Hatfield City Zoning Code
PART 8
GENERAL REGULATIONS
§ 27-801 Statement of Intent.
[Ord. No. 353, 6/19/1991, § 800]
It is the intent of this Part to establish clear standards for activities that may be associated with a variety of zoning districts or types of land use, and to cross-reference provisions in Chapter 22, Subdivision and Land Development, that regulate activities in one or more zoning districts. Except where noted in this Part, these regulations apply to all zoning districts within the Borough.
§ 27-802 Additional Applicable Regulations.
[Ord. No. 353, 6/19/1991, § 801]
In addition to complying with the specific requirements in other applicable Parts of this chapter, subdivision and/or land development proposals, as defined herein, are further regulated by Chapter 22, Subdivision and Land Development.
§ 27-803 Applications.
[Ord. No. 353, 6/19/1991, § 802]
1.
Applications shall be filed with the Borough for subdivision and/or land development and/or other uses of land as permitted by this chapter, in compliance with the following:
A.
Ownership. The subject tract or land area shall be in one ownership or shall be subject to a joint application filed by the owners of the entire site, under single direction, using one overall plan.
B.
Applications for permitted uses which are not subdivisions or land developments shall include a proposed plan in sufficient detail and clarity to enable the Zoning Officer to determine compliance with all applicable regulations.
§ 27-804 Lot Width.
[Ord. No. 353, 6/19/1991, § 803]
Minimum lot width or frontage as required under this chapter shall be measured at the ultimate right-of-way line of the street, except that for lots bordering the turnaround portion of a cul-de-sac, lot width may be measured at the building line. All lots must have sufficient frontage on a public or private street to meet the minimum lot width requirements of the zoning district. The minimum lot width shall extend into the lot for the full depth of the building envelope.
§ 27-805 Front Yard Setbacks.
[Ord. No. 353, 6/19/1991, § 804]
All front yard setbacks required under this chapter shall be calculated from the ultimate right-of-way of the street on which the lot fronts, as specified in Chapter 22, Subdivision and Land Development.
§ 27-806 Corner Lots.
[Ord. No. 353, 6/19/1991, § 805]
Corner lots shall meet the minimum front yard setback requirements for the applicable districts on both intersecting streets. Any accessory buildings shall be located behind the front yard setback line on both streets.
§ 27-807 Modification of Front Yard Requirements.
[Ord. No. 353, 6/19/1991, § 806]
If there is a pronounced uniformity or alignment of fronts of existing buildings, the front yard of a proposed building in any district may be decreased in depth to the average alignment of existing buildings within 100 feet from each side of the proposed building on the same side of the street and within the same block.
§ 27-808 Effect of Private Covenants.
[Ord. No. 353, 6/19/1991, § 807]
Nothing herein contained shall be construed to render inoperative any enforceable restriction established by covenant running with the land, and which restrictions are not prohibited by or are not contrary to this chapter.
§ 27-809 Height of Buildings.
[Ord. No. 353, 6/19/1991, § 808]
No building shall exceed 35 feet in height except by special exception. Any church spire, belfry, clock, radio antenna, water tank, chimney or similar structure, may exceed the maximum building height by special exception, provided that every five feet in excess of 35 feet there shall be added to each yard a corresponding foot of width or depth.
§ 27-810 Height Limitation of Fences and Walls.
[Ord. No. 353, 6/19/1991, § 809]
No free-standing fence or wall (except for retaining walls) shall exceed six feet in height, except where necessary for the screening or shielding of outdoor storage or equipment areas, where permitted under this chapter, and/or refuse collection facilities, in compliance with § 27-813, herein.
§ 27-811 Projections Into Required Yards.
[Ord. No. 353, 6/19/1991, § 810; as amended by Ord. No. 430, 7/17/2002, § V.A]
1.
No building and no part of a building shall be erected within or shall project into any required yard in any district, except as follows:
A.
Projections into Front Yards. Cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not projecting more than three feet, and steps extending not more than five feet may project into required front yards.
B.
Projections into Side Yards. No building or part of a building shall project into the required side yard except cornices, eaves, gutters or chimneys projecting not more than 18 inches.
C.
Projections into Rear Yards. Cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not projecting more than three feet, and steps extending not more than five feet may project into required rear yards. A deck or platform which does not extend above the level of the first floor of the building may extend into a required rear yard a distance of not more than 10 feet, provided that in no case shall it extend more than one-half the required depth of yard.
D.
Porches. An unenclosed porch, which may include a roof, and related steps may extend up to 10 feet into a required front yard setback, provided it shall not obstruct a public sidewalk.
E.
Wheelchair Ramps. An unenclosed wheelchair ramp may extend into a required setback as needed to serve its purpose, provided it shall not obstruct a public sidewalk.
§ 27-812 Patios.
[Ord. No. 353, 6/19/1991, § 811]
A patio may be erected in a required yard area, if not covered by a roof, canopy or trellis, or enclosed by a wall, fence or other structure.
§ 27-813 Refuse Collection Facilities.
[Ord. No. 353, 6/19/1991, § 812]
1.
In all single-family attached, multifamily, and nonresidential developments refuse collection facilities must be provided, either inside the building(s) or within an area enclosed by either walls or opaque fencing.
2.
Walls or fencing shall be designed to shield the refuse facilities from direct view from adjacent properties, to a height of at least six feet.
3.
Facilities shall be designed in a manner which can accommodate collection trucks, and shall be large enough to accommodate recycling containers.
5.
Refuse facilities attached to buildings shall be subject to the same building setbacks as the buildings.
6.
Refuse facilities detached from residential buildings shall meet setbacks for accessory structures and shall be subject to a setback of 25 feet from all primary buildings on the subject property or neighboring properties, and from all street rights-of-way.
§ 27-814 Telephones and Vending Machines.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002, § V.B]
1.
No outdoor pay telephone shall be placed on a public sidewalk in the public right-of-way.
2.
No outdoor coin-operated vending machine shall be placed anywhere within a residential or the CC District.
3.
However, an outdoor newspaper/periodical vending machine specifically shall be allowed in the C (Commercial) and CC (Core Commercial) Districts on a public sidewalk or elsewhere if the applicant provides the following to the Zoning Officer: A) a four-foot wide pedestrian path will be unobstructed on a sidewalk, B) the machine will not obstruct building entrances or exits, and C) the machine will not obstruct sight distances.
4.
No pay telephone and no coin-operated vending machine shall be permitted outdoors as accessory to a dwelling or vacant lot.
§ 27-815 Residential Garages and Drives in Front Yards.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002, § V.C]
1.
The following shall apply for dwelling units in all districts:
A.
If a vehicle garage door will face onto a street, then the front of the garage door shall not have a front building line that is more than 10 feet closer to the front lot line than the front building line of the living quarters of the dwelling.
B.
If garage door(s) for two or more motor vehicles will face onto a street along the front lot line, the total width of the garage doors shall not be greater than 70% of the building width of the dwelling unit. For example, if there are two eight-foot wide garage doors totaling 16 feet in width, the dwelling unit shall have a width of at least 23 feet.
C.
Paving or concrete for off-street vehicle parking shall not occupy more than 70% of the area of the front yard between the street right-of-way and the proposed building setback line of a dwelling.
§ 27-816 Driveways.
[Added by Ord. No. 507, 5/15/2013]
1.
No driveway shall be constructed, replaced or substantially repaired within the Borough except upon application as required by § 27-803 (relating to applications), including the payment of any applicable fees, in accordance with the following:
A.
Location and Design.
(1)
Intersections. When possible and practical, as determined by the Borough Engineer, any newly constructed driveway shall be constructed in accordance with § 22-412 (Driveway Intersections With Streets) of the Borough Code.
(2)
Pavement Widths and Grades. Driveway paving widths and grades shall be set forth by standards referred to as "Driveway Construction Standards" as promulgated by the Borough Engineer and approved by the Borough Counsel by resolution from time to time.
(3)
All driveways shall be located, designed and constructed in such a manner as not to interfere or be inconsistent with the design, maintenance and drainage of the abutting or adjoining roadway.
B.
Common Driveways.
(1)
Definition. Any driveway whose intended use or actual use is for the benefit of: two or more dwelling units; an apartment development; or commercial and/or industrial projects in which use includes 10 or more workers daily for vehicular circulation.
(3)
In addition to any application required, a property owner seeking to construct, replace or substantially repair a common driveway may be required to provide additional stormwater management plans or documentation as requested by the Borough Engineer. Additionally, the Borough Council shall evaluate all applications relating to common driveways as to the location, placement and alignment of such common driveways based upon the ease of accessibility to and efficient maneuverability through for protective services of fire and police.
C.
Construction and Permits Required.
(1)
Permit Required. Any property owner within the Borough seeking to construct, replace or substantially repair a driveway or common driveway shall submit an application with the Borough and pay any applicable fees as the Borough may approve by resolution from time to time. No permit shall be required for normal and customary maintenance of an existing driveway, providing that such normal and customary maintenance does not constitute substantial improvement or replacement.
(2)
Permit Application. The permit application to construct, repair or replace a driveway shall be approved by the Borough by resolution from time to time and must include a copy of the "Driveway Construction Standards" as referenced in Subsection 1.A(2) above. The application shall also set forth any application fees required as set forth in Subsection 1.C(1) above.
(3)
Construction. No construction or substantial repair may occur prior to the issuance of a permit. A property owner must notify the Borough a minimum of 48 hours in advance prior to commencing any construction or repair, unless prior approval has been given by the Borough Engineer or Borough Manager. Construction, repair or replacement of any driveway as set forth under Subsection 1.A above or common driveway as set forth under Subsection 1.B above shall be in accordance with the "Driveway Construction Standards" as referenced in Subsection 1.A(2) above, as well as any applicable rights-of-way, curbing, shoulder or apron requirements as determined by the Borough Engineer.
(4)
Maintenance. It shall be the duty of each property owner to maintain its own driveway or portion thereof in a safe and good condition; and no driveway or common driveway shall be considered public property by the Borough unless the driveway or common driveway is located on Borough property and the Borough has taken affirmative action to maintain said driveway.
§ 27-817 Solar Equipment.
[Added by Ord. No. 523, 12/21/2016]
Building-mounted or roof-mounted solar equipment is permitted only for all single-family, twin, duplex, or single-family attached (townhouse) units in all zoning districts, provided that the solar collector system or solar energy device is affixed to a residential structure or mounted on a roof that is intended primarily for on-site use to produce solar energy for the permitted principal use as a residence on the lot or to reduce the supplied electrical energy consumption by the residential lot owner. Ground-mounted solar systems are permitted only for all single-family, twin, duplex, or single-family attached (townhouse) units in all zoning districts, provided that the solar collector system or solar energy device is intended primarily for on-site use to produce solar energy to supply solar power for the permitted principal use as a residence on the lot or to reduce the supplied electrical energy consumption by the residential lot. Ground-mounted solar equipment shall be considered a residential accessory structure and must comply with all yard requirements for accessory structures. To the extent that the ground-mounted solar equipment restricts the infiltration of water into the ground, it shall be considered an impervious surface. No solar equipment shall be permitted within any required front yard setback. Roof-mounted solar equipment shall be permitted to extend six feet above the maximum permitted height of the residence. Installation of any solar equipment shall be by building permit only, and the Borough Fire Marshal shall be notified of any permit issued in order to inform the Borough's emergency responders of the location of any such systems within the Borough for the safety of the emergency responders. The Borough shall have a continuing right to inspect solar equipment for compliance with the Building Code and Fire Code and to order its repair or removal at the owner's expense.
§ 27-818 Satellite Dishes.
[Added by Ord. No. 523, 12/21/2016]
Roof- or wall-mounted satellite dishes or antennas shall be permitted in every district; provided, however, that any satellite dishes or antennas no longer in use or functional must be removed within 30 days.
§ 27-819 Collection Bins.
[Ord. No. 549, 12/7/2022]
1. CLOTHING/MATERIALS COLLECTION BIN (BIN)
As used in this chapter, the following terms shall have the meanings indicated:
Any enclosed receptacle or container made of metal, steel or a similar product and designed or intended for the donation and the temporary storage of clothing or other materials. Collection bins shall serve registered nonprofit organization only. Collection bins shall not be placed to profit any business or property owner. The collection bins, as described in this chapter, shall be considered an accessory structure and permitted only in the Industrial District and Commercial District.
2.
No property owner shall place or allow any person to place any collection bins within the Borough without first having obtained a permit as herein provided.
A.
An application for a permit for used clothing and materials collection bins shall be required. Said application shall be upon a form provided by the Hatfield Borough Code Enforcement Office and shall be verified by oath or affirmation.
B.
Attached to the application shall be a signed statement by the property owner involved granting permission for the placement of the collection bins, specifying the number of bins permitted and indicating by way of a sketch drawing the permitted location.
C.
Permits will be issued for a period of one year.
D.
No permit shall be issued under this chapter until a $25 fee is paid to the Borough for transmittal to the Borough Treasurer for the general use of the Borough. The fee shall be set by resolution of the Borough Council from time to time.
3.
The placement of collection bins shall be permitted as accessory to permitted uses in the Industrial District or Commercial District.
A.
Premises may have no more than one collection bin per property.
B.
The bin(s) shall be appropriately located so as to not interfere with sight triangles, on-site circulation, required setbacks, landscaping, parking, and any other requirements that may have been imposed as part of the site plan approval for the premises and shall be placed on a concrete surface. No bin shall be placed within a required setback.
C.
The bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.
D.
Each bin shall not cover a ground surface area in excess of five feet by five feet nor be more than six feet in height.
E.
Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing and other items being strewn about the surrounding area.
F.
If items, trash, or debris accumulates outside of the bin or if the bin becomes deteriorated due to lack of proper maintenance, the bin shall be considered junk and debris and the applicant will be subject to suspension or revocation of the permit. No permit for a donation bin shall be issued or renewed to any applicant with any pending complaint or a suspended permit or to any applicant whose permit for a donation bin has been revoked.
G.
All bins shall have the name and telephone number of the person or company responsible for emptying the bins printed or posted on the bins.
H.
There shall be no advertising of any kind on the bin except for the identity of the charitable organization and the purpose of the donation effort.
I.
No bin shall be located on property that does not currently have a permanent business in operation on the same property.
4.
Any permit issued for the purpose of placing collection bins may be denied, suspended or revoked at any time upon proof that the application for the permit contains false information, the permittee has been convicted of a crime of fraud or felony or a crime involving moral turpitude, the permittee has failed to comply with any rules of conduct prescribed in this chapter, or clothing or other articles or objects are left outside of the bins.
5.
Any person found violating any provision of this chapter shall be subject to a fine, upon conviction in a summary proceeding, of not more than $600 and, in default of payment of said fine, shall be imprisoned in the county prison for a period not exceeding 30 days.
6.
In addition to any other legal remedies available to the Borough in the event that collection bins are located within the Borough without a permit or are left in place after a permit has been denied, suspended or revoked, the Borough may confiscate the collection bins and cause it or them to be removed to a place of storage. All costs of removal and storage shall be the responsibility of the owner of the property where the bin is located.