Township of Stowe, PA Conditional Uses

All applications for conditional use approval shall demonstrate compliance with the applicable express standards and criteria of this article and the applicable lot and yard requirements or the zoning district in which the use is proposed.

All applications for conditional use shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Zoning Officer, with not fewer than six full-scale copies and 15 half-scale copies of all required maps, and 15 copies of all other application material.

All applications for conditional use approval shall contain the following:

A land development plan, which shall state the following: a current property survey indicating all exisiting and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

Review procedure.

A conditional use application shall not be considered to be administratively complete until all items required by this article, including the filing fee, have been received by the Township. The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted, the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the Township Solicitor, the Township Engineer, each member of the Planning Commission, and each member of the Board of Commissioners.

The Planning Commission shall review the application and forward its recommendation to the Board of Township Commissioners.

The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's administratively complete application, unless the applicant has agreed, in writing, to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant, in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.

The Board of Commissioners shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Board.

Where the application is contested or denied, the Board of Commissioners' decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions, based on any provisions of this chapter or any other rule, regulation, ordinance or statute, shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.

(7)

The Board of Township Commissioners may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvements, in addition to those expressed in this chapter, as it may be deemed necessary to implement the purposes of the Municipalities Planning Code[1] and this chapter.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

(8)

All development, construction and use shall be in accordance with the approved conditional use plan unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Township Commissioners, and conditions attached by the Township Commissioners. Any development contrary to the approved conditional use plan shall constitute a violation of this chapter.

§ 675-36 Expiration of approval.

The grant of a conditional use will expire one year after the date of the Board of Commissioner's written decision, unless the applicant has applied for and obtained a building permit and commenced construction or, in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use.

§ 675-37 General standards and criteria.

Before approving a conditional use application, the Board of Commissioners shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located and that it will not substantially impair the use or development of adjacent properties. The Board of Commissioners shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development.

The proposed use complies with the objectives of this chapter.

The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable Township, county and commonwealth and federal ordinances, laws and regulations. The proposed use shall obtain applicable permits, licenses, approvals from Township, Allegheny County, commonwealth and federal agencies before final approval of the conditional use application is granted.

The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation, or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.

The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.

The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.

The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater drainage, and solid and toxic waste storage and disposal.

The proposed use provides screening or buffer areas as required by this chapter.

The proposed use and development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.

The proposed use shall be fully serviced by public utilities without reducing the level of service to the remainder of the Township.

The proposed use shall organize vehicular ingress, egress and parking to minimize traffic congestion in the neighborhood.

The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to building and grounds of adjacent owners.

The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons, and complies with the performance standards of Article VII hereof.

§ 675-38 Special standards and criteria.

For the types of uses identified in this article, the Board of Commissioners shall also determine that the proposed use complies with these additional standards.

Standards for group residences and family boarding homes.

Group residences and family boarding homes are allowed as conditional uses only in the zoning districts listed in this chapter.

In order to prevent the concentration of group residences or family boarding homes in a neighborhood and to avoid impacting existing residences, no group residence or family boarding home may be located within the same block or within 1,000 feet, whichever is more, of a similar facility, nursing or convalescent home, or institutional facility.

Off-street parking requirements for a single-family home shall apply, provided that at least one space is provided per resident supervisor or full-time staff member, and one space per two residents where the facility includes residents capable of operating a motor vehicle.

Minimum lot area, yard setback and structural heights shall be as prescribed for single-family dwellings in the district where the property is located, unless otherwise stated in this chapter. The Board of Commissioners may reduce these dimensions when the group residence or family boarding home is to be located in an existing structure.

Change of sponsorship or of any other condition contained in the original approval of the group or family boarding facility shall constitute a new use, and the procedure for obtaining conditional use approval of a new facility shall be executed.

The operator of the group residence or family boarding home shall obtain any required licenses or certifications from the appropriate commonwealth or county agency prior to the conditional use approval. In no case shall an occupancy permit be granted for the facility until proof of such licenses or certifications has been filed with the Township.

Day-care centers, private schools for pre-primary-age children.

The operator of the day-care center or school shall obtain the required licenses and approvals from the appropriate commonwealth agencies prior to approval of the conditional use application and/or the occupancy permit.

The proposed facility shall provide parking in compliance with this chapter, and parking areas, regardless of the number of cars, shall be screened as prescribed by § 675-28B(6) of this chapter.

Manufactured (or mobile) home parks.

A manufactured home park shall have principal access from a street or highway capable of handling the traffic generated by the park and providing adequate access for the individual mobile units without impairing the normal traffic operations of the street or highway.

Ten percent of the park's gross site area shall be set aside for common open space, including recreation areas, community buildings, storage facilities for park residents, laundry facilities, management offices for the park, and storage of park maintenance equipment.

All internal roads and parking areas shall be improved with an all-weather, dust-free surface. Internal roads shall be designed to meet anticipated traffic loads and shall have a minimum cartway width of 28 feet.

Screening around the entire perimeter of the mobile home park shall be provided as follows:

Screens shall be provided along perimeter lines of the mobile home park, including public rights-of-way. Such screens shall be one, or a combination, of the following:

A continuous planted strip of at least 12 feet in width and not less than six feet in height, and of such species and size of plants so as to provide an effective year-round visual screen within three years of planting.

(c)

Natural or artificial land forms, including natural slopes and wooded areas, may be used to achieve visual screening, provided such areas are preserved from future development by easement, deed restriction, covenant or similar measure.

(d)

Decorative fencing may be used as a screen along public rights-of-way.

(e)

The maintenance plan for common open space and facilities in the mobile home park shall include provisions for the continuing maintenance of all planted screens and fencing. If any plant dies within the one year of planting, it shall be replaced.

The park operator shall obtain required permits and approval from the Pennsylvania Department of Environmental Protection, Allegheny County, and Township agencies for the sanitary sewer and water supply systems.

A park shall have an erosion and sedimentation plan in compliance with Pennsylvania Department of Environmental Protection regulations and reviewed by the Allegheny County Conservation District and approved by the Township Engineer.

(7)

Landscaping and planting shall be provided throughout the mobile home park at a ratio of at least two deciduous trees and four deciduous and/or evergreen shrubs per mobile home.

(8)

No individual mobile home shall be closer than 20 feet to any street right-of-way or to any property line of the park, nor shall any unit be located within a 100-year floodplain as designated on the Zoning Map.[1]

[1]

Editor's Note: The Official Zoning Map is available via the Township website.

(9)

The following lot area and setback requirements shall apply for individual home lots:

Lot area: 5,000 square feet.

No mobile home unit shall be sited to be within 15 feet of any other unit or accessory structure.

(10)

An enclosure of compatible design and material shall be erected around the entire base of each mobile home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. The hitch which is employed for the normal movement of the unit shall be removed.

(11)

No mobile home shall be erected on a mobile home lot except upon a mobile home pad. Each mobile home unit shall have its own separate pad.

Each mobile home pad shall be at least equal in length and width to the dimensions of the mobile home to be placed on the pad.

The pad, at least six inches in thickness, shall be constructed from either concrete, asphalt, or other material adequate to support the mobile home and to prevent abnormal settling or heaving under the weight of the home. In order to prevent wind overturn and rocking, the corners of the mobile homes shall be secured with at least six tie-downs, such as concrete "dead men," screw augers, arrowhead anchors, or other devices suitable to withstand a tension of at least 2,800 pounds.

(c)

Each mobile home shall be set level on sturdy and substantial supports.

(12)

Two off-street parking spaces shall be provided for each mobile home lot. Parking areas shall comply with § 675-28 of this chapter.

(13)

The design, installation and construction, and maintenance of this storage and handling of liquefied petroleum gases shall conform to the Act of Pennsylvania Legislature 1951, December 27, P.L. 1793, as it may be amended,[2] and to all applicable regulations of the Pennsylvania Department of Labor and Industry.

[2]

Editor's Note: See 35 P.S. § 1329.1 et seq.

Video game and amusement arcades.

No video game or amusement arcade, as defined by this chapter, shall be located within 1,000 feet of a public or private school, church, public recreation area, medical building or within 300 feet of the boundary of any R-1 or R-2 Zone. This distance shall be measured from the entrance/exit of the facility in the most direct line or route on, along or across the streets adjacent to the facility, to any school, church, medical building, recreation area or residential zone.

The proposed facility shall comply with all provisions of Township Ordinance No. 417, providing for the regulation and licensing of arcades.

Adult use businesses.

The Board of Commissioners shall review conditional use applications for adult use businesses in light of two major community objectives:

To prevent a concentration of these uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several are located in close proximity of one another.

To prevent such uses from having a deleterious effect upon adjacent uses or from contributing to the blighting or downgrading of surrounding neighborhoods and the loss of property values. These objectives are especially important due to the Township's small, compact development pattern, where residential areas and public/civic uses are immediately adjacent to, and often intermingled with, commercial and industrial areas.

No adult use shall be located within, nor closer than, 1,000 feet of any other adult use business.

No adult use business shall be located within, nor closer than, 500 feet of an existing school, place of worship, public recreational area, public building or facility.

No adult use business shall be located within, nor closer than, 50 feet of the boundary of any residential district.

No adult use business shall be located within, nor closer than, 500 feet of any video game or amusement arcade, as defined by this chapter, or any establishment licensed by the Pennsylvania Liquor Control Board.

An adult use business shall be limited to one exterior sign which shall comply with the size and placement standards contained in § 675-26 of this chapter. Said sign shall not include any depiction, description, illustration of or language relating to any specified sexual activities or specified anatomical areas, as defined by this chapter. This provision shall apply to any display, decoration, sign, show window or other opening which is observable from a public street or any property that is not used as an adult use business. For the purposes of this subsection, distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as an adult use business to the nearest property line of a premises (e.g., school, park) to which a distance restriction applies under the terms of this subsection.

§ 675-39 Gasoline service stations.

The proposed facility shall comply with the provisions of Article IV, § 675-31 of this chapter.

§ 675-40 Communications antennas.

Communications antennas mounted on an existing building or existing public utility storage or transmission structure, subject to:

Building-mounted antennas shall not be permitted on any single-family or two-family dwellings.

The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

Building-mounted antennas shall be permitted to exceed the height limitations of the district by no more than 20 feet. Antennas mounted on an existing public utility storage or transmission structure shall not project more than 20 feet above the height of the tower.

Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.

Directional or panel antennas shall not exceed five feet in height or two feet in width.

Satellite and microwave dish antennas mounted on the roof of a building or on an existing public utility storage or transmission structure shall not exceed six feet in diameter.

Satellite and microwave dish antennas mounted on an existing building or existing public utility storage or transmission structure shall not exceed two feet in diameter.

The applicant proposing a building-mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building, considering wind and other loads associated with the antenna's location.

Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Township.

The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required or available for other uses on the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.

Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot-high chain link security fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjoining residential property, the equipment cabinet or equipment building shall be screened by a minimum six-foot-high compact evergreen hedge.

If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided which has a minimum width of 20 feet and which shall be improved with a dust-free, all-weather surface for its entire length.

At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.

§ 675-41 Communications towers.

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications antenna.

Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-fourth-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply.

The proposed equipment would exceed the structural capacity of the existing building, tower or other structure, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure, and the interference cannot be prevented at a reasonable cost.

Existing buildings, communications towers or other structures do not have adequate space to accommodate the proposed equipment.

Addition of the proposed equipment would result in NIER (noniodizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

An economically reasonable agreement could not be reached with owners of such towers or structures.

The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards nor or hereafter established by the Federal Communications Commission (FCC).

The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

The maximum height of a communications tower shall be 150 feet.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

All parts of the communications tower, including guy wires, if any, shall be set back from the property line at least 100 feet, except for guyed towers, which shall be set back a distance equal to the height of the tower. If the tower is located on property which adjoins property in any RC, CD or R Zoning District, the setback shall be at least 200 feet. Where the communications tower is located on a leased parcel within a larger tract, the setback shall be measured from the property line which separates the adjoining residentially zoned property from the larger tract controlled by the lessor, rather than from the boundaries of the leased parcel.

The tower shall not be located within 250 feet of an existing dwelling nor within 500 feet of an existing hospital or school.

The tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum ten-foot-high chain link security fence with locking gate.

The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Township Building Code and accepted engineering practice.

Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structure.

Access shall be provided to the tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.

Recording of a plat or subdivision shall not be required for the lease parcel on which the tower is proposed to be constructed, provided the equipment building is proposed to be unmanned and the required easement agreement for access is submitted for approval by the Township.

Approval of a land development plan, prepared in accordance with the requirements of Chapter 615, Subdivision and Land Development, shall be required for all towers.

The owner of the communications tower shall be responsible for maintaining the parcel on which the tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.

The owner of any communications tower which exceeds 50 feet in height shall submit to the Township proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and reinspected and certified to the Township by a structural engineer at the owner's expense.

The owner of the communications tower shall notify the Township immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations if there is no intention to continue operations, evidenced by the lack of an application to the Township to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 675-78 of this chapter.

All tower structures shall be fitted with anticlimbing devices as approved by the manufacture for the type of installation proposed.

All antennas and tower structures shall be subject to all applicable Federal Aviation Administration (FAA) and airport zoning regulations.

No sign or other structure shall be mounted on the tower structure, except as may be required or approved by the FCC, FAA or other governmental agency.

The exterior finish of the tower shall be compatible with the immediate surroundings. The tower, the equipment cabinet or equipment building and the immediate surroundings shall be properly maintained.

The base of the tower shall be landscaped suitable to the proposed location of the tower, if the base of the tower is visible from adjoining streets or residential properties.

At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers. Manned equipment buildings shall provide one parking space for each employee working on the site.

No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

§ 675-42 Comparable uses not specifically listed.

Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the Zoning District in which the property is located shall be allowed, if the Board of Commissioners determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the zoning district. In making such determination, the Board shall consider the following characteristics of the proposed use:

The number of employees;

The floor area of the building or gross area of the lot devoted to the proposed use;

The type of products, materials and equipment and/or processes involved in the proposed use;

The magnitude of walk-in trade; and

The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 675-65 of this chapter.

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

The proposed use shall comply with any applicable express standards and criteria specified in this article for the most nearly comparable use proposed.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

§ 675-43 Hospital or nursing home.

The minimum lot area required for a hospital shall be 10 acres. The minimum lot area required for a nursing home shall be two acres.

The property shall be served by public water and public sewers.

All hospitals and nursing homes shall be licensed by the commonwealth and the license shall be maintained throughout the occupancy. Failure to maintain the license shall be grounds for revocation of the certificate of occupancy.

Water pressure and volume shall be adequate for fire protection.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

The parking and circulation plan shall be referred to the Township police department and volunteer fire company for comments regarding traffic safety and emergency access.

Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

All property lines adjoining residential use or zoning classification shall be screened by buffer area "B", as defined by § 1502.1 of this chapter.[1]

[1]

Editor's Note: So in original. Buffer area "B" is not defined in this chapter, and no such section exists.

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the United States Environmental Protection agency (EPA).

A private-use helipad for air ambulances shall be permitted as part of a hospital, provided all of the following criteria are met:

Helipads accessory to a hospital shall be limited to use by emergency vehicles and health system personnel.

The helipad shall be located at least 250 feet from any property line or public street.

Evidence of compliance with all applicable regulations of the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation Bureau of Aviation shall be submitted.

The helicopter landing pad shall be clearly marked with the insignia commonly recognized to indicate a private use helipad.

The helicopter landing pad shall be paved, level and maintained dirt-free. Rooftop pads shall be free of all loose stone and aggregate.