[Amended last 4-23-2003 by Ord. No. 507]
As used in this chapter, the following words
and terms shall have the following definitions. Any word or term not
defined herein shall first have the meaning found in the Subdivision
and Land Development Ordinance[1] or in the Pennsylvania Municipalities Planning Code, 53
P.S. § 10101 et seq., or, absent therein, shall have the
meaning of common or standard usage. The present tense includes the
future; the singular number includes the plural; and the masculine
includes the feminine and neuter; the word "used" includes the words
"designed, or intended to be occupied"; and the word "person" includes
any individual, partnership, firm, association, corporation or organization;
the word "occupied" includes the words "designed, or intended to be
occupied"; and the word "shall" is always mandatory. The word "Township"
means Hatfield Township, Montgomery County, Pennsylvania.
A building or use on the same lot as the principal building
or use on a lot which is subordinate to and customarily incidental
to the principal building or use, and as further restricted in this
chapter as to type and size.
An establishment having as a significant portion of its stock
in trade, books, magazines, films for sale or viewing on the premises
by the use of motion picture devices or any other coin-operated means,
and periodicals, any or all of which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual
conduct and/or nudity; or an establishment with a segment or section
devoted to the sale or display of such material; or similar establishment
to which access is limited to persons 18 years of age or older.
A public or private establishment licensed to serve food
and/or alcoholic beverages which features nude dancers, strippers,
male or female impersonators or similar entertainers, or a similar
establishment to which access is limited to persons 18 years or older.
An enclosed building used regularly and routinely for presenting
material having as a dominant theme material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
conduct and/or nudity for observation by patrons therein, or a similar
establishment to which access is limited to persons 18 years of age
or older.
A use composed of an adult bookstore, an adult theater or
an adult cabaret.
The cultivating of the soil, and the raising and harvesting
of the products of the soil including, but not by way of limitation,
nursery, horticulture and forestry.
The vertical distance measured from the base of the antenna
support structure at a grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod or any structure
which supports a device used in transmitting or receiving of radio
frequency energy.
See "dwelling."
See "multifamily dwelling."
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or "one-percent-annual-chance flood").
[Amended 3-9-2016 by Ord.
No. 663]
The elevation shown on the Flood Insurance Rate Map (FIRM)
for Zones AE, AH, A1-30 that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year. The BFE is also shown
on the FIS profile, and can be determined for Zone A Floodplains.
[Amended 3-9-2016 by Ord.
No. 663]
A portion of any building located partly or completely below
grade.
The Board of Commissioners of Hatfield Township.
Any structure having enclosing walls and a roof, intended
for supporting or sheltering a use or occupancy and attached to the
land. "Building" includes "structure" and shall be construed as if
followed by the words "or parts thereof." Included shall be all manufactured
homes and trailers to be used for human habitation.
[Amended 3-9-2016 by Ord.
No. 663]
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot above the ground level, measured at the
greatest outside dimensions, excluding cornices, eaves, gutters or
chimneys projecting not more than 18 inches, one story uncovered porches
projecting not more than 10 feet, steps and balconies.
The ratio of the total ground floor area of all buildings
and other structures on a lot to the total developable area of the
lot on which they are located.
The line which establishes the minimum depth of front yard
for the particular district.
A building in which is conducted the principal use of the
lot on which it is situated.
A sign designed such that characters, letters, panels or
graphics can be changed or rearranged without altering the surface
of the sign.
[Added 6-27-2007 by Ord. No. 561]
The number of dwelling units per developable acre.
The lot area exclusive of floodplain, land covered by water,
wetlands, and easements including overhead utility lines.
A building designed for and occupied exclusively for residential
purpose, having one or more dwelling units.
SINGLE-FAMILY DETACHED DWELLINGA detached building, designed for and occupied exclusively as a residence for only one family, including cooking facilities.
SINGLE-FAMILY DWELLING, SEMIDETACHEDEither of two residences, each of which has a single party wall in common with the other. Each designed for and exclusively occupied by only one family.
MULTIFAMILY DWELLINGA building designed for and occupied exclusively as a residence for three or more families living independently of one another.
TOWNHOUSEA dwelling unit within a multifamily dwelling attached to one or more other dwelling units, all units having separate grade level entrances, and all units being separated from each other by vertical party walls running from grade to roof with no offsets at floor levels, constructed in accordance with the Hatfield Township Building Code[2] and other ordinances of Hatfield Township.
DWELLING UNITA room or group of rooms used as a residence for only one family, including cooking facilities, and having private ingress and egress facilities.
APARTMENTA room or group of rooms used as a residence for only one family, including cooking facilities.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 3-9-2016 by Ord.
No. 663]
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufacturing homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
[Added 3-9-2016 by Ord.
No. 663]
Any number of individuals living and cooking together as
a single nonprofit housekeeping unit; provided, that not more than
two of such number are unrelated to all of the others by blood, marriage
or legal adoption. Additionally:
Any number of individuals living together, when
all individuals are related by blood, marriage or legal adoption,
as two nonprofit housekeeping units and doing separate cooking on
the premises shall be included within the definition of family when
all of the following conditions are met:
One of the housekeeping units shall include
the property owner(s) . The other shall consist of no more than two
members, one of whom shall have attained the age of 60 years.
Both units shall be located within a detached
single-family dwelling and shall be connected internally.
The owner of the property shall execute an agreement
with the Township which shall be recorded with the County Recorder
of Deeds, which agreement shall provide for the immediate removal
of separate cooking facilities at such time as they are no longer
being utilized by the person for whom they were originally installed,
or by another qualified family member.
All provisions of the building and housing code
must be met.
One unit must not exceed a maximum of 600 square
feet in area.
The housekeeping units may not be served by
separate utilities.
Each housekeeping unit shall be inspected annually
by the Building Official and an inspection fee shall be paid in accordance
with the Hatfield Township fee schedule, as amended.[4]
As a special exception, the Zoning Hearing Board
may interpret the term “family” to include a group of
individuals, not exceeding four, not related by blood, marriage or
legal adoption, living and cooking together as a single housekeeping
unit.
A line which:
A temporary inundation of normally dry land areas.
[Added 3-9-2016 by Ord.
No. 663]
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
[Added 3-9-2016 by Ord.
No. 663]
The official report provided by the Federal Insurance Administration
that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the
base flood.
[Added 3-9-2016 by Ord.
No. 663]
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
[Added 3-9-2016 by Ord.
No. 663]
Any 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.
[Added 3-9-2016 by Ord.
No. 663]
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Added 3-9-2016 by Ord.
No. 663]
Subject to any applicable regulation herein and:
PRIVATE GARAGEAny accessory building or part of a principal building used for the storage of a total of not more than three motor vehicles owned and used by the owner or tenant of the premises, only one of which may be a commercial vehicle or truck.
PUBLIC GARAGEA building, other than a private or storage garage, one or more stories in height, used for the commercial storage, sale, service or repair of motor vehicles.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicle fuel or accessories, and which may or may not include facilities
for lubricating, washing, car wash, automatic car wash or otherwise
servicing motor vehicles, but which shall not include painting or
body and fender repairs, the sale of vehicles, or convenience items.
A building's vertical measurement from the mean level of
the ground surrounding the building or the main floor level if it
is below the aforementioned mean to the highest point of the roof;
provided, that chimneys, spires, towers, elevator penthouses, tanks,
and similar projections not exceeding 10 feet shall not be included
in calculating the height.
A facility to provide for the landing and takeoff of a helicopter
in conformance with the guidelines and regulations and approved by
the Pennsylvania Bureau of Aviation as last amended.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 3-9-2016 by Ord.
No. 663]
As an accessory use permitted in a single-family detached dwelling only, occupation for gain or support conducted only by members of a family residing on the premises and conducted entirely within the dwelling; provided, that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises. The conducting of a clinic, hospital, barbershop, beauty parlor, tea room, tourist home, animal hospital, kennel or any similar use shall not be deemed to be a home occupation. Home occupations shall be governed by the standards set forth in § 282-210 of this chapter.
A building or a group of two or more detached or semidetached
buildings for the purpose of furnishing for compensation more or less
temporary lodging to the public, with or without meals, and having
lodging accommodations for 10 or more persons.
A dwelling in which sleeping accommodations are provided
for rent to less than 10 persons, whether or not the serving of meals
is included.[5]
Those surfaces which are covered in any way so as not to
allow the ground beneath to absorb water at a natural rate, including,
but not limited to, buildings, walks, roofs, swimming pools, man-made
ponds, and paved or stoned areas.
[Added 8-22-2012 by Ord. No. 637]
An establishment in which more than four dogs, cats or other
domestic pets that are more than six moths old are housed groomed,
bred, boarded, trained or sold. An animal shelter is a type of kennel.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale, and not including
nuclear activities.
Exterior illumination required and designed for the protection
of persons or property. Security lighting shall not be considered
task lighting for the purposes of this chapter.
Exterior illumination of a general area required and designed
for the purpose of facilitating vehicular or pedestrian circulation
and identification. Illumination of signs, banners, goods, wares or
other items for the purpose of display or advertising shall not be
considered site lighting.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials appropriate to the use.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total horizontal area of the lot lying within the lot
lines; provided, that no area of land lying within any street line
shall be deemed a portion of any lot area. The area of any lot abutting
a street shall be measured to the street line only.
In calculating the minimum lot area required in all zoning
districts, the area located within an access strip to a rear lot shall
not be included.
A lot of particular shape such that it possesses less frontage
along a public street than otherwise required by chapter, and where
access to the widest portion of said lot is by way of any access strip
which forms a portion of the lot and abuts a public street.
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street,
the lot line for such portion of the lot as abuts such street shall
be deemed to be the same as the street line, and shall not be the
center line of the street, or any other line within the street lines
even though such may be a deeded property boundary line.
The frontage dimension of a lot, measured at the building
line.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter
or of the National Flood Insurance Program regulations.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Amended 3-9-2016 by Ord.
No. 663]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Added 3-9-2016 by Ord.
No. 663]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, 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 without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon 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 detached dwelling intended for permanent
occupancy made by assembling one or more factory-produced structural
elements into an integral living unit whose construction materials
and specifications conform to those of conventionally built units.
See "hotel."
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
[6]Any use by the Township for the public health, safety and
welfare which shall include, but not be limited to, administration,
police, fire, public works and recreation.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
[Added 3-9-2016 by Ord.
No. 663]
A structure for which the start of construction commenced
on or after November 15, 1979, and includes any subsequent improvements
to such structure.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of a female breast with less than a fully opaque covering of any portion
thereof below the top of the nipple, or the depiction of covered male
genitals in a discernibly turgid state.
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any one year. For the purposes of
this chapter, the one-hundred-year flood (base flood) as defined by
the Federal Insurance Administration, Federal Emergency Management
Agency, in the Flood Insurance Study, Hatfield Township, or in such
instances where the definition is approximated or indicated by other
less technical methods and is required by Hatfield Township to be
determined by acceptable hydrologic and hydraulic engineering techniques.
Any equipment, apparatus or device that is designed, installed
or operated outside of a structure and used to burn solid fuel to
produce heat for hot water or space heating of a principal or accessory
structure. Such appliances are also commonly known as "hydronic heaters,"
"outdoor burners" or "outdoor boilers."
[Added 5-12-2010 by Ord. No. 601]
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
An individual, firm, trust, partnership, public or private
association or corporation.
A structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the community's initial
FIRM dated November 15, 1979, whichever is later, and, as such would
be required to be compliant with the regulations of the NFIP.
[Added 3-9-2016 by Ord.
No. 663]
A structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the community's
initial FIRM dated November 15, 1979, and, as such would not be required
to be compliant with the regulations of the NFIP.
[Added 3-9-2016 by Ord.
No. 663]
Includes:
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the 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 radio or television pole, mast, tower or other structure
is an accessory structure and use to a residential lot when erected
and operated by an amateur radio operator duly licensed by the Federal
Communications Commission, and is subject to the applicable height
restriction in that district.
A vehicle which is:
[Added 3-9-2016 by Ord.
No. 663]
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The elevation to which development is regulated for purposes
of elevation and/or dry floodproofing. It is equal to the base flood
elevation (BFE) plus a freeboard of 1 1/2 feet.
[Added 3-9-2016 by Ord.
No. 663]
Acts of masturbation, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such a person be a female, breast.
A group of five or more commercial establishments sharing
common parking and access, and providing at least 100,000 square feet
of total floor area in one or more buildings.
[Added 12-14-2005 by Ord. No. 548]
Any permanent or temporary structure, or part thereof, or
any device attached, painted, or represented, directly, or indirectly,
on a structure or other surface that shall display or include any
letter, word, insignia, flag, or other representation used as, or
which is in the nature of, an advertisement, announcement, visual
communication, or direction, or which is designed to attract the eye
or bring the subject to the attention of the public.
Includes all lettering, wording, and accompanying
designs and symbols, together with the background, whether open or
enclosed, on which they are displayed, but not including any supporting
framework and bracing which are incidental to the display itself.
Where the sign consists of individual letters
or symbols, attached to a building, wall or window, the area shall
be considered to be that of the smallest rectangle or other regular
geometric shape which encompasses all of the letters and symbols.
In computing the area of a double-faced sign,
only one side shall be considered; provided, that both faces are identical.
If the interior angle formed by two faces of a double-faced sign is
greater than 45°, then both sides of the sign shall be considered
in calculating the sign area.
On-premises, incidental signs designed to guide or direct
pedestrians or vehicular traffic.
A sign in which a source of light is used in order to make
the message readable. This definition shall include internally and
externally lighted signs.
DIRECT SIGN ILLUMINATIONA sign designed to give forth artificial light directly, or through transparent or translucent material, from a source of light within such sign including, but not limited to, neon and exposed lamp signs.
FESTOON LIGHTINGA directly illuminated sign comprised of either:
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
INDIRECT SIGN ILLUMINATIONA sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a directly illuminated sign.
A sign offering a non-site-specified message and/or advertising
a business, product, service or entertainment not available on the
property upon which the sign is located; including (without limitation)
advertising signs.
[Added 11-24-2003 by Ord. No. 513]
ADVERTISING SIGNAn off-premises sign which advertises or otherwise directs attention to a commodity, business, industry, home occupation, or other similar activity which is sold, offered, or conducted elsewhere than on the lot upon which the sign is located.
ANIMATED SIGNA sign with action or motion, flashing, color changes requiring electrical energy, electronic or manufactured sources of supply, but not including wind-actuated elements such as flags, banners or specialty items.
BUSINESS SIGNSAn on-premises sign which advertises, or otherwise directs attention to, a business, commodity, service, industry or other activity which is sold, offered or conducted, other than incidentally, on the premises upon which the sign is located, or to which it is affixed.
FREESTANDING SIGNA self-supporting sign resting on or supported by means of poles or standards, either on the ground or on the roof of a building. The height of a freestanding sign on the ground shall be measured from the curb level.
PARALLEL SIGNA sign mounted parallel to a wall or other vertical building surface. A parallel sign shall not extend beyond the edge of any wall or other surface to which it is mounted or shall not project more than eight inches from its surface.
PROJECTING SIGNAny sign mounted to a wall or other vertical building surface other than a parallel sign. Projecting signs shall not project more than four feet from the wall or surface to which they are mounted, or in any way interfere with normal pedestrian or vehicular traffic.
TEMPORARY SIGNA sign which is intended to advertise community or civic projects, construction projects, real estate for sale or lease, or other special events on a temporary basis.
The ownership of a lot by one or more persons, partnerships,
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99, or, AH.
[Added 3-9-2016 by Ord.
No. 663]
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether of public or private
ownership.
The dividing line between a lot and the ultimate right-of-way
of a public street, legally opened or officially plotted; or, between
a lot and a privately owned street, over which the owners or tenants
of two or more lots, each held in single and separate ownership, have
the right-of-way.
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams, or girders, or any change which would convert an existing building
into a different structure, or adapt it to a different use, or which,
in the case of a nonconforming use, would prolong the life of such
use.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Constituting less than 20%, by any measure.
A building used for the purpose of furnishing to the public
alcoholic beverages, either with or without meals, and having no provisions
for lodging guests.
The form of occupancy of a unit; i.e., fee simple sale, rental,
condominium, etc.
The future or planned width of a street as shown on the official
ultimate right-of-way map on file at the office of the Township Secretary.
The primary and predominant purpose, activity or function
to which a lot is put. There shall be only one principal use allowed
on each lot in the Township; any and/or all other uses shall be accessory
uses as permitted by this chapter.
A tract or parcel of land that contains the communication
antenna, its support structure, accessory building(s) and parking,
and may include other uses associated with and ancillary to wireless
communication transmission.
An open, unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky, except for public utility lines.
FRONT YARDA yard extending the full width of the lot along the front lot line and extending in depth from the street line to the nearest point of any structure on the lot.
REAR YARDA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.
SIDE YARDA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.
The Zoning Hearing Board of Hatfield Township.
