[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002,
§ XI; and as amended by Ord. No. 495, 12/15/2010, § 1]
1.
The Borough intends these regulations:
A.
To strengthen the Borough's core as a center of commercial activity.
B.
To provide for a mix of retail, service, office, institutional, commercial
and residential uses that will be compatible with historic buildings
and nearby homes.
C.
To encourage the reuse of older buildings, as opposed to the conversion
of the Core Commercial area into an auto-dependent, pedestrian-unfriendly
commercial strip.
D.
To prohibit more intense commercial uses (such as auto repair, gasoline
sales and auto sales) that are most likely to cause demolition of
historic buildings and to create conflicts with other uses.
E.
To promote a pedestrian-friendly environment.
F.
To discourage blight, and overcrowding.
G.
To foster a sense of place and community.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002,
§ XI; and as amended by Ord. No. 495, 12/15/2010, § 1]
1.
The following shall be permitted by right uses in the CC District, provided they do not include activity that is specifically prohibited by § 27-2106:
A
Multifamily dwellings, in combination with allowed commercial uses,
provided such residential uses shall only be allowed in the CC District
if located above an allowed principal commercial use that shall occupy
the entire floor that is closest to the street level floor at the
front of the lot. These dwellings may be leased, or be owned in a
condominium form of ownership provided there is compliance with applicable
state law.
(2)
If the multifamily dwellings will be within building space constructed
after the enactment of this CC District zoning regulation, then a
minimum lot area of 2,000 square feet shall be required for each new
dwelling unit. This minimum lot area shall be reduced to 1,200 square
feet per dwelling unit for senior housing units. Senior housing units
shall be permanently restricted by deed and by lease to occupancy
by persons age 55 and older and their spouses, in accordance with
federal law.
(a)
No specific minimum lot area per dwelling unit shall be required
for dwelling units within building space that existed prior to the
enactment of the CC District.
B
Offices.
C
Public parks and playgrounds.
D
Trade or hobby school.
E
Community center building, library or municipal building.
F
Business services, such as photocopy or custom print shop.
G
Membership club which shall be limited to meeting facilities and
associated recreational facilities.
H
Governmental offices and municipal uses, but not including a correctional
facility nor a facility housing persons classified as juvenile delinquents.
J
Fire, police or ambulance station.
K
Retail store, which may include sales or rental, but not including
drive-through facilities or adult uses.
L
Barbershop, beauty shop, tailor, nail service, dry cleaning pickup
and delivery (not involving on-site use of hazardous substances),
ear-piercing, massage therapy by a massage therapist certified by
a recognized professional organization, or similar personal service
uses, other than specifically prohibited uses.
M
Taverns and restaurants (without drive-through facilities), which may include outdoor cafes as long as the outdoor cafe use is not located on a public sidewalk without conditional use approval under § 27-2109 and so long as the outdoor cafe meets each of the following requirements:
[Amended by Ord. No. 545, 3/16/2022]
(1)
Low-level recorded music will be permitted if the sound cannot be heard beyond the property line unless conditional use approval for live entertainment is obtained under § 27-2109.
(2)
Outdoor dining must be associated with and connected to a restaurant
that prepares and serves food.
(3)
Outdoor dining shall be permitted year round. Outdoor heating
must be approved by the Borough Fire Marshal.
(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 without conditional use approval under § 27-2109. 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)
Trash cans 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.
N
Exercise clubs or dance studios.
O
State-licensed nursing home or personal care/assisted living facilities.
P
Financial institutions (such as banks), provided that any drive-through
facilities shall be allowed only by conditional use and only if the
applicant proves that the facilities are designed in a manner that
will not conflict with pedestrian traffic along the sidewalks of Main
Street, Broad Street and Lincoln Avenue.
Q
Funeral home, not including a crematorium.
S
Repair of household appliances and similar items.
T
Movie theater or live entertainment theater, not including an adult live entertainment use. See "Adult Uses," § 27-1806, Subsection 1.A.
U
Places of worship (such as churches), which may include accessory
child day care, Sunday school rooms and one dwelling unit for a religious
leader and his/her family.
V
Microbrewery and associated tavern.
W
Art gallery, museum or custom crafts studio.
X
Indoor or outdoor farmer's markets of agricultural products.
Y
Liquor store or winery.
Z
Dwelling conversions are permitted. However, the existing first-floor
principal commercial use in the CC District shall not be converted
into a residential dwelling use. One existing dwelling unit in the
CC District shall not be converted into two or more dwelling units.
AA
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. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002,
§ XI; and as amended by Ord. No. 495, 12/15/2010, § 1]
2.
Private garages and parking areas.
4.
Communications antenna extending a maximum of 25 feet from an existing
nonresidential building or structure, but not including a freestanding
telecommunications tower.
5.
Storage as accessory to an allowed principal use.
6.
As an accessory to a permitted use in the Core Commercial District,
special outdoor events utilizing public rights of way by permit of
Borough Council; Council may attach such reasonable conditions to
the permit as needed for the public health, safety and welfare as
a result of the event.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002,
§ XI; and as amended by Ord. No. 495, 12/15/2010, § 1]
Drive-through facilities for banks in accordance with § 27-2102, Subsection 1.P, and outdoor cafes that utilize any portion of a public sidewalk may be permitted as a conditional use as long as the outdoor cafes meet the requirements under § 27-2102, Subsection 1.M, and can be accomplished without impeding pedestrian traffic or negatively affecting public safety, and subject to such other reasonable conditions as may be imposed by Borough Council, after a hearing.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002,
§ XI; and as amended by Ord. No. 495, 12/15/2010, § 1]
Parking structures of two or more levels may be permitted by special exception. The structure shall meet applicable building dimensional requirements. The ground floor of the structure on the street of maximum frontage shall be an allowed commercial or services type use such as retail, personal services, office, permitted under § 27-2102, as well as the entrance to the parking structure. An architectural sketch and a description of the exterior building materials shall be submitted to the Zoning Hearing Board with the special exception application.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002,
§ XI; and as amended by Ord. No. 495, 12/15/2010, § 1]
1.
If a use is not listed as allowed in the zoning district, that use
shall be considered to be prohibited, unless specifically stated otherwise.
In any case, the following uses shall be specifically prohibited in
the CC District:
A.
Motor vehicle sales, sales of gasoline, repair of motor vehicles,
car wash, sale of manufactured/mobile homes for off site placement.
B.
Adult bookstore, adult movie theater, massage parlor or adult live
entertainment use.
C.
Restaurant with drive-through facilities.
D.
Uses open to the public, customers, members or patrons between the
hours of 2:00 a.m. and 5:00 a.m.
E.
Warehousing, distribution or truck terminal uses as the principal
use of the lot.
F.
Wholesale sales uses that are not open to the public.
G.
Crematorium.
H.
Outdoor storage or display or parking of trucks or construction equipment
as the principal use of the lot.
I.
Self-storage units.
J.
Mobile/manufactured home parks.
K.
Treatment center.
L.
Prison or correctional facility.
M.
Junkyard.
N.
Tattoo or body piercing establishment (other than ear-piercing).
O.
Pawn shop.
P.
Boardinghouse or rooming house.
Q.
Outdoor flea markets, which shall not prohibit accessory sidewalk
sales by permanent businesses and which shall not prohibit farmers
markets.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002,
§ XI; and as amended by Ord. No. 495, 12/15/2010, § 1]
A lot in the CC District may include multiple allowed uses,
provided that the requirements for each use are met.
[Ord. No. 353, 6/19/1991; as added by Ord. No. 430, 7/17/2002,
§ XI; and as amended by Ord. No. 495, 12/15/2010, § 1]
1.
The following requirements shall apply:
A.
Minimum lot area: 5,000 square feet.
B.
Minimum lot width: 30 feet.
C.
Maximum building coverage of lot: 75%.
D.
Maximum impervious coverage of lot: 90%.
E.
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 Marshall 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 or Broad Streets, utilizing
features as shown in the Central Business District Design Guidelines.
F.
Minimum side yard setback. An aggregate of 12 feet, but no less than
two feet per side, except three feet along an abutting lot that is
primarily occupied by a business use. No side yard is required for
a building that existed prior to the adoption of this chapter without
a conforming side yard.
G.
Minimum rear yard setback: 15 feet.
H.
Front yard depth, calculated in accordance with § 27-805: five feet minimum, 10 feet maximum and no new off-street parking spaces on the lot shall be placed between the principal building and the street.
I.
Parking setback. If an off-street parking area of four or more new
parking spaces is proposed adjacent to Main or Broad Streets or Lincoln
Avenue, it shall be separated from the street cartway, right-of-way
or existing sidewalk (whichever places the parking further away from
the street) by a planting area with a minimum width of five feet.
There shall be a minimum of one tree per 30 linear feet of frontage.
Such planting area shall include a mix of low level plantings and
deciduous shade trees, with sufficient clearance vertical between
them to allow views into the parking area for security purposes.
J.
Outdoor storage and fencing. No commercial items shall be stored
outdoors between the hours of 9:00 p.m. and 6:00 a.m. within 25 feet
from the rights-of-way of Main or Broad Streets or Lincoln Avenue,
except as part of approved outdoor dining facilities. No chain link
fencing shall be allowed within 25 feet from the rights-of-way of
Main or Broad Streets or Lincoln Avenue. No fencing located within
15 feet from the rights-of-way of Main or Broad Streets or Lincoln
Avenue shall have a height greater than four feet.
K.
Any principal commercial building shall have a primary pedestrian
entrance and windows along Main, Broad, Lincoln or Market Streets
if the building is adjacent to such streets. If desired for security
purposes, the windows may be display windows or have curtains in front
of an interior wall, without the windows opening directly to the inside
of the building.
L.
If a new principal building is constructed adjacent to Broad Street,
Market Street or Lincoln Avenue, it shall have two or more above ground
stories. If this height is not feasible, then the building shall be
constructed with an appearance of having two or more above ground
stories, utilizing features as shown in the Central Business Design
Guidelines.
M.
If a new principal building is constructed that has sides visible
on [to] Broad, Main or Market Streets and/or Lincoln Avenue, then
all such sides shall have an exterior finish that resembles a front
facade finish. For example, the building facade visible from each
such street shall utilize features shown in the Central Business Design
Guidelines.
2.
Pedestrian and/or bicycle connections between public streets, sidewalks,
businesses and the Liberty Bell Trail are required where feasible
as determined by Borough Council.
3.
Off-Street Parking in the Core Commercial District.
A.
Optional Fee-in-Lieu of Parking.
(1)
As a conditional use, provided other sufficient parking facilities
are available, the Borough Council may permit the reduction of required
on-site off street parking requirements in the CC District if the
land development applicant commits to pay a fee-in-lieu of providing
a certain number of required off-street parking spaces. This provision
shall only be available if the applicant proves they cannot meet the
parking requirements on their lot.
(2)
For each required off-street parking space that is waived, a
fee shall be required of $5,000, or such amount as modified by later
resolution of Borough Council.
(3)
All such fees shall be paid to the Borough or an Authority authorized
by the Borough to receive such fees. All such fees shall be accounted
for separately. All such fees shall only be used for the creation
of additional on-street or off street public parking and for streetscape
improvements to serve the surrounding area. Such fees may also be
used for the payment of debt for improvements to increase the amount
of public parking or for the acquisition of land for public parking.
Such fees may also be used to lease privately owned parking for public
use.
(4)
The fee shall be a one-time payment for each use on a property
in lieu of providing parking for that use. The reduction of the required
number of parking spaces shall continue with the land over time, regardless
of ownership of the property, provided the use does not change.
(5)
An application for a fee in lieu of parking shall be reviewed
by the Borough Planning Commission prior to an approval by the Borough
Council.
4.
Hatfield Borough Central Business District Design Guidelines shall
be used in the Central Business District. The Central Business District
is generally defined as the areas fronting 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.
5.
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."
[Ord. No. 474, 10/21/2009, § 2; as amended by Ord.
No. 495, 12/15/2010; and by Ord. No. 545, 3/16/2022]
1.
Outdoor dining at restaurants and cafes with outdoor table service
is permitted only by conditional use and only in the Core Commercial
District if the use includes an outdoor bar live entertainment or
live music or encroaches on a public right of way or sidewalk.
2.
In considering an application for conditional use, the Borough Council
shall consider and generally implement the following guidelines:
A.
The level of noise associated with the outdoor dining shall not disturb
the right of quiet enjoyment of the neighboring properties, therefore,
sound amplified by speakers or other electric means will not be permitted
after 11:00 p.m. Low-level music from stereo will be permitted if
it does not disturb neighboring properties.
B.
Outdoor dining or an outdoor bar must be associated with and adjoining/connected
to a restaurant that already prepares and serves food.
C.
Outdoor dining shall be permitted year round providing the outdoor
temperature is 55° F. or above.
D.
Outdoor dining with an outdoor bar or live entertainment or live
music shall be limited to the regularly posted hours of operation
not to exceed l 1 :00 p.m. Under no circumstances may the sound at
the nearest residential property exceed 70 decibels.
E.
Outdoor furnishings shall be limited to tables, chairs and umbrellas.
The furnishings shall be weather-resistant and stored inside at the
end of the day, during bad weather and when not in use for seasonal
closures.
F.
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 seating.
G.
Refuse facilities shall be provided in the outdoor dining area and
trash shall be continually cleaned by restaurant staff.
H.
Advertising and promotional features shall be limited to umbrellas
and canopies except for signage permitted by the Borough Code.
I.
Outdoor dining shall not impede pedestrian safety and flow.
J.
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 be permitted to shine
off the property into or onto neighboring properties.
K.
Open flames or external heating devices are permitted if approved
by the Fire Marshal.
L.
The applicant shall comply with all other existing Borough zoning
ordinances as applicable.
