[Ord. No. 353, 6/19/1991, § 200]
1.
For purposes of this chapter, certain words shall be interpreted
as follows:
A.
Words used in present tense include the future.
B.
The singular number includes the plural and the plural includes the
singular.
C.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for."
D.
The word "person" includes an individual, corporation, partnership,
incorporated association, and/or any other similar entity.
E.
The words "include" or "including" shall not limit the term to the
specified examples, but are intended to extend the meaning to all
other instances of like kind and character.
F.
The words "building" or "structure" shall always be construed as
if followed by the words "or part thereof."
G.
The word "may" is permissive, and the words "shall" and "will" are
always mandatory.
[Ord. No. 353, 6/19/1991, § 201; as amended by
Ord. No. 357, 10/16/1991, § 27-202; by Ord. No. 362, 4/15/1992;
by Ord. No. 430, 7/17/2002, § XIV; by Ord. No. 498, 9/21/2011;
and by Ord. No. 501, 8/15/2012]
Words and terms used in this chapter shall have the meanings
given in this Part. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing, but vital to the interpretation
of this chapter, shall be construed to have its legal definition,
or in absence of a legal definition, its meaning as commonly accepted
by practitioners including civil engineers, surveyors, architects,
landscape architects, and planners.
A privately owned, constructed, and maintained vehicular
access from a public or private right-of-way to off-street parking
or loading space.
A self-contained dwelling unit resulting from the conversion
of an existing single-family detached dwelling into two units. The
accessory unit is complete with kitchen and bath facilities, has direct
access to the outdoors, or to a hall from which there is direct access
to the outdoors, and is physically subordinate to the primary unit
that exists in the dwelling.
A structure or building detached from a principal building
on the same lot and customarily incidental and subordinate to the
principal building or use.
A use on the same lot and customarily incidental and subordinate
to the principal building or use.
See "lot area."
See "Pennsylvania Municipalities Planning Code."
An extension or increase in floor or height of a building
or structure.
A use that has over 10% of the total floor area occupied
by items for sale or rent that are books, films, magazines, video
tapes, coin- or token-operated films or video tapes, paraphernalia,
novelties or other periodicals which are distinguished or characterized
by a clear emphasis on matter depicting, displaying, describing or
relating to uncovered male or female genitals or "specified sexual
activities." This shall include but not be limited to materials that
would be illegal to sell to persons under age 18 under state law.
If such items are within a separate room, then the 10% standard shall
apply to the floor area of such room.
A use involving the presentation of film or video to three
or more persons at one time in a room, with such film or video distinguished
by an emphasis upon "specified sexual activities" for observation
by such persons and that is related to monetary compensation paid
by the persons viewing such matter.
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude or almost nude female breasts or engaging
in simulated or actual "specified sexual activities" related to some
form of monetary compensation paid to a person, company or organization
operating the use or to persons involved in such activity.
This term shall include any of the following uses: adult
bookstore, adult movie, massage parlor or adult live entertainment
use.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
The cultivation of the soil, and the raising and harvesting
of products of the soil including, but not limited to, nursery, horticulture
and floriculture operations but not including any animal and poultry
husbandry. This definition also includes all necessary accessory uses
for packing, treating, and storing agricultural products; provided,
however, that the operation of any such accessory uses shall only
be permissible as agriculture if secondary to that of the normal agricultural
activities.
A minor, vehicular right-of-way, public or private, which
is intended to serve as the secondary means of access to two or more
properties which otherwise front on a public street.
As applied to building or structure, a change or rearrangement
in the structural parts or mechanical equipment, or any enlargement
or diminution of a building or structure, whether horizontally or
vertically, or the moving of a building or structure from one location
to another.
A subordinate use that is controlled by a larger permitted
use. An example is a public garage (tires, batteries and accessories)
or garden shop controlled by a department store.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
Equipment designed to transmit or receive electronic signals.
A person who has filed an application for zoning relief or
for approval of subdivision or land development plans, including his/her
heirs, successors, agents, and assigns. The term also includes landowner,
developer, builder, and/or other persons responsible for the plans
and construction of buildings or other improvements on any parcel
of land.
An underground bed or stratum of earth, gravel, or porous
stone that contains water.
See "lot area."
A building containing a stage and seating for meetings and/or
performances.
Any premises used for supplying gasoline and oil, tires,
accessories and services for motor vehicles at retail direct to the
motorist consumer, including the making of minor and major repairs.
The dismantling or disassembling of used motor vehicles or
recreation vehicles, or the storage, sale, or dumping of dismantled,
partially dismantled, obsolete, or wrecked vehicles or their parts.
Financial or fiduciary institution, including savings and
loans, finance companies, credit unions and other similar institutions.
A space having one-half or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet. A space which does not meet
the above criteria is a cellar.
A residential use consisting of one dwelling unit together
with no more than five rooms or suites that are rented to overnight
or weekly guests and where meals are prepared for the guests by the
proprietors. The rented rooms do not contain kitchen facilities and
do not constitute separate dwelling units.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to development.
A building consisting of a single dwelling unit and no more
than five rooms or suites, where lodging is provided with or without
meals to tenants for periods generally longer than 30 days, for compensation.
No more than two unrelated persons may occupy a single room or suite.
A duly elected governing body of Hatfield Borough, also referred
to as "Council."
Any structure, whether built conventionally or in a manner
generally referred to as "mobile," "modular," or "manufactured," and
having enclosed walls and roof, permanently located on the land, the
ordinary use of which requires people to enter the structure. (See
"accessory building" and "principal building.")
The ratio obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including balconies
and decks, covered porches, carports and breezeways, but excluding
patios) by the total area of the lot upon which the buildings are
located.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot not
found in the yard areas and rights-of-way.
For the purpose of calculating sign area, building frontage
is defined as the maximum horizontal building length abutting a street
right-of-way, measured along the wall of the building.
The line which serves as the rear boundary of the minimum
front yard. (See also "yard line.") For wedge-shaped lots which are
narrower at the street than at the rear property line, the building
line may be moved back from the minimum front yard depth to a point
where the lot width equals the minimum required for the district,
provided that at least 50 feet of street frontage is provided and
the lot complies with all other dimensional requirements of the district.
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The paved portion of a street or highway designed for vehicular
traffic.
That portion of a building which is partly or completely
below grade, and having more than one-half of its height below grade.
(See "basement.")
Land used or intended to be used for the burial of the deceased,
including columbariums, crematories, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within its boundaries.
A person under 16 years of age.
See "day-care facilities."
One or more buildings or structures which by design and construction
are primarily intended for the conducting of organized religious services
and accessory uses associated therewith.
The temperature at which a liquid sample produces sufficient
vapor to flash, but not ignite, when in contact with a flame in a
closed cup tester.
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and/or by-laws.
A structure, partially or wholly exterior to a building,
used for transmitting or re-transmitting electronic signals. Commercial
communications antennae shall include, but are not limited to, antennae
used for transmitting commercial radio or television signals, or to
receive such signals for a cable system or for cellular telephone
communications. This term shall not include an antenna used for receiving
electronic signals or for transmitting short-wave, amateur ham radio
or citizens band radio frequencies.
A structure, partially or wholly exterior to a building,
that supports commercial communications antennae.
The Hatfield Borough Comprehensive Plan and amendments thereto,
including maps, charts, and/or descriptive matter officially adopted
by the Borough Planning Commission and Borough Council, indicating
recommendations for the continuing development of the municipality
and including all elements required by the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
A form of permitted use, authorized by this chapter and by
Section 603(c)(2) of the Municipalities Planning Code, 53 P.S. § 10603(c)(2),
under the jurisdiction of the Borough Council. The Borough Council
is empowered to grant permission for conditional uses, consistent
with the public interest, in compliance with the standards and procedures
established in this chapter, following thorough examination of the
proposal and hearing, and under any reasonable safeguards necessary
to implement the purposes and intent of this chapter and to protect
the general welfare.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, 68 P.S. § 700.101 et
seq.,[1] or the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A.
§ 3101 et seq.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to commercial practices) or any successor
regulation and which complies with the provisions for consumer fireworks
as defined in the American Pyrotechnics Association (APA) Standard
87-1, including but not limited to Sections *3.1 and *3.5, or any
successor standard. The term does not include devices such as "ground
and handheld sparkling devices," as defined in APA Standard 87-1,
Section *3.1.1, "novelties" as defined in APA Standard 87-1, Section
*3.2, or "toy caps" as defined in APA Standard 87-1, Section *3.3.
[Added by Ord. No. 531, 6/13/2018]
The remodeling or alteration of a structure so as to accommodate
more leasable or salable units or a different use than what had originally
been intended for the structure. Includes the alteration of a nonresidential
structure into a dwelling unit(s) for at least one family, the modification
of a single-family structure to accommodate more units than originally
intended, the alteration of existing dwellings into a commercial use,
and the alteration of an existing dwelling into a mixed commercial
and residential use.
A lot having contiguous frontage on two or more intersecting roads. See § 27-806 concerning setbacks for corner lots.
The County of Montgomery, Commonwealth of Pennsylvania.
An amendment, submitted either by a citizen or by the Borough,
to be considered by the Borough Council as a potential cure for an
alleged defect in this chapter, upon a successful challenge to the
substantive validity of the ordinance.
A substantive challenge to the validity of the land use ordinance
and/or map, brought before the Zoning Hearing Board for consideration.
The following types of day-care facilities are regulated
by this chapter:
DAY-CARE CENTERA facility in which care is provided for seven or more children at any one time, where the child care areas are not being used as a family residence.
FAMILY DAY-CARE HOMEAny premise other than the child's own home, in which child day care is provided at any one time to four, five, or six children who are not relatives of the caregiver, and where the child care areas are being used as a family residence.
GROUP DAY-CARE HOMEA facility in which care is provided for more than six but less than 12 children at any one time, where the child care areas are being used as a family residence.
A unit which describes the sound pressure level of intensity
of sound. A sound level meter is calibrated in decibels.
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
A restriction upon the use of a property placed in a deed.
A deed in which, either expressly or by implication, the
grantor guarantees that the title which he undertakes to transfer
has not been previously conveyed by him and is free from defects and
that the property is unencumbered except as stated, and for himself
and heirs, agrees to defend and protect the grantee against any loss
which may be suffered by reason of the existence of any other title
or interest in the property existing at the time the deed was executed
and not excepted therein.
The number of dwelling units per net acre.
A facility for the temporary storage of stormwater runoff.
Materials which decompose by detonation. Such materials include
explosives, unstable compounds, and fissionable matter.
A rapid build-up of a destructive pressure wave caused by
chemical reaction and/or the sudden release of energy.
Any man-made change to improved or unimproved real estate
including buildings or other structures, the placement of mobile homes,
streets and other paving, utilities, mining, dredging, filling, grading,
excavation, or drilling operations, and the subdivision of land.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, common open space, and public facilities.
Defined as more fully set forth in 27 CFR 555.11 (Meaning
of terms), which is incorporated herein by reference, which meet the
types of display fireworks devices set forth in the APA Standard 87-1,
Section *4.1 which comply with requirements for display fireworks
set forth in APA Standard 87-1.
[Added by Ord. No. 531, 6/13/2018]
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air, or is discharged
to the waters of the commonwealth.
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
An establishment which by design, physical facilities, service,
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
A private way providing for vehicular and pedestrian access
between a public or private street and parking area within a lot or
property.
See "solid waste disposal."
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively as a residence for only one family, with the exception of accessory apartments as permitted by this chapter, and not attached to any other building or dwelling units.
ZERO LOT LINE HOUSEA single-family detached dwelling on an individual lot, with the building set on, or close to, one side property line, so that the lot essentially has only one side yard. The side yard and rear yard constitute the primary outdoor living areas for the dwelling. Typically, no windows are placed on the building wall that is on the lot line. If the building is set on the side lot line, a five-foot access easement is provided on the adjacent property along the lot line, for necessary maintenance of the building wall.
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes.
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side, and joined to each other by a vertical, common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provided to each unit.
DUPLEX (TWO-FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Separate ingress and egress is provided to each unit.
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. Each dwelling unit may be individually lotted, or owned as a condominium. This dwelling types shall include, but not be limited to, dwelling units commonly known as townhouses, rowhouses, triplexes, quadruples, and multiplexes.
TOWNHOUSE (ROWHOUSE)A single-family attached dwelling in a row of at least three and no more than six units, with one dwelling unit from ground to roof, with individual outside access.
MULTIPLEXAn attached dwelling arranged in a group of no more than six units, in a variety of configurations; side by side, back to back, or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house.
MULTIFAMILY (APARTMENT) BUILDINGA detached residential building containing three or more dwelling units. Units shall not be arranged entirely in vertical rows (like townhouses), and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies, and similar facilities. The dwelling units cannot be placed on individual lots but, instead, share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as a rental or condominium development. This dwelling type includes, but is not limited to, garden apartments, flats, and multifamily conversions, as defined below:
MULTIFAMILY CONVERSIONA multifamily dwelling containing not more than four dwelling units, that results from the conversion of a single-family or two-family dwelling.
APARTMENTA single dwelling unit in a multifamily building, a duplex, or in a single-family detached dwelling (as an accessory apartment).
STUDIO APARTMENTAn apartment consisting of one combined living room/bedroom, including full kitchen facilities, plus a full bath.
One or more rooms, designed, occupied or intended to be occupied
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single-family maintaining a household.
Housing designed for and intended for occupancy by those
persons over the age of 62, or by persons 55 and older if the housing
meets the criteria of the Civil Rights Act of 1968, as amended, or
any succeeding legislation. Such housing units shall contain appropriate
safety features, and recreation and community facilities to meet the
needs of the residents.
A material which produces flammable or explosive gases or
vapors under ordinary temperature conditions, and includes liquids
which have a closed cup flash point of less than 105° F.
Any number of individuals living together on a nontransient
basis as a single housekeeping unit and doing their cooking on the
premises, when said individuals are related by blood, marriage or
adoption, including any number of foster children; no more than five
unrelated individuals living together as a single housekeeping unit
and doing their cooking on the premises, except when an application
for a special exception to enable a greater number of unrelated individuals
to occupy a dwelling unit is reviewed and approved by the Zoning Hearing
Board, as provided herein. The definition of family shall not apply
to the occupants of a club, fraternity house, lodge or residential
club.
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Notwithstanding the definition in the preceding paragraph, a
family shall also be deemed to include any number of the mentally
or physically handicapped persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, if such occupants are handicapped persons
as defined in Title VIII of the Civil Rights Act of 1968, as amended
by the Fair Housing Amendments Act of 1988. Such unrelated individuals
shall have the right to occupy a dwelling unit in the same manner
and to the same extent as any family unit as defined in the first
paragraph of this definition.
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A premises which is used for the production of agricultural
commodities in their unmanufactured state, such as raising livestock,
and which shall include those activities which are customarily associated
with such production, including the application of manure and/or fertilizers
for crop production.
An establishment whose principal business is the sale of
preprepared or rapidly prepared food directly to the customer in a
ready-to-consume state for consumption either within the restaurant
building or off the premises.
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration or detonation that meets the definition of 1.4 G fireworks
or 1.3 G fireworks as set forth in the 2003 International Fire Code,
including, but not limited to, those compositions or devices defined
in APA Standard 87-1.
[Added by Ord. No. 531, 6/13/2018]
Subject to easy ignition and rapid flaming combustion.
YEAR FLOODD — A flood that has one chance in 100 years or a 1% chance of being equaled or exceeded in any one year. For the purposes of this chapter, the 100-year flood (base flood) is as defined by the Federal Insurance Administration in the Flood Insurance Study.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this chapter, it shall be the 100-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.
BASE FLOOD ELEVATIONThe 100-year flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain, or other similarly documented areas, the 100-year flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question.
COMPLETELY DRY SPACESpace which will remain totally dry during flooding; the structure is designed and constructed to permit the passage of water and water vapor.
ESSENTIALLY DRY SPACEA space which will remain dry during flooding; except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOOD-FRINGEThat portion of the floodplain outside the floodway.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this chapter, it also delineates floodplain areas.
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this and other ordinances.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Such measures are set forth in Flood Proofing Regulations published by the Office of the Chief Engineers, U.S. Army, publication number EP 1165 2 314 (June, 1972, and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2) classes referenced in these regulations. In said publication where reference is made to "below" (or "above") the "BFD" (base flood datum) it shall be interpreted as meaning below (or above) the base flood elevation.
FLOODPLAINA relatively flat or low land area adjoining a stream, river, or watercourse, which is subject to partial or complete inundation during a 100-year flood, or any area subject to the unusual and rapid accumulation of surface water from any source; also referred to as flood-prone area.
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventative measures for reducing flood damages.
FLOODWAYThe channel of a river or other watercourse and the adjacent land area required to carry and discharge a flood of the 100-year magnitude as specifically defined in this chapter.
REGULATORY FLOOD ELEVATIONThe 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimension of the structure. The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions.
Any alteration of a structure listed on a National Register
of Historic Places or a State Inventory of Historic Places.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls,
or from the center line of a wall separating two buildings, but not
including interior vehicular parking or loading, or any space where
the floor-to-ceiling height is less than six feet.
The length of the lot line abutting a street right-of-way.
(See "lot width.")
In a development, green area includes all landscape features
such as planters, planted islands, landscaped buffers and screens,
lawn areas, woods, hedgerows, and any area that is not covered by
buildings or paving. It is available and used for retention and maintenance
of natural vegetation and for absorption of stormwater for groundwater
recharge. Decorative stone and mulch ground covers may be included
if placed upon an earth surface.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, expressed in
square feet and measured from the center line of partitions and from
outside wall faces. It is the space for which tenants pay rent, including
sales areas and integral stock areas. It does not include public or
common areas, such as public toilets, corridors, stairwells, elevator
lobbies, or enclosed mall spaces.
A residential facility used as living quarters by any number
of unrelated persons requiring special care, and their attendant adult
supervisors, specifically designed to create a residential setting
for the mentally and physically handicapped (as a permitted use),
or for other similar uses (as a special exception). The individuals
may be either transient or permanent residents. Any number of handicapped
persons, as defined in Title VIII of the Civil Rights Act of 1968,
as amended by the "Fair Housing Amendments Act of 1988," have the
right to occupy a dwelling unit in the same manner and to the same
extent as any family unit.
See "bed-and-breakfast," "hotel," "motel."
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including a general hospital, public health center, diagnostic center,
rehabilitation center, extended care facility, skilled nursing home,
nursing home, intermediate care facility, chronic disease hospital,
maternity hospital, outpatient clinic, dispensary, home health care
agency, or personal care facility. This term shall not include a use
meeting the definition of a treatment center unless it is fully incorporated
into a principal building of a general hospital.
Establishments primarily engaged in furnishing medical, surgical,
or other services to individuals, including the offices of physicians,
dentists, and other health practitioners, medical and dental laboratories,
outpatient care facilities, blood banks, and oxygen and miscellaneous
types of medial supplies and services.
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of a flat or multilevel roof or, for gable, hip or gambrel roofs
to mean height between the eaves and ridge. Chimneys, spires, towers,
mechanical penthouses, tanks, and similar projections not intended
for human occupancy shall be excluded.
The accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts on a residential site, pursuant to the provisions of Part 9 of this chapter. The use is incidental and secondary to the use of the dwelling for residential purposes, and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
An establishment providing transient accommodations, containing
a minimum of six rental rooms, and having the following characteristics:
The percentage of the lot area covered by man-made surfaces
that have a coefficient of runoff of 0.85 or greater. For the purposes
of determining compliance with this chapter, any stone surfaces used
for vehicle parking and movement shall be considered to be impervious.
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities, and drainage facilities.
Those fields of economic activities including forestry, construction,
manufacturing, transportation, communication, extraction, utility
services, and wholesale trade. (See "industry, light" and "industry,
heavy.")
Industrial activities which do not meet the definition of
light industry.
Industrial activities which are carried on entirely within
an enclosed building, and involve no outdoor process or outdoor storage
of raw materials.
Includes refuse, rubbish, debris and scrap, whether salvable
or not and made from any and all material other than solid waste and
defined by the Solid Waste Management Act, 35 P.S. § 6018.101
et seq., and amendments, as would normally be disposed of at a sanitary
landfill as defined herein. (See "salvage," "waste," "recyclable material.")
Any outdoor establishment or place of business which is maintained,
used, or operated for storing, keeping, buying or selling junk, and
for the purposes of this section, the term shall include refuse, rubbish,
garbage and debris whether salvable or not and made of any or all
materials. It shall not include, however, refuse or garbage kept in
proper containers for the purposes of prompt disposal.
The overnight keeping of six or more dogs, other than within
an indoor retail pet shop, provided that dogs of less than three months
in age shall not be counted.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams, or result from
excavation. The shoreline of such water bodies shall be measured from
the maximum condition rather than permanent pool if there is any difference.
Lakes are bodies of water two or more acres in extent. Ponds are any
water body less than two acres in extent.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
Land development as defined herein shall not include the addition
of an accessory building subordinate to an existing principal building
on a lot or lots.
A subdivision of land.
The legal or beneficial owner or owners of land, or a building
thereon, or a portion of either, including the holder of an option
of contract to purchase (whether or not such option or contract is
subject to any condition), a lessee if he is authorized under the
lease to exercise the rights of the landowner, or other person having
a proprietary interest in land.
A space, accessible from a street, in a building or on a
lot, for the temporary use of vehicles while loading or unloading
materials or merchandise.
A contiguous tract, parcel, or unit of land held by a landowner
and/or intended for use, development, lease, or transfer of ownership,
and for which a deed description is recorded or is intended to be
recorded at the Office of the Recorder of Deeds for Montgomery County.
The horizontal area of a lot, further defined as follows:
GROSS LOT AREAThe total horizontal land area lying within the lot or tract boundaries.
NET LOT AREAGross lot area minus the area lying between the street center line and ultimate right-of-way line.
Any property boundary line of a lot, further defined as follows:
FRONT LOT LINEThe line identical with the ultimate right-of-way line (also known as street line).
REAR LOT LINEThe line or lines most nearly parallel or concentric to the front lot line.
SIDE LOT LINESThe lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.
A lot which fronts on more than one street shall have a front
line on each street frontage.
The horizontal distance between side lot lines, measured
at the street frontage, except that for lots bordering the turnaround
portion of a cul-de-sac, lot width may be measured at the building
line. Lot width shall extend the full depth of the building envelope.
For a corner lot, lot width shall be measured along the street frontage
of the higher classification of street, where applicable.
The process or operation of making wares or products from
raw materials by hand or by the use of machine(s).
An establishment that meets all of the following criteria:
Manipulative exercises are conducted using the hands and/or
a mechanical device on a person's skin other than the face or neck
by another person that is related to certain monetary compensation,
and which does not involve persons who are related to each other by
blood, adoption, marriage or official guardianship.
The massages are not conducted by a massage therapist licensed
under the Massage Therapy Law, 63 P.S. § 627.1 et seq.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor or performed
by a person licensed as a health care professional by the state.
The massages are conducted within private or semiprivate rooms.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one or more units, built on a permanent chassis,
which arrives at a site complete and ready for occupancy except for
minor and incidental unpacking and assembly operations, and constructed
so that it may be used with or without a permanent foundation. May
not meet local building codes but does meet the standards of the U.S.
Department of Housing and Urban Development, as indicated by the Structural
Engineering Bulletin(s) provided to the Borough Council by the applicant.
This term does not include recreational vehicles or travel trailers.
The term includes manufactured homes.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereof of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A single-family dwelling unit for permanent occupancy, made by assembling one or more factory-produced, three-dimensional sections into one integral building, not capable of easily being separated for repeated towing, whose construction materials must conform to those of conventionally built units, as required by the Borough's Building Code (Chapter 5), and must be placed on a permanent foundation. A copy of the Structural Engineering Bulletin(s) must be provided to the Borough Council, indicating approval of the dwelling or its components by the U.S. Department of Housing and Urban Development.
An establishment providing transient accommodations, containing
a minimum of six rental rooms and having the following characteristics:
A commercial use for the sale and repair of motor vehicles,
including new and used cars, trucks, recreational vehicles, and/or
farm equipment; having both indoor and outdoor display areas, and
providing maintenance and repair services for vehicle owners.
All vehicles propelled or drawn by power other than muscular
power and intended for use on public highways or in agricultural activities.
The National Fire Protection Association Standard 1124, Code
for the Manufacture, Transportation and Storage of Fireworks and Pyrotechnic
Articles, 2006 edition, or any subsequent edition.
[Added by Ord. No. 531, 6/13/2018]
A business or commercial activity conducted as an accessory
use which is clearly secondary to the use of the building and property
as a residential dwelling and which involves no customer, client or
patient traffic, whether vehicular or pedestrian, pickup, delivery
or removal functions to or from the premises in excess of those normally
associated with residential use. The business or commercial activity
must also satisfy the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of substantial nature.
There shall be no outside appearance of a business use including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
Any lawful building or other structure which does not conform to one or more of the applicable area and bulk regulations of the district in which it is located either on the effective date of this chapter or as a result of a subsequent amendment thereto. They shall be governed by the provisions of Part 7. Nonconforming signs are not included in this category and shall be governed by the provisions of Part 11.
Any lawful lot which does not conform to one or more of the applicable dimensional regulations of the district in which it is located either on the effective date of this chapter or as a result of a subsequent amendment thereto. They shall be governed by the provisions of Part 7.
Any lawful use that does not conform to one or more of the applicable use regulations of the district in which it is located either on the effective date of this chapter or as a result of a subsequent amendment thereto. They shall be governed by the provisions of Part 6.
Articles of trade having amusement value and whose appeal
is often transitory, and which is limited to those items for sale
described in American Pyrotechnics Association (APA) Standard 87-1,
Section *3.2.
[Added by Ord. No. 531, 6/13/2018]
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
Public or private lands designated for the use and enjoyment
of Borough residents and/or the general public, incorporating natural
features such as woodlands, streams, or meadows, and including Borough
parks, trails, and other recreational facilities. Also includes common
open space as defined below, and other private lands which are available
for the use of Borough residents (i.e., through access easements).
COMMON OPEN SPACEA parcel or parcels of land within a development site designed and intended for the use or enjoyment of the residents of the development, not including streets, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such recreational facilities for residents as are shown in the approved development plan.
Any area which is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
An open or covered area with a dust-free, all-weather surface
which shall be at least nine feet by 18 feet in size for the storage
of one automobile, accessible via a driveway.
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form, as a liquid or solid.
An area or courtyard which is not covered by a roof or permanent
awning, and is designed for outdoor living purposes as an accessory
use to a structure. A patio with footers, for purposes of this chapter,
shall be considered a deck if attached to the principal building.
Otherwise, it shall be considered an accessory structure which complies
with all applicable yard requirements of this chapter.
The Municipalities Planning Code, originally enacted as Act
247 of 1968, 53 P.S. § 10101 et seq., as amended, which
established the basic authority for the exercise of municipal land
use controls in Pennsylvania. All subsequent amendments are included.
Abbreviated as "MPC" or "Act 247."
A document issued by the proper authority authorizing the
applicant to undertake specified activities.
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with construction provisions of the Building Code (Chapter 5) and which authorizes an applicant to commence with said construction, alteration, or reconstruction.
USE AND OCCUPANCY PERMITA permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this chapter; or issued in approval of a new use, or a change in use of buildings or land, indicating compliance with this chapter.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, tanning salons, nail salons, photography
studios, shoe repair shops, household appliance repair shops, and
other similar establishments, but shall not include any "adult uses,"
as herein defined.
A business which provides a service oriented to personal
needs, and not primarily involving retail sales of goods or professional
advisory services. Includes barber, beauty salon, tailor, dressmaker,
shoe repair, photographer, travel agent, jewelry, and watch repair,
or similar service uses.
A graphic representation of a proposal for zoning application
or subdivision and/or land development, including necessary written
notes.
The Hatfield Borough Planning Commission.
A roofed structure projecting from the front, side, or rear
wall of a building. (See "patio.")
[Amended at time of adoption of Code (see Ch. AO)]
A building in which is conducted the principal use of the
lot on which it is located.
The single dominant use or single main use on a lot.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities, and resource recovery facilities.
A building in which services are performed by a member of
a profession, including a doctor, dentist and other health services,
lawyer, engineer, architect, accountant, professional consultant or
other professional similar to those listed above.
A recorded boundary of a lot.
A formal meeting held pursuant to public notice by the Borough
Council, Planning Commission, Zoning Hearing Board, or other municipal
agency, intended to inform and obtain public comment, prior to taking
action in accordance with the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq., as amended.
A forum held pursuant to notice under the Act of October
15, 1998, P.L. 729, No. 93, § 1, 65 Pa.C.S.A. § 701
et seq., known as the "Sunshine Act." (". . . any prearranged gathering
of an agency which is attended or participated in by a quorum of members
of an agency, held for the purpose of deliberating agency business
or taking official action.")
Notice published once a week for two successive weeks in
a newspaper of general circulation in the Borough. Such notice shall
state the time and place of the hearing and particular nature of the
matter to be considered at the hearing. The first publication shall
not be more than 30 days and the second publication shall not be less
than seven days from the date of the hearing.
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio telephone, gas, power, sewer, and
water facilities; provided, however, that in a residential district
these shall not include public business facilities, storage of materials,
trucks, or repair facilities, or housing of repair crews.
Materials separated from municipal waste which are to be
used as raw materials for, the development of new usable products.
Recyclable materials can include the following items: newsprint, high
grade office paper, glass, aluminum, steel and bimetallic cans, plastic,
corrugated paper and leaf wastes.
An establishment which is maintained or used or operated
for the purposes of temporarily storing and preparing scrap and/or
discard materials for consumption by other establishments whose operations
include producing products from recycled materials.
A parent, child, stepchild, grandparent, grandchild, brother,
sister, half-brother, half-sister, step-brother, step-sister, first
cousin, aunt uncle, niece or nephew.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
Any discarded material or articles, including scrap metallic
or nonmetallic items, whole or parts of vehicles and equipment, paper,
glass, containers and structures, which is separated for industrial
processing and reprocessing and further used or re-used. (See "junk,"
"waste," "recyclable materials.")
See "solid waste."
The central sewage system operated by Hatfield Borough.
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, service, event,
or location by any means, including words, letters, figures, design,
symbols, fixtures, colors, illumination or projected images.
The area of all lettering, wording, and accompanying designs,
logos, and symbols, together with the background on which they are
displayed (whether open or enclosed), but excluding any supporting
framework and bracing.
Where the sign consists of individual letters, designs, or symbols,
attached to a building, awning, wall, or window, the area shall be
that of the smallest rectangle which encompasses all of the letters,
designs, and symbols.
Where a sign consists of an identical double-face, only one
side shall be considered in the calculation of area, but if the interior
angle formed by the two faces is greater than 45°, then both sides
of the sign shall be considered in the calculation of area.
See § 27-1103, Types of Signs.
[Amended at time of adoption of Code (see Ch. AO)]
The ownership of a contiguous land area as one or more lots
by one owner, whether a person, partnership, corporation, or other
legal entity, irrespective of the fact that parts of the land may
have been acquired at different times or that the area may have been
divided into parts on any plan or plat.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
A land use including buildings, land equipment, and any other
appurtenances used in the processing of solid waste, resource recovery,
cogeneration of energy, recycling, incineration, and/or landfilling
as a means of disposal of solid waste.
DUMPA site used primarily for the disposal by abandonment, dumping, burial, burning, or other means, and for whatever purpose of garbage, trash, junk, vehicles or parts thereof, or waste material of any kind.
SANITARY LANDFILLAny outdoor establishment or place' of business operated or maintained for the disposal of solid waste by the method known as "landfilling," in accordance with any or all federal, state, and local landfilling laws, statutes, rules, and regulations. The term "landfill" shall have the same meaning as sanitary landfill.
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board
is empowered to grant permission for special exceptions, consistent
with the public interest, in compliance with standards and procedures
established in this chapter.
Retail shops and stores selling gifts, novelties, flowers,
books, periodicals, jewelry, apparel, tobacco, toys, crafts, hobby
supplies, cameras and film, stationary, or antiques. Stores in excess
of 7,500 square feet in a single structure are not included in this
use. Adult uses are excluded.
One or more of the following:
Areas with a gradient of 15% or greater, as determined by
the soil survey or accurate contour mapping.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and ceiling
next above it and including those basements used for the principal
use.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, viaduct, and any other ways used or intended to be
used by vehicular traffic or pedestrians whether public or private.
A line identical with the front lot line and ultimate right-of-way
line.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected in the Subdivision and Land Development Ordinance (Chapter 22) for adequate handling of anticipated maximum traffic volumes. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Borough. Front yard setbacks are measured from the ultimate right-of-way.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the ground.
The division or redivision of lot, tract, or parcel of land
by any means into two or more lots, tracts, parcels, or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership, or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling shall be exempted.
A body of water or receptacle for water having a depth at
any point greater than 30 inches which is primarily used or intended
to be used for swimming or bathing.
Any building with less than 200 square feet in area.
The use of any premises or structure for living and/or sleeping
purposes for less than 100 consecutive days in any calendar year.
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under this Part.
[Added by Ord. No. 531, 6/13/2018]
A recreational vehicle requiring a separate power source
for pulling, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
A use (other than a county or state prison or a state-licensed
hospital) providing housing for four or more unrelated persons who
need specialized housing, treatment and/or counseling because of:
Criminal rehabilitation, such as a criminal halfway house.
Current addiction to a controlled substance that was used in
an illegal manner or alcohol.
A type of mental illness or other behavior that causes a person
to be a threat to the physical safety of others.
|
The reference to four or more unrelated persons shall include
staff persons who routinely stay overnight. The term "treatment center"
shall also include an outpatient methadone treatment center, as defined
by the State Municipalities Planning Code, 53 P.S. § 10101
et seq.
|
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street. Identical with front
lot line and street line.
Above-ground structures or facilities (other than buildings,
unless such buildings are used for storage incidental to the operation
of such structures or facilities) owned by a governmental entity,
a nonprofit organization, corporation, or any entity defined as a
public utility for any purpose by the Pennsylvania Public Utilities
Commission and used in connection with the production, generation,
transmission, delivery, collection, or storage of water, sewage, electricity,
gas, oil, or communication signs. Excepted are utility transmission
lines and supporting structures.
The granting of permission by the Zoning Hearing Board to use or alter land or structures which requires a variation from the strict application of a requirement of this chapter. Variances are granted only if specific requirements are met, in accordance with provisions of Part 6.
The land area devoted to vegetative coverage including lawns,
trees, shrubs, flowers, and gardens.
An open area, other than a street or parking area, used for
display, sale, or rental of new or used motor vehicles, recreational
vehicles, or boats in operable conditions, and where no major repairs
are done.
A building or group of buildings situated in a controlled-access
compound which are divided into individual separate access units which
are rented or leased for the storage of tangible personal property.
A building or group of buildings primarily used for the commercial
storage, transfer and distribution of products and materials.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. This term does not include source-separated recyclable
materials. Waste is classified in accordance with Act 101, the Solid
Waste Management Act, 35 P.S. § 6018.101 et seq.
A water distribution system serving all or a portion of the
Borough and operated by a certified public utility.
A place intended or used for the directed surface flow of
water including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
Those areas that are inundated and saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adopted for life in saturated solid conditions; includes
swamps, marches, bogs and similar areas. Development in wetlands is
regulated by the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Protection. Identification of wetlands
should be based upon the "Federal Manual for Identifying and Delineating
Wetlands," an interagency publication of the Corps of Engineers, EPA,
Fish and Wildlife Service, and Soil Conservation Service, dated January
1989.
Places of business primarily engaged in selling merchandise
to retailers, to industrial, commercial, institutional or professional
business users, or to other wholesalers, or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies.
Areas, groves, or stands of mature or largely mature trees
(i.e., greater than six inches in caliper) covering an area greater
than 1/4 of an acre, or groves of mature trees (greater than 12 inches
in caliper) consisting of more than 10 individuals.
The area(s) of a lot which must remain free of buildings
or other structures, and may be used as lawn or planted area, parking
or driveway space, in compliance with the provisions of this chapter.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. Architectural elements such as cornices,
entrance hoods, overhangs, or eaves may extend no more than three
feet into the required yard area. "Yard" is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line. See § 27-806 concerning setbacks for corner lots.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear, and side lot lines.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
[1]
Editor's Note: The Unit Property Act, 68 P.S. § 700.101,
was repealed by the Act of July 2, 1980, P.L. 286, No. 82, § 2
(Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.) except
with respect to condominiums approved under the Unit Property Act
prior to the effective date of the repeal.
