The purpose of this chapter is to provide conditions and standards for uses permitted by special exception or by condition. In the case of both methods, the governing body or the Zoning Hearing Board, as the case may be, may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this Zoning Code and those of the Planning Code, Act 247, as amended, being 53 P.S.§§ 10101 et seq.

(Ord. 896, passed 12-21-2011)

   (a)   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:

      (1)   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, lakes, wetlands, slopes and mature trees;

      (2)   The proposed use, if compatible with the character of the surrounding neighborhood, 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)   The proposed conditional use will serve the best interest of the township, convenience of the community, and the public health, safety and welfare;

      (4)   The proposed use is consistent with the Multi-Municipal Comprehensive Plan for Aston, Lower Chichester and Upper Chichester Townships, 2005;

      (5)   The proposed use promotes orderly development, proper population density and the provision of adequate community facilities and services, including police and fire protection;

      (6)   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; and

      (7)   The proposed use will provide for adequate off-street parking, as required in Chapter 1284.

         A.   In allowing a conditional use, the Board of Commissioners may attach such reasonable conditions and safeguards, in addition to those expressed in this Zoning Code, as it may deem necessary to implement the purposes of this Zoning Code and those of the Planning Code.

         B.   Financial hardship shall not be construed as a basis for granting a conditional use.

(Ord. 896, passed 12-21-2011)

   In cases where this Zoning Code does not provide specific dimensional standards for uses permitted by special exception or conditional use, the following general dimensional standards will be applied by the Zoning Hearing Board (ZHB) or the Board of Commissioners.

   (a)   In residential districts, the area, bulk and any other applicable requirements shall be not less than those for single-family dwellings in that district or in the next more restrictive district in which single-family dwellings are permitted.

   (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 governing body or the ZHB, whichever has jurisdiction, may require additional, reasonable, but more stringent requirements than those required in subsections (a) or (b) above, provided that the Board of Commissioners or the Zoning Hearing Board makes one or more of the following determinations. That the requirements of subsections (a) and (b) above are clearly:

      (1)   Insufficient to accommodate the proposed building, facility or use, and that larger dimensional requirements would substantially alleviate that condition;

      (2)   Insufficient to provide adequate area for parking and loading, as required by Chapter 1284, and that larger dimensional requirements would substantially alleviate that condition; and

      (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.

   (d)   All parking requirements of Chapter 1284 must be followed.

(Ord. 896, passed 12-21-2011)

   Professional home offices shall be permitted only by special exception 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 12,500 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)   Except for signs, there shall be no external alterations/additions inconsistent with the residential character of the structure.

   (e)   Signs shall be in accordance with Chapter 1282.

   (f)   Off-street parking shall comply with Chapter 1284.

   (g)   There shall be no outdoor display or storage of products.

   (h)   The office shall in no case be operated before 8:00 a.m. or after 9:00 p.m..

   (i)   The practitioner must reside on the property.

   (j)   All professional offices shall be subject to periodic inspection by a local official.

   (k)   A special exception shall not be granted when it appears to the Zoning Hearing Board that the proposed professional home office will constitute a fire hazard to neighboring residences, adversely affect neighboring property value or constitute a nuisance or otherwise be detrimental to the neighborhood because of excessive traffic, parking, noise, odor or other negative impacts.

(Ord. 896, passed 12-21-2011)

   Child day care centers shall be permitted by right in the ID Institutional district and as a special exception in SC Shopping Center district, C Commercial District and the LI Limited Industrial District.

   (a)   Child day care centers shall accommodate seven or more children, as defined in Chapter 1250.

   (b)   Where permitted in a given district, the child day care center may be part of a church, school or other institution. In all districts where permitted, the facility may be an independent use. These facilities are not permitted as part of a residence.

   (c)   Minimum lot size shall be not less than 750 square feet per child, and shall in no case be less than that required by the district in which the facility is located.

   (d)   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.

   (e)   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.

   (f)   No day care center shall be placed closer than 750 feet from another day care center.

   (g)   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.

   (h)   The Zoning Hearing Board may require planting and screening consistent with the character of uses adjacent to the facility.

   (i)   Outdoor play activities shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

   (j)   Signs shall comply with Chapter 1282.

   (k)   Parking shall be provided in accordance with Chapter 1284.

   (l)   Each facility shall be fully protected by smoke detectors and fire extinguishers.

   (m)   Each facility shall provide for the discharge and pick up of children on a driveway, approved parking area or directly in front of the facility. In any case, the area selected for discharge and pick up must be free from traffic hazards to children.

   (n)   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.

   (o)   Each facility must hold an approved State Department of Public Welfare license and meet all current DPW regulations and any applicable state or local building and fire safety codes.

   (p)   Where the foregoing regulations differ from those of the State Department of Public Welfare, the more stringent regulation shall apply.

   (q)   A permit for operation shall be obtained from the township.

(Ord. 896, passed 12-21-2011)

   Continuing care facilities shall be permitted as a conditional use in the R-1 District only.

   (a)   Permitted uses.

      (1)   Residential living units; and

      (2)   Skilled nursing facilities.

   (b)   Accessory uses.

      (1)   Common dining facilities;

      (2)   Physical therapy facilities;

      (3)   Auditoriums;

      (4)   Recreational facilities;

      (5)   On-site service shops, e.g., barber/beauty shop;

      (6)   Administrative offices; and

      (7)   Other ancillary facilities deemed appropriate by the Board of Commissioners.

   (c)   Tract size. A minimum tract size of 20 acres shall be provided.

   (d)   Density. Gross density shall not exceed six units per acre.

   (e)   Spacing. No continuing care facility shall be located within one mile of an existing facility.

   (f)   Building coverage and impervious surfaces. Areas covered by buildings shall not exceed 20 of the tract area and areas covered with impervious surface shall not exceed 45% of the tract area.

   (g)   Perimeter setbacks. Where the perimeter of the tract abuts a single-family district, a 75-foot perimeter setback shall be required for all structures. Where the perimeter of the tract abuts any other district, a 50-foot perimeter setback shall be required.

   (h)   Planted buffer. A planted buffer, as defined in § 1250.07(b), shall be placed around the entire facility except where breaks in such buffer are necessary for pedestrian or vehicular access.

   (i)   Distance between buildings. There shall be a minimum distance between buildings of not less than 35 feet.

   (j)   Height. No building shall exceed two stories or 35 feet.

   (k)   Parking. Parking shall be provided in accordance with Chapter 1284.

(Ord. 896, passed 12-21-2011)

   Gasoline dispensing stations shall be permitted as a conditional use in the C Commercial District.

   (a)   A set of plans, specifications and plot plans shall be submitted to the Board of Commissioners showing all structures, pumps, storage tanks, parking areas and driveways for ingress and egress.

   (b)   All pumps shall be located outside of buildings, on private property and in no case within 20 feet of any street right-of-way line, subject to such conditions and safeguards as the Board of Commissioners may impose with respect to, among other matters, the location and adequacy of entrances and exits.

   (c)   All automobile parts, dismantled vehicles and similar articles shall be stored within a building; all fuel, oil, or other similar substances shall be stored at least 35 feet from any street right-of-way and ten feet from any lot line; and all volatile fuel containers in excess of 100 gallons shall be located underground.

   (d)   In no event shall a permit be granted for such a use located within 500 feet of a school, hospital, infirmary, church, museum, club or place of public assembly having the capacity of over 100 persons; a gasoline dispensing station shall not be deemed nonconforming through the subsequent erection of the above uses.

(Ord. 896, passed 12-21-2011)

   (a)   Large collection facilities shall be permitted by special exception in the C Commercial, SC Shopping Center and PBC Planned Business Campus Districts.

   (b)   Processing facilities shall be permitted by conditional use in the C Commercial District and by right in the LI Limited Industrial District.

   (c)   Small collection facilities shall be permitted as accessory uses as listed in individual districts.

      (1)   Collection facilities shall be located not less than 25 feet from the road in order to assure safety.

      (2)   Small collection facilities may be located in surplus parking spaces.

      (3)   Parking shall be provided in accordance with Chapter 1284.

      (4)   No recycling facility shall be closer than 150 feet from a residential property.

      (5)   Trash and debris shall be cleaned up on a daily basis.

      (6)   The name and phone number of the person responsible for the collection facility will be displayed on the containers.

      (7)   Overnight collection areas shall be adequately lighted, well kept and secure from unauthorized entry.

      (8)   Collection facilities and processing facilities shall provide sufficient room to accommodate customers and business traffic.

      (9)   Large 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.

      (10)   Certification and permits shall be obtained as required from the appropriate local, state or federal agencies.

(Ord. 896, passed 12-21-2011)

   Adult day care centers shall be permitted as a special exception in the R-1, R2, R-3 and SC Shopping Center Districts.

   (a)   There shall be a distance of at least 750 feet between adult day care centers (ADCs) in the R-1 Residential District.

   (b)   Each ADC shall contain not less than 50 square feet of indoor floor area.

   (c)   Parking shall be in accordance with Chapter 1284.

   (d)   There shall be an area designated for the discharge and pick up of clients which shall be free of hazards and which shall not interfere with street traffic.

   (e)   There shall be a planted buffer not less than five feet high along rear and side property lines adjacent to a residential district.

   (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.

   (g)   Each facility shall be licensed and approved in accordance with the State Public Welfare Code and shall comply with the applicable regulations of the State Department of Public Welfare and with those of any other applicable agency.

(Ord. 896, passed 12-21-2011)

   Private clubs shall be permitted by right in the C Commercial District and by special exception in the R-1 and R-2 Residential Districts, subject to the following regulations.

   (a)   Private clubs shall be operated for civic, cultural, educational, social or recreational purposes.

   (b)   The activity shall be noncommercial, non-profit 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.

(Ord. 896, passed 12-21-2011)

   Health clinics shall be permitted as a conditional use in the R-1 Residential District.

   (a)   A tract area of not less than ten acres shall be provided.

   (b)   The site shall have direct access to an arterial or collector road, as designated in the Multi-Municipal Comprehensive Plan for Aston, Lower Chichester and Upper Chichester Townships, 2005, as amended.

   (c)   Front yard setbacks shall be not less than 50 feet for each principal building.

   (d)   Lot frontage shall be not less than 150 feet.

   (e)   Parking shall be provided in accordance with Chapter 1284.

(Ord. 896, passed 12-21-2011)

   (a)   Educational and religious uses shall be permitted as a conditional use in the R-1 and R- 2.

   (b)   Religious uses shall be permitted as a conditional use in the R-3 High-Medium Density Residential District, subject to compliance with the following minimum requirements:

 

   (c)   Parking shall be provided in accordance with Chapter 1284.

(Ord. 896, passed 12-21-2011)

   Group-based community residence facilities shall be permitted as a special exception in the LI Limited Industrial District only, subject to the following requirements.

   (a)   Group-based facilities shall provide appropriate rooms and areas to hold group meetings and to administer examinations and therapies for treatment of 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 noted in subsection (a) above.

   (c)   These facilities must be approved by the appropriate state agency.

(Ord. 896, passed 12-21-2011)

   Accessory dwelling units (ADUs) shall be permitted as a special exception only in the R-1, R-2 and R-3 Districts.

   (a)   The accessory dwelling unit (ADU), as defined in § 1250.07, shall be a part of the principal dwelling or an addition to the principal dwelling. The ADU shall not be located in a building detached from the principal dwelling.

   (b)   The owner of the principal dwelling shall reside in the principal dwelling.

   (c)   The occupant of the ADU must be a member of the immediate family of the owner of the principal dwelling or property.

   (d)   There shall be a connecting doorway between the principal dwelling and ADU.

   (e)   The gross floor area of the ADU shall not be greater than 25% of the principal dwelling.

   (f)   In order to be eligible for construction of an ADU, the lot shall have a minimum area of 10,000 square feet.

   (g)   Not more than one ADU shall be created on a lot.

   (h)   If the ADU is in form of an addition, such addition shall not cause the combined buildings on the lot to exceed the maximum building coverage or impervious surface limitations.

   (i)   Not more than four occupants shall inhabit the ADU, and the ADU shall not contain more than two bedrooms.

   (j)   The property on which the ADU is located may contain only one professional home office.

   (k)   There shall be two off-street parking spaces serving the ADU, in addition to the requirement for the principal dwelling.

(Ord. 896, passed 12-21-2011)

   Group day care facilities shall be permitted by special exception in the SC Shopping Center District, the C Commercial District and the PBC Planned Business Campus District, subject to the following requirements.

   (a)   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.

   (b)   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.

   (c)   Each facility shall provide for the discharge and pick-up of children on a driveway, approved parking area, or directly in front of the facility. In any case, the area selected for discharge and pick-up must be free from traffic hazards to children.

   (d)   Outdoor play activities shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

   (e)   Parking shall be in accordance with Chapter 1284.

   (f)   Signs shall be in accordance with Chapter 1282.

   (g)   All facilities shall comply with the requirements of the district in which they are located.

   (h)   All group day care facilities must be licensed by the State Department of Public Welfare (DPW).

   (i)   All such facilities must comply with all current regulations of the DPW and any other applicable state and local building and fire safety codes.

   (j)   The operator of the facility will allow the local Code Enforcement 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.

(Ord. 896, passed 12-21-2011)

   An approved conditional use shall be implemented within 12 months following the date of approval. However, the Board of Commissioners may grant an extension of time if the landowner or his or her agent requests such an extension and if good cause for the extension is shown. There are no other exceptions to this rule. If, at the end of the 12-month period, the conditional use is not implemented, and if no extension has been granted, the approval of the conditional use shall be null and void.

(Ord. 896, passed 12-21-2011)