The purpose of this article is to provide conditions and standards for conditional uses. In these cases, Borough Council may attach reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this chapter and those of the Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In any instance where Borough Council is required to consider a request for a conditional use permit, Council shall consider the provisions of this article.
A. 
In any instance where Council is required to consider a request for a conditional use, Council shall consider the following factors where appropriate:
(1) 
That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility and availability of public services and that adequate provisions will be made to protect sensitive environmental features such as streams, wetlands, slopes, and mature trees.
(2) 
That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties, and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any adverse impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading, and signage.
(3) 
That the proposed conditional use will serve the best interest of the Borough, convenience of the community, and the public health, safety, and welfare.
(4) 
That the proposed use is consistent with the most recently adopted Marcus Hook Comprehensive Plan.
(5) 
That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
(6) 
That the proposed use is suitable in terms of its effect on highway safety and traffic circulation, and that access, on-site circulation, and parking are adequate in view of anticipated traffic.
(7) 
That the proposed use will provide for adequate off-street parking, as required in Article XV.
B. 
In cases where conditional uses are not accompanied by specific standards listed below in this article, the regulations in § 196-130 below shall apply.
C. 
Financial hardship shall not be construed as a basis for granting conditional uses.
D. 
In granting any request for a conditional use, Council may attach reasonable conditions and safeguards in addition to those expressed in this article as it may deem necessary to implement the purposes of the Planning Code and this chapter, which conditions and safeguards may relate to, but not be limited to, screening, lighting, noise, safety, aesthetics, and the minimization of noxious, offensive, or hazardous elements. Such conditional use shall be clearly authorized by a provision in this chapter and shall, where applicable, comply with the more specific standards relating to such use contained in appropriate sections of this article.
In cases where this article does not provide specific standards for conditional uses, the following dimensional requirements will be applied by Borough Council:
A. 
In residential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for single-family dwellings in the district where the use is proposed.
B. 
In nonresidential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for the use which requires the greatest dimensions in the applicable nonresidential district.
C. 
Borough Council may require reasonable requirements in addition to those in Subsection A or B above, provided that Council makes one or more of the following determinations:
(1) 
That the requirements of Subsections A and B above are clearly:
(a) 
Insufficient to accommodate the proposed building, facility, or use.
(b) 
Insufficient to provide adequate area for parking and loading, as required by Article XV.
(c) 
Insufficient to provide for lot areas and dimensions necessary to protect the adjacent area from the potential adverse impacts of the proposed use, such as noise, vibration, air pollution, and similar impacts.
An applicant for a conditional use permit shall have the burden of establishing both:
A. 
That his application falls within the provisions of this chapter, which affords to the applicant the right to seek a conditional use permit; and
B. 
That the allowance of a conditional use permit will not be contrary to the public interest.
In determining whether the allowance of a conditional use permit is contrary to the public interest, Council shall consider whether the application, if granted, will:
A. 
Adversely affect the public health, safety, and welfare due to changes in traffic conditions, drainage, air quality, noise levels, neighborhood property values, natural features, and neighborhood aesthetic characteristics.
B. 
Be in accordance with the most recently adopted Marcus Hook Comprehensive Plan.
C. 
Provide required parking in accordance with Article XV.
D. 
Adversely affect the logical, efficient, and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police, fire protection, and public schools.
E. 
Otherwise adversely affect the public health, safety, or welfare.
Unless otherwise specified by Council, a conditional use permit shall expire if the applicant fails to obtain a building permit within six months from the date of authorization thereof, unless the applicant can show that there were permitting delays beyond his control.
In the R-1 and R-2 Residential Districts, a community center or other municipal use shall be permitted only as a conditional use, subject to the requirements listed below:
A. 
The lot area shall be not less than 15,000 square feet in the R-1 District and 10,000 square feet in the R-2 District.
B. 
There shall be a planted visual screen along the side and rear lot lines where they form the boundary with a lot containing a residential structure or residential district.
In the R-1 and R-2 Residential Districts, religious buildings and uses shall be permitted only as a conditional use, subject to the dimensional requirements listed below:
A. 
Minimum lot area: 10,890 square feet (1/4 acre).
B. 
Building coverage: 70%, maximum.
C. 
Front yard: 15 feet.
D. 
Rear yard: 15 feet.
E. 
Side yard: 15 feet.
In the R-1 Residential District and the Downtown Mixed Use District, independent living facilities shall be permitted only as a conditional use, subject to the dimensional requirements listed below:
A. 
Minimum lot area: two acres.
B. 
Maximum height: three stories or 35 feet.
C. 
Building coverage: 60%, maximum.
D. 
Front yard: 25 feet.
E. 
Rear yard: 25 feet.
F. 
Side yard: 25 feet.
In the Central Retail District, Planned Business Park District, Recreational Business Campus District, and the Downtown Mixed Use District, child day-care centers shall be permitted only as a conditional use, subject to the following requirements:
A. 
Day-care centers shall be permitted as part of a church, school, or other similar institution or as an independent use.
B. 
A fence not less than four feet high shall be placed around all outdoor play areas. The bottom end of such fence must reach the ground to prevent children from crawling underneath.
C. 
Outdoor play activities shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
D. 
Parking shall be in accordance with Article XV.
E. 
Signs shall be in accordance with Article XVI.
F. 
Each facility shall provide for the discharge and pickup of children on a driveway, approved parking area, or directly in front of the facility. Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The area selected for discharge and pickup must be free from traffic hazards to children.
G. 
No part of a facility may be located within 200 feet of gasoline pumps or underground storage tanks or any other storage area for explosive or hazardous materials.
H. 
A planted visual screen shall be provided to protect the day-care center from an adjacent use or to protect a less intense adjacent use from the activity of the day-care center. Planted visual screens, where required, shall comply in accordance with Article II. Opaque fences or walls may be used in place of planted screens.
I. 
When located in a mixed use building, day-care center entrances and exits shall provide direct access to the child care center so that walking through other significant portions of the building is avoided.
J. 
When streets of different classifications are involved, access shall be provided to the street of lesser functional classification, if possible.
K. 
Each operator of a newly established day-care center shall notify the Borough in writing at least 30 days prior to the initiation of a day-care center for the purpose of allowing the Borough to establish a record of such use.
L. 
All facilities shall comply with the requirements of the district in which they are located.
M. 
The operator of any day-care center will allow the Zoning Officer to enter the property at reasonable times to inspect for compliance with the requirements of this section and all other applicable municipal and state ordinances or regulations.
N. 
A permit shall be obtained from the Zoning Officer.
O. 
All facilities must be licensed by the Pennsylvania DPW and any other appropriate agencies.
In the Heavy Industrial District and Industrial Transition District, gasoline service stations shall be permitted only as a conditional use, subject to the following requirements:
A. 
All pumps and principal buildings shall be located not less than 30 feet from all property lines.
B. 
All pumps shall be located outside of buildings.
C. 
All fuel containers in excess of 100 gallons shall be located underground.
D. 
No service station shall be located within 200 feet of a school, church, day-care center, or place of public assembly having a capacity of more than 50 persons. The required 200 feet shall be measured in the shortest distance between the service station property and any of the above-noted uses.
E. 
Hydraulic hoists, pits, and all lubrication, greasing, washing, and repair equipment shall be entirely enclosed within a building.
F. 
Exterior lighting shall be shielded so that it is deflected from adjacent or nearby properties and from motorists on public streets.
G. 
Gasoline service stations shall also comply with all applicable state and federal laws and regulations.
Conversions of single-family detached dwellings and single-family semidetached dwellings to two-unit dwellings shall be permitted only as a conditional use in the R-3 Residential District, subject to the following requirements:
A. 
In order to be eligible for conversion from one to two units, a dwelling shall have a floor area of not less than 1,500 square feet, excluding basement space.
B. 
Two off-street parking spaces shall be required for each unit created by the conversion. Such parking spaces shall be paved and have direct access to a street or alley. The stacking of parking spaces (where it is necessary to move a given vehicle before another vehicle can enter or exit) is prohibited.
C. 
No external alterations inconsistent with the residential use and architectural character of the neighborhood shall be permitted.
D. 
Each unit shall be a complete, separate housekeeping unit that is independent of any other unit.
E. 
The maximum number of units created shall be two.
F. 
Conversions on lots where there is currently no sidewalk shall install a sidewalk along the frontage of the property.
G. 
Prior to conversion, the applicant shall obtain a permit from the Zoning Officer.
H. 
All utility connections shall meet utility company standards.
I. 
Applications for conversions shall contain the following items:
(1) 
Floor plan showing the layout, including all dimensions of each unit.
(2) 
Site development plan showing and locating the dwelling and other existing buildings; all property lines; any proposed additions; building setback lines; location, size, and extent of all underground utilities; length, width, and function of all rights-of-way and easements; required parking spaces; and the one-hundred-year floodplain.
(3) 
All plans shall be drawn to a scale of not less than one inch equals four feet for the floor plans and one inch equals 20 feet for the site development plans.
In the Planned Business Park District and the Recreational Business Campus District, laboratories shall be permitted only as a conditional use, subject to the following requirements:
A. 
All laboratory operations, including storage, shall be carried out in an enclosed building.
B. 
There shall be a distance of 50 feet between a laboratory and any other principal building.
C. 
The distance between the principal building and a parking area shall be not less than 25 feet.
D. 
The front yard shall be not less than 40 feet.
E. 
No products or goods shall be publicly displayed on the exterior of the premises.
F. 
The facility shall strictly comply with the performance standards in Article XX.
In the Transit-Oriented Development District, individual office buildings shall be permitted only as a conditional use, subject to the following requirements:
A. 
There shall be a distance of not less than 50 feet between an office building and any other principal building.
B. 
Office buildings shall be linked to other buildings and the train station by pedestrian and bicycle paths in the development.
In the Planned Business Park District and the Recreational Business Campus District, a parking garage shall be permitted only as a conditional use, subject to the following requirements:
A. 
A parking garage may be the principal use on the lot.
B. 
The height of the parking garage shall not exceed 50 feet.
In the Transit-Oriented Development District, hotels developed as individual buildings shall be permitted only as a conditional use. Hotels that are part of a unified development plan shall be permitted by right. In both cases, hotels shall comply with the following requirements:
A. 
The applicable dimensional standards for mixed use buildings and multifamily buildings per § 196-71A, the development standards in § 196-72, as well as any other applicable provisions of Article XII shall apply to hotels.
A. 
Except for antennas attached to existing buildings or structures, antennas and antenna support structures shall be permitted only as a conditional use in the Heavy Industrial District.
B. 
An antenna that is mounted on an existing structure shall be permitted by right only in the Heavy Industrial District.
C. 
The following regulations shall control both facilities applicable:
(1) 
An antenna that is attached to an existing support structure shall not exceed the height of the support structure by more than 10 feet.
(2) 
An antenna that is not attached to an existing support structure but to its own support structure shall have a tower height not in excess of that required in the district in which it is located.
(3) 
Setbacks from the base of any new antenna support structure to any property line, street line, or zoning district boundary shall not be less than 100 feet.
(4) 
The applicant shall demonstrate that the proposed antenna and antenna support structure are designed and constructed in accordance with all applicable national building standards for such facilities and structures, including, but not limited to, the standards developed by the Electronics Industry Association, Institute of Electrical and Electronics Engineers, Telecommunications Industry Association, American National Standards Institute, and the Electrical Industry Association.
(5) 
The applicant shall demonstrate that the proposed antenna and antenna support structure are safe and that the surrounding properties will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.
(6) 
In order to reduce the number of antenna support structures needed in the Borough in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other cellular communications providers and local police, fire, and ambulance services.
(7) 
The applicant must demonstrate that it is licensed by the Federal Communications Commission to provide wireless communications, cellular communications, and/or personal communications services.
(8) 
A security fence eight feet in height shall be required around the cell site unless the antenna is mounted on an existing structure.
(9) 
The cell site shall be fully automated and not require any maintenance workers to be present on a full-time basis.
(10) 
Not less than two parking spaces shall be provided.
(11) 
The cell site shall be kept in good repair as required by Federal Law H.R. 6180/s. 2882, the Telecommunications Authorization Act of 1992, as amended, and all Borough ordinances not inconsistent therewith.
(12) 
Prior to the construction or installation of an antenna on an existing structure or the construction or placement of an antenna support structure, the applicant shall obtain a permit from the Borough Zoning Officer.
(13) 
When the antenna and antenna support structure have ceased to function and have been abandoned, such structures shall be removed from the site within 60 days after official abandonment. Also see the definition of "abandonment" in Article II, Definitions, and § 196-150 relating to abandonment of nonconforming uses.