The purpose of this article is to provide standards and procedures
for conditional uses. In these cases, the Board of Commissioners may
attach reasonable conditions and safeguards, in addition to those
expressed in this article, as they may deem necessary to implement
the purposes of this chapter and those of the Municipalities Planning
Code (MPC), Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In cases where this chapter does not provide specific dimensional
standards for conditional uses, the following general dimensional
standards will be applied by the Board of Commissioners:
A.
In residential districts, the area, bulk and other applicable requirements
shall be not less than those for single-family dwellings in that district.
B.
In nonresidential districts, the area, bulk and any other applicable
requirements shall be not less than those for the use which requires
the greatest dimensions in the applicable nonresidential district.
C.
The Board of Commissioners may require additional, reasonable but more stringent requirements than those required in Subsections A or B above, provided it makes one or more of the following determinations:
(1)
Insufficient to accommodate the proposed building, facility
or use, and that larger dimensional requirements would alleviate that
condition.
(2)
Insufficient to provide adequate area for parking and loading, as required by Article XVIII, and that larger dimensional requirements would alleviate that condition.
(3)
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, and that larger dimensional requirements would substantially
alleviate that condition.
A.
Conditional uses.
(1)
Application and fees. Application for a conditional use shall
be made to the Board of Commissioners and shall be accompanied by
a plan of the property showing the details of the use proposed, along
with such other written and graphic material as required by the applicable
provisions of the Upper Chichester Township Subdivision and Land Development
Ordinance of 1992 and the applicable provisions of this chapter to
adequately determine the appropriateness of the use at the location
proposed. The application shall be accompanied by such fees as shall
be established by the Commissioners, in an amount to cover all costs
incurred by the Township.[1]
(2)
Public hearing.
(a)
Within 60 days after the applicant files an application for
a conditional use, the Board of Commissioners shall hold a public
hearing pursuant to public notice. The cost of such public hearing(s)
shall be borne by the applicant. Notice of the public hearing shall
be given to those persons and agencies which would be entitled to
notice if the same premises were subject to an application to the
Zoning Hearing Board of Upper Chichester Township as a special exception
and to all others who have registered their names with the Upper Chichester
Township Zoning Officer for that purpose.
(b)
After a full review of the application, the Board of Commissioners
shall render a written decision, or, when no decision is called for,
make written findings on the application. When the application is
contested or denied, the decision shall be accompanied by findings
of fact or conclusions based thereon, together with any reasons therefor.
Such decision or written finding shall be made by the Board no later
than 45 days after the last hearing.
(c)
The Board of Commissioners shall approve or disapprove the application
by resolution and shall send a written notification to the applicant
within 10 days of a decision.
(3)
Method of determination.
(a)
The Board of Commissioners shall, within 45 days of the date
of the last hearing, render a final decision and shall by official
communication to the applicant either:
(b)
Failure to act within said period shall be deemed to be a grant
of approval of the application.
(c)
If the application involves a land development, a detailed plan review shall be required by the Township after the application of the conditional use has been acted upon by the Board of Commissioners. This review shall be in accordance with the procedures outlined in Chapter 505, Subdivision and Land Development. If the applicant wishes to provide the necessary documentation, the Board of Commissioners may consider the concurrent review of the conditional use requested and the detailed plans for the development. Time limits for review of the detailed plans, if necessary, will be governed by Chapter 505, Subdivision and Land Development.
B.
General requirements for review of conditional uses.
(1)
In any instance where the Board of Commissioners is required
to consider a request for a conditional use, the Board shall consider
the following factors where appropriate:
(a)
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 be made to protect sensitive environmental
features such as streams, wetlands, slopes, and mature trees.
(b)
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 impacts caused
by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading,
and signage.
(c)
That the proposed conditional use will serve the best interest
of the Township, convenience of the community, and the public health,
safety, and welfare.
(d)
That the proposed use is consistent with the objectives and
recommendations of the Multi-Municipal Comprehensive Plan for Aston,
Lower Chichester, and Upper Chichester Townships of 2005.
(e)
That the proposed use promotes orderly development, proper population
density, and the provision of adequate community facilities and services,
including police and fire protection.
(f)
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.
(g)
That existing public roads shall be adequate to serve additional
traffic reasonably likely to be generated by the proposed use.
[1]
Financial hardship shall not be construed as a basis for granting
conditional uses.
[2]
In granting any request for a conditional use, the Board of
Commissioners 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 Pennsylvania Municipalities Planning Code[2] and this chapter, which conditions and safeguards may
relate to, but may not be limited to, screening, lighting, parking,
signage, 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.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
Intermediate day-care facilities and group day-care facilities
shall be permitted as a conditional use in the C-1 and C-2 and the
I-C Industrial Commercial District.
A.
Intermediate day-care centers shall accommodate between seven children and 15 children, and group day-care centers shall accommodate 16 or more children. These facilities are defined in Article II.
B.
Minimum lot size shall be 750 square feet per child and shall in
no case be less than that required by the district in which the facility
is located.
C.
Not less than 75 square feet of outdoor play area per child shall
be provided, excluding parking areas, garage areas or other areas
not suited for play.
D.
Not less than 40 square feet of indoor play area per child shall
be provided, excluding bathrooms, hallways and other areas not suited
for play.
E.
No intermediate or group day-care facility in a residential district
shall be placed closer than 500 feet from another day-care facility.
F.
A fence at least four feet high shall be placed around all outdoor
play areas. Such fences must reach the ground to prevent children
from crawling underneath.
G.
The Board of Commissioners may require planting and screening consistent
with the character of uses adjacent to the facility.
H.
Outdoor play activities shall be limited to the hours between 8:00
a.m. and 7:00 p.m.
K.
Each facility shall be fully protected by smoke detectors and fire
extinguishers.
L.
Each facility shall provide for the discharge and pickup of children
on a driveway, approved parking area or directly in front of the facility.
In any case, the area selected for discharge and pickup must be free
from traffic hazards to children.
M.
No part of a facility may be located within 300 feet of gasoline
pumps or underground gasoline storage tanks or any other storage area
for explosive materials.
N.
Each facility must hold an approved Pennsylvania Department of Public
Welfare registration, certificate or license as appropriate and meet
all current DPW regulations and any applicable state or local building
and fire safety codes.
O.
Where the above regulations differ from those of the Pennsylvania
Department of Public Welfare, the more stringent regulation shall
apply.
Adult day-care centers (ADC) shall be permitted as a conditional
use in the C-1 and C-2 and I-C Districts.
A.
There shall be a distance of not less than 500 feet between adult,
group or intermediate day-care facilities located in residential districts.
B.
Each adult day-care center shall contain not less than 50 square
feet of indoor floor area per client.
D.
There shall be an area designated for the discharge and pickup of
clients which shall be free of hazards and which shall not interfere
with street traffic.
E.
There shall be a planted buffer no less than five feet high along
rear and side property lines adjacent to a residential district or
use.
F.
Any alterations or additions to the exterior of an ADC shall be compatible
with the existing structures and in keeping with the character of
the neighborhood. Upon the closing of the facility, all safety required
modifications shall be removed.
Private clubs shall be permitted by conditional use in the R-1
and R-2 and in the C-1, C-2 and I-C Districts. Such clubs shall comply
with the following regulations:
A.
Private clubs shall be operated for civic, cultural, educational,
social or recreational purposes.
B.
The activity shall be noncommercial, nonprofit and clearly one not
customarily carried on as a business.
C.
Each building or facility shall be for members or their guests only.
D.
No club shall provide for eating or dining except on an incidental
basis.
Standard collection facilities shall be permitted by right in
the I-C District and by conditional use in the C-1 and C-2 Districts,
and processing facilities shall be permitted by conditional use in
the C-2 and I Districts. Small collection facilities shall be permitted
as accessory uses in the C-1 and C-2 Districts.
A.
Small collection facilities may be placed in surplus parking spaces
and no closer than 30 feet from a public street to assure the general
public safety.
C.
Standard collection and processing facilities shall be placed not
less than 150 feet from a residential property.
D.
Trash and debris shall be cleaned up on a daily basis.
E.
The name and phone number of the person responsible for the collection
facility will be displayed on the containers.
F.
Overnight collection areas shall be adequately lighted, well kept
and secure from unauthorized entry.
G.
Collection facilities and processing facilities shall provide sufficient
room to accommodate customers and business traffic.
H.
Collection facilities and processing facilities will operate in an
enclosed building or be screened from public view by a planted visual
screen or opaque fence.
I.
Certification and permits shall be obtained as required from the
appropriate local, state or federal agencies.
Adult entertainment uses shall be permitted as a conditional
use in the C-2 and I-C Districts.
A.
No such establishment shall be located within 500 feet of a school,
church, existing dwelling or public park.
B.
No such establishment shall be located within 1,500 feet of any existing
adult bookstore, theater or other use.
C.
A planted visual screen, as defined in Article II, which shall be not less than 10 feet wide and six feet high, shall be provided along the side and rear lot lines.
D.
No obscene material shall be placed or displayed so as to be visible
from outside the establishment.
E.
Such establishment shall not be accessible to persons under 18 years
of age.
Professional home offices shall be permitted only by conditional
use in the R-1 and R-2 Districts, subject to the following requirements:
A.
The professional home office shall be located only within a single-family
detached dwelling, situated on a lot having not less than 11,250 square
feet.
B.
There shall be not more than one practitioner and not more than two
employees at any given time.
C.
The office shall not occupy more than 40% of the gross floor area
of the dwelling.
D.
There shall be only one professional home office on the lot.
E.
Except for signs, there shall be no external alterations/additions
inconsistent with the residential character of the structure.
H.
There shall be no outdoor display or storage of products.
I.
The office shall in no case be operated before 8:00 a.m. or after
9:00 p.m.
J.
All home occupations shall be subject to periodic inspection by a
local official.
K.
A conditional use permit shall not be granted when it appears to
the Board of Commissioners that the proposed major professional home
office will constitute a fire hazard to neighboring residences, will
adversely affect neighboring property value or will constitute a nuisance
or otherwise be detrimental to the neighbors because of excessive
traffic, parking, noise, odor or other negative impacts.
L.
The practitioner shall reside on the property where the home office
is located.
Group-based community residence facilities shall be permitted
as a conditional use in the I-C Industrial Commercial district only,
subject to the following requirements:
A.
Group-based facilities shall provide sufficient rooms and areas to
hold group meetings and to administer examinations and therapies for
treatment if individuals recovering from the influence of drugs, alcohol
or other addictions.
B.
Health care professionals shall be available on a regular basis to administer the treatments note in Subsection A above.
C.
These facilities must be approved by the appropriate state agency.
Car wash establishments shall be permitted as a conditional
use in the C-2 District, subject to the following requirements:
A.
Exterior lighting shall be shielded or deflected from adjacent and
nearby properties and public streets and sidewalks.
B.
The facility shall be designed to accommodate not less than eight
waiting motor vehicles on the property.
D.
Where applicable, the facility shall be designed and/or screened
so that the headlights of automobiles approaching, waiting or exiting
the facility shall not shine directly on adjacent properties.
