Darlington Township
City Zoning Code
City Zoning Code
ARTICLE XIII
Conditional Uses And Uses By Special Exception
§ 172-129 Conforming uses.
Any use which is permitted as conditional use or a use by special exception in a district under the terms of this chapter (other than a change through Zoning Hearing Board action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
§ 172-130 Procedures and criteria.
A.
Conditional uses. Where the Township Board of Supervisors, in this chapter, has stated that conditional uses are to be granted or denied by the Township Board of Supervisors pursuant to express standards and criteria, and after recommendation by the Planning Commission, the Board of Supervisors shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
(1)
Submission of application. The application to be filed by the developer for the conditional use request shall demonstrate that the development for which the conditional use is sought:
(a)
Will not endanger the public health and safety if located where proposed, and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration;
(b)
Meets all other requirements of this chapter in the zoning district where the use is proposed;
(c)
Is in general conformity with the Comprehensive Plan for the Darlington Township and in harmony with the area in which it is proposed; and
(d)
Is an appropriate use on the proposed site.
(2)
The applicant/developer shall submit drawings to scale. The drawings shall indicate the boundaries of the property, location of adjacent streets, the location and height of proposed buildings on the property, proposed grading and storm drainage, and location and number of proposed parking spaces and proposed curb cuts.
(3)
Action by the Planning Commission. Upon the filing of an application for a conditional use, the Board of Supervisors shall submit each such conditional use application to the Planning Commission at least 30 days prior to the hearing on such conditional use to provide the Planning Commission an opportunity to submit recommendations. Such recommendations shall be in writing with copies transmitted to the applicant and to the Township Board of Supervisors.
(4)
The Board of Supervisors shall commence a public hearing, pursuant to public notice, on a completed request, as determined by the Zoning Officer for conditional use within 60 days from the date of receipt of the completed request, unless the applicant agrees in writing to a time extension. Each subsequent hearing shall be held within 45 days of the prior hearing unless otherwise agreed to by the applicant. Any party aggrieved by the schedule or progress of the hearings may apply to the Court of Common Pleas for judicial relief. The hearing shall be completed no later than 100 days after the completion of the applicant's case in chief, unless extended for good cause upon application to the Court of Common Pleas. The Board of Supervisors may ask for additional information or continue the hearing, but shall render a written decision as indicated in this section within 45 days of conclusion of the hearing.
(5)
The hearing shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or where no decision is called for, the findings shall be made by the Board. However, the applicant in addition to the municipality may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
(6)
Action by the Board of Supervisors.
(a)
Within the time period set forth herein, the Board of Supervisors shall take one of the following actions:
(b)
Failure to take action within the prescribed period, including any extension, shall be deemed approval of the application as presented.
(c)
The Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. The applicant shall have 30 days in which to notify the Board of Supervisors that he accepts any attached conditions or stipulations. Failure to accept will render the approval null and void.
(7)
An applicant whose conditional use application is approved must obtain a zoning/building permit. An applicant proposing a use that is permitted only as a conditional use may submit an application for a building and/or zoning permit at the same time he or she submits the application for conditional use approval.
B.
Uses by special exception. Where the Board of Supervisors, in this chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. A special exception shall not be granted by the Board unless and until:
(1)
A written application for a special exception is submitted demonstrating that the development:
(a)
Will not endanger the public health or safety if located where proposed and that the use will not generate nuisance conditions such as traffic congestion, noise, dust, glare or vibration;
(b)
Will not cause substantial injury to the value of other property in the neighborhood where it is to be located;
(c)
Meets all requirements of this chapter in the zoning district where the use is proposed;
(d)
Is in general conformity with the Comprehensive Plan for the Township of Darlington and in harmony with the area in which it is proposed.
(2)
The developer shall submit drawings to the Board indicating the boundaries of the property, location of adjacent streets, the location and height of proposed buildings on the property with dimensions from property lines, access to the property and the location and number of proposed parking spaces.
(3)
The public hearing shall be held in accordance with § 172-159. Each subsequent hearing shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant.
(4)
The Board, before it grants a special exception, shall make findings of fact and state its reasons for granting the special exception. The Board shall have the authority to require and approve specific plans, to increase the requirements set forth in this chapter, but in no case shall the Board have the authority to decrease the requirements of this chapter for any use in the district it proposes to locate.
(5)
All conditions attached by the Board shall be entered in the minutes of the public hearing at which the special exception is granted.
(6)
The landowner shall file a request for the granting of a special exception, where such use is permitted, along with all maps, plans and text which may be necessary to explain the development proposed and its conformance with the standards and criteria of this chapter with the Zoning Officer. Said request shall be accompanied by a fee specified by the Board of Supervisors pursuant to the provisions of this chapter.
(7)
The Zoning Officer shall transmit the request and background data forthwith to the Zoning Hearing Board.
(8)
The Zoning Hearing Board shall schedule a public hearing with public notice within 60 days of receipt of said request. Any party aggrieved by the schedule or progress of the hearings may apply to the Court of Common Pleas for judicial relief. The hearing shall be completed no later than 100 days after the completion of the applicant's case in chief, unless extended for good cause upon application to the Court of Common Pleas.
(9)
Pursuant to the provisions of this article, the Board shall render a decision and inform the applicant of said decision unless by mutual consent of the Board and the applicant it is agreed to continue the proceedings.
§ 172-131 Adult businesses.
Adult businesses shall be a conditional use in the H-C Highway Commercial District.
A.
Adult businesses shall not be located within 1,000 linear feet of any property which is zoned residential.
B.
Adult businesses shall not be located within 500 feet of the property boundary line of any the following uses:
C.
No adult business shall be located within 1,000 linear feet of any other existing or proposed adult business.
D.
Any adult business which exhibits on the premises film, video cassette or other method of image production which depicts nudity or sexual conduct shall comply with the following:
(1)
At least one employee shall be on duty at all times that any patron is on the premises.
(2)
Where viewing rooms are located on the premises, an unobstructed view of access to all such rooms shall be available to the employee on duty.
(3)
No viewing room shall be occupied by more than one person at any time.
(4)
No connections or openings to adjoining viewing rooms shall be permitted.
(5)
A minimum of one footcandle of illumination, measured at floor level, shall be provided in every area where patrons are permitted access.
(6)
Where live performances are given, separate stage and viewing areas shall be provided with separate access to each and no connecting access between the areas.
(7)
Alcoholic beverages shall not be sold on the premises of an adult business.
(8)
An annual occupancy permit issued by the Zoning Officer shall be secured prior to the operation of any adult business.
§ 172-132 Assisted living centers.
Assisted living centers shall be a conditional use in the Special Use District.
A.
The minimum site area required for an independent living facility or assisted living facility shall be five acres.
B.
The dwelling unit density shall not exceed 12 dwelling units per acre.
C.
Off-street parking shall be provided at the rate of one parking space for each staff person on peak shift, plus one parking space for each dwelling unit, plus one parking space for each 10 dwelling units to be designated for visitor parking.
D.
Common outdoor open space shall be provided on the site to accommodate the leisure and recreational needs of the residents. These areas shall be adequately buffered from any commercial uses on adjoining properties.
E.
The facility shall be designed to maximize accessibility by fire-fighting and emergency vehicles.
F.
The facility shall be designed to provide a protected off-street area for dropping off and picking up residents.
G.
An independent living facility or assisted living facility shall include a common dining area and common leisure and/or recreational areas.
H.
Supporting uses.
(1)
An independent living facility or assisted living facility may include one or more of the following supporting uses:
I.
The foregoing uses shall be restricted to use by the residents and staff only and shall be located within the principal building or buildings which contain the dwelling units. There shall be no exterior signs or other evidence of the uses visible from the outside of the residential buildings.
§ 172-133 Junkyards.
Junkyards shall be a conditional use in the L-I Zoning District.
A.
No junk material, appurtenant structure, or other enclosure shall be stored or placed within 50 feet of any adjoining property or public right-of-way, and such setback area shall be kept free of weeds and scrub growth unless the adjoining property is wooded.
B.
All junkyards, including those with automotive recycling facilities, shall be completely enclosed along the perimeter with a visual screen of evergreen or evergreen type hedges, maintenance-free opaque fencing, or a row of deciduous and evergreen trees of a variety and size at the time of planting that such will attain a height of eight feet within three years thereafter, all of which shall be maintained in a sound and attractive manner.
C.
All junk shall be stored or arranged so as to permit access by fire-fighting equipment and to prevent the accumulation of water, with no junk piled to a height of more than six feet.
D.
No junkyard shall be maintained in such a manner as to cause any public or private nuisance, nor cause any offensive or noxious sounds or odors, nor cause the breeding or harboring of rats, flies or other vermin.
§ 172-134 Educational or religious uses.
Educational or religious uses shall be a conditional use in the R-A and R-1 Zoning Districts.
A.
The maximum height requirements of the district wherein the use is located may be exceeded by up to 20 feet if every portion of the building above the height limit is at least as many feet distant from lot lines as that portion of the building is in height. This will result in an increase in the dimensions of the side yard, front yard and rear yard.
B.
The minimum distance between main buildings on the zoning lot shall be as follows:
(1)
Front-to-front, or front-to-rear, or rear-to-rear two times the height of the buildings, or if they be of different heights two times the height of the taller building, but not less than 80 feet.
(2)
End-to-end or rear-to-end, 1 1/2 times the height of the buildings, or if they be of different height, 1 1/2 times the height of the taller building, but not less than 50 feet.
(3)
Front-to-end or rear-to-end, 1 1/2 times the height of the buildings, or if they be of different heights, 1 1/2 times the height of the taller building, but not less than 50 feet.
C.
If housing in connection therewith is provided, including dormitory facilities for students and teachers, the lot area in relation to the number of sleeping rooms or persons to be housed shall be such as to provide a unit density not in excess of that permitted in the zone district where the institution is located, considering each sleeping room as a dwelling unit and the entire property owned by the institution in determining the density.
D.
Minimum front and rear yards shall be 10 feet greater in depth, and minimum side yards shall be 10 feet greater in width, than the minimum required for any principal structure in the district in which such use is located.
§ 172-135 Greenhouses and landscaping supply yards.
Greenhouses and landscaping supply yards shall be a conditional use in the R-A Zone.
A.
Greenhouse, horticulture and landscaping supply yards for commercial/retail sales, provided the use is conducted upon a lot or parcel of land not less than five continuous acres in area.
B.
Outdoor storage of materials, equipment and maintenance vehicles shall be permitted behind the principal structure(s) only.
C.
Bulk sale materials shall be stored in containers or accessory structures.
D.
If offices are provided, parking shall be at the number established for business offices. Areas used for storage of material, vehicles or equipment shall provide one parking space for every 1,500 square feet of floor area devoted to that use.
E.
No structures shall be placed closer than 50 feet to any adjacent residentially developed property line.
§ 172-136 Home occupations.
Home occupations shall be a conditional use in all zoning districts.
A.
A home occupation shall be conducted only within an enclosed living area of the dwelling unit or the garage and shall not occupy more than 250 square feet of the dwelling. Home occupations shall not be permitted out-of-doors on the property or in any accessory structure or trailer.
B.
Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or that creates noise not normally associated with residential uses shall be prohibited.
C.
Only the actual residents of the dwelling unit shall engage in the home occupation.
D.
No on-site sales of goods or services shall occur within the home occupation.
E.
No home occupation shall occupy or reduce areas designated for required parking, including but not limited to garage space or driveways. In addition, a minimum of two additional off-street (off-road) spaces shall be provided on any lot, tract, or parcel with a home occupation.
F.
A home occupation shall not create significant additional vehicular or pedestrian traffic to the residence.
G.
Outside storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation is prohibited, except that samples of goods sold or job-related materials may be carried in vehicles used for business purposes.
H.
The storage of any material classified as hazardous or dangerous shall be prohibited.
I.
Advertising is permitted on site, including business signs on vehicles. The maximum size of a home occupation advertising sign shall be six square feet.
J.
No advertising shall carry the residential address of the applicant.
K.
Only one home occupation per dwelling shall be permitted.
§ 172-137 Mobile home parks.
Mobile homes parks shall be a conditional use in the Special Use District. In addition to the provisions of Chapter 103, Mobile Homes and Mobile Home Parks, the following shall apply to all proposed mobile home parks:
A.
The minimum site required for a mobile home park shall be 10 acres.
B.
The site shall be served by public sewers or a community treatment plant designed for the development.
C.
The minimum mobile home lot shall be 6,000 square feet.
D.
The minimum yard requirements for each mobile home lot shall be 25 feet for front yards, 20 feet for rear yards and 10 feet for side yards. Such yards shall be measured from the perimeter of the mobile home slab.
E.
Every mobile home slab shall have access to a public or private street in accordance with the requirements of Chapter 103, Mobile Homes and Mobile Home Parks.
F.
Each mobile home lot shall provide two off-street parking spaces.
§ 172-138 Planned residential developments.
Planned residential developments shall be a conditional use in the R-1 Zoning District. See Article XI
§ 172-139 Public or private high schools.
Public or private high schools shall be a conditional use in the H-C Zoning District.
A.
Public or private high schools shall be licensed and certified by the Pennsylvania Board of Education.
B.
The minimum front yard shall be 150 feet in depth. In the case of a corner lot, a front yard, the depth of which shall be at least 100 feet, shall be required on each street on which the lot abuts.
C.
For each building there shall be two side yards of not less than 50 feet each.
D.
A rear yard shall be at least 50 feet.
E.
Whenever the lot line abuts a residential use or district, the setback shall be a minimum of 100 feet from the property line.
F.
The minimum distance between buildings shall be 50 feet; provided, however, that the spacing between a principal and accessory building may be reduced to 35 feet.
G.
There shall be a buffer area of at least 10 feet along all property lines.
H.
Access shall be from an arterial road (or collector road, where approved.)
§ 172-140 Public parks and playgrounds.
Public parks and playgrounds shall be a conditional use in the R-1 Zoning District and a permitted use in the R-A and S-U Districts.
A.
The minimum front yard shall be 50 feet. In the case of a corner lot, a front yard, the depth of which shall be at least 50 feet, shall be required on each street on which the lot abuts.
B.
For each building there shall be two side yards of not less than 20 feet each.
C.
A rear yard shall be at least 50 feet.
D.
Whenever the lot line abuts a residential use or district, the setback shall be a minimum of 100 feet from the property line.
E.
The minimum distance between buildings shall be 50 feet; provided, however, that the spacing between a principal and accessory building may be reduced to 35 feet.
F.
There shall be a buffer area of at least 10 feet along all property lines.
G.
Access shall be from an arterial road (or collector road, where approved).
§ 172-141 Retail shopping centers.
Retail shopping centers over 50,000 square feet, subject to the recommendation of the Planning Commission, and compliance with the land development provisions of Chapter 147, Subdivision and Land Development, shall be a conditional use in the H-C Zoning District.
A.
The site shall have frontage on and direct vehicular access to an arterial or collector street as defined by this chapter.
B.
The minimum site area required shall be five acres.
C.
Once the improvements are completed in an approved retail shopping center, lots within an approved and recorded retail shopping center may be sold and developed as independent entities for any authorized use in the district.
D.
Only the uses permitted by right or authorized as conditional uses or uses by special exception in the district in which the retail shopping center is located shall be permitted in the retail shopping center.
E.
The entire perimeter of a retail shopping center site shall be screened by the bufferyards specified by § 172-122 of this chapter to provide the separation required between the adjoining uses. Bufferyards shall not be required between uses within the site of the retail shopping center.
F.
The site plan shall be designed to minimize points of access to the public street. Shared driveways shall be utilized where feasible and cross-easements dedicated for common access, where necessary.
G.
The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.
§ 172-142 Sanitary landfills.
Sanitary landfills shall be a conditional use in the M Zoning District.
A.
The types of waste materials deposited at the landfill site and all handling, treatment and storage and other activities with respect to the operation shall be in compliance with applicable federal, state and local statutes, regulations and enforcement procedures.
B.
No landfill facility shall be used for disposal of any hazardous demolition material, sludge from sewage treatment plants or water treatment facilities or hazardous waste from residential, municipal, commercial or institutional sources.
C.
A site plan shall be included in the application that delineates site ingress and egress, use areas within the site, phasing of use area, location of all structures, and location and description of all proposed screening and fencing.
D.
No landfill site shall be established on a site containing less than 20 contiguous acres.
E.
The applicant shall provide plans for transportation of materials to the site. Said plan shall delineate access routes, provisions for traffic control and procedures to minimize littering and overflow problems along access routes contiguous to the site. Measures that will be taken to maintain all Township roads used for primary site access shall be specified.
F.
Bonds in amounts specified by the Board of Supervisors shall be posted by the applicant to repair any damages to roads that may result from the landfill operation.
G.
The applicant shall outline procedures to be employed to provide for antipollution and nuisance control, cleanup and site maintenance, the protection of area water supplies and other applicable concerns related to the health and safety of adjacent residential areas.
H.
Adequate screening in a bufferyard, as per the provisions of § 172-122, shall be provided adjacent to the property line, a minimum width of 20 feet. The required screen shall have a height adequate to achieve its purpose. Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The Board of Supervisors shall require that either additional new planting or alternative screening be provided, if, after 24 months, the plant materials do not provide an opaque screen.
I.
All active use areas shall be completely enclosed by a metal fence not less than six feet in height above the ground level, to be constructed of barbed wire or other appropriate material, with the entire fence being constructed in such a manner so as to prevent the entry by unauthorized persons onto the premises. Required fencing shall be located on the inside perimeter of the required screening.
J.
Landfill operations shall not be conducted within 200 feet of any property line adjoining a residential use or other zoning district.
K.
The driveway or haul road entering the site from a public street shall be paved for a distance of 500 feet from the public road.
§ 172-143 Senior citizen high rises.
§ 172-144 Recreation accessory structures.
In conjunction with § 172-140, recreation accessory structures shall be a conditional use in the R-1 Zoning District.
A.
Structures shall be set back at least 100 feet from all property lines, and boundary areas if wooded shall remain in their natural state.
B.
Access drives shall be located to take advantage of maximum sight distances for motorists.
C.
Parking areas shall be screened from adjacent residential properties.
D.
Lighting shall be oriented so as not to create glare or excessive light conditions on adjacent properties or roads.
E.
Signs shall not exceed 30 square feet in area, shall not exceed two in number on the property and shall not be lighted.
§ 172-145 Temporary second dwellings.
Temporary second dwellings shall be a use by special exception in the R-A, R-1, M, and Special Use Zoning Districts.
A.
In the case of hardship, such dwelling shall be a mobile home and may be placed only on a property with a minimum area of two acres already accommodating a single family detached dwelling.
B.
In the case of hardship, the second dwelling shall be occupied only by immediate relatives of the family living in the existing dwelling.
C.
Such second dwelling may be used temporarily during the construction of a permanent dwelling with a time limit of 18 consecutive months commencing with the date of approval by the Zoning Hearing Board.
D.
If the Zoning Hearing Board grants permission, it can direct the Zoning Officer to verify periodically that the conditions of occupancy conform to the findings of the Board at the time of approval.
E.
When the hardship no longer exists, the lot owner shall have the second dwelling removed from the site within six months, and such dwelling shall not be occupied on the site for any other use or by any party.
§ 172-146 Nonresidential storage buildings. [1]
One nonresidential storage building not exceeding 2,500 square feet shall be a use by special exception in all zoning districts.
A.
Such building may precede the establishment of a principal permitted use in the district.
B.
All dimensional standards, including lot area, shall be in compliance with standards established for principal uses.
C.
No material considered by the Pennsylvania Department of Environmental Protection as hazardous or toxic shall be stored in such building.
D.
No use or activity of a commercial or industrial nature shall occupy such building.
§ 172-147 Private kennels.
Private kennels shall be a use by special exception in the R-1, SU, LI and M Districts.
A.
Floor areas under roofed kennels must be made of a material that provides for proper drainage so as not to create offensive odors, fly breeding or other nuisance conditions.
B.
Fences for pens or similar enclosures must be built with sufficient height and strength to retain the animals. No pen, fence or similar enclosure may be closer than 20 feet to an adjacent property line. The widths of alleys, street rights-of-way, or other public rights-of-way may be used to calculate the ten-foot requirement.
C.
The regulations under this use do not apply to government agencies, governmentally supported organizations, or educational agencies that keep and maintain animals for health research or similar purposes, nor do these regulations apply to special events, such as circuses and livestock exhibitions, which are otherwise regulated.