[Ord. 761, 8/26/1985, § 400]
For the purposes of this chapter the following regulations shall
govern each and every district.
[Ord. 761, 8/26/1985, § 401]
A lot which is of public record in single and separate ownership
at the time of enactment of this chapter which is not of sufficient
size or dimension to permit the erection of a building thereon in
accordance with the requirements of this chapter, and provided the
Zoning Hearing Board finds the necessary additional ground is not
available because of the settled condition of the neighborhood, or
because of inability of the owner to acquire additional ground upon
fair terms, the Zoning Hearing Board may grant a variance for the
use of such parcel of ground upon such conditions as the Zoning Hearing
Board may specify.
[Ord. 761, 8/26/1985, § 402]
No lot shall be so reduced that the area of the lot, or the
dimensions of the required open space shall be less than herein prescribed.
[Ord. 761, 8/26/1985, § 403]
A lot which does not conform to the regulations of the district in which it is located and which is included in a recorded plan of lots heretofore approved under the provisions of the Land Subdivision Ordinance [Chapter 22] of the Borough of Hatboro and its supplements and amendments, shall not be used unless the regulations of the district are met, unless such recorded subdivision plan was approved by the Borough Council of the Borough of Hatboro within one year preceding the effective date of this chapter, or a variance is obtained from the Zoning Hearing Board.
[Ord. 761, 8/26/1985, § 404]
On any lot, in an area between the curb or the paved area of
any street and the building line, no wall, fence, or other structure
shall be erected, altered, or maintained between the height of three
feet and nine feet above the street curb level or the mean street
level, whichever is greater.
[Ord. 761, 8/26/1985, § 405]
No building or structure may hereafter be erected or altered
on any lot situated without frontage on a public street or highway
unless there is direct access to that lot from a public street or
highway through a permanent right-of-way. Such right-of-way shall
be at least 25 feet wide with a paved cartway not less than 10 feet
wide for a single-family dwelling, or not less than 16 feet wide for
two-way traffic for any other type of building or structure.
[Ord. 761, 8/26/1985, § 406]
An existing lot for which access to a public street or highway
is by a strip of land less than 25 feet wide may be built upon only
when authorized by a variance. In computing the area of such lots,
the area of the strip of ground connecting the lot with the public
street or highway shall be used as an access strip only to the particular
lot in question. The Zoning Hearing Board shall consider the suitability
of the strip of ground which connects the lot with the public street
or highway for use as an access driveway and shall insure that any
such driveway will not generate dust. The Zoning Hearing Board may
impose such other conditions as may be required.
[Ord. 761, 8/26/1985, § 407; as amended by Ord.
798, 6/27/1988; and by Ord. 1005, 5/23/2011]
1.
Accessory uses authorized in this chapter shall include, but not
be limited to, the following:
A.
Uses accessory to land cultivation, including lawns, flower and vegetable
gardens, and including the preparation of garden products for use
by the residents.
B.
Uses accessory to a dwelling, none of which shall exceed 15 feet in height except as permitted in § 27-413 of this chapter:
[Amended by Ord. 1015, 1/28/2013; by Ord. 1020, 4/14/2014; and by Ord.
1039, 10/10/2016]
(1)
Use of private garage for the storage of private motor vehicles,
and the routine maintenance of private vehicles owned by the occupant
of the premises.
(2)
Use of private swimming pools both in-ground and on-ground for
the use of the occupant and guests of the occupant of the premises.
(3)
Use of storage sheds for tools and garden equipment, or the
general storage of household goods and equipment.
(4)
Use of nonpermanent buildings or structures as a children's
playhouse, shelter for domestic pets, birdhouses, or other similar
use. No such building or structure, except birdhouses, may be erected
in a tree or trees. No such structure may exceed 32 square feet.
(5)
Use of permanent buildings as living quarters for household
employees, caretakers, or watchman, provided that the building meets
standards of current building and occupancy codes for occupancy.
C.
The following uses may be authorized by special exception granted
by the Zoning Hearing Board. Authorization is subject to a finding
by the Zoning Hearing Board that the exception will not cause any
change in the character of the residential neighborhood, that parking
and traffic flow will not overburden existing streets and parking
facilities, and that the majority of residents within 500 feet of
the property in question have no objection to the intended use. All
applications for special exception shall be reviewed by the Borough
Engineer and Planning Commission before consideration by the Zoning
Hearing Board.
(1)
Use of principal or accessory permanent building as professional
office or studio of a physician, dentist, teacher, artist, architect,
landscape architect, musician, lawyer, professional whose practice
does not require laboratory, workshop, or sales facilities on the
premises. No more than three people in addition to practitioner may
assist or be employed therein and the practitioner must live in the
premises.
(2)
Use of principal or accessory permanent building for home occupation as defined in § 27-202 of this chapter. No more than three people in addition to the home owner may assist or be employed therein, and the owner of the premises resides thereon.
(3)
Use of rooms as sleeping quarters for rental to nonfamily members.
Rooms may not be rented to more than two nontransient persons, with
or without the provision of table board, and the lessor must reside
on the premises.
D.
Uses accessory to noncommercial recreational use customary refreshment
and service uses in areas designated as public parks or recreation
areas.
E.
Uses authorized in this Part as accessory to a dwelling shall not
be deemed to include health care facilities, animal care facilities,
retail or wholesale facilities, storage or sale of tradesman equipment
or supplies, facilities for personal services such as barbershop,
beauty parlor, or businesses such as a hotel, tearoom, cafe, restaurant,
or any similar use.
[Ord. 761, 8/26/1985, § 408; as amended by Ord.
798, 6/27/1988]
Except as otherwise provided in this chapter, an accessory building
or structure may be erected within a side yard, provided it is located
at least as far back from the street line as the foremost portion
of the principal building.
[Ord. 761, 8/26/1985, § 409; as amended by Ord.
798, 6/27/1988]
1.
Except as otherwise provided in this chapter, an accessory building
or structure may be erected anywhere in the rear yard, but not nearer
than eight feet from any side or rear property line; with the following
additional exceptions:
A.
An accessory building not erected on a permanent foundation may be
erected anywhere in a rear yard, but not nearer than four feet from
any side or rear property line.
B.
An accessory building erected on a permanent foundation may be erected
on the side property line if the adjoining property owner(s) give
written consent and provided that the property line wall of any building
so erected shall be of solid masonry construction.
C.
On-ground and in-ground swimming pools may be erected in any side
yard or rear yard but may not be nearer than eight feet from any side
or rear property line.
D.
No accessory building may be erected nearer than eight feet from
any other existing building on the same or adjoining property. Provision
must be made for the disposal of roof water onto the same property
on which the building is erected or to the nearest storm sewer.
[Ord. 761, 8/26/1985, § 410; as amended by Ord.
1005, 5/23/2011]
1.
No building or structure, and no part of a building or structure
shall be erected within, or shall project into, any minimum required
yard in any district, except that:
A.
An unenclosed porch, not more than 14 feet in height, may be erected
to extend into a required front or rear yard a distance of not more
than 10 feet, and provided that in no case shall it extend into such
front or rear yard more than one-half the existing depth of the yard.
B.
A terrace, deck, platform, or landing, not covered by a roof, canopy,
or trellis, which does not extend above the level of the first floor
of the building, may be erected to extend into a required yard a distance
of not more than 12 feet provided that it shall not extend into such
yard more than 40% of the existing depth or width of the yard.
C.
A carport may be erected over a driveway in such a required side
yard; provided, that such structure is:
(1)
Not more than 14 feet in height and 20 feet in length.
(2)
Entirely open on all sides except where, attached to a building,
exclusive of the necessary supporting columns and the customary architectural
features.
(3)
Does not extend closer to the side, lot line than the distance
permitted for an accessory use building in the zoning district in
which the carport is erected.
D.
Open fire escapes or steps, bay windows, and balconies may project
not more than three feet into any required yard.
[Ord. 761, 8/26/1985, § 411]
Except as otherwise provided by this chapter, no fence or wall
over six feet in height shall be erected within any open spaces required
by this chapter; and further, no fence or wall over four feet in height
shall be permitted forward of the building line, and any such fence
or wall so erected forward of the building line shall contain openings
therein equal to 50% or more of the surface area of the fence or wall.
A permit fee shall be set, from time to time, by resolution of Borough
Council.
[Ord. 761, 8/26/1985, § 412]
1.
Exceptions to the maximum height specified in each district shall
be governed by the following:
A.
In all districts, chimneys, spires, towers, skylights, water tanks,
radio or television antennas, or any structures for similar uses,
shall not be included in calculating the height where such structures
are customary vertical projections of a permitted building.
B.
In any residential district the prescribed basic height limit may
be exceeded by one foot, up to a maximum of 10 feet, for each foot
by which the width of each side yard and the depth of the rear yard
is increased beyond the minimum requirements.
[Ord. 761, 8/26/1985, § 413; as amended by Ord.
1005, 5/23/2011]
The continuation of adequate topsoil on the land within the
Borough of Hatboro is considered necessary for the general welfare
of the Borough and the future development thereof. Thus the permanent
removal of topsoil from the land within the Borough of Hatboro is
prohibited. This prohibition shall not be construed to prohibit the
owner of the land in removing topsoil where necessary for the purpose
of construction of a building or structure and the regrading of the
land surrounding the building or structure following construction.
[Ord. 761, 8/26/1985, § 414]
All trees and shrubs shall receive such care as to preserve
them during their natural lifetime. Any tree or shrub or portion thereof
which dies or suffers damage due to lightning, wind or other causes,
shall be removed immediately where potential harm to others or property
exists, or, otherwise shall be removed within six months. Every lot
owner shall maintain one tree or shrub for every 3,000 square feet
of lot area.
[Ord. 761, 8/26/1985, § 415]
1.
Mobile homes are a permitted use in any residential district provided
that they meet the applicable requirements for single-family detached
dwellings as set forth in this chapter.
A.
Mobile home parks shall be permitted as a conditional use, with the
approval of Borough Council, only in the R-1 Residential District.
However, the proposed mobile home dwellings shall be considered as
single-family detached dwellings requiring public sewage and public
water facilities and meeting all of the requirements of the R-1 Residential
District as set forth in this chapter.
[Ord. 761, 8/26/1985, § 416]
No lot or premises may be used as a trailer or motor home camp,
and no lot or premises shall maintain an inhabited trailer or motor
home for a period in excess of 30 days, except in a Highway Business
District, with prior approval of Borough Council, and then only if
adequate sanitary and other utilities are available.
[Ord. 761, 8/26/1985, § 417; as amended by Ord.
1005, 5/23/2011]
No section of this chapter shall be constructed to prohibit
condominium ownership as permitted by the Pennsylvania Uniform Condominium
Act, P.L. 286, 68 Pa.C.S.A. § 3101 et seq.
[Ord. 761, 8/26/1985, § 418]
1.
The following standards shall be followed throughout the Borough
of Hatboro:
A.
No building or structure shall be erected, altered, or used, and
no lot or premises shall be used, for any trade, industry, or business
that is noxious or offensive by reason of odor, dust, smoke, gas,
vibration, illumination, or noise.
B.
No lot or premises shall be used for the storage, deposit, or disposal
of rubbish, junk, hazardous waste, or any noxious, offensive, or otherwise
objectionable material.
[Ord. 761, 8/26/1985, § 419]
1.
The following regulations shall apply, notwithstanding zoning district
area and width requirements as otherwise set forth in this chapter:
A.
In all residential districts of the Borough of Hatboro which are
served neither with sanitary sewers nor with public water supply,
lots shall have a minimum width at the building line of 150 feet.
B.
In all residential districts of the Borough of Hatboro which are
not served with sanitary sewers, but which are served with public,
water supply, lots shall have a minimum area of 30,000 square feet
and a minimum width at the building line of 125 feet.
C.
Smaller lot sizes and widths than specified in Subsection 1A and
B above, but not less than permitted in the zoning district regulations,
may be permitted when authorized as a special exception and upon submission
of satisfactory evidence to the fact that the smaller lot area or
width will provide safe and effective sanitary sewage disposal in
the particular location in question. Such evidence shall include,
but shall not be limited to, a specific recommendation from the official
representative of any governmental agency or municipal authority having
jurisdiction of the subject matter. Lots served with capped sanitary
sewer lines not connected to a sewage disposal plant shall not be
considered as being served with public sewer.
D.
No multiple dwellings, hospitals, sanitariums, convalescent homes,
clubs, fraternal institutions, motor courts, motels, or mortuaries,
or uses permitted in the retail commercial or industrial districts
shall be erected, altered or used without service of sanitary sewers
and public water supply.
E.
No industrial plant shall dispose of any industrial wastes by emptying
same into the sanitary or storm sewer systems or by disposing of same
on any lot, public street or highway in the Borough of Hatboro, except
as hereinafter provided:
(1)
Industrial wastes may be emptied into the sanitary sewer system
or into a private sewage disposal system when authorized as a special
exception, and upon submission of satisfactory evidence that such
wastes can be disposed of by a sewage disposal system. Such evidence
shall include, but may not be limited to, specific recommendations
from the official representative of any governmental agency or municipal
authority having jurisdiction of the subject matter.
[Ord. 761, 8/26/1985, § 420]
1.
Except as otherwise provided in this chapter, no building or structure
shall be erected, altered, or used, and no lot or premises shall be
used as a livestock barn, boarding stable, kennel, zoo, animal research
laboratory, or any other facility for the keeping, breeding, experimental
research, trade, or sale of domestic or wild animals except as a conditional
use approved by Borough Council.
A.
The Borough Council shall consider the suitability of the size of
the lot, the disposal of animal wastes, the noise, odor, and dust
created by such use, and the safety, health, and environmental hazards
to neighboring uses as well as the adequacy of the proposed facilities
for the proper care of the animals.
[Ord. 761, 7/26/1985, § 421]
An electric substation located in a residential district shall
not be permitted rotating equipment, storage of material, trucks or
repair facilities, housing of repair crews, or offices of place of
business.
[Ord. 761, 7/26/1985; as added by Ord. 798, 6/27/1988; and
as amended by Ord. 1005, 5/23/2011; and by Ord. 1015, 1/28/2013]
1.
For the purpose of this chapter, a private swimming pool shall be
an accessory structure.
A.
All private swimming pools shall be maintained in good condition
with fence and required gates and ladders in place at all times. The
Zoning Officer may order the repair or removal of any pool not properly
maintained or protected from accidental access.
[Ord. 761, 7/26/1985; as added by Ord. 798, 6/27/1988]
1.
The following regulations shall govern the parking or storage of
motor vehicles, utility trailers, recreational vehicles, boats and
boat trailers, and truck trailers in Residential and Office Zoning
Districts:
A.
Motor vehicles (as defined in the Pennsylvania Vehicle Code, 75 Pa.C.S.A.
§ 101 et seq.) shall not be permitted to remain in public
view if such motor vehicle does not have a legal license plate or
is unable to be operated legally on a public street. This shall not
apply to an emergency situation where a motor vehicle, owned by a
resident of property in a Residential District, is permitted to remain
on such property for a period not in excess of 96 hours.
B.
Utility trailers more than eight feet in length, travel trailers,
motor homes, or motor bus more than 25 feet in length may not be kept
or stored in a Residential or Office District. Any other recreational
motor vehicle, boat, or boat trailer which does not create a nuisance
or a health, safety, or fire hazard may be kept or stored in the rear
yard in a Residential District only.
C.
Any truck more than 18 feet in length, 80 inches in width, or more
than 8,200 pounds in gross vehicle weight may not be parked in any
driveway or parking lot, or kept or stored in any Residential District.
D.
Major repairs to any motor vehicle which require more than 48 hours,
or which create a health, safety, or fire hazard, or nuisance, or
which detract from the character of the surrounding properties, shall
not be permitted in any Residential or Office District. (The term
"major repairs" shall include removal of body or mechanical parts
rendering the motor vehicle legally inoperable as defined in the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 101 et seq.)
[Ord. 761, 7/26/1985; as added by Ord. 859, 9/30/1991]
No building or structure shall be used for the purpose of operating a child day care center, family day care home, or group day care home in the Borough of Hatboro without a special exception granted by the Zoning Hearing Board in accordance with the provisions found in Part 23 of this chapter.
[Added byOrd. 1019, 1/27/2014; amended by Ord. 1027, 10/26/2015]
1.
Dumpsters Regulated.
A.
Location.
(1)
Off-Street. Generally, dumpsters shall be placed on the property
being serviced and not on the street in front of the property. No
commercial or construction dumpster shall be located within 10 feet
of an abutting building. Where compliance with this provision is not
possible by virtue of the proximity of the buildings to one another,
or where there are other compelling reasons (example: narrowness of
street prevents delivery of dumpster onto property), on-street placement
is permitted.
(2)
On-Street. If permitted and the dumpster is placed on the public
street or alley, the dumpster shall be directly in front of or on
the side of the property address utilizing the dumpster. In no case
may the dumpster create a sight obstruction for vehicular or pedestrian
traffic nor block sidewalks. The Borough Code Enforcement Officer
may require that adequate safety mitigation measures in conjunction
with the portable storage unit be undertaken by the applicant where
necessary. In any event, a dumpster placed in the street:
(a)
Shall not be more than 18 inches from the curb;
(b)
Shall not obstruct driveways of abutting properties;
(c)
Shall be protected at both ends by a barricade, which, after
sunset, shall have a flashing yellow light attached to it;
(d)
Shall have a reflector or reflective area of not less than 36
square inches at each end; and
(e)
May not be utilized where the remaining usable width of the
roadway does not allow for the passage of motor vehicles around it.
B.
Time Limit.
(1)
A dumpster may remain on a property for 30 days, with up to
two thirty-day extensions pursuant to the permitting provision below.
Absent an emergency condition, in no event shall a dumpster remain
on a property in excess of 90 days in one twelve-month period.
(2)
A dumpster placed on a public street may not remain for longer
than 14 days at any one time and, absent an emergency condition, not
more than on three separate occasions in one twelve-month period.
(3)
When the need for the dumpster is the result of an emergency
condition at the property to be served (example: water or fire damage;
hurricane damage), then in such instance the dumpster may remain for
the length of time necessary to remove the debris as determined by
the Code Enforcement Officer. In such instances, the use of the dumpster
is not counted towards the limit of three times per twelve-month period.
C.
Sanitation. The following requirements shall be maintained while
the dumpster is on or at the site:
(1)
The area around the dumpster shall be kept free of debris and
litter;
(2)
Any dumpster into which animal or vegetable waste or material
has been dumped or deposited shall be removed or emptied within 24
hours;
(3)
Any dumpster producing or causing noxious, foul or offensive
odors shall be immediately removed or cleaned to eliminate the odor;
and
(4)
A full dumpster shall be removed from the property within two
days.
D.
Usage. A dumpster shall only be used to contain and remove debris
and material generated at the location where the dumpster is placed.
E.
Identification. The name and telephone number of the owner of the
dumpster and/or the company that is responsible for the dumpster shall
be displayed in a weatherproof manner on the dumpster.
F.
Hazardous Materials. The use of dumpsters for the disposal of hazardous
materials is prohibited. The Code Enforcement Officer or Fire Marshal
may inspect the dumpster to ensure no such materials are being stored
inside.
G.
Condition of Portable Storage Unit. A dumpster with holes, breaks,
tears, graffiti or large areas of rust, in the opinion of the Borough
Code Enforcement Officer, may not be placed on or in front of any
property.
2.
Portable On-Demand Storage Units and Shipping Containers Regulated.
A.
Location.
(1)
Portable on-demand storage units and shipping containers are
prohibited from being placed on an unpaved area (gravel shall be considered
paved) in the front yard of a property. Portable storage units and
shipping containers kept on site must be kept in the driveway or paved,
off-street surface on the property at the furthest accessible point
from the street. Where possible, the unit or container shall be placed
on a paved surface to the rear or side of the principal structure.
When placed on the driveway or paved area in the side or rear yard,
portable storage units and shipping containers shall be located at
least 10 feet from any property line, space permitting.
(2)
If there is no driveway, the portable storage unit or shipping
container must be located in front of the property on the street.
If placed in the street, portable storage units and shipping containers
must have flashing barricades stationed at either end, in such a way
that the unit does not extend farther into the street than the flashing
barricades. Reflectors shall be placed on the sides of the unit visible
from the street. In no case may the portable storage unit or shipping
container create a sight obstruction for vehicular or pedestrian traffic
nor block sidewalks. The Borough Code Enforcement Officer may require
that adequate safety mitigation measures in conjunction with the portable
storage unit or shipping container be undertaken by the applicant
where necessary.
B.
Time Limit.
(1)
A portable on-demand storage or shipping container unit may
remain on a residential property for 30 days, with up to two thirty-day
extensions pursuant to the permitting provision below, but for only
five days with no extensions if on street. In no event shall a portable
on-demand storage unit or shipping container remain on a residential
property in excess of 90 days in one twelve-month period.
(2)
A portable on-demand storage or shipping container unit may
remain on a nonresidential property, or otherwise be used for nonresidential
purposes, for 30 days, but for only five days if on street. In no
event shall a portable on-demand storage unit or shipping container
remain on a nonresidential property, or otherwise be used for nonresidential
purposes, in excess of such time periods.
C.
Use During Natural Disaster. The above restrictions notwithstanding,
when the principal structure on the property has been made uninhabitable
as a result of a natural disaster for which a local state of emergency
declaration has been issued, or a fire or other damaging event beyond
the control of the owner, one or more portable storage units or shipping
containers may be used for on-site storage. The authorization for
such use shall be dependent on issuance of a building permit for the
reconstruction/repair of the principal structure(s) on the property
and shall expire upon issuance of a certificate of occupancy for the
principal structure(s) or 12 months from the date of the event that
damaged the structure, whichever occurs first. For good cause shown
and to recognize extenuating circumstances, the Code Enforcement Officer
may extend the authorization for as much as an additional twelve-month
period or until a certificate of occupancy is issued, whichever occurs
first.
D.
Advertising. Advertising is prohibited on a portable storage unit
or shipping container, with the exception of the name and phone number
of the unit or container's supplier, which is required.
E.
Hazardous Materials. The use of portable storage units and shipping
containers for storage of hazardous materials is prohibited. The Code
Enforcement Officer or Fire Marshal may inspect portable storage units
and shipping containers to ensure no such materials are being stored
inside.
F.
Condition of Portable Storage Unit. A portable storage unit or shipping
container with holes, breaks, tears, graffiti or large areas of rust,
in the opinion of the Borough Code Enforcement Officer, may not be
placed on or in front of any property.
3.
Permit Required. A thirty-day permit shall be required for a dumpster, portable on-demand storage unit, or shipping container on property, and a fourteen-day permit (for dumpsters) and five-day permit (for portable on-demand storage units and shipping containers) shall be required for on-street placement. The permit shall be obtained from the Borough Code Enforcement Officer, and the fee shall be set by the Council by resolution. The permit shall be displayed in a weatherproof fashion on the dumpster, portable on-demand storage unit, or shipping container. Extensions for dumpsters, and for portable on-demand storage units and shipping containers on residential properties for residential purposes, are permitted pursuant to Subsections 1B(1) and 2B above.
4.
Abatement. Any dumpster, portable on-demand storage unit, or shipping
container not in compliance with this section is hereby declared to
be a public nuisance and may be abated by the Borough at the owner's
or responsible person's expense. Abatement shall, at the Borough's
option, include the removal and/or the emptying of the dumpster, portable
on-demand storage unit, and/or shipping container, as the case may
be.
5.
Violations; Penalties.
A.
Violation of any provision of this section shall be punishable by
a fine in an amount of not more than $300. Each day that a violation
continues shall constitute a separate offense.
B.
In addition, a person found guilty of a violation of this section
shall be ordered to abate the problem and pay the cost incurred by
the Borough if the Borough abated the problem.
6.
Relationship of Section to Other Borough Codes. If the provisions
of this section are found to be inconsistent with any portion of other
Codes of the Borough, the provisions of this section shall control.
[Added by Ord. 1033, 5/23/2016]
1.
All light fixtures shall contain lenses that focus light directly
beneath the light fixture and shall not permit direct glare into nearby
public or private properties.
2.
Illumination trespass standards from one property to another shall
be as follows:
A.
In no case shall spill-over illumination more than 0.5 footcandle
at ground level exist on any nonresidentially zoned or used property
when measured, line of sight, at the property line of the aggrieved
property.
B.
In no case shall spill-over illumination more than 0.1 footcandle
at ground level exist on any residentially zoned or used property
when measured, line of sight, at the property line of the aggrieved
property.
