Newlin Township City Zoning Code

Control of potential adverse effects. This chapter has established a list of land uses that possess characteristics that may result in adverse effects on adjoining properties if not properly controlled and regulated. The Zoning Hearing Board is empowered to authorize these land uses, contingent upon meeting certain safeguards, standards and conditions that are intended to limit any potential adverse effects from such uses. These standards shall supersede any standard or regulation contained elsewhere in this chapter and shall be regarded as conditions that are necessary for the approval of any special exception.

Compliance with special standards. The applicant shall demonstrate compliance with these standards and must furnish evidence as may be necessary to demonstrate such compliance. The burden of proof shall rest with the applicant, and the Zoning Hearing Board may reject any purported evidence or proof offered in support of an application if the Board finds that the evidence or proof is not compelling or adequate. All special exceptions uses shall also comply with the standards for uses in the zoning district in which the special exception is to be established, unless provisions in this article require different standards, in which case the more stringent standards shall apply. These standards shall be continually complied with.

Additional conditions. In granting any special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed below, as it may deem necessary to implement the purposes of this chapter.

Use of experts. In hearing and deciding upon applications for any special exception, the Zoning Hearing Board may call upon any experts or authorities it may deem necessary to assist it in arriving at a fair and impartial determination.

Fees. Fees for hearing and deciding upon special exceptions shall be assessed in accordance with a fee schedule adopted by the Board of Supervisors.

Referral to the Planning Commission. All applicants for special exceptions are requested to attend a meeting of the Township Planning Commission, to allow the Planning Commission to make recommendations to the Zoning Hearing Board.

The ADU shall be located within the principal dwelling unit or an existing or new structure or outbuilding (such as barns, stables, carriage houses and garages.)

A maximum of one ADU shall be permitted.

The maximum floor area of any ADU shall be 600 square feet.

An applicant for a building permit for an accessory dwelling unit (including a permit to convert an existing dwelling by adding an accessory dwelling within the existing dwelling unit) shall present with a building permit application, a permit from the Chester County Health Department indicating that there are sufficient sewage disposal facilities for the additional dwelling unit and that the existing domestic water supply facilities are adequate to serve both the principal and accessory dwelling unit. The applicant must also present a restrictive covenant in recordable form which can be recorded against the property to prohibit future enlargement of the ADU or creation of additional ADUs beyond the limits, regarding size and number, allowed in this chapter.

The ADU shall not be permitted to have an additional accessory building, such as a garage, unless such building is preexisting.

For ADUs in new structures, and for expansions of existing structures, all yard setback requirements shall be the same as for the new principal structures.

The owner of the lot shall live in the principal dwelling or in the accessory dwelling unit on a permanent basis.

Not less than one off-street parking space shall be provided for the ADU in addition to the spaces required by Article IX of this chapter for the principal dwelling. No additional front yard areas shall be used for parking.

The ADU shall not be subdivided from the parent tract.

No more than two occupants shall reside in the ADU.

Lot size. Kennels shall not be less than five acres.

Setbacks for exterior structures. No outdoor facility shall be located within any required yard, and no outdoor enclosure shall be within 100 feet of any lot line or 300 feet from any residential area.

Screening. The Township may require screening around exterior kennels and exterior facilities.

Control of nuisances. A plan for controlling noise, odor, sanitation, and waste disposal shall be provided.

Licenses. The applicant shall provide copies of all required licenses.

Sewage disposal. The Chester County Health Department shall inspect and approve the proposed method of sewage disposal.

Occupancy of agricultural soils. The facility shall be located on not more than 25% of prime agricultural soils.

The antique store shall be permitted only as an adaptive reuse of a historic structure in the Village Overlay District and in accordance with § 240-82.

The antique store shall contain no more than 1,500 gross square feet of floor area.

The antique store shall provide one parking space per 500 gross square feet of floor area.

The artist studio shall be permitted only as an adaptive reuse of an historic structure in the Village Overlay District and in accordance with § 240-82.

The artist studio shall employ not more than three persons.

Where instructional classes are provided, the use shall be limited to one class at a time with not more than 10 students in the class and not more than two instructors.

The artist studio shall provide one parking space per 500 gross square feet of floor area.

Accessory to single-family dwellings. Barns or stables for recreational use of horses may be permitted on lots occupied by single-family detached dwellings.[1]

Location criteria. No barn or stable shall be located within any minimum front yard.

Floor area. The floor area shall not exceed 750 square feet.

Height. The height of the barn or stable shall not exceed 20 feet or the height of the principal building, whichever is the lesser.

Setbacks. The barn or stable shall be set back not less than 100 feet from all lot lines.

Waste. No manure or waste shall be stored within 50 feet of any lot line and shall be removed not less than once each 14 days.

Licenses. Copies of applicable licenses or permits from the State of Pennsylvania shall be provided to the Township.

Play areas. All outdoor play areas shall be enclosed. Outdoor play areas shall not be located within the front yard and must be set back not less than 25 feet from all property lines. The Township may require screening.

Drop-off and pickup areas. Drop-off and pickup areas shall be arranged so that children do not have to cross traffic lanes on or adjacent to the site.

Employee parking. Off-street parking shall be provided for each employee. No additional front yard areas shall be used for parking spaces.

Signs. Not more than one two-sided sign may be permitted, not to exceed four square feet, and shall not be lighted.

Limited expansions allowed. Any lawful nonconforming use of land or structures, and any use contained therein, may be expanded or extended upon approval of the Zoning Hearing Board, subject to the following limitations:

Additional conditions imposed by Board. The Board may impose conditions to minimize potential adverse effects of the expansion, including, but not limited to, landscaping, screening, modifications on hours of operation, setbacks, etc.

Further expansions allowed by the Zoning Hearing Board. Proposed expansions that exceed any of the limitations listed in § 240-78A of this chapter may be granted at the discretion of the Zoning Hearing Board by variance.

Intent. Farm machinery service and repair facilities are intended to support agricultural land uses. Repairs shall be limited primarily to agricultural equipment. However, incidental repairs shall not be subject to this section.

Fuel storage. All fuel usage and storage on the premises shall comply with applicable state regulations pertaining to use and storage of fuels and flammable liquids.

Area. Not more than two acres shall be devoted to the operation.

Screening. All service shall be conducted in an enclosed structure, or in a rear yard, or in a screened area. The Township may require landscaping.

Exterior storage. All exterior storage (including vehicles) within 200 feet of a residential area shall be screened.

Intent.

Coverage. The maximum lot coverage of a farm-related business shall not exceed two acres of the parent parcel, including all structures, buildings, parking and outdoor storage, and shall not exceed a total of 4,000 square feet of building space.

Site area. The applicant shall demonstrate that the size of the site is the minimum needed to conduct the farm-related business.

Access. Farm-related businesses shall front on at least one major or minor collector road, or the applicant shall demonstrate to the Zoning Hearing Board that adjacent roadways can accommodate anticipated traffic.

Paving. The Township may require a paved apron or a gravel scraping area to prevent tracking of mud or manure onto any public roadway.

Length of driveway. The length of access drives shall be sufficient to accommodate stacking of delivery and customer vehicles.

Proximity to residential areas. Farm-related business structures or parking lots shall not be located within 200 feet of any residential area.

Screening. Except for the display of farm equipment for sale, outdoor storage of supplies, materials and products shall be screened from adjoining residential areas. The Zoning Hearing Board may require the use of screening at parking areas.

Signs. Notwithstanding Article X of this chapter to the contrary, not more than one outdoor sign shall be permitted for a farm-related business, not to exceed 16 square feet. The Board may limit lighting if the sign is within 300 feet of a residential area.

Hazards. If a proposed farm-related business presents a fire hazard, emits smoke, dust or other air pollutants, noise, light and glare, or creates a nuisance as a result of the hours of operation, the Board may attach such other reasonable conditions as deemed appropriate.

Storage. No outside storage areas shall be located closer than 100 feet to any property line. All such storage shall be screened from roads and residences (except dwellings located on the parcel).

Mobile homes. No mobile home used for nonresidential purposes or trailer may be utilized as part of the farm business, unless screened from view from adjacent areas.

Residence of owner. At least one owner or operator of the farm business shall reside on the premises. The owner shall be the operator of the business.

No subdivision. No portion of the farm-related business shall be subdivided from the parent parcel.

Conversions. Any building constructed for the use of the farm occupation shall be of the nature that it can be converted to only a permitted agricultural use or removed from the property if the farm occupation is discontinued.

General standards and criteria. In deciding upon applications for special exception uses in the Steep Slope Conservation Overlay District, the Zoning Hearing Board shall also evaluate and determine whether the following standards and criteria have been complied with:

Required plans. In hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the burden of proof shall fall upon the applicant. The Zoning Hearing Board may require the applicant to provide such reasonable plans, specifications, studies, and other information as may be necessary for the Board to arrive at a fair, impartial, and informed determination. Such required information may include, but is not necessarily limited to, the following:

Historic structures. The Zoning Hearing Board may waive any of the requirements of this section for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks.[1]

Intent. Newlin Township contains many structures that are historically important, represent a locally important architectural style, or represent an important link to the Township's past. Owners of these structures may desire to adapt them to modern uses instead of demolishing them or altering them in order to comply with various yard, bulk and lot regulations contained in this chapter, which could result in the elimination of their historical value. Therefore, the Board may adjust any yard, bulk or setback regulation in this chapter in the interest of adapting a historic structure to a modern use, subject to the provisions in this section.

Applicability. The provisions of this section shall apply to the sites and structures meeting the definition of historic resource in Article II. Where a historic resource is not identified in the documents listed in the definition, an applicant may submit an historic resource survey form, available from the Pennsylvania Historical and Museum Commission. The Zoning Hearing Board may determine that the resource is of national, state or local significance, making the resource eligible for the adaptive reuse standards herein.

Adjustments to standards. The provisions of this chapter may be adjusted to implement the purposes of this section. Any adjustment to the provisions of this chapter shall be necessary to allow the cost-effective and practical use of a historically or architecturally significant structure. The appellant shall demonstrate that the structure is important in terms of its history or architectural style, and he shall also show that the structure cannot be made to conform to the provisions of this chapter without a significant reduction in its historic or architectural value.

Minimum adjustments. Any adjustment to the provisions of this chapter shall be the minimum necessary to meet the intent of § 240-82A above. This section shall not apply to any structure within the one-hundred-year floodplain.

Conditions. The Board may impose conditions on the grant of any adjustment to the provisions of this chapter, such as requiring adherence to a particular architectural style, the use of screening, limitations on the use, etc.

Basis for denials of requests for adjustments. The Board may deny any request for adjustment to the provisions of this chapter on the basis of excessive congestion, traffic, population density, or danger due to fire, flood, structural integrity, or other danger.

Conditions for increase in population or lot count. This provision shall not be used to increase population density or lots unless such increase is necessary to preserve the integrity of the structure and shall result in some benefit to the neighborhood.

Variances. The use of this section shall not be construed to represent an appeal for a variance, unless requested by the appellant.

Location. The nonprofessional home occupation shall only be conducted within a building used for residential purposes or in an accessory building, and no products utilized in the nonprofessional home occupation shall be stored outside unless screened. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

Setbacks. All outdoor areas occupied by the activity shall be set back not less than 100 feet from all lot lines.

Area. An area representing not more than 25% of the total square footage of the dwelling, including all floors and habitable basement areas but excluding attic space, shall be devoted or used for the nonprofessional home occupation.

Employees. No more than two persons other than persons residing in the dwelling shall be employed on site in the nonprofessional home occupation.

No subdivisions. The nonprofessional home occupation structure shall not be subdivided from the parent parcel.

No alterations. No alterations to the exterior front facade of the dwelling shall be permitted, the effect of which would establish that the building is being used for purposes other than a dwelling.

Parking. Not less than two parking spaces shall be provided for the nonprofessional home occupation, in addition to the parking spaces provided for the dwelling. Notwithstanding provisions in Article IX of this chapter to the contrary, stacked or tandem parking spaces in driveways may be used to meet off-street parking requirements. Parking for the nonprofessional home occupation shall be located in side or rear yard areas or in garages; no additional front yard areas shall be used for parking. Commercial vehicles may be placed in side yard areas or on existing driveways. In such cases, the Township may require the use of screening. Notwithstanding the above, refrigerator trucks or other vehicles that operate machinery that is audible at any lot line for periods exceeding two hours when stationary shall be set back not less than 200 feet from all lot lines.

Sewage disposal inspections. The Township may require that the Chester County Health Department approve the method of sewage disposal.

Periodic reinspections. The Township may require periodic reinspection to ensure continued compliance with all applicable conditions.

Live/work units shall be permitted only in the Village Overlay District.

The commercial component of the live/work unit may be occupied by any use permitted in § 240-66C(2).

The residential and commercial spaces shall be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately.

Residential areas are permitted above, to the side, or in the back of the commercial component, provided that there is internal access between the residential and commercial space.

The commercial component shall be designated on the plan submitted to the Zoning Hearing Board. Should the commercial component cease to remain in use, said component may be converted to a residential use, occupied by the same tenant.

No more than two employees (excluding residents of the dwelling unit) shall work or report to work on the premises, and the employment of any persons who do not reside in the live/work unit shall comply with all applicable building code requirements.

The external access for the commercial component shall be oriented to the street and should have at least one external entrance/exit separate from the living space. The entrance to the commercial component shall be located on the ground level.

The live/work unit shall be required to provide parking for the commercial use in accordance with Article IX. The dwelling unit may share parking with the commercial use.

The residential component of a live/work unit shall occupy a minimum of 40% of the usable square floor area of the combined commercial/office and residential components.

Setbacks. All facilities (except for garages) shall be located not less than 200 feet of any lot line. No vehicles shall be parked or maintained less than 100 feet from any lot line.

Screening. The Township may require screening.

Control of nuisances. A plan, acceptable to the Zoning Hearing Board, for controlling noise, odor and waste disposal, shall be provided.

Not more than three events per year. Mass outdoor gatherings shall be periodic and shall not exceed three events per year, which shall not exceed two days each, and shall be accessory to a primary permitted use.

Control of nuisances. The applicant shall prepare a plan for the orderly control of parking, litter, noise, lighting, traffic, emergency access, sanitation, automobile and pedestrian movement.

Hours of operation. The Township may impose reasonable limitations on hours of operation.

Removal of structures. All structures shall be completely removed within seven days of the conclusion of each event.

Access. Access shall be from a major or minor collector road.

When an adaptive use of an historic structure is employed, the neighborhood commercial uses may occupy up to 3,500 gross square feet of floor area.

New buildings housing neighborhood commercial uses may occupy up to 2,000 gross square feet of floor area.

Parking shall be provided at a rate of one space per 500 gross square feet of floor area.

Parking for uses located in new structures shall be located to the side or rear of the building.

Plot plan required. Lots that are in single and separate ownership, which are not more than one acre in size, may be permitted to be developed with single-family dwellings, subject to the following conditions:

Conditions. The Zoning Hearing Board shall determine whether of not the proposed construction upon or use of the lot may endanger the health, safety or welfare of future occupants of the lot or others, including but not limited to interference with neighboring wells by the proposed septic system or the diversion or concentration of stormwater.

Wooded areas and steep slope areas. Option 3 developments shall be limited to areas where at least 1/3 of the site is wooded, and where the average topography is not less than 10%.

Driveways. Not more than two driveways that provide access to an estate lot shall be located within 100 feet of each other.

Screening. The Township may require the use of landscaping or other screening to limit the visibility of proposed structures.

Lot size. The lot area shall not be less than four acres.

Access. Access shall be from a major or minor collector road.

Parking setbacks. All off-street parking areas shall be set back at least 50 feet from all lot lines.

Screening of parking areas. The Township may require screening of parking areas.

Regulations for associated facilities. Residences, rectories, educational facilities, day care, and other facilities associated with places of worship shall conform to the following requirements:

Restaurants may occupy up to 3,500 gross square feet of floor area.

Applicants shall demonstrate adequate provisions for delivery and trash removal. Trash areas shall be screened in accordance with § 185-24M(4) of Chapter 185, Subdivision and Land Development.

Parking shall be provided at a rate of one space per 150 gross square feet of floor area. Shared parking may be employed.

When an adaptive use of an historic structure is employed, the retail service uses may occupy up to 3,500 gross square feet of floor area.

New buildings housing retail service uses may occupy up to 2,000 gross square feet of floor area.

Parking shall be provided at a rate of one space per 500 gross square feet of floor area.

Parking for uses located in new structures shall be located to the side or rear of the building.[1]

A commercial equine activity that involves: 1) the boarding of more than 20 horses that are not owned by the owner or operator; 2) providing lessons or training in handling, riding or driving to more than 10 individuals per week; or 3) providing more than five group lessons in handling, riding or driving per week to a group of at least six people, shall be permitted by special exception subject to the applicant complying with the following conditions:

Any commercial equine activity that involves an equestrian event shall be permitted by special exception subject to the applicant complying with the following conditions:

Indoor riding facilities. A maximum of one indoor riding facility shall be permitted per tract or lot by special exception, subject to the applicant complying with the following conditions:

Intent. This provision is intended to permit the limited use of areas near the Brandywine Creek for river-related recreational uses, while protecting the waterfront area and ensuring the long-term viability of such activities.

Minimum lot size. The minimum lot size shall be two acres.

Permitted uses.

Lighting. The applicant shall submit a lighting plan to the Township containing a layout of all proposed and existing luminaires.

Reuse to other uses. The Board may require the proposed use to be designed such that it may be reused for a permitted use upon the termination of the proposed use.

Control of nuisances. The Board may require the applicant to provide a plan for controlling noise, litter, parking, trespassing, sanitation, safe access and egress, and traffic.

Access. Access shall be from a major or minor collector road.

Landscaping. The Board may require landscaping and screening of any parking, loading and storage areas.

No increase in detrimental effects. No nonconforming use shall be permitted to be substituted with a different nonconforming use unless the Board determines that the proposed replacement use shall not be more detrimental to the neighboring properties and uses than the existing nonconforming use, and shall not represent a greater degree of nonconformity. The proposed use shall not generate higher levels of noise, smoke, glare or other potential nuisance or safety hazard off or on the property than the existing nonconforming use.

No increase in traffic. The proposed nonconforming use shall not result in increases in traffic.

Control of adverse effects. The Board may impose conditions on the proposed nonconforming use to limit potential adverse effects on adjoining areas. Such conditions may include, but need not be limited to, limitations on hours of operation, setback requirements, limitations on the physical extent of the proposed use, or other modifications to the conduct of the proposed nonconforming use.

Landscaping. The Board may require landscaping.

Purpose. A particular use may be allowed in a district if the use is not materially different from other permitted uses. Such uses may be permitted only if the applicant demonstrates that:

Conditions. If the proposed use is similar to a use that is permitted by right in the same district, the Zoning Hearing Board may allow the use, provided the preceding requirements in this section are met. If the proposed use is similar to a use permitted by special exception, the Zoning Hearing Board may allow the use, provided the preceding requirements in this section are met, as well as subject to the conditions expressed for the special exception use that are most similar to the proposed use. If the proposed use is similar to a use permitted by conditional use, the Board of Supervisors may allow the use, provided the preceding requirements in this section are met, as well as subject to the conditions expressed for the conditional use that are most similar to the proposed use. The preceding provisions shall not be construed as a variance.