Hatfield City Zoning Code
PART 9
SUPPLEMENTAL REGULATIONS
§ 27-901 Statement of Intent.
[Ord. No. 353, 6/19/1991, § 900]
It is the intent of this Part to establish clear standards for certain supplemental uses and activities that are authorized in various zoning districts, and for other uses not specifically designated within zoning districts. Where such uses or activities occur, they should comply strictly with the standards of this Part, which have been created to address their particular impacts.
§ 27-902 Accessory Apartments.
[Ord. No. 353, 6/19/1991, § 901; as amended by Ord. No. 362, 4/15/1992]
1.
Where permitted within any zoning district, accessory apartments shall comply with the following regulations:
A.
General Provisions. The Zoning Hearing Board may grant a special exception for the creation of no more than one additional dwelling unit known as an accessory apartment (as defined herein) in any single-family detached dwelling located within a zoning district in which an accessory apartment use is permitted, subject to the following requirements:
B.
Unit Size. The accessory apartment shall meet the following size requirements:
(1)
Minimum Size of Unit.
Number of Bedrooms in Unit | Gross Floor Area in Unit (square feet) |
|---|---|
0 (efficiency) | 400 |
1 (max allowed) | 500 |
(2)
Maximum Size of Unit. The accessory apartment shall not exceed 35% of the gross floor area contained in the existing dwelling prior to conversion.
(3)
The accessory apartment shall contain no more than one bedroom and shall not contain a den or other extra room capable of being used as bedroom (i.e., having a closet and a door separating the room from the remainder of the unit).
C.
Location of Accessory Apartment.
(1)
The third floor of any floor above shall not be used for a separate dwelling unit, but may be used for storage or sleeping rooms for a second floor dwelling unit.
(2)
There shall be no accessory apartment located in the below-ground basement where the exterior grade is more than half-way up the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.
(3)
There shall be no accessory apartment located in a detached garage or other detached out-building that is not physically attached to the primary dwelling.
D.
Additions. A small addition containing up to a maximum of 10% of the gross floor area of the existing dwelling will be permitted if the addition will facilitate the creation of the permitted accessory apartment. The design must consider a logical layout and safety factors.
E.
Exterior Alterations.
(1)
Alterations to the exterior of the existing dwelling shall be minimized; after creation of the accessory apartment the building shall maintain the usual appearance of a single-family detached dwelling and shall remain compatible with the character of the surrounding neighborhood.
(2)
The converted dwelling shall have no more than the existing number of entrances along the front of the building. All other entrances to either the principal or accessory dwelling units shall be located on the side or rear of the building.
(3)
Any exterior stairway constructed on the front of the converted building must be enclosed.
(4)
Necessary changes in the number or placement of windows to provide adequate light and air will be allowed, but shall be minimized; any changes which occur must be done in a manner consistent with the architectural character of the dwelling.
F.
Parking. A minimum of one paved off-street parking space, with unrestricted ingress and egress to the street, shall be provided for the accessory apartment, in addition to that required for the original dwelling unit.
G.
Health and Safety Code Requirements. Both units in the converted dwelling shall conform to all requirements of the applicable building, health, fire and sanitary codes which regulate structural soundness, overcrowding, fire protection, sewage disposal, and water supply.
H.
Submission of Plans. The applicant shall submit to the Zoning Hearing Board:
(1)
Sketch floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building.
(2)
Rough elevation showing the modification of any exterior building facade to which changes are proposed.
(3)
A site development sketch plan property showing and locating the dwelling and other existing buildings; all property lines; any proposed additions (along with minimum building setback lines; the location, size, and extent of all underground utilities; and the length, width and function of 'all rights-of-way and easement potentially affecting that addition); the required parking spaces for both dwelling units; and any 100-year floodplain, 15% or greater slopes, or other natural or man-made conditions which might affect these items.
(4)
All plans and elevations shall be clear, concise, and drawn to a scale of 1/4 inch equals one foot for the floor plan(s) and elevation(s) and one inch equals 20 feet for the site development plan.
§ 27-903 Accessory Uses.
[Ord. No. 353, 6/19/1991, § 902; Ord. No. 475, 10/21/2009, § 1; Ord. No. 550, 5/17/2023]
1.
The following accessory uses shall be permitted, subject to the additional requirements herein, and the setback requirements contained in each zoning district.
A.
B.
Parking of Commercial Vehicles in Residential Districts.
(1)
Routine off-street parking of not more than two commercially registered vehicles no more than 18 feet in length, licensed recreation vehicles and/or boats shall be permitted. Routine parking of more than two such vehicles shall constitute a business operation and shall not be permitted in a residential district.
(2)
Routine off-street parking of one commercially registered vehicle of more than 18 feet in length which is used regularly or frequently for business purposes shall be permitted; more than one shall constitute a business operation and shall not be permitted in a residential district.
C.
Other Accessory Uses. Accessory uses other than those listed above, may be permitted in compliance with the requirements for principal uses in the district in which they are located and which they are accessory to.
D.
Size Limit for Accessory Buildings. Any free standing building used for an accessory use (with the exception of agricultural buildings) which exceeds 700 square feet in area or 15 feet in height shall be a conditional use subject to the following standards:
§ 27-904 Home Occupations.
[Ord. No. 353, 6/19/1991, § 903; as amended by Ord. No. 362, 4/15/1992; and by Ord. No. 430, 7/17/2002, §§ IV.A, .B]
1.
The following home occupations shall be permitted within single-family detached and twin dwellings within any zoning district, in compliance with the standards in Subsection 2 and all other applicable requirements of this chapter.
A.
Professional office or studio of a teacher, lawyer, artist, accountant, architect, landscape architect, minister, musician, engineer, or practitioner of a similar character.
B.
Custom dress-making, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishing.
C.
Foster family care.
D.
Family day-care home, as defined in this chapter, in compliance with the standards of Subsection 4.C, herein.
E.
Home catering, provided that all food is catered off the premises.
F.
Any office in which no customers shall visit the premises for purposes of sales.
G.
Tutoring, limited to not more than two students at one time; tutoring of more than two students shall be considered a conditional use, as per Subsection 3, below.
H.
Studio for fine arts or home crafts such as model-making, rug weaving, pottery, jewelry-making, cabinet making.
I.
Barber shop and beauty parlor, limited to not more than two clients at one time, more than two clients shall be considered a conditional use, as per Subsection 3, below.
J.
Home occupations shall not include any of the following: veterinarian office, restaurant, hotel, boarding house, firearm sales, retail sales other than of custom arts and crafts produced on the premises, and similar uses.
2.
Home Occupation Regulations.
A.
The office, studio, or rooms used shall be located in the dwelling in which the practitioner resides, or in a building accessory thereto.
B.
The exterior appearance of the dwelling must be maintained as a residence. No home occupation activities shall be visible from a public street or from any neighboring property. No goods shall be publicly displayed on the premises.
C.
No more than two outside employees, assistants, helpers, subcontractors, etc., shall be permitted.
D.
When two outside employees work on the property, one additional off-street parking space shall be provided outside of the front yard area of the property.
E.
One sign not larger than two square feet in area and consistent in all other respects with the requirements of Part 9 of this chapter, shall be permitted for any home occupation.
F.
Home occupations shall be subject to a permit secured from the Zoning Officer or Borough Secretary.
G.
The total floor area used by a home occupation shall not be greater in area than 25% of the total floor area of the dwelling unit. No outdoor storage, display or operations shall be permitted. The home occupation must comply with vehicle parking limits in § 27-903, Subsection 2. A home occupation shall not routinely need deliveries by tractor-trailer trucks.
3.
Special Exception Home Occupations. The following home occupations shall be permitted only as special exceptions within single-family detached dwellings subject to the requirements of Subsection 4, below:
4.
Standards for Special Exception. All special exception home occupations shall be granted or denied by the Zoning Hearing Board as per § 27-611, Subsection 2, of this chapter, and upon consideration of the following standards:
C.
Family day-care homes and group day-care homes shall comply with the following standards:
(1)
The owner must be registered with the Pennsylvania Department of Public Welfare (DPW) and must demonstrate compliance with all DPW regulations for such homes.
(2)
The outdoor play area, where required, shall be surrounded by a safety fence or natural barrier impenetrable by children or small animals.
(3)
Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
(4)
One additional off-street parking space shall be provided per nonresident employee and one safe passenger unloading space measuring at least 10 feet by 20 feet shall be provided. This unloading space may be located on the street if adjacent to the day-care home.
D.
Bed-and-breakfast facilities shall comply with the following standards:
(1)
A bed-and-breakfast facility shall be permitted only in single-family detached, owner-occupied dwellings.
(2)
The principal use of the property shall remain that of a single-family residential dwelling.
(3)
No more than five guest rooms may be offered on any individual residential property.
(4)
One full bathroom (one toilet, wash basin, bath and/or shower) shall be provided for each three guest rooms.
(5)
The length of stay for any guest shall be not more than seven uninterrupted days.
(6)
Meals shall consist of breakfast only, and only for guests of the establishment. Owners shall comply with all federal, state, and local requirements for the preparation, handling and serving of food.
(7)
The owner shall maintain a current guest register.
(8)
Area and dimensional standards shall be those that apply to a single-family detached dwelling within the applicable zoning district.
(9)
One additional on-site parking space shall be provided per guest room, and shall not be located in the required front yard area.
(10)
Each bed-and-breakfast facility shall be equipped with smoke detectors and fire extinguishers in accordance with the requirements of the Pennsylvania Department of Labor and Industry and with the stipulations of the Borough Fire Code (Chapter 5). Guests shall be provided with information regarding the floor plan of the building and the location of emergency exits.
§ 27-905 Day-Care Centers.
[Ord. No. 353, 6/19/1991, § 904]
1.
Day-care centers shall be permitted by right in the C Commercial District and as a special exception in the R-3 District in compliance with the following standards:
A.
The operator must be registered with DPW and must demonstrate compliance with all DPW regulations for such homes.
B.
One off-street parking space shall be provided for each employee and one safe passenger unloading in space measuring 10 feet by 20 feet for every 10 children the center is licensed to accommodate.
C.
When an off-premises play area is utilized, it must be located within 500 feet of the center and be safely accessible without crossing at grade any arterial street or other hazardous area.
D.
The requisite outdoor play area shall be surrounded by a safety fence or natural barrier impenetrable by children or small animals.
E.
Outdoor play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
F.
No portion of the outdoor play area shall be located less than 100 feet from an existing occupied dwelling without the owner's written consent.
§ 27-906 Adult Use.
§ 27-907 Treatment Centers.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002, § VI]
These uses must comply with the provisions of § 27-1806, Subsection 2.
§ 27-910 Regulations Pertaining to Locations and Operations of Medical Marijuana Growers, Processors and Dispensaries.
[Ord. No. 528, 6/21/2017]
1.
No medical marijuana dispensaries shall be located within 1,000 feet of the property line of a lot used for the following uses. A person commits a violation of Chapter 6, Conduct, as well as Chapter 27, Zoning, if the person operates or causes to be operated a medical marijuana dispensary within 1,000 feet of:
A.
A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.
2.
No medical marijuana grower, processor or dispensary shall be located within 500 feet of the following uses. A person commits a violation of Chapter 6, Conduct, as well as Chapter 27, Zoning, if the person operates or causes to be operated a medical marijuana grower, processor or dispensary within 500 feet of:
3.
Signage. Any medical marijuana grower, processor or dispensaries are subject to the signage requirements of the zoning district in which they are located; provided, however, the following regulations shall also apply:
A.
Wall signs are limited to a total of 20 square feet, and any such wall sign must face the street frontage on which access to the building is located;
B.
No roof signs are permitted;
C.
One freestanding sign, not to exceed 20 square feet per face in area or 20 feet in height, is permitted;
D.
No internally illuminated, LED or digital signs are permitted; and
E.
No flashing elements, rotating, pulsing, marching, video, lasers, beacons, strobe lights, streaming video, moving pictures or animated graphics are permitted.
4.
No less often than annually, any medical marijuana grower, processor and dispensary must permit an on-site inspection by the Code Enforcement Officer and shall submit proof of valid licensing annually and whenever requested by the Code Enforcement Officer. A failure to maintain a valid and current license to operate the facility shall result in the closure of the facility.
5.
Any medical marijuana grower, processor or dispensary shall ensure adequate security of the site, including but not limited to: inventory control, the safety and security of those lawfully on-site, and the safe disposal of refuse, and providing for exterior lighting during hours of operation, without creating a nuisance by the lighting on adjacent properties.
6.
Any medical marijuana grower, processor or dispensing shall ensure that no medical marijuana is consumed on site by any patron or employee.