[Ord. No. 353, 6/19/1991, § 1700; as amended by
Ord. No. 495, 12/15/2010, § 2]
1.
It is the intent of this district to:
A.
Maintain and strengthen the role of the Commercial District as a
neighborhood service center.
B.
Relate specific types of uses to appropriate minimum lot sizes, to
ensure adequate lot area relative to intensity of use.
C.
Minimize potential for increased traffic congestion, overcrowding
of land, glare, noise and pollution resulting from commercial development.
D.
Encourage the retention of existing older buildings, through conversion
to office and commercial uses.
E.
Promote commercial uses that are compatible with adjacent residential
uses.
F.
Provide for a mix of residential and commercial compatible uses in
a compact, walkable, community.
[Ord. No. 495, 12/15/2010, § 2]
1.
The following uses are permitted on any lot in the Commercial District:
A.
Two-family dwelling and townhouse.
C.
Retail establishment for the sale of dry goods, variety merchandise,
clothing, food, baked goods, beverages, flowers, plants, drugs, hardware,
books, furnishings, and similar uses.
D.
Sale and repair of watches, clocks, optical goods, musical, professional
or scientific instruments, automobile supplies of similar small appliances.
E.
Personal service shop, barber or beauty shop, custom tailoring, shoe
repair, dry cleaning (provided that no cleaning operations are performed
on the premises), and other similar uses.
F.
Restaurant and tavern, excluding drive-through restaurant. Restaurant
uses may include outdoor cafes as long as the outdoor cafe is not
located on a public sidewalk and so long as the outdoor cafe meets
the following requirements:
(1)
Sound amplified by speakers or other electronic means will not
be permitted. Low level recorded music will be permitted if the sound
cannot be heard beyond the property line.
(2)
Outdoor dining must be associated with connected to a restaurant
that prepares and serves food.
(3)
Outdoor dining shall be permitted year round.
(4)
Outdoor dining shall be limited to the regularly posted hours
of operation not to exceed 11:00 p.m.
(5)
Outdoor furnishings shall be limited to a maitre d' stand, tables,
chairs and umbrellas. Outdoor bars are not permitted. Outdoor furnishings
shall be stored inside for seasonal closures.
(6)
Planters, posts with ropes, iron fencing, or other removable
enclosures are encouraged and shall be used as a way of defining the
area occupied as outdoor dining.
(7)
Refuse facilities shall be provided in the outdoor dining area
and trash shall be continually cleaned by restaurant staff.
(8)
Signage shall comply with Part 11, Signs.
(9)
Outdoor dining shall not impede pedestrian safety and flow.
(10)
The lighting associated with the outdoor dining shall not disturb
the right of quiet enjoyment of the neighboring properties. Lights
such as flood lights and spot lights are not permitted to shine off
the property into or onto neighboring properties.
(11)
Except as specifically modified herein, the applicant shall
comply with all other existing Borough zoning ordinances as applicable.
G.
Professional offices for doctors, dentists and other health services,
lawyers, engineers, architects, accountants, professional consultants
or other professionals similar to those listed above.
H.
Business offices including, but not limited to, security and commodity
brokerage, real estate sales, travel agency, employment counseling,
insurance sales, advertising, mailing and stenographic services, and
other services of a similar nature.
I.
Bank or other financial institution, provided that any drive-through
service will be allowed only by conditional use if the applicant proves
the facilities are designed to minimize pedestrian conflicts along
the sidewalks of Main Street, Broad Street and Lincoln Avenue.
J.
Funeral home.
K.
Municipal or government use; public utility office.
L.
Studio for dance, fitness, music, art, or photography.
M.
Place of indoor recreation/amusement.
O.
Bed-and-breakfast, meeting the additional standards of § 27-904, Subsection 4.D, of this chapter.
P.
A combination of residential and commercial uses, in one or more buildings, meeting the additional standards of § 27-1710, below.
Q.
Animal hospital.
R.
A tower/antenna that primarily serves emergency communications by
a Borough-recognized police, fire or ambulance organization, and is
on the same lot as an emergency services station, shall be permitted
by right.
S.
Any use of the same general character as the permitted uses above.
T.
An off-site catering business, either as a principal use or as an
accessory to another use permitted in the district, provided that
space is designated for loading and unloading on site (inside or outside)
in addition to any parking required under Part 10, Off-Street Parking
Standards.
[Added by Ord. No. 506, 3/20/2013]
[Ord. No. 495, 12/15/2010, § 2; as amended by Ord. No. 531, 6/13/2018]
1.
Uses Permitted by Conditional Use:
A.
Sales of consumer fireworks from either a permanent facility or temporary
sales structure shall be permitted only by conditional use in the
C Commercial District, subject to compliance with all of the following
specific regulations with respect to such use as well as the general
provisions of the Code.
(1)
Such use shall not be located within 1,500 feet of any premises
selling alcoholic liquors, alcohol, malt or brewed beverages for consumption
on or off premises.
(2)
Such use shall not be located within 1,500 feet of any local
or state park, school or child day-care facility, recreational establishment,
house of worship, dwelling, hospital, group home or nursing home.
(3)
Any structure containing quantities of consumer fireworks as
defined herein, exceeding 50 pounds shall be no closer than 150 feet
to any building, state highway, railway, local street or alley, waterway,
or utility right-of-way, including, but not limited to, natural gas
lines.
(4)
Such use should not be located within 1,500 feet of any premises
selling firearms.
(5)
All land development plans for construction, use or renovation
of an existing building for the purpose of selling fireworks shall
be reviewed by the Code Enforcement Officer for compliance with all
required fire safety codes, including, but not limited to, the International
Fire Code, and his comments and/or report shall be copied to the Hatfield
Volunteer Fire Company.
(6)
Sale of fireworks shall be subject to compliance with all of
the provisions of Pennsylvania Act 43 of 2017 pertaining to the sale
thereof. Hours of operation shall be confined from 9:00 a.m. to 5:00
p.m. Security and site management shall be provided 24 hours per day.
(8)
All sales of consumer fireworks as defined herein shall be conducted
only from a facility exclusively dedicated to the storage and sale
of fireworks.
(9)
If the facility in which the sales of consumer fireworks are
conducted is a temporary sales structure, it shall comply with the
following regulations, in addition to the other regulations set forth
in Subsection 1.A(1) through (9) above:
(a)
The temporary sales structure is located no closer than 250
feet from a facility storing, selling or dispensing gasoline, propane
or other flammable products.
(b)
An evacuation plan is posted in a conspicuous location for a
temporary sales structure in accordance with NFPA 1124.
(c)
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
(d)
The temporary sales structure complies with NFPA 1124 as it
relates to retail sales of consumer fireworks in temporary sales structures.
(e)
The temporary sales structure is located one of the following
distances from a permanent facility licensed to sell consumer fireworks
under the Act of May 15, 1939 (P.L. 134, No. 65), referred to as the
"Fireworks Law,"[2] at the time of the effective date of this Part:
[2]
Editor's Note: See 72 P.S. § 9401 et seq.
(f)
The temporary sales structure does not exceed 2,500 square feet.
(g)
The temporary sales structure is secured at all times during
which consumer fireworks are displayed within the structure.
(h)
The temporary sales structure has a minimum of $2,000,000 in
public and product liability insurance.
(i)
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
(j)
Consumer fireworks not on display for retail sale are stored
in an outdoor storage unit.
(l)
Storage of consumer fireworks shall be permitted only as an
accessory use to the sale of consumer fireworks on premises.
(10)
The facility from which fireworks are sold, whether permanent
or temporary, shall comply with the C Commercial Zoning District,
lot dimensional, area, and parking regulations of the zoning district
within which such facility is located, including, but not limited
to, setbacks and buffers.
B.
Outdoor dining uses that occupy any portion of a public sidewalk, trail or right-of-way may be permitted by conditional use as long as the sidewalk or right-of-way is usable by the public and the use otherwise meets the requirements under § 27-1702, Permitted Uses, Subsection 1.F(1) through (11), and such other reasonable conditions that may be imposed by Borough Council, after a hearing to ensure the use does not impede pedestrians or negatively affecting public safety.
[Ord. No. 495, 12/15/2010, § 2; as amended by Ord.
No. 501, 8/15/2012]
1.
The following uses may be permitted by the Zoning Hearing Board as special exceptions in conformance with the standards and criteria listed in §§ 27-1705, 27-610 and 27-611.
A.
Automobile service station, automobile garage, gasoline station.
B.
Beverage sales, i.e., a Pennsylvania licensed distributor of alcohol,
beer, wine and spirits.
C.
Contractor's office or shop used for carpentry, cabinet-making, furniture,
upholstery, metal-working, plumbing and heating, paper hanging or
similar uses, provided that the shop shall not exceed 5,000 square
feet in size.
D.
Hotel, motel, rooming or boarding house.
E.
Motor vehicle sales.
[Ord. No. 495, 12/15/2010, § 2]
1.
A minimum lot size of 20,000 square feet and a minimum frontage of
200 feet are required. The use shall meet the other dimensional requirements
for commercial uses.
2.
All operations (except those performed at fuel pumps) to be performed
within enclosed building.
3.
No more than one driveway entrance per 200 feet is permitted onto
any primary or collector street.
5.
Gasoline Sales Canopies. Any canopy over gasoline pumps shall have
a maximum distance between the ground level and the underside of the
canopy of 16 feet. If the ground level or canopy is sloped, then a
portion of the canopy may have a greater height, provided that the
maximum height is 16 feet at the portion of the canopy that is closest
the street. All light fixtures under the canopy shall be recessed
into the canopy or screened by an extension around the bottom of the
canopy so that lighting elements are not visible from another lot.
The placement and volume of any loudspeaker shall be controlled so
that the noise cannot be heard beyond the property line.
[Ord. No. 495, 12/15/2010, § 2]
See Table 27-17-4 at end of this Part 17.[1]
[1]
Editor's Note: Said table is included as an attachment to
this chapter.
[Ord. No. 495, 12/15/2010, § 2]
1.
All required parking spaces shall be located in the rear or side
yards, with the exception that one parking space may be located in
the front yard of an existing single-family detached dwelling.
2.
Where a driveway is located in a side yard, a five-foot landscaped
buffer strip shall be provided on either side of the driveway. The
buffer strip may be maintained as lawn or planted with trees and shrubs
or similar landscape material.
4.
All parking areas for multifamily dwellings shall be set back at least 10 feet from all side and rear property lines, and five feet from any building on the lot. Landscaping shall be provided within the side and rear setbacks, according to the standards of § 22-420 of the Subdivision and Land Development Ordinance (Chapter 22).
[Ord. No. 495, 12/15/2010, § 2]
These standards shall apply to any commercial use or any combination of commercial and residential uses. Mixed use developments shall also meet the requirements of § 27-1710.
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Minimum lot area
|
10,000 square feet
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Minimum lot width at street line
|
50 feet
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Front yard setback
|
Minimum zero feet, maximum 10 feet, as calculated in accordance with § 27-805 except where a building line has been established for a majority of the existing buildings on the block, the setback of the majority of the existing in buildings on that block may be used as approved by Borough Council.
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Side yard setback
|
10 feet for each side yard, or 15 feet where a driveway exists
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Rear yard setback
|
40 feet
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Maximum building coverage
|
40% of the lot area
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Maximum impervious coverage
|
80% of the lot area
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Minimum landscaped area
|
20% of the lot area
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Maximum building height
|
Four stories or 40 feet, whichever is more restrictive. A maximum
height of four stories or 60 feet, whichever is more restrictive,
shall be permitted if the applicant provides evidence acceptable to
the Borough Fire Marshal that there will be adequate provisions for
outside access and adequate fire protection measures to allow the
taller height. Any new principal building shall have the appearance
of a pitched, peaked, gable or mansard roof or a decorative cornice
when viewed from. Main, Lincoln or Broad Streets.
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[Ord. No. 495, 12/15/2010, § 2]
1.
Storage and Display.
A.
No business items shall be stored outdoors between the hours of 9:00
p.m. and 6:00 a.m. within the front yard minimum setback nor within
a public right-of-way. This limitation shall not apply within the
front yard minimum setback to trees, plants, produce, Christmas trees
or outdoor dining facilities approved by the Borough. No fireworks
shall be displayed, stored or offered for sale within any required
yard.
B.
Motor vehicles may be stored in rear or side yards only, in conjunction with a permitted use, and storage areas shall be landscaped according to parking lot landscaping standards in the Subdivision and Land Development Ordinance (Chapter 22).
C.
Motor vehicles may be displayed for sale purposes within the minimum
required front yard only in the regular course of a retail car sales
or rental business, but no motor vehicles may encroach into any sidewalk
or public right of way.
2.
Parking Standards.
A.
No parking shall be permitted within the front yard setback or in
front of the principal building.
B.
Parking in the side yard must be screened by a hedge or wall at least
42 inches in height, or by a landscaped buffer sufficient to screen
the parking lot.
C.
Parking areas shall be set back at least 10 feet from any rear lot
line and five feet from any side lot line, unless shared parking is
used.
4.
Temporary Uses. Temporary commercial uses shall meet all of the same
requirements as permanent commercial uses including, but not limited
to, permit requirements, set backs, parking requirements, sign regulations
and limitations on front yard storage.
[Ord. No. 495, 12/15/2010, § 2]
A lot in the C District may include multiple allowed uses, provided
that the requirements for each use are met.
[Ord. No. 495, 12/15/2010, § 2]
1.
The Central Business Overlay District is defined as including all
lots with frontage on: Main Street; Market Street; Lincoln Avenue
East of Main Street and Broad Street, and situated in the following
zoning districts: CC Core Commercial; C Commercial; and R-3 Residential.
2.
In addition to any requirements of the specific zoning district in
which the lot is located, business and property owners undertaking
exterior renovations to existing properties which require a building
permit, and other applicants who make a land development or subdivision
application for a new building, addition to an existing building,
or renovations to an existing building, shall comply with the design
guidelines contained in Part 24, "Design Guidelines in the Central
Business District."
