Borough of Elizabethtown, PA CONDITIONAL USES

Where provided for in this chapter, the Borough Council shall hear and decide requests for conditional uses in accordance with stated standards and criteria. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and this chapter. The Borough Council may grant approval of a conditional use, provided that the applicant complies with the following standards for conditional uses and that the proposed conditional use shall not be detrimental to the health, safety or welfare of the neighborhood.

§ 1502 Standards.

[Ord. 766, 5/16/1996, § 15.1; as amended by Ord. 946, 3/21/2013]

The applicant shall provide evidence of compliance with all conditions for such conditional use as provided for in this Part.

The applicant shall provide evidence that the proposed conditional use shall be properly serviced by existing streets. The peak traffic generated by the use shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. For a nonresidential conditional use application, the applicant shall demonstrate, through the use of traffic studies or other applicable data, that the granting of the conditional use shall not increase traffic congestion on streets within the Borough.

The applicant shall provide evidence that the proposed conditional use shall not negatively impact upon utilities, police protection, fire protection and parks and recreation facilities. The applicant may demonstrate, through offsite improvements, the ability to minimize or remove any potential impact on the surrounding area.

The applicant shall submit a site plan, drawn to a scale of not more than 100 feet to one inch, containing the following information:

Location of all existing floodplains, watercourses, wetlands, rights-of-way, easements, areas of subsidence, wooded areas and other significant natural features on the tract.

The location of all streets, adjacent tracts and buildings within 200 feet of the tract.

Location of all proposed land uses, including residential uses, by type.

Number of proposed lots and/or dwelling units or nonresidential structures and lot sizes.

Location of public water and sewer lines.

All proposed site grading and drainage provisions.

Zoning data.

Certification of site plan by professional engineer/surveyor.

Certification of ownership and acknowledgment of plans signed by owner.

The applicant shall provide Borough Council with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.

The proposed conditional use shall not significantly detract from the use of neighboring properties or from the character of the neighborhood and that the use of adjacent property is adequately safeguarded.

Unless otherwise specified by Borough Council or by law, a conditional use shall expire if the applicant fails to obtain a zoning permit or commence work on the proposed use within one year from the date of authorization thereof by Borough Council or by the court if such conditional use has been granted after an appeal, or fails to complete any erection, construction, reconstruction, alteration or change in use authorized by the conditional use within one year from the date of issuance of a zoning permit. Borough Council, may for reasonable cause, extend the time periods of up to five years and/or can impose different time periods to obtain a zoning permit and to complete construction for each phase of a multi-phase development authorized by conditional use approval. An applicant desiring an extension of either time period and/or desiring that Council shall establish different time periods for different phases of a development shall make a written request for the extension specifying the requested length of the extension sought and the reasons for the requested extension.

Conditional use approval is not transferable from the applicant to any successive owner, heir, assign or lessee.

§ 1503 Standards For Specific Conditional Uses.

[Ord. 766, 5/16/1996, § 15.2]

The following standards shall be met for each of the uses listed in this section. In addition, each use listed in this section shall meet all other requirements of this chapter. In the case of conflict, the stricter regulation shall rule.

§ 1504 Apartments (Garden Apartments/Apartment Houses).

[Ord. 766, 5/16/1996, § 15.3; as amended by Ord. 983, 11/16/2017; and by Ord. No. 999, 6/18/2020]

Where permitted, or permitted as a conditional use, all newly constructed apartments, other than apartments constructed in the Mixed-Use District on lots equal to or greater than one acre in size, shall comply with the following:

There shall be not more than eight dwelling units per building.

No garden apartment/apartment house building shall be in excess of three stories in height.

No garden apartment/apartment house building shall have an apartment in the basement and/or below ground level of the structure.

Off-street parking shall be provided in accordance with the provisions of Part 16.

A visual structural break in building face shall be provided between every four dwelling units with separate entrances and/or townhouse-type structures, such as a walkway or an offset.

Trash and recycling receptacles shall not be visible from the street or adjoining properties.

The facade of the building shall be maintained in a consistent manner so as not to disrupt the streetscape of the neighborhood and/or applicable residential zoning district.

The minimum habitable floor area of each dwelling unit shall be provided in accordance with the Borough's Existing Structures and Property Maintenance Code (Chapter 5, Part 1, and § 116). In addition, the structures in general and each unit shall conform to the Borough's Existing Structures and Property Maintenance Code (Chapter 5, Part 1), as amended from time to time.

Apartments Constructed in the MU Mixed-Use District on Lots Equal to or Greater Than One Acre in Size. Apartment dwellings/apartment houses constructed in the Mixed-Use District on lots equal to or greater than one acre in size shall be permitted as a conditional use pursuant to § 12A06 and subject to the following requirements:

There shall be not more than 48 dwelling units per building.

No apartment dwelling/apartment house building shall be in excess of five stories in height.

No apartment dwelling/apartment house building shall have an apartment in the basement and/or below ground level of the structure.

Off-street parking shall be provided in accordance with the provisions of Part 16.

A visual structural break in building face shall be provided between every four dwelling units with separate entrances and/or townhouse-type structures, such as a walkway or an offset.

Trash and recycling receptacles shall not be visible from the street or adjoining properties.

The facade of the building shall be maintained in a consistent manner so as not to disrupt the streetscape of the surrounding neighborhood in the Mixed-Use District.

§ 1505 Bed-and-Breakfast Establishments with Four or More Rooms for Rent.

[Ord. 766, 5/16/1996, § 15.4; as amended by Ord. 882, 2/15/2007]

Where permitted, or permitted as a conditional use, bed-and-breakfast establishments with four or more rooms for rent may be established, subject to the following conditions:

Accommodations shall be limited to no more than 10 guest rooms for rent.

Sleeping accommodations shall be located only within the dwelling, and each guest room shall be a minimum of 250 square feet of habitable floor space.

Each sleeping room shall be limited to two adults each.

Meals for compensation shall be provided only to guests of the bed-and-breakfast establishment. No cooking facilities shall be provided or permitted in the individual guest rooms.

Off-street parking shall be provided in accordance with Part 16 herein.

Signs shall be in compliance with Part 17 herein.

§ 1506 Clubs, Lodges and Fraternal Organizations.

[Ord. 766, 5/16/1996, § 15.5]

In districts where permitted, or permitted as a conditional use, these and similar uses are restricted to those not conducted primarily for gain, although a dining room may be operated for the benefit of club members, provided that no permanent sign advertising the sale of food or beverages will be permitted. Buildings or structures hereafter converted or erected for such use are subject to all applicable regulations for the district in which the facility is to be located. A buffer yard/screen planting of no less than five feet in depth shall be maintained along all property lines abutting a residential use.

§ 1507 Day-care Centers.

[Ord. 766, 5/16/1996, § 15.6]

Operators shall comply with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, State or Federal regulations. The owner shall submit proof of compliance prior to receiving a permit to operate a day-care center.

Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards but in no case shall be less than 8,000 square feet plus 500 square feet for every child over 10.

The minimum front, side and rear yard setbacks shall be in compliance with applicable district requirements.

Outside play shall be limited to the hours between 7:00 a.m. and 7:00 p.m. If an outside play area is to be provided, it shall be completely enclosed with a chainlink or closed wooden fence.

Off-street parking shall be provided in accordance with Part 16 herein.

No outdoor storage of materials which may be construed as a potential hazard shall be permitted.

If play equipment or toys are used outside the structure, the entire lot shall be cleaned and free of the equipment or toys at the end of each business day.

In residential districts, day-care centers shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

Each center shall include adequate measures to insure the safety of children from traffic or other nearby hazards.

§ 1508 Funeral Homes.

[Ord. 766, 5/16/1996, § 15.7]

The lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards, but in no case shall be less than 5,000 square feet in any residential district.

Minimum front, side, and rear yard setbacks shall be 15 feet.

Lot width shall be determined by the size of the building and setbacks.

A buffer yard/screen planting of no less than five feet in depth shall be maintained along rear and side lot lines abutting a residential use.

§ 1509 Group Homes.

[Ord. 766, 5/16/1996, § 15.8; as amended by Ord. 946, 3/21/2013]

Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards, but in no case shall be less than 12,000 square feet.

The minimum front, side and rear yard setbacks shall be no less than 25 feet.

Off-street parking shall be provided in accordance with Part 16 herein.

All other applicable provisions of this chapter and the following standards:

Dwelling type. A group home shall only be allowed in a single-family detached house.

The use shall be licensed under the applicable State rules and regulations.

No more than one group home per block is permitted, and no group home shall be located nearer than 500 feet from the lot on which another group home is located (such distance shall be measured in a horizontal straight line from the nearest point on one lot to the nearest point on the other lot).

One off-street parking space shall be provided for:

(1)

The supervisor.

(2)

Each additional employee per shift.

(3)

Every resident reasonably capable of driving a vehicle.

The group home activity shall not be related to and include the criminal rehabilitation of either juveniles or adults, nor the criminally insane, nor serious alcohol or drug addiction, nor the care or housing of any persons clinically diagnosed as prone to violence, nor the rehabilitation of registered sexual offenders and/or violent sexual predators.

If the group home is located in a residential district or subdivision, it shall be maintained and/or constructed to ensure that it is closely similar in appearance, condition and character to the other residential structures in the area.

The group home shall register its location, number of residents and sponsoring agency with the Borough and such information shall be available to the public. The group home shall be subject to the residential inspection program or any safety standard as adopted by formal resolution and/or ordinance of Borough Council.

A statement setting forth full particulars on the operation to be conducted and to include any needed approvals of the Pennsylvania Departments of Health, Labor and Industry, Aging and Public Welfare shall be filed with the Borough.

The group home shall notify the Borough immediately if there is a change in the type of clients in the home, or if State certification expires or is withdrawn.

Minimum lot area. The minimum lot area requirements for the zoning district shall be met, but in no case shall the lot size be less than 12,000 square feet for each group home in a single-family detached dwelling.

Off-street parking areas of more than five spaces shall be buffered from adjacent existing single-family dwellings by an appropriate planting screen.

§ 1510 Ground-Floor Dwelling Unit in the Central Business District.

[Ord. 766, 5/16/1996, § 15.9]

Ground-floor dwelling units, in the Central Business District, may be granted as a conditional use, in the rear of the structure only, if no other reasonable use can be found or demonstrated for the unit or part of the structure. The unit shall have a commercial facade, and the appearance of the overall structure shall be maintained as a commercial unit in appearance.

Each unit shall have two off-street parking spaces subject to the requirements of § 911.

The applicant needs to clearly demonstrate that the proposed space cannot be used for commercial purposes due to location, size or other limiting circumstances.

A ground-floor dwelling unit cannot be created through a building renovation or alteration.

§ 1511 Nursing Homes.

[Ord. 766, 5/16/1996, § 15.10]

The facility shall be constructed and operated in accordance with applicable Federal, State and local laws and regulations.

A buffer yard/screen planting of no less than five feet in depth shall be established along rear and side lot lines.

The use shall provide for passive recreation on at least 15% of the lot. This area may include outdoor sitting areas and pedestrian or wheelchair pathways.

There shall be a minimum of 500 square feet of total lot area per resident.

Principal and accessory buildings shall be set back a minimum of 50 feet from the lot line of an existing dwelling.

§ 1512 (Reserved) [1]

[1]

Editor's Note: Former § 1512, Outdoor Eating Activity (Ord. 766, 5/16/1996, § 15.11, as amended by Ord. 876, 8/17/2006), was repealed by Ord. 946, 3/21/2013.

§ 1513 Public/Private Schools.

[Ord. 766, 5/16/1996, § 15.12]

The lot area shall be determined on the basis of building size, yard requirements listed below, and parking requirements, but in no case shall the lot area be less than 40,000 square feet.

Lot impervious coverage shall not be greater than that required within the respective district.

The lot width at the front building setback line shall be based on the building size and yard requirements, but in no case shall be less than 100 feet in width.

Each lot shall have yards not less than the following depths or widths:

Front yard depth: 100 feet.

Side yard: two in number, width not less than 50 feet.

Rear yard: 100 feet.

A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along all property lines and shall be placed in accordance with the special yard, lot and screening requirements of this chapter.

Off-street parking shall be provided in accordance with the provisions of Part 16 herein.

§ 1514 Shopping Center.

[Ord. 766, 5/16/1996, § 15.13]

The center must be a totally planned and coordinated commercial development located on contiguous land under single ownership or control; all proposed uses shall be submitted on the total development of the site.

The center must be located on a collector or arterial road as defined in the Borough's Subdivision and Land Development Ordinance [Chapter 22].

The lot area shall be determined on the basis of building size, yard requirements of the zoning district but in no case shall the lot area be less than five acres.

A land development plan must be submitted in accordance with the Borough's Subdivision/Land Development Ordinance [Chapter 22].

Review of a proposed shopping center as a conditional use, shall include but not be limited to the following issues: market research and feasibility information, traffic and circulation study, lighting of all buildings and parking areas, stormwater runoff and screening, off street parking, signage and access regulations as listed in this chapter.

The Borough Council may require sufficient studies and information to adequately review a proposed shopping center plan.

§ 1515 College-Related Uses.

[Ord. 766, 5/16/1996; as amended by Ord. 798, 6/17/1999, § 2; and by Ord. 975, 6/16/2016]

Where permitted as a conditional use, certain structures within the R-1 Low-Density Residential Zoning District may be used for college-related uses subject to Borough Council's review of and satisfaction with all of the following standards and also subject to an applicant's compliance with all other provisions of this chapter and other applicable Borough ordinances and codes.

The application and plans presented in accordance with the conditional use standards set forth in this chapter must specify the number of employees — full-time, part-time and temporary — that will occupy or use the structure, their specific function and the anticipated amount of staff, visitor and/or guest traffic expected.

The application and plans submitted in accordance with the conditional use standards set forth in this chapter must make provision for adequate parking for the site/structure. Borough Council shall, in its sole discretion, determine and approve the plan for the adequacy of parking for the site/structure. Parking for the site/structure may be on the site or off site as required by Council in its sole discretion.

The proposed use for the structure and the hours of operation for the use within the structure shall be submitted as part of the application. If a visitor residential use is proposed for the structure, there shall be no less than 500 square feet of habitable floor space for each proposed visitor in residence. All other applicable sections of the Borough Existing Structures and Property Maintenance Code (Chapter 5, Part 1) shall apply to the structure. At no time shall more than five persons be permitted to be in residence within any structure, no matter how many square feet may be available in it. If the provisions of this condition relating to square feet would ever be deemed to be invalid or unenforceable by any court of competent jurisdiction considering the matter, any prior approval for visitor residential use of the structure will be no longer permitted.

A plan which details the type and size of all proposed signs shall accompany the application.

Proof that the proposed use has been reviewed and discussed with all adjacent property owners of the proposed site and/or structure shall be submitted with the application.

If the structure is to be used as a residence for students, there must be 500 square feet of habitable floor space for each student. All other applicable sections of the Borough Existing Structures and Property Maintenance Code (Chapter 5, Part 1) shall apply to these units and/or structure. In no instance shall more than five students be permitted to be housed within any proposed residence.

The outside appearance of the structure must remain residential in character regardless of the use proposed for the site. The maintenance of the structure and the yard shall be performed at the same level and intensity as those residences adjacent to the proposed college-related use.

All external lighting of the structure and lot must remain residential in nature and be consistent with the type and intensity of the residential exterior lighting throughout the greater neighborhood.

Proof must be presented by the applicant that the applicant holds legal title to the property in fee simple. A certificate of title from an attorney or reputable title insurance company regularly doing business in the County of Lancaster and Commonwealth of Pennsylvania shall be sufficient to establish such ownership along with a copy of the recorded deed of conveyance.

Borough Council shall decide the appropriateness of each application for the college-related use of a residential structure on a case-by-case basis. Borough Council is solely responsible for determining whether the proposed use is compatible with the site and with neighboring structure and may approve or disapprove any conditional use request submitted under this section.

Any change, modification, alteration or change in type or level of intensity pertaining to any aspect of a previously approved college-related conditional use shall be a basis for a new hearing. Borough Council is under no obligation to grant such a conditional use application based upon a change, modification, alteration or change in type or level of intensity in a previously approved college-related use. Any change, modification, alteration or change in type or level of intensity for an approved conditional use under this section, without prior notification and subsequent approval by Borough Council, shall be deemed sufficient justification for revocation of an approved use of a structure or site.

§ 1516 Construction or Modification of Structures, Buildings, and/or Uses that Result in Structures, Buildings or Uses in Excess of 10,000 Square Feet.

[Ord. 876, 8/17/2006; as amended by Ord. 882, 2/15/2007]

For construction or modification of structures, buildings and/or uses which result in structures, buildings, or uses in excess of 10,000 square feet, the following shall be provided for review:

A complete description of the intended use of the property and/or building, including a ground-level elevation plan and sketch plan.

A description of any intended building renovations, modifications, demolition, or new construction, both interior and exterior.

Review and approval of a comprehensive traffic impact study detailing traffic flow and movement both on and off site, parking requirements and ability of emergency vehicles to access the site. The traffic study shall detail the effect that the proposed or expanded use and/or structure will have on the adjoining streets and neighborhood. It shall include data demonstrating the flow of traffic based on points of origin and destination for employees, visitors, and customers for each building or use on the property. The applicant must demonstrate that the site for the proposed use or structure can accommodate the required elements to mitigate off-site traffic and parking concerns that may result from the proposed use.

A parking study must be submitted detailing the number of parking spaces required in accordance with Part 16 of this chapter. Council will consider the proximity of the proposed parking to the use or structure for appropriateness for the intended use. In no event shall on-street public parking be considered a part of the required parking spaces for the proposed use.

The impact of the proposed or expanded structure or use on any historically significant structures or land.

A landscape plan for the intended use must be submitted, with a particular focus on screening for parking lots, the planting of trees in accordance with the Subdivision and Land Development Ordinance,[1] and the aesthetics of the proposed use in relation to neighboring properties.

[1]

Editor's Note: See Ch. 22, Subdivision and Land Development.

Any outside storage or display areas shall not occupy any portion of a public street or alley, right-of-way, or any other area intended for vehicular or pedestrian use, required parking areas or required front yard.

Outside storage areas shall be fully shielded from view from all public streets and other properties with adequate landscaping and/or fencing.

All proposed structures or buildings shall maintain a pedestrian-oriented street frontage design.

All proposed uses shall conform to the performance standards as detailed in Part 13 of this chapter.

All parking areas shall be screened from adjacent residential uses, streets, and pedestrian walkways using an adequate arrangement of trees and/or shrubs and meet the regulations in § 1321 in the supplemental regulations.

Certification for appropriate access for emergency vehicles shall be in writing by the Friendship Fire and Hose Co. No. 1 and Northwest Emergency Medical Services.

The proposed or expanded use or structure shall not impact any planned improvement, if any, detailed on the Official Map.

All other regulations of the district, including permitted uses, height regulations, lot area, width and impervious coverage must be met.

§ 1517 Adaptive Reuse as a Conditional Use.

[Ord. 866, 12/15/2005, § 3; as amended by Ord. 882, 2/15/2007]

Adaptive reuse is a process that adapts a building or a group of buildings for new uses in order to retain their historical, architectural, and economic features and provide environmental, social, and economic benefits to the neighborhood and community. Adaptive reuse applies when 1) the proposed use of the building or group of buildings does not meet zoning requirements for the zoning district in which the building or group of buildings is located and 2) the long-term benefits of the proposed adaptive reuse to the neighborhood or community of the proposed project outweigh the alternative of demolition, vacancy or underutilization of the building or group of buildings. Where permitted, or permitted as a conditional use, adaptive reuse of a building or group of buildings may occur subject to the following conditions:

The building or group of buildings proposed for adaptive reuse must have historical, architectural, or economic significance to the neighborhood and community, justifying renovation and preservation, as determined by recommendation of the Borough's Planning Commission and decision of Borough Council.

A detailed written proposal for the adaptive reuse, the type of use proposed, and explanation of how the proposed adaptive reuse presents long-term benefits to the neighborhood and community where the building or group of buildings is located must be provided. The application package must also include a sketch plan, architectural elevations, and landscaping design plans for proposed changes to the building(s) or lot.

The proposed adaptive reuse must be a commercial or residential use as permitted by right or conditional review, not including special exception uses, in the Borough's CBD and/or residential zoning districts as outlined by the Borough's zoning ordinance or a use of essentially the same impact and character as determined by recommendation of the Borough's Planning Commission and decision of Borough Council.

If the proposed parking for the adaptive reuse does not meet the requirements of Part 16 of this chapter, the applicant must provide for Planning Commission review and Borough Council approval a detailed parking proposal for each proposed use, including 1) the projected number of all tenants and employees occupying the building(s) and the projected number of other occupants of the building(s) at peak times of use, and 2) a plan for how the parking needs for each proposed use are to be met.

The proposed adaptive reuse of a building or group of buildings encourages the rehabilitation and reuse of the building in a manner that preserves features of historical, architectural, or economic significance.

The proposed adaptive reuse does not displace viable uses for the zoning district in which it is located.