The development and execution of this chapter is based upon the division of the city into districts, within which districts the regulations of this chapter apply uniformly to a great majority of the permitted uses. It is recognized, however, that there are certain uses which, because of their special characteristics, justify different and more flexible considerations in adjusting them to their environment with a maximum of mutual protection than the more or less rigid considerations that are reflected in the uniform district regulations. These uses, herein designated as "conditional uses," and individually identified in § 265-122, may be grouped in the following three categories, each of which qualifies for the special considerations, including exercise of planning judgment on location and site plan:
A.
Uses publicly operated or traditionally affected with
a public interest.
B.
Uses entirely private in character, but of such an
unusual nature that their operation may give rise to unique problems
with respect to their impact upon neighboring property or public facilities.
C.
Developments, either public or private, consisting
of a multiplicity of units or uses, controlled and planned as a single
entity.
[Amended 11-9-2020 by Ord. No. 2113]
Conditional uses, as named in § 265-122, may be authorized in the districts therein designated, by the City Council, after recommendations by the Planning Commission and a hearing by City Council, pursuant to express standards and criteria set forth herein.
A.
Approval of site plan and location.
B.
The conditions herein prescribed, without variance.
C.
All other applicable provisions of this chapter unless
otherwise prescribed or excepted.
D.
Such minor departures from the literal application
of the regulations and standards as will, in special situations, not
be contrary to the general intent and objectives of such regulations
and standards, but will, in fact, further such intent and objectives
by providing some measure of flexibility for adaptation to a particular
site.
The following findings shall be used as guidelines
by the Commission and the Council in acting upon conditional use applications:
A.
That the establishment, maintenance or operation of
the conditional use will not be detrimental to or endanger the public
health, safety, morals, comfort or general welfare.
B.
That the conditional use will not be injurious to
the use and enjoyment of other properties in the immediate vicinity
for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
C.
That the establishment of the conditional use will
not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
D.
That adequate utilities, access roads, drainage and/or
necessary facilities have been or are being provided.
E.
That adequate measures have been or will be taken
to provide ingress and egress so designed as to minimize traffic congestion
in the public streets.
A.
Prior to the authorization of any conditional use, the Commission may recommend, and the Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance, management and operation of the conditional use as are deemed necessary for the protection of the public interest and to secure compliance with the requirements and standards of §§ 265-119 and 265-120 above and the specific conditions herein prescribed for each use.
B.
Adequate legal provisions shall be made for the assurance
of continual maintenance and management of privately owned improvements,
utilities and facilities serving the conditional use. Such assurance
may be in the form of protective or restrictive covenants, corporate
membership agreements, cooperative membership agreements or such other
form as may be deemed adequate.
C.
In all cases in which conditional uses are authorized,
the Council shall require such evidence and guaranties as it may deem
necessary as proof that the conditions stipulated in connection therewith
are being and will be complied with.
[Amended 3-14-1994 by Ord. No. 1616]
The following-named conditional uses and unit group buildings thereof may be authorized in the districts indicated in accord with the general requirements, conditions and standards of §§ 265-119 and 265-120 above and the specific conditions listed for each use. The definitions of these uses shall be determined by the Council and may be applied on a case-by-case basis as necessary, depending on neighborhood considerations, current and relevant meanings of terms, etc. In addition, expansion of a previously conditional use or a change in the original conditional use must have the approval of the Council.
A.
Educational or philanthropic institutions in R Districts
and religious institutions in R and C Districts, provided that:
(1)
The height requirements of the district wherein
the use is located may be exceeded if every portion of any building
above the height limit is at least as many feet distant from lot lines
as that portion of the building is in height.
(2)
The minimum distance between main buildings
in unit group on the zoning lot shall be as follows:
(a)
Front-to-front or front-to-rear or rear-to-rear:
two times the height of the buildings or, if they are of different
heights, two times the height of the taller building, but not less
than 70 feet.
(b)
End-to-end: one-half ( 1/2) the height
of the buildings or, if they are of different heights, equal to one-half
( 1/2) the height of the taller building, but not less than 20
feet.
(c)
Front-to-end or rear-to-end: equal to the height
of the buildings or, if they are of different heights, equal to the
height of the taller building, but not less than 50 feet.
(3)
If housing in connection therewith is provided,
including dormitory facilities for students and teachers, there shall
be provided a lot area of not less than 8,000 square feet, plus 300
square feet for each sleeping room in excess of four.
(5)
When in C Districts, the buildable area of the
lot shall not be located within 40 feet of property in an R District.
B.
Garbage or refuse disposal plant in the M District,
provided that the proposed location shall be such as to offer a reasonable
protection to the neighborhood against possible detrimental effects
of such use, taking into consideration the physical relationship to
surrounding properties and access to the site, including any nearby
residential streets that must be traversed in bringing the material
to the site.
C.
Government use or structure (federal, state or local)
or uses or structures not owned or operated by the government, but
performing a needed governmental function not-for-profit, in R, C
and M Districts, provided that:
D.
Hospital, sanitarium or nursing home in the R2 District,
provided that:
(2)
There shall be provided a lot area of not less
than 8,000 square feet, plus 300 square feet for each inpatient facility.
E.
Public utility corporation buildings, structures,
facilities and installations in any district, provided that:
(1)
The height requirements of the district wherein
the use is located may be exceeded when the necessity has been demonstrated,
if every portion of the structure or installation above the height
limit is at least as many feet distant from bordering or opposite
properties as that portion of the structure or installation is in
height.
(2)
When in an R District, the use shall not involve
company offices or storage areas or structures requiring major trucking
or traffic movements, and it shall be demonstrated that the use cannot
reasonably serve the district from a location in a C or M District.
F.
Planned unit group development in R, C or M Districts,
subject to the following:
(1)
Uses. Uses shall be limited to those permitted
in the particular district wherein the development is located, except:
(a)
In any R District in a development of five acres
or more, dwellings of any type shall be permitted.
(b)
In a multiple-family dwelling with dwelling
units in excess of 200, there may be such service facilities as cocktail
lounge, restaurant, barber or beauty shop, valet or shop for the retail
sale of confections, tobacco, periodicals, stationery and similar
incidentals, provided that:
[1]
The service use shall be conducted primarily
for occupants of such dwelling.
[2]
There shall be no entrance to such service facility
except from inside the building.
[3]
No sign advertising such facility and no display
of wares therein shall be visible from outside the building.
[4]
The aggregate floor area of such service facilities
shall not exceed 10% of the total floor area of the structure.
(c)
In an R District which adjoins a C District, in addition to service facilities permitted under Subsection F(1)(b) above, commercial uses permitted in such C District may be located in the ground floor of a dwelling structure, provided that the design of the structure shall be such as to orient residential use away from commercial use and vice versa, particularly in the aspects of vehicular and service access.
(d)
An assured development of 10 acres or more may contain any of the neighborhood commercial service facilities as set forth under § 265-21, provided that:
[1]
The aggregate floor area of such uses, at any
stage of development, shall not exceed 2% of the total floor area
of dwellings in the development.
[2]
It shall be determined that such uses will be
primarily for the residents of the development and are needed to provide
more convenient commercial services for such residents.
[3]
The facilities shall be so located as to minimize
interference with residential or recreational areas within the development
and to avoid creation of traffic congestion or other objectionable
influences affecting dwellings, both within and outside the development.
(e)
In C Districts, there may be ancillary light
industrial uses, and in M Districts, there may be ancillary commercial
uses, that have a reasonable relationship and are deemed necessary
for service to the primary uses otherwise permitted in the development,
provided that the aggregate floor area of such ancillary uses, at
any stage of development, comprises not more than 15% of the assured
total floor area in such development.
(f)
Nonprofit swimming pools, tennis courts and
other outdoor recreational facilities may be authorized as accessory
uses for residential developments, even though not located on the
same zoning lots as the principal uses to which they are related,
provided that:
[1]
Any such use shall be located in a common open space area, meeting all the requirements set forth in Subsection F(3)(f) below.
[2]
The use of such facilities shall be restricted
to the residents of the residential development or portion thereof
served by such common open space and their guests.
[3]
The nearest such facility shall be located not
less than 100 feet from any lot line on the periphery of the development,
except that it may be located as close as 50 feet to a street line
which borders the development, if suitably screened from the street.
(2)
Density, land coverage and floor area ratio.
The total permitted dwelling unit density, maximum land coverage and
floor area ratio shall be the same as otherwise permitted in the particular
district, computed on the basis of net site area, except:
(a)
In R Districts, the required lot area per dwelling
unit may be reduced by not more than 5% if it is found that, throughout
the development, the site plan provides a better arrangement of buildings
in relation to one another and to their sites, from the standpoint
of privacy, light access, organization of private open space and preservation
of important natural features, than would be possible or practical
for a development comprised of similar types of dwellings otherwise
built in strict compliance with the applicable district regulations.
(b)
In R2 Districts, in a development qualifying for lot area per dwelling unit reduction under Subsection F(2)(a) above, the required lot area per dwelling may be reduced by not more than 10%, provided that at least one acre or 50% of the total open space, whichever is greater, is provided in common open space as described in Subsection F(3)(f) below. Such reduction shall be instead of, rather than in addition to, that of Subsection F(2)(a) above.
(3)
Bulk and open space. Structures may be located
and bulk and open space distributed in accordance with the following:
(a)
The height limits of the particular district
may be exceeded if every portion of a structure above the height limit
is at least as many feet distant from the boundary lines of the development
as that portion of the structure is in height.
(b)
Yards abutting streets need be provided only
in the following instances:
[1]
When a street outside the development continues
into the development, yards abutting the street shall be provided
for a distance of 100 feet into the development, equivalent to those
required abutting the same side of the street immediately outside
the development; and
[2]
When a street is a boundary of the development,
yards abutting the side of the street within the development shall
be provided, equivalent to those abutting the directly opposite portion
of the street frontage outside the development.
(c)
Structures shall be set back from boundary lines
of the development (when the boundary lines are not street lines)
a distance equivalent to the minimum required for comparable structures
immediately adjacent outside the development.
(d)
Buildings shall be limited to 200 feet in length
so as to provide for reasonable access to the rear for purposes of
garbage and trash collection, access to open space, parking areas,
loading space and safety, unless it can be demonstrated that a reasonable
alternative can satisfy the same objective.
(e)
The minimum distance between any portion of a main building containing dwelling units and other buildings shall be the same as specified in Subsection A(2) above.
(f)
Common open space shall comprise at least 25%
of the net site area allocated to lot area per dwelling unit. Such
open space shall be land within the total development site used for
recreational or park purpose or for enjoyment of all occupants of
the development, but shall not include driveways, utility easements
where the ground surface cannot be used appropriately for common open
space, private yards and patios, parking area, nor other areas designed
primarily for other operational functions.
(4)
Circulation. The circulation system shall separate
vehicular and pedestrian traffic. Access and circulation for vehicles,
including those for fire fighting, furniture moving, deliveries, garbage
and rubbish collection and other services for emergency purposes,
shall be adequate and planned for efficient operation. Parking, vehicular
loading and service areas shall be located conveniently to the structures
or activities they serve and appropriately screened to maintain the
character of the development. Collection stations shall be provided
for garbage and trash removal.
(5)
Utility lines. All new utility lines necessary
to serve the development shall be installed underground. This requirement
may be waived where it would cause undue hardship or constitute an
unreasonable requirement. Underground installations of incidental
appurtenances, such as transformer boxes, pedestal-mounted terminal
boxes and meter cabinets, shall be required when in R and C Districts,
where practicable.
G.
Nursing homes and halfway houses.
[Added 5-12-1986 by Ord. No. 1290]
(1)
Findings. The concept of nursing homes and halfway
houses bear many similarities to personal care boarding homes. The
recent trend in corrections and health care is towards deinstitutionalization,
i.e., the provision of shelter and treatment in the residential community.
Hospital stays have become generally shorter in duration and many
forms of treatment which were once available only at a hospital are
now being performed in smaller, private facilities.
(2)
Regulations of group care facilities. Group
care facilities are to be treated as a conditional use with the following
specific requirements:
(a)
Group care facilities may be established in
R2, C1, C2 and some S Zoning Districts. Group care facilities may
also be established in R3 Districts so as not to impact or adversely
affect the existing neighborhood/area, such impact to be determined
by the Planning Commission and the City Council.
[Amended 5-9-1988 by Ord. No. 1365]
(b)
Group care facilities shall not be located within
4,000 feet of any existing group care facility unless it is determined
by the Planning Commission and the City Council that there is a natural
buffer, such as a highway, mountainside, etc., that hinders any impact
or negative effect on any particular neighborhood.
[Amended 5-9-1988 by Ord. No. 1365]
(c)
Group care facilities shall have a minimum lot
size of 10,000 square feet.
(d)
A buffer area shall be provided along all adjacent
property lines.
(e)
Parking shall be required as follows: one off-street
space for every two employees, plus one space for every three residents.
(f)
Conversion of existing structures must meet
the development standards required for new construction.
(g)
Group care facilities must supply to the city
and keep current the names of a manager and/or other such person responsible
for responding to an inquiry of the city.
(3)
Regulation of halfway houses. Halfway houses
are also to be treated as a conditional use with the following specific
requirements:
(a)
Halfway houses may be established in R2, C1,
C2 and S Zoning Districts.
(b)
Halfway houses shall not be located within 10,000
feet of any existing halfway house.
(c)
Halfway houses shall have a minimum lot size
of 30,000 square feet and a minimum lot area of 1,500 square feet
per resident.
(d)
Halfway houses must supply to the city and keep
current the name of a manager and/or other such person responsible
for responding to an inquiry of the city.
(e)
Halfway houses must be licensed by the appropriate
state, federal and county agencies when required, but in all cases
supervised on a twenty-four-hour basis.
H.
Bed-and-breakfast facility in R1, R2 and S Zones,
provided that its operation is compatible with the integrity of the
surrounding area, and provided that:
[Added 10-12-1987 by Ord. No. 1348]
(1)
The facility shall be the primary residence
of the owner-operator.
(2)
The maximum length of stay for any guest shall
be 14 days per calendar year.
(3)
No cooking facilities shall be permitted in
any of the rented rooms.
(4)
Breakfast shall be served to overnight guests
only from the residential kitchen. No kitchen remodeling for commercial
restaurant operation or restaurant operation shall be permitted.
(5)
Two parking spaces, plus one additional space
for each room must be provided. Tandem parking is permitted with the
limit of two vehicles per tandem space, subject to the following:
(a)
All parking spaces shall be paved, subject to
city approval and to city standards, with materials to maintain the
historical nature of the neighborhood.
(b)
No removal of adjacent residential facilities
shall be permitted to provide for parking requirements of this section
unless the applicant provides evidence of need based upon submission
of a parking analysis of available and required spaces in a 300-foot
radius of the proposed facility. The City Council, upon review of
such study and recommendation by the Planning Commission, may decrease
the required number of spaces if it finds sufficient existing parking.
[Amended 11-9-2020 by Ord. No. 2113]
(6)
The maximum number of rooms which may be rented
is four, unless it can be shown that the structure and/or parcel is
of sufficient size to contain more rooms while meeting the purpose
of this chapter.
(7)
One nonilluminated sign shall be permitted,
not to exceed four square feet in area, and shall not include the
words "hotel" or "motel."[1]
[1]
Editor's Note: Former Subsection H(8), which required Planning
and Development approval, as amended, H(9), which required compliance
with other zone requirements, H(10), which permitted the Planning
Commission to impose conditions, and H(11), which allowed review and
revocation of the use by the Commission, which immediately followed
tis subsection, was repealed 11-9-2020 by Ord. No. 2113. This ordinance also
redesignated former Subsection H(12) and (13) as Subsection H(8) and
(9).
(8)
Commercial zones. Bed-and-breakfast facilities
permitted in commercial zones shall meet the same standards applicable
to hotels and motels.
(9)
Facilities shall be prohibited on lots or parcels
within developments constructed under the provisions of a PUD or PRD
or containing less than the minimum lot area of 7,200 square feet.
I.
Kennels
in C1 and C2 Zone Districts, provided that its operation is compatible
with the integrity of the surrounding area, and provided that:
[Added 7-12-2021 by Ord. No. 2121]
(1)
The facility has adequate off-street parking to allow for animals
to be picked up and dropped off in a safe manner.
(2)
The facility operator has a current and in-good-standing license
to operate the kennel pursuant to the Pennsylvania Dog Law, 3 P.S.
§ 459-101 et seq.
(3)
If the facility has an outdoor exercising area, or animals are
otherwise kept outside for any purpose, the facility may not be located
adjacent to a structure used primarily for residential purposes at
the time of the kennel's application for a zoning permit.
(4)
All animals shall be kept either within completely enclosed
structures or under direct control of the kennel operator or staff
at all times, and shall be indoors between the hours of 7:00 p.m.
and 7:00 a.m.
(5)
The operation of the day care and/or overnight boarding of the
pet care facility shall not allow the creation of noise by any animal
or animals under its care which can be heard by any person at or beyond
the property line of the lot on which the kennel is located, which
occurs a) repeatedly over at least a seven-minute period of time at
an average of at least 12 animal noises per minute, or b) repeatedly
over at least a fifteen-minute period of time, with a one-minute or
less lapse of time between each animal noise during the fifteen-minute
period.
J.
Self-storage
facility in the C2 Zone District, provided that it is an adaptive
reuse of an existing building and it meets the following criteria:
[Added 7-10-2023 by Ord.
No. 2150]
(1)
Storage
activities shall not be located on a floor with a street-level frontage
or entrance.
(2)
The
applicant shall provide safe and adequate means for customer access,
loading, and unloading which does not unduly interfere with vehicular
and pedestrian access to and patronizing of uses in the C2 Zone District.
(3)
Storage
of hazardous materials, living organisms, and perishable materials
shall be prohibited.
(4)
No
business activity other than rental of storage units shall be conducted
in the self-storage facility. The facility shall not be used for habitation
or for repair, construction, reconstruction, or fabrication of any
item. Nothing in this subsection shall prohibit the self-storage facility
from having its own offices or other uses ancillary to the self-storage
use, nor shall it prohibit uses otherwise permitted in the C2 Zone
District from operating in other areas of the structure.
[Amended 11-9-2020 by Ord. No. 2113]
A.
Application; form and content. Written application for the approval
of a conditional use shall be filed with the Planning Director upon
forms prescribed for that purpose. When the application bearing the
signatures of the owners of all of the property within the concerned
site is filed, it shall contain or be accompanied by:
(1)
A site plan and related schedules showing the location and proposed
use of all structures on the site, the location of all proposed uses
not within structures and such other pertinent data and information
necessary to indicate the proposed conditional use and its justification.
(2)
Where relevant, a time schedule for carrying out the proposed
conditional use; a financial plan; a subdivision plan; and, in the
case of a site plan providing for common facilities, such as parking,
open space and recreation areas, a maintenance plan for such facilities
and surety of continued availability to those they are intended to
serve.
(3)
A notarized statement by or on behalf of the landowner attesting
to the truth and correctness of all facts and information presented
with the application.
B.
Referral to Planning Commission. A conditional use application shall
be referred to the Planning Commission for recommendations. The Planning
Commission shall consider the application and act on recommendations
at a regular or special meeting.
C.
Hearing. Subsequent to the filing of an application for a conditional
use and the Planning Commission reviewing the same and making recommendations
as provided herein, a hearing shall be held by the City Council on
said application. The hearing and all processes and act related thereto
and as a result thereof shall be in accord with the Municipalities
Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
