISTRICT
§ 27-901 Declaration of Legislative Intent.
[Ord. 761, 8/26/1985, § 900]
In expansion of the "Declaration of Legislative Intent" contained in § 27-103 of this chapter and the "Community Development Objectives" contained in § 27-105 of this chapter, it is hereby declared to be the intent of the R-4 Residential District to provide for areas of high density residential use in the Borough, such as garden apartments. These areas are located in those portions of the Borough where the character of existing development, the provision of essential sewer and water facilities, superior highway access and proximity to commercial and employment centers would most readily accommodate a higher density multi-family development.
§ 27-902 Use Regulations.
[Ord. 761, 8/26/1985, § 901; as amended by Ord. 798, 7/27/1988; by Ord. 864, 5/18/1992; and by Ord. 1005, 5/23/2011]
1.
In an R-4 Residential District a building may be erected, altered, or used, and a lot may be used or occupied for any of the following uses and no other:
A.
Any of the permitted uses in R-1, R-2, and R-3 Residential Districts. All such uses, except townhouse, shall meet all development requirements as set forth in this chapter for the district in which the use is permitted. Townhouse development in the R-4 Residential District shall meet requirements as set forth in § 27-904 in this chapter.
B.
Garden apartments.
C.
Parks, playground, tot lots, and open space.
D.
Garden apartment type housing for the elderly as a conditional use, and subject to the standards set forth in Part 16 of this chapter.
E.
Any of the following uses when authorized by special exception:
(1)
Indoor recreational facility, such as a community center, within a garden apartment development provided that its use is intended solely for the residents of the development.
(2)
Professional office use in a residential development, provided that such use shall comply with the requirements for off-street parking and, loading facilities as specified in Part 20 of this chapter.
(3)
Nursing and convalescent homes.
(4)
Group home.
[Added by Ord. 1039, 10/10/2016]
(5)
Rooming house/boardinghouse.
[Added by Ord. 1039, 10/10/2016]
F.
Accessory uses as authorized by the general regulations of this chapter, except that on-ground private swimming pools shall not be permitted for townhouse or garden apartment type development. In-ground private swimming pools are permitted as an accessory structure in a townhouse or garden apartment type development in a required recreation and open space area, provided all set back requirements and fencing requirements can be fully met. Such swimming pools shall be restricted to the use of the tenants of the apartments, and their guests.
§ 27-903 Density and Height Regulations.
[Ord. 761, 8/26/1985, § 902; as amended by Ord. 1039, 10/10/2016]
1.
The following density, area, width, and yard requirements shall apply for each permitted dwelling type:
A.
Minimum Acreage. The following minimum acreage requirements shall apply for each permitted dwelling type:
(1)
For two-family dwellings, the minimum acreage shall be the required lot area as specified in Subsection 1C herein.
(2)
For townhouse development, a minimum of 40,000 square feet shall be required before a development plan can be submitted to the Borough for consideration.
(3)
A proposal for garden apartment development shall have a minimum tract of three acres before a development plan can be submitted to the Borough for consideration.
B.
Density. Maximum permitted density shall be 15 dwelling units per acre.
C.
Area, Width, Yard, and Coverage Regulations. The following regulations shall apply, subject to the maximum density permitted in Subsection 1B herein:
(1)
Lot Area. The minimum total area allowed for each permitted use shall be:
(a)
Two-family houses shall be permitted on separate lots of 4,000 square feet per dwelling unit.
(b)
Duplex-type two-family homes shall be permitted on lots of 7,000 square feet per building.
(c)
Townhouses shall be permitted on lots of 4,000 square feet for each end dwelling unit and 3,000 square feet for each inside dwelling unit.
(2)
Building Coverage. The total building coverage allowed for each lot area, including accessory buildings, shall be:
(3)
Lot Width. Lot width shall be measured at the building line. The minimum width of each lot shall be:
(a)
For one half of a two-family twin house, each lot shall have a lot width of not less than 35 feet.
(b)
For a duplex type two-family house, each lot shall have a lot width of not less than 50 feet.
(c)
For townhouses, each end unit shall have a lot width of not less than 35 feet, and all interior units shall have a lot width of not less than 20 feet.
(4)
Front Yard. For all types of permitted dwellings, a front yard depth of not less than 25 feet measured from right-of-way line to the building foundation wall nearest to the right-of-way line. A front yard shall be a yard that extends from a right-of-way line to the nearest wall of the principal building.
(5)
Rear Yard. For all types of permitted dwellings, a rear yard of not less than 25 feet measured from the building foundation wall at the nearest point to the rear property line. A rear yard is that yard directly opposite the front yard.
(6)
Side Yard Requirements.
(a)
Single-Family Detached Dwelling Use. Two side yards shall be required, and no building or structure shall be erected nearer than eight feet to any side property line measured from the nearest foundation wall to the property line.
(b)
Twin Semidetached Dwelling. One side yard shall be required at least eight feet wide measured from the property line to the nearest foundation wall. No side yard shall be required on the common-wall side of the twin home. Any wall constructed on the party-wall property line shall meet Borough standards for firewall construction.
(c)
Duplex-Type Dwelling. Two side yards shall be required, and no building or structure shall be erected nearer than eight feet to any side property line measured from the nearest foundation wall to the property line.
(7)
Accessory Use Building Restrictions. Accessory buildings and structures may be erected at least 10 feet to the rear of the building line and no less than 10 feet from the rear property line. Accessory buildings and structures may be erected no less than eight feet from any side property line, except that an accessory building may be erected on the side property line if the adjoining property owner(s) give written consent. The property-line wall must be of solid masonry construction. No accessory building may be erected nearer than eight feet from any other existing building on the same or adjoining lot. Provision must be made for disposal of roof water onto the subject property or directly to the nearest storm sewer.
§ 27-904 Garden Apartment and Townhouse Development Regulations for R-4 District.
[Ord. 761, 8/26/1985, § 903; as amended by Ord. 864, 5/18/1992; and by Ord. 1005, 5/23/2011]
1.
The regulations set forth in this section shall apply for townhouse and garden type apartments. Whenever the words "garden apartment" or "garden type apartment" are used in this section, only, it shall also mean "townhouse."
2.
For housing for the elderly, the development regulations found in Part 16 of this chapter shall also apply.
3.
The following regulations shall apply for townhouse and garden apartment development, subject to the maximum density permitted in § 27-903, Subsection 1B, herein. The developer shall show evidence that the developer has considered and made provision for the development to be executed, in accordance with the following conditions:
A.
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a unified architectural unit with appropriate landscaping.
(1)
If the development of the garden apartments is to be carried out in stages, each stage shall be so planned that the foregoing requirements and the intent of this chapter shall be fully complied with at the completion of any stage. The initial stage of development shall comprise of a total floor area of not less than 30,000 square feet.
(2)
The developer shall assure the provision of required improvements by means of a proper completion guarantee in the form of a bond or the deposit of funds or securities in escrow to cover the cost of the improvements. The work shall be performed in accordance with all the requirements and the approved plans.
(3)
The entire development must be held in single ownership and shall remain in single ownership as long as the development is used as garden apartments and benefits from the special provisions allowed for garden apartments, except as otherwise permitted under the Pennsylvania Uniform Condominium Act, P.L. 286, 68 Pa.C.S.A. § 3101 et seq.
B.
Building Coverage. Not more than 30% of the area of each garden apartment development shall be occupied by buildings, including accessory use buildings.
C.
Setback from Streets. There shall be a setback of not less than 25 feet from the right-of-way line of any street on which the garden apartment development abuts.
D.
Setback from Property Lines. There shall be a setback of not less than 20 feet from any property line on which the garden apartment development abuts.
E.
Distance Between Buildings. In the case of two or more buildings in garden apartment development, the horizontal distance between any two buildings measured from the building foundation wall at the nearest point to the nearest adjoining building foundation wall shall be not less than 1 1/2 times the height of the taller building.
F.
Parking. Except as provided in Part 16, not less than two off-street automobile parking spaces shall be required for each dwelling unit. Such parking spaces shall be placed so as not to interfere, with any service or recreation area, and shall be not less than 25 feet from any property line or street right-of-way line.
G.
Height of Building. No building in a garden apartment development shall exceed a height of 35 feet, and in no event shall a building exceed more than two stories, exclusive of basement.
[Amended by Ord. 1039, 10/10/2016]
H.
Service. Areas for loading and unloading of delivery trucks and other vehicles and for the collection of refuse, fuel and other services shall be provided as specified in Part 20, and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.
I.
Access. Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the garden apartment development without undue congestion to, or interference with, normal flow of traffic. The Borough Planning Commission shall determine the adequacy of the surrounding public streets and highways to carry additional traffic that may be generated by the garden apartment development as well as the adequacy of street frontage of the proposed garden apartment development; and, shall address their findings to the Borough Code Enforcement Officer and to Borough Council before any permit may be issued.
J.
Utilities. All garden apartment dwelling units shall be served by a public sanitary sewage disposal system and public water supply. All utility lines (electric, telephone, TV cable, etc.) serving a garden apartment development shall be placed underground.
K.
Lighting Facilities. Lighting facilities provided in a garden apartment development shall be provided as needed and shall be arranged in a manner which will protect street and highway users, and neighboring property users, from glare or hazardous interference of any kind. Lighting facilities shall be required when deemed necessary by the Borough Planning Commission for the safety and convenience of the garden apartment residents.
L.
Buffer Area. The garden apartment development shall have a permanent landscaped planting area of at least 15 feet in depth designed for screening from view any residential, commercial, office, and industrial use which adjoin the garden apartment development.
M.
Recreation and Open Space. The developer shall provide a minimum of 20% of the total site area as usable open space for community areas, playgrounds, and tot lots and other services and amenities for the comfort and convenience of the garden apartment residents.
N.
Plantings. Shade trees and other plantings shall be provided as the Borough Planning Commission shall deem necessary or appropriate in all open space and buffer area within the garden apartment development.
§ 27-905 Procedural Requirements.
[Ord. 761, 8/26/1985, § 904]
1.
The following information shall be shown on all plans for a development in an R-4 Residential District, in addition to that required by the Land Subdivision Ordinance [Chapter 22]:
A.
Floor area in square feet for each apartment dwelling unit.
B.
Number of bedrooms per apartment dwelling unit.
C.
Total number of apartment dwelling units per building.
D.
Total acreage in the proposed plan.
E.
Total number of off-street automobile parking spaces.
F.
Exterior vertical and horizontal building dimensions.
G.
Total ground floor area of each building.