Bradford Woods City Zoning Code
ARTICLE IV
Conditional Uses
§ 225-25 General.
Conditional uses are those uses which are generally compatible with the uses permitted in a zoning district, but require individual review of their location, design and intensity in order to ensure their appropriateness on any particular parcel of land and the compatibility of the use with adjacent uses. Conditional uses as specified in Table 1[1] may be allowed or denied by the Council after recommendations by the Planning Commission in accordance with the following criteria and provisions, and pursuant to public notice and hearing. [Note: The procedure and time limits set forth in this article are to be considered supplemental to those provided in the Municipalities Planning Code (PMPC), latest edition; in the event of a conflict the PMPC shall take precedence.]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
§ 225-26 Application.
Applications for conditional uses shall be filed with the Zoning Officer by any landowner or any tenant with the permission of such landowner, and shall be accompanied by:
A.
An application fee in an amount equal to that set by resolution of the Council.
B.
Ten copies of a site plan complying with requirements of §§ 200-8 through 200-11 of Chapter 200, Subdivision and Land Development, or its successor, and letter of application along with supporting data which shows the size, location, and topography of the site, the use of adjacent land, the proposed site, use and location of buildings; the location and proposed function of all yards, open spaces, parking areas driveways, storage areas and accessory structures, the location of all utilities, the provisions for parking, moving or loading of vehicles; and the timing of construction proposed.
[Amended 10-13-2003 by Ord. No. 386]
§ 225-27 Determination of completeness.
The Zoning Officer shall determine that the application is complete. If the Zoning Officer determines that the application is not complete, he shall notify the applicant by letter of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.
§ 225-28 Review.
A.
The Zoning Officer shall forward copies of the complete application to the Planning Commission for review.
B.
The Planning Commission shall forward its recommendation to Council within 60 days after acceptance of the complete application for review unless the applicant agrees in writing to a time extension. Failure to act within the allotted time shall be deemed to be no recommendation.
§ 225-29 Hearing and decision.
A.
The Council shall act in accordance with the PMPC, Section 913.2,[1] or the latest version thereof, for reviewing conditional use applications. [Note: The procedure and time limits set forth in this section are to be considered supplemental to those provided in the Pennsylvania Municipalities Planning Code (PMPC), latest edition. In the event of a conflict the PMPC shall take precedence.]
[1]
Editor's Note: See 53 P.S. § 10913.2.
B.
Any applying landowner shall have the burden of proof to show compliance with the general criteria applicable to conditional uses.
C.
The Council 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 deem necessary to implement the purposes of the MPC and this chapter.
§ 225-30 Criteria for approval.
A conditional use shall be approved only if it is found to meet the following criteria:
A.
The proposed use shall conform to the district and conditional use provisions and all other regulations of this chapter.
B.
The proposed use shall meet all special standards which may be applied to its class of conditional uses set forth in this article.
C.
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 shall comply with the performance standards of § 225-22.
D.
The proposed use shall be sited, oriented and landscaped so that the relationship of its buildings and grounds to adjacent buildings and properties does not impair health, safety or comfort and does not adversely affect values of adjacent property.
E.
The proposed use shall produce a total environmental effect which is consistent with, and not harmful to, the environment of the neighborhood.
F.
The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.
G.
The proposed use shall promote the objectives of this chapter and shall be consistent with the Borough Comprehensive Plan.
§ 225-31 Time limits on approval.
A.
A conditional use approval shall lapse and become null and void if the applicant or a successor-in-interest has failed to file an application for a building permit, or for an occupancy permit if no building permit is required, within one year after the date of approval of the conditional use. The Borough Council may grant an extension of this time limit for up to one additional year, in its discretion, upon receiving a written request from the applicant at least 30 days before the expiration of the original time limit.
B.
If at any time after a conditional use is approved the applicant is found to be in violation of any of the conditions to the approval, the standards of this section, or other standards or requirements of this chapter, the recipient of the conditional use approval shall be subject to revocation of the conditional use approval.
§ 225-32 Appeals.
All appeals from decisions rendered under this article shall be taken to the Court of Common Pleas.
§ 225-33 Small community residential facilities.
A.
Statement of intent. It is our desire to enable groups of individuals (elderly, etc.) to live together as a "family unit" in a setting that is consistent with the character of existing single-family neighborhoods in the Borough.
[Amended 9-10-2007 by Ord. No. 412]
B.
Definition: a residence being inhabited by a group of persons, determined by house size constituting a family, with a sense of permanency, sharing common facilities for eating, care and leisure activities, as to which living expenses are shared by the inhabitants and which is neither operated for profit or otherwise as a commercial enterprise nor as a penal or detention facility or as an alternative to same. For the purpose of this section, “small community residential facilities” shall not be deemed to include, for example but not limited to, rooming houses or boardinghouses, fraternities, sororities, clubs, monasteries or convents, hotels or nursing homes.
C.
Small community residential facilities shall be permitted in all zoning districts only as a conditional use upon proper application and approval by the Borough Council pursuant to this article.
D.
Location/conditions.
(1)
Only one small community residential facility will be permitted within a radius of 2,500 feet of any existing facility or comparable facility however located.
(2)
Small community residential facilities shall be residential in use for all purposes. This provision shall be satisfied by constructing the subject dwelling unit to be compatible with the surrounding neighborhood as it relates to the following: roof style; garage orientation and access; building mass; floor area; front porches; exterior building materials; pattern of window and door openings; signage and one front entrance.
[Amended 9-10-2007 by Ord. No. 412]
(3)
Minimum lot area, setbacks, and yard sizes, maximum height of building, and minimum square footage requirements shall be the same as for other residences in the area. Small community residential facilities are subject to the same building and housing ordinances, codes and regulations as similar residences in the area.
(4)
There shall be 1/2 of an off-street parking space for each nonstaff resident and one off-street parking space for each staff resident. A minimum of two spaces shall be paved with a site space allowance for additional spaces as required by residential use.
(5)
Approval shall not be granted unless plans prepared by an architect or engineer are submitted which clearly indicate that adequate light, ventilation, and fireproofing are provided, and that the dwelling facility and its accommodations shall be functional and convenient with regard to the specific needs of the group to be housed. Approval can only be granted after Council has found that plans and programs for management of the residence are adequate and appropriate to the population to be housed and that adequate provisions have been made to assure the safety and welfare of those residents and of the adjacent neighborhood.