Darby City Zoning Code
ARTICLE XVII
Procedures and Standards for Special Exceptions
§ 153-125 Purpose.
The purpose of this article is to provide procedures and standards for the approval of uses permitted by special exception. In these cases, the Zoning Hearing Board may attach reasonable conditions and safeguards, in addition to those expressed in this article, as it may deem necessary to implement the purposes of this chapter and those of the Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 153-126 General requirements for review of uses permitted by special exception.
See Article XXI, § 153-161B.
§ 153-127 Requirements for special exceptions where specific dimensional standards are not provided.
In cases where this chapter does not provide specific dimensional standards for uses permitted by special exception the following general dimensional standards will be applied by the Zoning Hearing Board:
A.
In residential districts, the area, bulk and any other applicable requirements shall be not less than those for single-family dwellings in the district where the use is proposed.
B.
In nonresidential districts, the area, bulk and any other applicable requirements shall be not less than those listed for nonresidential structures for the district within which the special exception is being proposed.
C.
The Zoning Hearing Board may require additional, reasonable but more stringent requirements than those in Subsections A and B above as per Article XXI.
D.
All the requirements of Article XIV, Parking Regulations, must be followed.
§ 153-128 Residential conversions.
Conversions of single-family residential structures shall be allowed by special exception in the R-2 Residential District and shall comply with all applicable provisions of said district in addition to the following requirements:
A.
For a single-family dwelling to be converted, the size of all resulting dwelling units must have a minimum floor area of 1,000 square feet per unit.
B.
Each unit shall be a complete, self-contained housekeeping unit that is separate from every unit.
C.
The maximum number of resulting individual, self-contained dwelling units shall be three.
D.
Separate entrances to the outside or to a common hallway opening to the outside shall be provided.
E.
All conversions on lots where there is currently no sidewalk shall install a sidewalk with handicapped curb cut ramps at the crosswalks.
F.
No external alterations inconsistent with the residential use or architectural character of the dwelling shall be permitted.
G.
All utility infrastructure and connections shall meet the standards and requirements of the applicable utility company and the Borough.
H.
Applications for conversions shall be submitted to the Zoning Officer on a Borough-approved application form and fee.
I.
Applications for conversions shall contain the following information items:
(1)
Floor plan showing the layout, including all dimensions of each unit.
(2)
Site plan drawn to scale, showing and locating the dwelling and other existing buildings and accessory structures; all property lines; any proposed additions; building setback lines; location, size and extent of all underground utilities; length, width and function of all rights-of-way and easements; number and location of parking spaces; and the one-hundred-year floodplain.
J.
The Zoning Officer may inspect any conversion for compliance with the Borough Zoning, building, maintenance, and any other applicable Borough codes, provided that a twenty-four-hour notice is given.
§ 153-129 Major home occupations.
Major home occupations shall be permitted as a special exception in the R-1, R-2 and R-3 Districts:
A.
The occupation shall be conducted entirely within the dwelling and shall be clearly incidental and secondary to the residential use of the dwelling.
B.
Only one occupation per dwelling shall be permitted.
C.
Not more than two persons other than a resident shall be engaged as an employee or volunteer.
D.
Not more than 25% of the gross floor area of the dwelling shall be used for the home occupation, except that up to 50% may be used in the case of doctors or dentists. Areas used for storage shall be included in this calculation.
E.
No external alterations inconsistent with the residential use shall be permitted.
F.
There shall be no display of materials or products visible from outside the dwelling.
G.
No noise, vibration, smoke, glare or any other impact shall be noticeable at or beyond the property line.
H.
There shall be no outdoor storage of equipment, materials or supplies.
I.
Major home occupations shall not be permitted in multifamily dwellings.
J.
Parking shall be provided, subject to Article XIV.
K.
A home occupation shall in no case be operated before 8:00 a.m. or after 6:00 p.m.
L.
All home occupations shall be subject to periodic inspection by the Zoning Officer.
M.
A special exception shall not be granted when it appears to the Zoning Hearing Board that the proposed major home occupation 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, noise, odor or other negative circumstances.
§ 153-130 Public parking garage, deck or surface parking area.
A public parking garage, deck or surface parking lot shall be permitted as a principal use on a lot as a special exception in the HC Highway Commercial District, subject to the following regulations:
A.
The lot size shall be between 8,000 and 15,000 square feet.
B.
The height of a parking structure shall not exceed 35 feet or three stories.
C.
Parking garages or decks shall have awnings, landscaping elements, street furniture, and other design treatments to create the appearance of an occupied building.
D.
Vehicles shall be visually screened from adjacent buildings and the street, and such screening shall be in keeping with the remainder of the structure's architectural style and materials.
E.
Any public parking garage shall provide bicycle parking at the ratio of one bicycle space per 20 vehicle spaces, or a minimum of two spaces. These spaces shall be located on a paved surface within the garage. Bicycle parking shall also be in accordance with the provisions of Article XIV.
F.
Surface parking lots shall be subject to the requirements of §§ 153-89, 153-90, 153-91 and 153-93.
§ 153-131 Religious use.
Churches, synagogues, mosques and other religious uses, including rectories, classrooms for instruction, or similarly customary religious activities shall be permitted as a special exception in the R-1, R-2, R-3, R-4 and HC Highway Commercial District subject to the following regulations:
A.
Lot area: 1/4 acre minimum.
B.
Front yard: 15 feet.
C.
Side yard: 15 feet.
D.
Rear yard: 15 feet.
E.
Building coverage: 55% maximum.
F.
Impervious surface: 75% maximum.
G.
A planted visual screen and landscaping shall be in accordance with §§ 153-117 and 153-118.
H.
Parking and signage shall be in accordance with Articles XIV and XV, respectively.
§ 153-132 Educational use.
An educational use such as a primary school and its related administrative offices, but not including business and trade schools, shall be permitted as a special exception in the R-2 and R-3 Residential Districts, subject to the following regulations (requirements are minimums unless stated otherwise):
A.
Lot size: two acres.
B.
Lot width: 150 feet.
C.
Front yard: 50 feet on each side abutting the lot.
D.
Side yards: 30 feet.
E.
Rear yards: 50 feet.
F.
Building coverage: 40% maximum.
G.
Impervious surface: 60% maximum.
H.
Height: 50 feet maximum.
I.
Parking: as required in Article XIV.
J.
Signs: as required in Article XV.
§ 153-133 Hotel or motel.
A hotel or motel or bed-and-breakfast inn shall be permitted as conditional use in the TOD Transit Oriented Development Overlay District and a hotel or motel as a special exception in the HC Highway Commercial District, subject to the following requirements:
A.
The applicable dimensional standards for mixed-use buildings in the TOD District shall apply.
B.
Development and design shall be in accordance with the standards of § 153-83.
C.
Parking shall be in accordance with Article XIV.
D.
Signs shall be in accordance with Article XV.
E.
All other applicable provisions of the TOD and HC Districts shall apply to hotels and motels.
§ 153-134 Private clubs.
Private clubs shall be permitted by special exception in the CBD Central Business District and by right in the HC Highway Commercial District in accordance with the following requirements:
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 of the club shall be for members or their guests only.
D.
No club shall provide for eating or dining except on an incidental basis.
§ 153-135 Private outdoor recreational facilities including swim clubs.
A private outdoor recreational use, including a swim club, shall be allowed as a special exception use in the INS Institutional District only, subject to the following provisions:
A.
Swimming pools shall not be located less than 20 feet from any property line.
B.
No swimming pool shall be located under electric or utility lines.
C.
A plan and sketch for all public and private outdoor recreational facilities shall be submitted to the Borough prior to new development or alteration to existing facilities.
D.
Private outdoor recreational facilities shall comply with all other applicable local regulations.
§ 153-136 Adult entertainment uses.
Adult entertainment uses shall be permitted by special exception in the IND Industrial District only in accordance with the following requirements:
A.
No such establishment shall be located within 200 feet of a school, church, public library, day-care center or public playground or park.
B.
No such establishment shall be located within 500 feet of any existing adult use.
C.
Adult entertainment uses shall be housed in completely enclosed buildings, designed and used in a manner that the viewing of adult use activities or materials from outside the building shall not be possible.
D.
No exterior display of products, activities or shows shall be permitted except for a sign. In addition to the requirements of Article XV of this chapter, a sign for an adult entertainment use shall meet the following requirements:
(1)
The sign shall only identify the name of the establishment and/or its hours of operation.
(2)
The area of the sign shall not exceed 40 square feet.
E.
No person under the age of 18 shall be permitted in an establishment containing an adult use or sold any pornographic material.
F.
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or object, from the nearest portion of the building or structure containing an adult entertainment use to the nearest property line of the premises of a place of worship, school, child day-care facility, or the nearest park or playground.
§ 153-137 Gasoline service stations.
Gasoline service stations are permitted by special exception in the HC Highway Commercial District only and shall comply with the following requirements:
A.
All pumps and principal buildings shall be located not less than 30 feet from all property lines.
B.
All pumps shall be located outside of buildings.
C.
All fuel containers in excess of 100 gallons shall be located underground.
D.
No service station shall be located within 300 feet of a school, church, day-care center, nursing home, hospital or place of public assembly having a capacity of more than 50 persons. The required 200 feet shall be measured at the shortest distance between the service station property and any of the above-noted uses.
E.
Hydraulic lifts, work pits, and all lubrication, greasing, washing and repair equipment shall be entirely enclosed within a building.
F.
Exterior lighting shall be shielded so that it is deflected from adjacent or nearby properties and from motorists on public streets.
G.
Service stations shall also comply with all applicable regulations of the Fire Marshal Division of the Pennsylvania State Police and with those of any other applicable state or federal agency.
§ 153-138 Car washes.
A car wash establishment shall be permitted as a special exception in the HC Highway Commercial District only, subject to the following regulations:
A.
Exterior lighting shall be shielded or deflected from adjacent or nearby properties and public sidewalks and streets.
B.
The facility shall be designed to accommodate not less than six waiting vehicles on the property.
C.
A planted visual screen shall be provided around the property in accordance with § 153-118.
D.
Where appropriate, the facility shall be designed and/or screened so that the headlights of automobiles approaching, waiting, or exiting the facility do not shine directly on adjacent properties.
§ 153-139 Multiple drive-through facilities for restaurants or banks.
Multiple-lane drive-through facilities shall be allowed by special exception in the HC Highway Commercial District subject to the provisions of § 153-50H.
§ 153-140 Funeral home or mortuary.
A funeral home or mortuary shall be permitted only as a special exception in the HC Highway Commercial District, subject to the following regulations:
A.
The site shall be located so as to have one property line abutting a major or secondary thoroughfare.
B.
Adequate points of access shall be provided to and from any major or secondary thoroughfare.
C.
No building shall be located within 30 feet of a residential district.
D.
Where a funeral home or mortuary abuts a residential district, a planted visual screen, subject to the provisions of § 153-118, shall be employed.
E.
Parking shall be in accordance with Article XIV.
§ 153-141 Recycling facilities.
Three types of recycling facilities are permitted in the Borough: small collection facilities, standard collection facilities and processing facilities. Small collection facilities shall be permitted as an accessory use on public land only in R-1, R-2 and R-3 Residential Districts and as an accessory use in all nonresidential districts. Standard collection facilities shall be permitted by special exception in the HC Highway Commercial District and by right in the IND Industrial District. Recycling processing facilities shall be permitted by right in the IND Industrial District.
A.
No collection or processing facility shall be located less than 30 feet from a public street to ensure safety.
B.
Small collection facilities may be placed on surplus parking spaces.
C.
Parking for recycling facilities shall be provided in accordance with applicable provisions of Article XIV.
D.
Standard collection and processing facilities shall be placed not less than 150 feet from a residential property.
E.
Trash and debris on site shall be cleaned up on a daily basis.
F.
The name and phone number of the business or person responsible for the operation and maintenance of the collection facility will be displayed on the containers.
G.
Overnight collection areas shall be adequately lighted, well kept and secure from unauthorized entry.
H.
Collection facilities and processing facilities shall provide sufficient room to accommodate customers and business traffic.
I.
Collection facilities and processing facilities will operate in an enclosed building or be screened as required in § 153-54B or 153-71B, whichever applies.
J.
Certification and permits shall be obtained as required from the appropriate local, state or federal agencies.
§ 153-142 Family day-care homes.
Family day-care homes, as defined in Article II, shall be permitted by special exception in the R-1, R-2 and R-3 and R-4 Residential Districts, subject to the following requirements:
A.
Family day-care homes must comply with all current and applicable regulations of the Pennsylvania Department of Public Welfare (DPW), any other applicable state and local building and firesafety codes, as well as all applicable provisions of this chapter.
B.
No more than two family day-care homes shall be allowed along any one block within the Borough. For purposes of family day-care homes, a block shall be defined as two opposite sides of a street between two intersections with defined numerical address range, such as the "100 block" or the "100 to 145 block."
C.
The facility must hold an approved and currently valid registration certificate from DPW.
D.
The operator of the facility will allow the ZO or other appropriate official to enter the property at reasonable times for inspection for compliance with the provisions of this section of the Zoning Ordinance and other applicable municipal and state ordinances and regulations.
E.
The area for pickup and discharge of children must be free from traffic hazards. Where such an area cannot be provided on site, the applicant must demonstrate that a safe pickup and discharge area can be provided and used within 250 feet of the property line of the proposed facility.
F.
Any outdoor play area for children must be enclosed with a fence, which shall be at least four feet high and which shall extend to the ground so as to prevent children from crawling underneath said fence.
G.
Any addition or improvement to the facility shall preserve the building's appearance and exterior design, including landscaping and screening, so that it shall be compatible and consistent with the surrounding residential character. The facility also shall have no sign that is inconsistent with the residential character of the neighborhood. Sign regulations applying to family day-care homes shall be those for a home occupation, as indicated in § 153-99A(4).
H.
Outdoor play activities shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service.
I.
No portion of the facility shall be located within 300 feet from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines or tanks, truck or rail loading areas, etc.
