Hazleton City Zoning Code
ARTICLE IV
General Regulations
§ 575-401 Attached accessory buildings.
An accessory building attached to a principal building shall be considered part of the principal building and shall comply with the dimensional requirements including setbacks, lot coverage, and height, as applicable to the principal building for the zoning district in which the lot is located.
§ 575-402 Unattached accessory buildings.
Unattached accessory roofed buildings intended for shelter, housing, or enclosure of persons, animals, or property shall only be permitted in a side or rear yard of a lot, subject to the following requirements:
Type of Accessory Building | Minimum Side Yard Setback (feet) | Minimum Rear Yard Setback (feet) | Minimum Front Yard Setback (feet) | Maximum Height (feet) | Maximum Number Per Lot | Maximum Floor Area (square feet) |
|---|---|---|---|---|---|---|
Residential | 10 | 10 | 20 | 15 | 2 | 1,600 |
Nonresidential | 10 | 15 | 25 | 24 | 2 | 2,400 |
§ 575-403 Attached accessory structures.
Accessory structures attached to existing structures shall be considered part of those existing structures and shall comply with the requirements of this chapter governing the type of existing structure for the zoning district in which it is located.
§ 575-404 Unattached accessory structures.
An accessory structure shall not be permitted on a lot without a principal structure.
§ 575-405 Residential accessory uses in nonresidential zoning districts.
In cases where a residential dwelling unit is a nonconforming use located in a commercial or industrial zoning district, the construction of an accessory residential structure or building shall be a permitted use, provided that it complies with the applicable requirements of this chapter for accessory buildings and structures.
§ 575-406 Subdivision of two-family or multifamily dwelling units.
A.
When a landowner proposes to subdivide a two-family or multifamily dwelling unit so that each unit is on its own lot, the internal side yard lot lines between the units may be zero without having to obtain a variance from the Zoning Hearing Board. However, the landowner must meet all of the other dimensional requirements for the zoning district in which the property is located.
B.
A subdivision under this section shall require the landowner to file with the Zoning Officer:
(1)
An affidavit that there are no encroaching walls on any of the floors of the units.
(2)
A recorded party wall agreement that binds the landowner and all future owners and contains a provision that binds the landowners on each side of the wall allowing for necessary repairs, maintenance, and replacement, including excavating below the foundation level of the wall when required.
§ 575-407 Fences and walls.
A fence or wall shall be permitted in any yard, subject to the following requirements:
A.
Location. The posts or structural supports of a fence or wall shall at a minimum be located within the interior yard line to be enclosed so that the edge of the fence or wall is situated within or on the property line where it is being constructed. Walls and fences shall not be subject to any setback requirements.
B.
Height—residential. Residential fences or walls shall have a maximum height of three feet in a front yard and six feet in the sides and rear yards.
C.
Height—nonresidential. Nonresidential fences or walls shall have a maximum height of four feet in a front yard and eight feet in the sides and rear yards.
D.
Materials. Fences shall be constructed with industry recognized materials designed to provide a permanent enclosure. Fences and walls shall be constructed of durable materials suited for its purpose and the use of discarded materials, vehicles, and appliances is prohibited. No wall or fence shall be constructed of corrugated metal, corrugated fiberglass, or sheet metal. No barbed wire, electric, or other potentially injurious or hazardous material shall be used as fencing or attached to any wall or fence, except for an invisible pet fence. An open type of fence (such as picket or split rail) may not be erected when required by this chapter to provide enclosure.
E.
Retaining walls. Retaining walls must be designed by a professional engineer registered in the Commonwealth of Pennsylvania and must contain adequate provisions for drainage. Any retaining wall exceeding six feet in height shall provide a continuous four-foot-high protective fence within one foot of the retaining wall edge and must comply with all requirements of the Uniform Construction Code. The use of retaining walls higher than six feet shall be permitted up to a maximum of 12 feet in height, provided that:
(1)
The proposed height of the retaining wall is necessary to facilitate an efficient use of the lot and to protect an important or sensitive natural or cultural feature on the lot.
(2)
The applicant has submitted a written expert report from a professional engineer registered to practice within the Commonwealth of Pennsylvania. The expert report must conclude that the proposed retaining wall is designed and will be constructed to assure structural integrity and will in no way adversely affect any drainage pattern or underground utility lines nor interfere with any public rights-of-way.
(3)
The applicant has provided sufficient separation and physical barriers between the proposed retaining wall and any pedestrian and vehicle movement areas to ensure adequate vehicle and pedestrian safety.
(4)
That the base of the retaining wall is setback a horizontal distance at least equal to its height from each lot line.
§ 575-408 Structures allowed in yard areas.
C.
The following structures are permitted in required yards, provided that they are no less than two feet from all lot lines:
(1)
Projecting architectural features such as bay windows, cornices, eaves, chimneys, flues, gutters, window sills, or other similar architectural features.
(2)
Outdoor furniture or playground equipment.
(3)
Patios that are not attached to principal buildings and do not have roofs, walls, or other enclosures.
(4)
Terraces, stairways, landings, balconies, canopies, handicap ramps, and stormwater inlets, or outlets.
(5)
Porches, patios, decks, loading docks and attached carports, whether enclosed or unenclosed, when attached to a principal building, shall be considered part of the principal building and shall not project into any yard.
§ 575-409 Exceptions to minimum yard setbacks.
A.
Front yards for principal buildings. When an unimproved lot is situated between two improved lots with front yard dimensions less than those required for the zoning district in which the lot is located, the front yard required may be reduced to a depth equal to the average of the principal buildings on the two adjoining lots.
B.
Front, side and rear yards for additions to principal residential structures. Where an addition is proposed for an existing principal residential building which extends into the required front yard, side yard or rear yard, the addition may extend into the required front yard, side yard, or rear yard no farther than the existing building, provided that it:
C.
Side yard setbacks when subdividing a building. Any building or lot proposed to be subdivided, containing or intended to contain two or more units, residential or nonresidential, shall be exempted from side yard setback requirements under this chapter relative only to the interior side yards. When a side yard of a proposed subdivision is directly attached to another unit within the building, subdivision approval shall exempt the property from the necessity of obtaining a side yard variance from the Zoning Hearing Board for the creation of a zero side yard setback.
§ 575-410 Exceptions to height limitations.
A.
The maximum height requirements of this chapter shall not apply to the following structures:
(1)
Chimneys, flagpoles and other similar structures.
(2)
Structures located on buildings above the roof level such as smoke stacks, dormers, monuments, satellite dishes, electrical transmission lines and structures, solar energy collectors, steeples, water tanks, cupolas, skylights, ventilating fans, and other accessory mechanical appurtenances, provided that such structures do not cover more than 50% of the roof on which they are located.
(3)
Parapet walls or cornices used solely for ornamental purposes if not in excess of five feet above the roofline.
(4)
Ornamental, equipment and other necessary mechanical equipment normally associated with a church or school.
(5)
Agricultural or industrial structures, such as barns, silos, grain elevators, water storage or cooling tanks, discharge stacks, cold storage, or similar types of structures, provided that they are only constructed to the maximum height necessary to accomplish their intended purpose. In the case of industrial structures, the structure must be set back distances equal to the height of the structure from all property lines.
(6)
In no case shall any freestanding or rooftop structure above the maximum permitted height be intended or human occupancy or used for the purpose of providing additional floor space for any use.
§ 575-411 Minimum habitable floor area for residential dwellings.
A dwelling unit must comply with the following minimum habitable floor area:
Type of Dwelling Unit | Maximum Size Per Dwelling Unit (square feet) |
|---|---|
Single-family and two-family dwelling unit | 900 |
Multifamily dwelling unit | 750 |
§ 575-412 Number of principal buildings and uses on a lot.
B.
For multiple-family dwellings, commercial and industrial developments, land and buildings may be considered a principal use collectively by special exception approval of the Zoning Hearing Board and if the development meets the following conditions:
(1)
The land and buildings are planned and designed as a single integral development consisting of shared parking, access drives, signs and similar features.
(2)
All uses, if not the same, are similar in function and operation.
(3)
Each building will have compatible architectural features.
(4)
Each building shall meet the dimensional requirements of the zoning district upon which it is to be located.
C.
The use of a separate residential dwelling unit within or attached to a single-family dwelling unit shall not be considered a two-family dwelling unit, but shall be a permitted accessory use, provided that:
(1)
No more than two persons are occupying the separate accessory residential dwelling unit who are family members related to the persons occupying the principal residential dwelling unit.
(2)
At least one additional off-street parking space is available exclusively for the separate accessory residential dwelling unit.
§ 575-413 Corner lot restriction.
On a corner lot, there shall be provided on each side adjacent to a street a yard setback equal in depth to the required front yard setback of the zoning district in which the lot is located.
§ 575-414 Clear vision requirements.
A.
On any corner lot, no structure or planting shall obstruct the visibility between the heights of three feet and 10 feet above the street grade level in an area measuring 30 feet from the point of intersection of the road right-of-way lines and the tangent connecting the thirty-foot extremities of the intersecting right-of-way lines.
B.
On any interior lot, no structure or planting shall obstruct the visibility of a driveway, either on a parcel or on an adjacent parcel, between the height of three feet and 10 feet, measured a distance of 20 feet back from the point where the driveway intersects the street.