Downingtown City Zoning Code
ARTICLE XVII
Supplemental Regulations
§ 287-88 Intent.
The regulations in this article are meant to establish standards and criteria for certain supplemental uses and activities and for uses not specifically designated within one or more zoning districts. It is the intent of the Borough that, where these uses or activities are authorized, they comply strictly with standards that have been created to address their particular impacts and characteristics.
§ 287-89 Public utility corporations.
This chapter shall not apply to any existing or proposed building or extension thereof or to any land used or to be used by a public utility corporation if, upon petition of the corporation, the Public Utility Commission shall, after a public hearing of which the Borough is notified in accordance with Section 619 of the Municipalities Planning Code,[1] decide that the present or proposed situation or use of the building or land in question is reasonably necessary for the convenience or welfare of the public.
[1]
Editor's Note: See 53 P.S. § 10619.
§ 287-90 Vehicle repair and service stations.
The following specific development standards shall be met for any vehicle repair and service station, where such use is authorized by this chapter, so as to control the mode of development and method of operation and to ensure that the location does not adversely affect the health, safety and welfare of the community, especially in terms of traffic impacts:
A.
Minimum site area. A service station lot shall contain a minimum area of 40,000 square feet and a minimum of 3,000 square feet for each pump, whichever is greater. A pump may have more than one hose. Minimum lot frontage shall be 150 feet.
B.
Setbacks. Pump islands and any similar equipment or facilities shall be set back at least 30 feet from any property line or street right-of-way. The overhang of canopies may extend to within 20 feet of a property line, but the supporting structure for such canopies to protect automobiles positioned for service at pump islands shall be set back at least 30 feet from a property line or street right-of-way.
C.
Service bays. Service bays shall be limited to one per 7,000 square feet of site area. All service bays are to be contained entirely within the principal building. Where any side or rear yard is adjacent to a residential district, no more than three service bays shall be permitted. Service-bay doors shall not face any property zoned and/or used for residential purposes.
D.
Fencing. The site shall be fenced with a six-foot brick or stone masonry wall or a solid fence of wood or other material, deemed appropriate by the Zoning Officer, along each property line which abuts any property zoned and/or used for residential purposes. Additional plantings or other noise abatement procedures may be required, as stipulated in § 287-83C of this chapter.
E.
Supplemental services requiring conditional use approval. The following activities may be operated in conjunction with the principal use of a service station when authorized as a conditional use by the Borough Council in accordance with the terms of § 287-137 of this chapter:
F.
Trash disposal. All used tires and parts, trash and similar objects shall be stored within a solid brick or concrete enclosure in the rear half or, in the case of corner sites, the rear quarter of the site, and shall be secured against dispersal by wind or water from such site.
G.
Gasoline deliveries. No delivery tanker shall park on a public right-of-way during gasoline delivery, nor shall any hose be permitted on the public right-of-way.
H.
Landscaping and buffering. Landscaping and buffering shall be provided in accordance with §§ 287-77 and 287-78 of this chapter. Landscaping provided along any street frontage must preserve sight lines for entering and exiting traffic. This does not preclude careful placement of street trees with high foliage or low-growing shrubbery [below 30 inches].
I.
Curb cuts and corner radius. On corner sites, a thirty-foot curb radius shall be provided, and no point of access shall be located within 100 feet of the street intersection, as measured from center line to center line. At intersections where a primary flow of right-turn traffic is anticipated, a longer curb radius may be required, again with a one-hundred-foot minimum separation between any point of access and the street intersection. On corner sites, all turns to and from the service station shall be right-in, right-out only.
K.
Self-service islands. No vehicle repair and service station shall contain self-service islands or pumps at which customers dispense gasoline or other flammable liquids unless:
(1)
An attendant, trained in the dispensing of such liquids, is on duty and in position to observe the self-service areas and to assist as necessary; and
(2)
There is installed, at each self-service island, an automatic fire-suppression system, the design and installation of which is approved by the Fire Chief.
§ 287-91 Accessory uses and structures.
Uses considered customarily accessory and incidental to any permitted use under this chapter shall include those generally provided for within the various zoning districts. In addition, the uses listed herein shall specifically be deemed accessory in accordance with the following terms:
A.
Uses accessory to agriculture:
(1)
Greenhouse.
(2)
Display and sale of farm products, in accordance with the following:
(a)
At least 50% of such products shall have been produced on the property on which they are offered for sale.
(b)
Parking space for at least three cars shall be provided on the lot. Where building area exceeds 600 square feet, one additional parking space shall be provided for each additional 200 square feet of building area.
(c)
Sale of farm products shall be conducted either from a temporary stand, dismantled at the end of the growing season, or from a permanent building. Any such structure shall be set back at least 15 feet from the right-of-way line of the street.
B.
Residential accessory uses:
(1)
Private garage or parking area.
(2)
Shelter for animals, but not including a kennel, in accordance with the terms of § 287-86 of this chapter.
(3)
Private greenhouse.
(4)
A radio or television antenna, pole, mast, tower or similar structure, when erected and operated by a resident of the dwelling and in accordance with the height limitations established in § 287-71 of this chapter.
(5)
The renting of rooms within the dwelling in which the lessor resides, or in a building accessory thereto, to not more than two nontransient persons, with or without the provision of table board for such persons. One additional off-street parking space shall be provided for each such occupant.
§ 287-92 Home occupations.
A.
All permitted home occupations in Subsection B below shall meet the following standards:
(1)
No multifamily dwelling may contain a home occupation.
(2)
The practice of a home occupation shall be permitted, provided that the principal practitioner is a resident of the dwelling unit.
(3)
No more than one person not residing in such dwelling unit shall be employed by the principal practitioner and engaged in the home occupation at any given time.
(4)
The area used for the practice of a home occupation shall be within the dwelling unit or an accessory building thereto, and the floor area devoted to such use shall be no more than 25% of the total floor area of the dwelling unit or 500 square feet, whichever is less.
(5)
No storage of materials or products shall be permitted in open areas.
(6)
The exterior appearance of the structure or premises must be maintained as a residential dwelling. No home occupation activities shall be visible from a public street or from any neighboring property.
(7)
No goods shall be publicly displayed on the premises, and no retail sales shall be permitted except of those products of the home occupation or items deemed accessory to or directly associated with the home occupation.
(8)
One sign, no larger than two square feet in area and consistent in all other respects with Article XIX of this chapter, shall be permitted for any home occupation.
(9)
Two off-street parking spaces, in addition to those required of residence units, shall be provided. The Zoning Officer may modify or waive this requirement when it is shown that the use will involve no nonresident employee and/or no clientele served at the residence.
(10)
Delivery of materials or supplies associated with the home occupation shall be made no more frequently than once per week.
B.
The following are permitted home occupations, provided that they meet the standards in Subsection A above:
(1)
Dressmaking, sewing and tailoring.
(2)
Painting, sculpting and writing.
(3)
Music instruction, limited to two students at any one time.
(4)
Telephone-answering, typing and bookkeeping.
(5)
Home crafts, such as model-making, rug-weaving, pottery, jewelry-making, cabinetmaking.
(6)
Home cooking and catering, provided that all food is catered off premises.
(7)
Computer programming that involves services to outside clients.
(8)
Tutoring, limited to two students at one time; tutoring of more than two students at any one time shall be considered a conditional use and shall comply with the standards in Subsection E below.
(9)
Beautician or barber services by appointment only, limited to one chair and one client at any one time; more than one chair and one client at any one time shall be considered a conditional use and shall comply with the standards in Subsection E below.
(10)
Professions, such as architect, planner, engineer, financial consultant or insurance agent or accountant, providing service to not more than two clients on the premises at any one time.
(11)
Any occupation that the Zoning Officer deems comparable to the above in terms of scale and impact.
D.
Certain home occupations shall be permitted only as a conditional use, including the following or those similar thereto as determined by the Borough Council:
E.
All conditional-use home occupations shall be granted or denied by the Borough Council as per § 287-137 of this chapter and upon consideration of the following standards:
(2)
A minimum of one parking space per 150 square feet of floor area, in addition to parking required for the residential use, shall be provided for any medical, dental or legal office home occupation. Such parking shall not be located within any required minimum front yard area.
(3)
The Borough Council may require a larger minimum lot size in those cases where the proposed home occupation use is likely to create demonstrable noise, traffic or other problems directly related to the public health and welfare.
(4)
Family day-care homes. In addition to complying with the standards in Subsection E(1) above, family day-care homes must also comply with the following standards:
(a)
The owner must be registered with the Pennsylvania Department of Public Welfare (DPW) and must demonstrate compliance with all DPW regulations for such homes.
(b)
Any requisite outdoor play area shall be surrounded by a safety fence or natural barrier impenetrable by children or small animals. Outside play shall be limited to the hours between 9:00 a.m. and 5:00 p.m.
(c)
A proper circulation pattern must be established so that cars picking up and dropping off individuals shall not impede the flow of traffic off the site.
(d)
At least two off-street parking spaces, in addition to parking required for the residential use, shall be provided. Such parking shall not be located within any required minimum front yard area.
§ 287-93 Institutions.
Institutions, as defined in this chapter, may be permitted as a special exception in the R-1 or R-2 District upon compliance with the terms of those Districts and with the following standards:
A.
A minimum lot area of one acre shall be required for an institution housing up to six resident-clients and any associated supervisory personnel.
B.
An additional 1/2 acre of lot area shall be required above the one-acre minimum for every two additional resident-clients and associated supervisory personnel or any portion of such increment.
C.
Minimum requirements for off-street parking shall be one off-street parking space for each employee on the basis of the estimated maximum number of employees at any one time, plus one space for each three patient/client beds.
[Amended 2-23-2000 by Ord. No. 2000-01]
D.
The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived, particularly with respect to fire protection, safety measures, construction standards and design standards to accommodate the handicapped. The Zoning Hearing Board may, in the alternative, authorize approval of the special exception, contingent upon the requisite approvals from the Department of Labor and Industry being obtained.
E.
No institution shall be located within 1,000 feet (measured in a straight line from the closest corner of one property to the closest corner of the other property) of another institution, a school, a day-care center or a group home. Where an application for a special exception for an institution complies with this spacing requirement, the Zoning Hearing Board may nevertheless refuse to grant a special exception where opponents to the requested special exception for institutional use shall demonstrate that the proximity of the proposed institution to any other similar institution within the Borough and/or to similar facilities in adjacent municipalities would have the effect of altering the intended character of the neighborhood as a single-family residential neighborhood through the relative concentration and scale of institution uses.
[Amended 2-23-2000 by Ord. No. 2000-01]
F.
The premises at which the institution is located shall be owned or leased by the social service agency sponsoring the institution. Although live-in supervision is not required, twenty-four hour supervision is required. At least one supervisor shall be on call and one shall be on the premises during all hours when any resident of the institution is on the premises, and the sponsoring social service agency shall document to the Board that the agency shall provide the residents of the institution with the physical safety and the emotional support from a personal crisis and some form of immediate contact with a counselor should be available at all hours. Likewise, immediate contact with the sponsoring social agency should be available to members of the public who may be in need of the services of the institution.
[Added 2-23-2000 by Ord. No. 2000-01]
G.
A licensed physician, psychologist, counselor or social worker in the employ of or under contract to the social service agency shall be responsible for the assignment of residents to the institution.
[Added 2-23-2000 by Ord. No. 2000-01]
H.
Where the applicant for institutional use proposes to provide housing for handicapped individuals as defined in the Federal Fair Housing Act, the Zoning Hearing Board, upon the applicant's demonstrating proof that the requirement of this section failed to make reasonable accommodation for such handicapped individuals, shall have the right to modify any of the requirements of this section as they pertain to handicapped individuals.
[Added 2-23-2000 by Ord. No. 2000-01]
§ 287-94 Conversion of dwellings.
A.
Statement of intent. The intent of this section is to provide an alternative use for structurally sound, larger and primarily older single-family detached dwellings that are costly to maintain as a single-family use and that provide an excessive amount of living space for today's decreasing family size. This section also is intended to increase the supply of smaller dwelling units and provide for a more efficient use of the existing housing stock, while protecting the character of sound, stable residential neighborhoods and preserving the basic character of dwellings that might otherwise become obsolete.
B.
Standards for conversions. A single-family detached dwelling located within the R-3, R-4 or C-1 Districts and existing on the effective date of this chapter may be converted into a structure containing two dwelling units, when authorized as a special exception, in accordance with the terms of § 287-145 of this chapter and with the following stipulations:
[Amended 3-5-1997 by Ord. No. 97-2]
(1)
Site and architectural plans for the conversion of said dwelling shall be submitted to the Zoning Hearing Board. Where any dwelling unit is to be situated above the ground floor, such plans shall bear the approval of the Pennsylvania Department of Labor and Industry as required by law.
(2)
Such plans shall provide adequate and suitable parking space for a minimum of two automobiles for each dwelling unit. These spaces shall have direct, unimpeded access to a street or alley. The lot shall continue to comply with the applicable maximum building and impervious surface coverage and minimum vegetative coverage standards of the base zoning district.
(3)
Such structure shall be subject to all of the applicable area and bulk regulations governing two-family dwellings within the district in which it is located.
(4)
There shall be no external alteration of the building except as may be necessary for reasons of safety. Fire escapes and outside stairways shall, where practicable, be located to the rear of the building.
(6)
Any new dwelling unit resulting from conversion shall have a minimum habitable floor area of 500 square feet.
§ 287-95 Agriculture.
A.
The minimum lot size for all agricultural uses shall be five acres.
B.
Maximum impervious cover on any agricultural property shall be 10%. Both temporary and permanent structures shall be considered impervious surfaces when computing this percentage.
D.
Silos and bulk bins shall be exempted from area and bulk regulations when attached to a building.
E.
Manure may not be bulk stored within 115 feet of any existing residence on a neighboring property.
F.
Agricultural runoff.
(1)
Runoff from agricultural buildings and other impervious surfaces shall be directed around areas where manure is stored or otherwise concentrated.
(2)
The property shall be graded or otherwise managed so that runoff as described in Subsection F(1) above shall be confined to the lot.
(3)
The storage and disposal of manure shall be prohibited in areas where continuous or intermittent contact occurs between the material and the groundwater table.
(4)
Storage areas for manure shall be a minimum of 100 feet from any water supply source and, whenever feasible, shall be located downhill from it; such storage areas also shall be located a minimum of 100 feet from any lake or stream.
(5)
There shall be an eight-foot grass strip between any street cartway and areas that are plowed or tilled.
G.
On a property being used for agricultural purposes which is five acres or greater in size and which contains a primary residence, one additional single-family detached dwelling may be situated on the property, so long as the following conditions are complied with:
(1)
Where a second dwelling already exists on the property as of the effective date of this chapter, no additional such dwellings shall be constructed. Where no such dwelling exists as of the effective date of this chapter, a second dwelling may be constructed on the property.
(2)
Where a second dwelling is to be constructed under the terms of this section, the structure shall be situated such that any subsequent request to subdivide the property and create a separate parcel for the tenant house would be in conformance with the currently applicable Borough regulations governing such a request.
§ 287-96 Temporary structures.
A.
Temporary dwelling units.
(1)
No temporary structure, whether fixed or mobile in nature, shall be established for any dwelling purpose for any length of time unless approved as a special exception by the Zoning Hearing Board. Such approval shall be granted only where the applicant demonstrates that a permanent use, in compliance with the applicable terms of this chapter, is being pursued with due diligence and that the temporary dwelling will be utilized for the minimum practical time period and removed immediately upon the expiration of that period. The maximum allowable time period for keeping a temporary dwelling unit on the property shall be six months, unless the Zoning Hearing Board shall, upon further request by the applicant for a special exception, grant one extension of that period for a maximum of six additional months.
(2)
A use and occupancy permit shall be required prior to the utilization of any such temporary dwelling unit and shall be issued only in accordance with the above stipulations. The temporary dwelling unit shall further comply with all applicable area and bulk standards for the zoning district in which it is to be situated and with all applicable requirements of the Borough Plumbing Code.[1]
[1]
Editor's Note: See Ch. 215, Plumbing Standards.
B.
Sales and construction trailers.
(1)
Temporary structures, located on tracts undergoing development, that are utilized for construction management purposes may, while serving that function, remain on the tract only during active development of the property. Removal shall occur immediately upon completion of the development process. Sales trailers may be located on such a tract only during active development of the property, but shall be removed no later than one year following the start of construction. No extension of this time limit shall be permissible, except upon the grant of a special exception from the Zoning Hearing Board.
(2)
A use and occupancy permit shall be required prior to the utilization of any such temporary structure and shall be issued only in accordance with the above stipulations. The temporary structure shall further comply with all applicable area and bulk standards for the zoning district in which it is to be situated and with all applicable requirements of the Borough Plumbing Code.[2]
[2]
Editor's Note: See Ch. 215, Plumbing Standards.
§ 287-97 Helistops and other aviation facilities.
A.
A helistop may be permitted as a conditional use in the C-2, C-3, I-1 and I-2 Districts upon approval by the Borough Council subject to the terms of § 287-137 and the following provisions:
(1)
The proposed helistop will not be detrimental to the health, welfare and safety of Borough residents and their property. In particular, where the proposed helistop is to be located on a property that abuts property used or zoned for residential purposes, the Borough Council, in granting a conditional use approval, may impose additional conditions upon the placement and operation of the proposed helistop, including but not limited to setback from the residential boundary, hours of operation, flight patterns, specific noise mitigation, etc., that would be intended to minimize off-site impacts of the proposed helistop.
(2)
The landing pad must be at least 60 feet square or a circle with a sixty-foot diameter. This pad must be paved and level.
(3)
There must be a four-foot fence around the helistop, except for those helistops on a rooftop. The fence shall be so located as not to obstruct the glide angle of a helicopter using the helistop.
(4)
At least two approach lanes to each landing pad shall be provided and maintained free of obstructions and shall be located not less than 90° apart. Each approach lane shall be located within 45° left or right of the prevailing winds and shall fan out at an angle of 10° from the width of the landing pad to a width of 1,000 feet and shall have a glide-angle slope of 8:1, measured from the outer edge of the pad. Approach lanes shall be located entirely within the property on which the helistop is to be situated, unless the Council is satisfied with arrangements reached between the applicant and adjacent property owners that assure that any portion of an approach lane beyond the applicant's property will be permanently maintained free of obstructions. Such agreement shall be secured by easement or deed restriction and shall be so noted on any recorded plan.
(5)
Clear areas for emergency landings of the helicopter in the event of mechanical failure shall be available. These emergency landing areas shall be located within the normal glide range of the helicopter with one engine off when operating in the approved takeoff or landing lane from the helistop.
(6)
An application for a helistop on a roof shall be accompanied by a certification by a registered engineer that the loads imposed by the helicopter will be supported by the structure.
(7)
The helistop shall be used only for business purposes and shall be considered a use accessory to a principal commercial, office or industrial use.
B.
It shall be unlawful for any person to land, discharge, load or take off in a helicopter any place within the Borough other than at a helistop, except:
(1)
In conjunction with a special event, such as an athletic contest, a holiday celebration or similar activity, after 30 days' advance notice has been given to the Zoning Officer and permission obtained from the Borough Council to make such landing and takeoff.
(2)
When necessary for law enforcement or other governmental purposes and for emergencies.
(3)
Upon 48 hours' prior notice to the Zoning Officer, in connection with a construction project where a helicopter is to be used to lift equipment related to such project.
C.
Heliports and airports are not permitted in any zoning district.
D.
The operation of ultra-light vehicles, as defined by this chapter, shall be permitted only when such operation is approved as a conditional use by the Borough Council subject to the terms of § 287-137 and the following provisions:
(1)
Ultra-light vehicles shall be operated only in accordance with Federal Aviation Regulations, Part 103.
(2)
Landing and takeoff facilities for ultra-light vehicles shall be confined to the property of the owner/operator of such vehicle to facilitate private, personal use and shall be utilized by not more than two such vehicles.
(3)
Any facility for landing and takeoff should be in compliance with the Pennsylvania laws relating to aviation (Title 74, Appendix, Part III, of the Pennsylvania Consolidated Statutes).
§ 287-98 Residential clustering and lot averaging.
A.
Statement of intent. In making available clustering and lot-averaging as site design alternatives within the R-1 District of the Borough, it is the intent of this section to:
(1)
Safeguard sensitive natural features, such as surface and ground water, floodplains, wet soils, steep slopes and woodlands.
(2)
Retain and protect open space for use by residents and landowners of the Borough.
(3)
Encourage cost-effective, flexible and environmentally sensitive site planning, with particular emphasis on reduced stormwater runoff.
(4)
Protect the existing aesthetics within particular sections of the Borough by limiting the visual intrusiveness of new residential uses.
(5)
Make possible, under certain conditions, a variety of lot sizes.
B.
Cluster development. Within the R-1 District, clustering shall be permitted as a residential development option only in accordance with the following terms:
(1)
Density, area and bulk standards.
(a)
Ownership. The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract shall be developed within a reasonable time under single direction and in the manner approved.
(b)
Density.
[1]
The maximum number of dwelling units on the tract shall be determined by dividing the gross tract area by 0.5. Excluded from the gross tract area shall be that portion or those portions of the tract in which any of the following features, individually or in combination, represent more than 20% of the gross tract area; areas overlain by the Floodplain District, areas of slope in excess of 20%, areas of seasonally high water table soil and areas delineated as wetland.
[2]
The applicant shall consult the Borough Floodplain District Map in calculating the floodplain area of the tract, § 287-13 of this chapter for the means of calculating the steep slope area, the Soil Survey of Chester and Delaware Counties (United States Department of Agriculture Soil Conservation Service, 1963) in calculating the areas of seasonally high water table soil and § 287-14 of this chapter for the basis of delineation of wetlands.
(c)
Minimum gross tract area shall be 10 acres.
(d)
Open space. A minimum of 30% of the gross tract area shall be designated as common open space.
(e)
Minimum lot size shall be 11,000 square feet.
(f)
Minimum lot width at building line shall be 80 feet.
(g)
Maximum building coverage per lot shall be 20%.
(h)
Maximum other impervious surface area per lot shall be 15%.
(i)
Minimum front yard shall be 35 feet.
(j)
Minimum side yards shall be 25 feet aggregate, with neither less than 10 feet.
(k)
Minimum rear yard shall be 35 feet.
(2)
Design standards.
(a)
The natural features protection standards contained in Article IV of this chapter shall be applicable to any lot within a cluster development.
(b)
Where there are woodlands, tree groupings, floodplains or slopes exceeding 20% located within the area of an individual lot, the Borough Council may require that such feature(s) be placed under conservation easement as per Subsection B(4)(a) herein except, however, for the minimum disturbance or clearance of wooded areas necessary for the construction of a dwelling unit and access thereto. In making its determination, the Board shall assess whether the area in question represents a significant continuation of a feature from an adjacent tract, lot or restricted open space area and whether the feature therefore warrants protection by this means.
(e)
Site design and landscaping control shall be as required by § 287-77. In addition, the applicant is strongly encouraged to select architectural design and building materials which are compatible with the prevailing architectural styles in the Borough and/or with the style of the immediately surrounding residences.
(h)
All utility lines shall be placed underground.
(3)
Open space use and design standards.
(a)
Within the required area of common open space, an area equivalent to at least 10% of the gross tract acreage shall be suitable and available to serve the particular recreational needs of the residents of the cluster development. The Borough Council, at its discretion, may require that all or a portion of this recreational area be suitable for active recreation and may further require that such area is prepared and developed for such purposes.
(b)
Unless deemed inappropriate by the Borough Council, all cluster developments under this section shall make provision for pedestrian paths or walkways for public use. Such walkways shall be consistent with any existing plans specified by the Borough so as to encourage the formation of an interconnecting pedestrian network within and beyond the Borough. This provision need not be in addition to the ten-percent requirement of Subsection B(3)(a) above unless the Borough Council determines that the entire ten-percent minimum must be designated for active recreation.
(c)
The following use, location and design standards shall be applicable to all areas of common open space:
[1]
At least 60% of the common open space area shall be located outside floodplain areas and areas of greater than 20% slope. In addition, no less than 25% of the open space area shall remain as a natural area.
[2]
The plan shall designate the use of open space, the type of maintenance to be provided and a planting plan or schedule. In designating use and maintenance, the following classes may be used:
[a]
Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to ensure a neat and tidy appearance.
[b]
Natural area. An area of natural vegetation undisturbed during construction or replanted; such areas may contain pathways. Meadows shall be maintained as such. Maintenance may be minimal but shall prevent the proliferation of undesirable plants. Litter, dead trees and brush shall be removed and streams kept in free-flowing condition.
[c]
Recreation area. An area designated for a specific recreational use, including, by way of example, tennis, swimming, playfields and tot-lots. Such areas shall be located and maintained in such manner as not to create a hazard or nuisance and shall perpetuate the proposed use.
[3]
The following design standards, as deemed appropriate by the Borough Council, shall apply to areas of common open space. Such areas shall be:
[a]
Not less than 75 feet in width at any point and not less than 1/2 acre of contiguous area, except when part of a pathway network.
[b]
Interconnected with public or private open space areas on abutting parcels wherever possible.
[c]
Provided with sufficient perimeter parking when necessary and with safe and convenient access from adjoining public road frontage or other rights-of-way or easements capable of accommodating pedestrian, bicycle and maintenance and vehicle traffic and containing appropriate access improvements. Areas required for parking may be included in calculating the minimum acreage required for open space.
[d]
Undivided by any crossings of public or private roads, except where necessary for proper traffic circulation, and then only upon recommendation of the Borough Engineer and Planning Commission.
[e]
Free of all structures, except those related to outdoor recreational use.
[f]
Suitably landscaped by retaining existing natural cover and wooded areas and/or by a landscaping plan which is consistent with the purposes of this section and which minimizes maintenance costs.
[g]
Made subject to such agreement with the Borough and such deed restrictions, duly recorded in the office of the Chester County Recorder of Deeds, as may be required by the Borough Council for the purpose of preserving the common open space for such use.
(4)
Open-space ownership and maintenance standards.
(a)
Ownership. Any of the following methods may be used, either individually or together, to preserve, own and maintain common open space: condominium, homeowners' association, dedication in fee simple, dedication of easements and transfer of fee-simple title and easements to a private conservation organization. Such land shall not be eligible for transfer to another party except for transfer to another method of ownership permitted under this section, and then only where there is no change in the open space ratio. The following specific requirements are associated with each of the various methods:
[1]
Homeowners' association. The common open space may be held in common ownership by a homeowners' association. This method shall be subject to all of the provisions for homeowners' associations set forth in Subsection B(4)(b) below, and the homeowners' association agreement shall be recorded.
[2]
Fee-simple dedication. The Borough may, but shall not be required to, accept any portion or portions of the common open space, provided that such land is accessible to the residents of the Borough; that there is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and that the Borough agrees to and has access to maintain such lands.
[3]
Transfer to a private conservation organization. With permission of the Borough, an owner may transfer either the fee-simple title, with appropriate deed restrictions running in favor of the Borough, or a conservation easement to a private nonprofit organization, among whose purposes is to conserve open space land and/or natural resources, provided that the organization is acceptable to the Borough and is a bona fide conservation organization with perpetual existence, that the conveyance contains appropriate provision for proper reverter or retransfer in event that the organization becomes unwilling or unable to continue carrying out its functions and that a maintenance agreement acceptable to the Borough is reached.
[4]
Dedication of easements. The Borough may, but shall not be required to, accept easements for public use of any portion or portions of common open space land, title to which is to remain in ownership by condominium or homeowners' association, provided that such land is accessible to the residents of the Borough; that there is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and that a maintenance agreement acceptable to the Borough is reached.
(b)
Specific requirements for homeowners' association. If a homeowners' association is formed, it shall be governed according to the following regulations:
[1]
The developer shall provide to the Borough a description of the organization, including its bylaws and documents governing common open space maintenance and use restrictions.
[2]
The organization shall be established by the developer and shall be operating, with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
[3]
Membership in the organization is mandatory for all purchasers of homes therein and their successors.
[4]
The organization shall be responsible for maintenance of and insurance on common open space. The organization shall be responsible for real estate taxes on common open space only where the following preferred alternative is not utilized: The developer of any cluster development proposed to contain any area(s) of common open space may arrange with the County Board of Assessment a method of assessment of the open space which will allocate to each tax parcel in the cluster development a share of the total assessment for such open space. Where this alternative is to be utilized, the method of allocation shall be approved by the Borough Council.
[5]
The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with the procedures established by them.
[6]
In the event of any proposed transfer of common open space land by the homeowners' association or of the assumption of maintenance of common open space land by the Borough as hereinafter provided, notice of such action shall be given to all property owners within the cluster development by the homeowners' association.
[7]
The organization shall have or hire adequate staff, as necessary, to administer common facilities and maintain common open space.
[8]
The homeowners' association may lease back open space lands to the developer, his heirs or assigns or to any other person or corporation qualified to manage open space, for operation and maintenance of open space lands, but such a lease agreement shall provide that the residents of the cluster development shall at all times have access to the open space lands contained therein; that the common open space to be leased shall be maintained only for the purposes set forth in this chapter; and that the operation of open space facilities may be for the benefit of the residents of the cluster development only or may be open to the residents of the Borough. The lease shall be subject to the approval of the Borough as shall any transfer or assignment of the lease. Lease agreements so entered upon shall be recorded with the Recorder of Deeds of Chester County within 30 days of their execution, and a copy of the recorded lease shall be filed with the Borough.
(c)
Maintenance.
[1]
In the event that the organization established to own and maintain common open space or any successor organization shall at any time after establishment of the cluster development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Borough may serve written notice upon such organization or upon the residents and owners of the cluster development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such hearing the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties within the cluster development and to prevent the common open space from becoming a public nuisance, may, in its discretion, enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space and shall not vest in the public any rights to use the common open space, except when the same is voluntarily dedicated to the public by the residents and owners and such dedication is acceptable to the Borough. Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing, upon notice to such organization or to the residents and owners of the cluster development, to be held by the Borough, at which hearing such organization or the residents and owners of the cluster development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Borough shall cease to maintain said common open space at the end of said year. If the Borough shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Borough in any case shall constitute a final administrative decision subject to judicial review.
[2]
The cost of such maintenance and enforcement proceedings by the Borough shall be assessed ratably against the properties within the cluster development that have a right of enjoyment of the common open space and shall become a lien on said properties. Said assessments or charges shall be subordinate in lien to the lien of any prior mortgage or mortgages on the property which is subject to such assessments or charges. The Borough, at the time of entering upon such said common open space for the purpose of maintenance, shall file notice of such lien, in the office of the Prothonotary of Chester County, upon the properties affected by such lien within the cluster development.
(d)
Included in any terms of ownership shall be protection of the open space against development in perpetuity by means of a conservation easement prohibiting development. The required easement shall be conveyed either to the Borough directly, in which case the development's property owners shall be named as third-party beneficiary, or to a conservation organization acceptable to the Council, in which case the Borough and property owners of the development shall be named as third-party beneficiaries.
C.
Lot-averaging. Within the R-1 District, lot-averaging shall be permitted as a residential development option only in accordance with the following terms:
(1)
Maximum size of eligible tracts. The gross area of any tract to be utilized for lot-averaging shall not exceed 30 acres.
(2)
Maximum density. The maximum number of lots created on a tract under the lot-averaging option shall be no more than that for which the tract would be eligible under terms of the base zoning in the R-1 District.
(3)
(4)
General controls.
(a)
No lot of such size as to be capable of further subdivision under the district regulations shall be included in determining the average lot area unless the possibility of such further subdivision is eliminated by a deed restriction or agreement in a form acceptable to the Borough and duly recorded in the office of the Recorder of Deeds of Chester County.
(b)
For the purposes of determining the average lot size in a subdivision created pursuant to this section, any lot in excess of three acres shall be considered a three-acre lot.
(c)
The tract of land to be developed shall be in one ownership or shall be the subject of an application filed jointly by the owners of the entire tract, and it shall be agreed that the tract shall be developed within a reasonable time under single direction and in the manner approved.
(d)
The site shall be suitable for development in the manner proposed, without hazards to persons or property, on or off the site, due to flooding, erosion, subsidence or slipping of the soil or other dangers or inconvenience. Conditions of soil, groundwater level, drainage and topography shall be compatible with the proposed site design.
(e)
Site planning, including layout of streets and lots, shall be, in the judgment of the Borough Council, in compliance with the purposes and standards of this section. Each lot created shall be essentially regular in shape, such that the largest side is no more than three times the shortest side, if generally rectangular in shape, or no more than 1.25 times the shortest side, if the area is generally triangular in shape.
§ 287-99 Senior citizen housing.
Senior citizen housing, as defined in this chapter, may be permitted as a special exception in the R-4 District upon compliance with the terms of that district and with the following standards:
A.
Maximum density shall be 20 units per acre.
B.
Not less than one off-street parking space shall be provided for each senior citizen dwelling unit.
C.
In all other respects, the standards of the R-4 District applicable to apartment houses shall apply to a multifamily structure for senior citizens.
D.
The owner or manager of multifamily dwellings constructed for use as senior citizen housing shall apply for and be issued a certificate of occupancy on an annual basis only. Each annual application for renewal thereof shall demonstrate continued compliance with any applicable federal regulations for senior citizen housing.
§ 287-100 Satellite dish antennas.
A.
In providing opportunities for the installation of satellite dish antennas, it is the intent of this section to allow satellite-delivered communications services in any zoning district. This section is intended, further, to protect existing aesthetics within the Borough through measures designed to mitigate the visual impact of satellite dish antennas due to their scale and bulk and also to protect the health, safety and welfare of users and the general public through measures to assure, among other things, adequate stability and support of satellite dish antennas.
B.
Standards for ground-mounted satellite dish antennas shall be as follows:
(1)
The diameter of the satellite dish antenna shall not exceed eight feet.
(2)
The total height of the installation shall not exceed 10 feet, and in no case shall the height exceed its distance from any property line.
(3)
The installation shall be located only in a rear yard or in a side yard.
(4)
All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.
(5)
All installations shall, to the extent feasible, employ materials and colors that blend with the surroundings.
(6)
All installations must be screened to achieve a hidden view along the antenna's nonreception window axes and must have low-level ornamental landscape treatment along the reception window axes of the antenna's base. Such treatments shall completely enclose the antenna.
(7)
All applications for building permits must include certification by a registered engineer that the proposed installation complies with those standards listed in Sections 614.0 and 615.0 of the BOCA Basic Building Code.
C.
Roof-mounted satellite dish antennas may be permitted as a special exception in accordance with the terms of § 287-145 and subject to the following criteria:
(1)
The diameter of the satellite dish antenna shall not exceed eight feet.
(3)
The height of the proposed installation shall not exceed the maximum height limitation established for principal uses within the zoning district.
(4)
The installation shall be located on a portion of the roof sloping away from the front of the lot. When placed on a flat roof, the antenna shall be located on the rear half of the roof, relative to the front lot line or lines.
(5)
All applications must include certification by a registered engineer that the proposed installation complies with those standards listed in Sections 614.0 and 615.0 of the BOCA Basic Building Code. Furthermore, written documentation of such compliance, including load distributions within the building's support structure, shall be furnished.
§ 287-101 Bed-and-breakfast facilities.
[Amended 4-3-1991 by Ord. No. 91-9]
Bed-and-breakfast facilities, as defined by this chapter, may be operated when approved as a conditional use in the R-1, R-2 and R-4 Districts and only when in full compliance with the following standards:
A.
In the R-1 and R-2 Districts, the only buildings eligible for bed-and-breakfast use shall be those properties which are of historic significance to the Borough and which are eligible for the National Register of Historic Places and which consist of a minimum of two acres, and provided that the total tract as shown on the Tax Map of Chester County shall remain in tact and not be subdivided for the duration of the requested use. Such uses shall be owner-occupied and shall be considered an accessory use to such residence.
B.
In the R-4 District, the only buildings eligible for bed-and-breakfast use shall be those properties located within the boundaries of the Downingtown Borough East Lancaster Avenue National Register Historic District and which are owner-occupied and the principal use of which is as a single-family detached residence. A bed-and-breakfast facility shall be considered an accessory use to such residence.
C.
Not more than six bedrooms in the R-1 and R-2 Districts and not more than four bedrooms in the R-4 District within any such building shall be used to provide accommodations for transient guests, and there shall be not more than one employee on the premises at any one time who is not a member of the household. No bedroom in any such facility in any district shall contain any cooking facilities.
D.
Breakfast may be served by the occupants as part of the accommodations, but no other meals shall be served to guests, whether or not separately billed.
E.
Owners shall comply with all federal, state, county and local requirements for the preparation, handling and serving of food.
F.
Any amenities (swimming pool, tennis court, etc.) shall be solely for the use of the resident-owner and guests of the bed-and-breakfast facility.
G.
In addition to meeting the minimum parking requirements of this chapter for single-family detached dwellings, there shall be at least one off-street parking space for each room designated for bed-and-breakfast use and one space for any employee not a member of the household. When parking spaces required for the bed-and-breakfast facility total three or more, such spaces shall be screened from the direct view of any adjacent residential use by means of vegetative material, fence, wall or a combination thereof.
H.
The length of stay for any transient guest shall be limited to not more than 14 consecutive days.
I.
The resident owner shall maintain a guest register, which shall list the names, addresses and lengths of stay of all guests.
J.
One sign shall be permitted for purposes of identifying the property as a bed-and-breakfast facility, provided that the sign shall not exceed three square feet in area and shall contain no information other than identification of the premises as the named bed-and-breakfast.
K.
Area and bulk regulations shall be those that apply to single-family detached dwellings in the R-4 District, except that such uses in R-1 and R-2 Districts shall have a minimum of two acres.
L.
No external enlargements, alterations or changes to the exterior of the building shall be permitted, except as required by the Borough Building Code[1] and the Pennsylvania Department of Labor and Industry or for safety reasons, as required by an other governmental agency. The proposed design of any required enlargement, alteration or change shall be reviewed by the Downingtown Historical Society, which shall provide comments to the applicant, the Zoning Officer and the Borough Council.
M.
All other applicable Borough codes and regulations, including but not limited to the Fire, Health, Plumbing and Building Codes,[2] shall be complied with.
N.
Upon compliance with all the requirements of this chapter, the Zoning Officer shall be authorized to issue a use and occupancy permit, which shall be valid for a period of one year unless revoked sooner for violation of any provisions of this chapter. The permit may be renewed annually, provided that the Zoning Officer has inspected the facility and found it to be in compliance with the provisions of this chapter. In the event that the Zoning Officer determines a violation to exist, the permit shall not be renewed until the violation is remedied.
§ 287-101.1 Restaurant facilities.
[Added 4-3-1991 by Ord. No. 91-9]
Restaurant facilities, as defined by this chapter, may be operated in the R-1 and R-2 Districts when approved as a conditional use and only when in full compliance with the following standards:
A.
The minimum lot size shall be two acres.
B.
The property shall be of historic significance to the Borough and shall be eligible for the National Register of Historic Places.
C.
The total tract of ground as shown on the Tax Map of Chester County shall remain intact and not be subdivided for the duration of the use requested.
D.
The property shall meet all other area and bulk regulations of the R-1 and R-2 Districts and shall meet the parking requirements of this chapter.
§ 287-101.2 Professional, general or governmental offices.
[Added 4-3-1991 by Ord. No. 91-9]
Offices for professional, general or governmental use, as defined by this chapter, may be operated in the R-1 and R-2 Districts when approved as a conditional use and only when in full compliance with the following standards:
A.
The minimum lot size shall be two acres.
B.
The property shall be of historic significance to the Borough and shall be eligible for the National Register of Historic Places.
C.
The total tract of ground as shown on the Tax Map of Chester County shall remain intact and not be subdivided for the duration of the use requested.
D.
The property shall meet all other area and bulk regulations of the R-1 and R-2 Districts and shall meet all design standards and parking requirements of this chapter.
§ 287-101.3 Historic resources protection and adaptive reuse of existing buildings.
[Added 12-1-1999 by Ord. No. 99-14]
A.
Any alteration or rehabilitation of historic resources within the Historic Resources Overlay District shall be performed in accordance with the requirements of this article.
B.
Adaptive reuse of an existing building may involve a change of use of the building, without substantively changing the exterior architectural character. The exterior appearance of the building shall be maintained and the historic character of the building shall be preserved.
C.
Existing buildings shall always be viewed as candidates for reuse, before considering any demolition or new construction. An objective assessment of building conditions shall be made, and a valid sales and/or rental effort shall be exercised for a period of at least two years, before demolition may occur.
D.
Regulations for historic resource protection pertaining to the alteration or rehabilitation of historic resources shall include:
(1)
Additions to historic buildings shall be designed to be subordinate to the historic buildings in massing, height, size and scale. The size of the addition, when viewed from existing streets, shall not exceed the size of the existing historic building.
(2)
The historic character of a property shall be preserved. Historic buildings features such as porches, chimneys and dormers shall not be demolished or modified to obscure their character. Changes to historic buildings that have acquired significance over time shall be retained and preserved. Changes to a building shall not be removed to reconstruct the earliest period of a building unless there is strong physical evidence for the original appearance of the building and the changes detract from the historic character of the building.
(3)
Historic storefronts shall be preserved.
(4)
Historic exterior siding materials shall be preserved. Deteriorated siding shall be repaired or replaced with new siding materials which match the original in type, design, color and texture.
(5)
Historic roofing materials shall be preserved. Deteriorated roofing shall be repaired or replaced with new roofing which matches the old in type, design, color and texture. Deteriorated wood and slate shingle roofing may be replaced with heavy-weight, dimensional asphalt shingles, provided that the asphalt shingle color is similar to the weathered color of the natural roofing material. On outbuildings, historic metal roofing may be replaced with performed metal roofing, provided that the new roofing matches the color of the historic roofing and has a simple standing seam profile.
(6)
Deteriorated exterior woodwork shall be repaired rather than replaced whenever possible. Where the severity of deterioration warrants replacement, new wood components shall match the existing original components in design. Replacement windows shall be painted wood and shall match the design of the original.
(7)
Historic masonry shall be preserved. Cleaning and repointing methods which cause damage to historic masonry shall not be used. Grit blast cleaning and mechanical grinding shall be prohibited. New pointing shall match historic pointing in color, strength and joint profile.
(8)
New garages, outbuildings, parking areas and driveways for historic buildings shall be designed in the character of historic building groupings, not as contemporary site plans.
(9)
Windows and doors in buildings additions shall relate to the scale and proportions of original openings in existing buildings. Existing window and door openings in historic buildings shall not be enlarged.
(10)
Landscaping shall be compatible with an historic context. Landscape plant materials shall be native species.
(11)
Retaining walls shall be built of fieldstone.
(12)
Wood decks shall only be permitted where they are not visible from an existing public street.
E.
Regulations for new construction. In addition to the applicable provisions of § 287-101.3D, the following shall be evaluated for new construction:
(1)
The extent to which the new construction conforms to § 256-56.1 of the Borough of Downingtown Subdivision and Land Development Ordinance.
(2)
The extent to which the proposed construction conforms to existing building setbacks and yard widths predominant within the block where the proposed construction is proposed.
(3)
The relationship to buildings in the immediate area with respect to height, width and materials.
(4)
The degree to which the proposed construction respects the established character of the street/sidewalk level of the Historic District.
(5)
The degree to which the proposed window openings are similar in size and form to those existing on the block.
F.
All changes to buildings and structures within the Historic Resources Overlay District shall be reviewed and approved by Borough Council.
G.
All relevant design standards in § 256-56.1 of the Borough of Downingtown Subdivision and Land Development Ordinance shall apply relative to the Central Business Revitalization Overlay District.
H.
All alterations or rehabilitation shall also be guided by the Central Business District Revitalization Plan of the Borough of Downingtown, dated April 21, 1999.
§ 287-101.4 Group homes.
[Added 2-23-2000 by Ord. No. 2000-01]
Group homes, as defined in this chapter, shall be permitted by right in any district in which residential uses are permitted, as a form of single-family dwelling, where the use thereof is in compliance with the definitions of "family" (Subsection C thereof) and "group homes." Where a group home is so permitted, the following standards shall apply:
A.
The minimum requirements for off-street parking shall be those applicable to a single-family dwelling; provided, however, that as a minimum, a group home shall have one off-street parking space for each employee, computed on the basis of the estimated maximum number of employees at any one time, plus one space for each three patients/clients beds.
B.
The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived, particularly with respect to fire protection, safety measures, construction standards and design standards to accommodate the handicapped.
C.
The sponsoring social services agency shall document to the Zoning Officer that all building, fire, plumbing, heating, electrical and similar facilities meet the standards set by the Borough and by the Commonwealth of Pennsylvania.
D.
The premises at which the group home is located shall be owned or leased by the social service agency sponsoring the group home. The group home, by design and intent, shall provide for the long-term needs of its residents and shall not accommodate the needs of transient individuals. (Facilities which are designed to accommodate the needs of transient individuals are "institutions" regulated under § 287-93 hereof.)
E.
A licensed physician, psychologist, counselor or social worker in the employ of or under contract to the social service agency shall be responsible for the assignment of residents to the group home.