Newtown Township City Zoning Code
ARTICLE XIX
SU-1 Special Use Districts
§ 172-86 Purpose.
The purpose of this article is to establish a zoning district which will act as a buffer zone between residential land uses and other more intense nonresidential land uses or to reflect historic or difficult geographic features of particular tracts, such as soil type, marsh areas, slopes and ravines, or a combination thereof.
§ 172-87 Applicability.
In SU-1 Special Use Districts, the regulations contained in this article shall apply.
§ 172-88 Use regulations.
A.
Uses as of right. Any use of a building or lot located in the SU-1 Special Use District which is in lawful existence on the effective date of the ordinance establishing such district (Ordinance No. 1983-1) and which, in the absence of this provision, would not be in conformity with the provisions of this article shall be permitted to continue as of right in, on or at such building or lot.
B.
Conditional use. A building may be erected, altered, occupied or used and a lot may be used or occupied for any of the following purposes, provided that such structure, erection, alteration, occupation or use is in conformity with a conditional use plan approved by the Board of Supervisors:
(1)
Scientific research laboratories, provided that there is no commercial production and no storage of any commodity or substance whatsoever at such laboratories, except for such storage as is necessary for the conduct of scientific research, and provided further that such laboratories do not emit odors, dust, fumes, smoke, heat or gas or discharge any uncontrolled liquid or solid wastes or cause vibrations, noise or glare which may be detrimental to the public health, safety, comfort, convenience or general welfare or which may cause damage to or unreasonably interfere with the use and enjoyment of public or private property.
(2)
Offices.
(a)
Offices for administrative, executive, governmental, professional, sales and/or similar uses and/or for the provision of medical and health care services on an outpatient basis only, provided that no commercial storage, exchange, sales or delivery of merchandise is conducted in or from such offices, and provided that:
[Amended 3-11-1985 by Ord. No. 1985-4; 3-26-2001 by Ord. No. 2001-1; 8-12-2013 by Ord. No. 2013-06]
[1]
Any building used or to be used for the purposes permitted by Subsection B(1) and (2) hereof which contains 4,000 net square feet or less of floor space shall be constructed solely for the use of or shall be used or occupied solely by a single business entity and/or affiliates of such single business entity.
[3]
Any offices which are used for the provision of outpatient medical and health care services shall not provide beds for recipients of such services except in connection with sleep study sessions.
(b)
As used in Subsection B(2)(a)[1] and [2] hereof, the term "business entity" means person, partnership, corporation, unincorporated association, joint venture, governmental agency, public or private foundation, education institution or similar organization. The term "affiliate" means a parent, subsidiary, division or affiliate of a corporation or any business entity having a similar relationship to a business entity which may use or occupy offices in an office building under this section.[1]
[1]
Editor's Note: Former Subsection B(3), regarding any use permitted in R-5 Residence District, which immediately followed this subsection ,was repealed 2-12-2024 by Ord. No. 2024-02. This ordinance also redesignated former Subsection B(4) through (6) as Subsection B(3) through (5).
(3)
Any use of an existing building, landmark or site which has been designated as historic by the federal government, the commonwealth or which is listed on the Historic Sites Map proposed by the Delaware County Planning Commission of December 1979 as part of a proposed Comprehensive Plan for Newtown, provided that such use is compatible with the historic nature of such building, landmark or site and will contribute to the preservation of such building, landmark or site.
(4)
Golf courses, if over 2,500 yards in length for a nine-hole course or if over 5,000 yards for an eighteen-hole course, provided that such courses are not illuminated for nighttime use.
(5)
Accessory uses in the same building or on the same lot with and customarily incidental to any of the uses permitted by Subsection B(1) through (5) hereof, provided that such accessory uses will not be detrimental to the public health, safety, comfort, convenience or general welfare or cause damage to or unreasonably interfere with the use or enjoyment of public or private property, and provided further that such accessory uses are approved in conjunction with approval, pursuant to §§ 172-89 and 172-90, of the uses described in Subsection B(1) through (5) hereof. Accessory uses permitted by this Subsection B(6) shall include, without limitation of the foregoing:
(a)
A cafeteria located within a building constructed for and/or used for the purposes described in Subsection B(1) and (2) hereof, provided that such cafeteria is operated by or on behalf of any employer or employers who use or occupy offices within such building, and provided further that any such cafeteria is operated for the exclusive use of employers or business visitors of such employer or employers, and provided further that no more than 10% of the net floor space of any such building is used for cafeteria purposes.
C.
Adult entertainment uses. The uses permitted by right and the uses permitted as conditional uses shall not include adult entertainment uses, as defined in this zoning chapter.
[Added 1-6-1997 by Ord. No. 1997-1]
§ 172-89 Conditional use approval.
A.
Planning Commission review.
(1)
In reviewing an application for approval of any preliminary or final plans for a proposed conditional use permitted by § 172-88, the Planning Commission shall consider the following factors:
(a)
Whether the proposed conditional use will have a detrimental effect on the health, safety, comfort, convenience, morals or general welfare of the public and, in particular, the residents in the immediate vicinity of the proposed conditional use.
(b)
Whether the proposed conditional use and all structures, equipment or materials used therefor or therein are readily accessible to police and fire protection.
(c)
Whether the proposed conditional use will be of such dimension, location and character as to be consistent with the scheme of development prescribed by the Township Comprehensive Plan.
(d)
Whether the proposed conditional use will include traffic accessways which are adequate to provide safe ingress and egress to and from public streets and highways without undue congestion to or interference with normal traffic flow within the Township.
(e)
Whether the proposed conditional use makes adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site of the proposed conditional use.
(f)
Whether the site of the proposed conditional use will be adequately drained without adversely affecting adjoining properties, and whether all slopes and grade on the site will be adequately protected against erosion.
(g)
Whether the proposed conditional use will unduly interfere with or adversely affect natural resources, such as streams, lakes, swamps, springs, wetlands, woodlands, slopes and grades, wildlife habitats and trees over eight inches in diameter measured three feet above the base of the trunk, which are located on the site of the proposed conditional use.
(h)
Whether merchandise, goods, products, articles or equipment will be stored or displayed outside of a building or on a lot for which a conditional use is proposed, and whether such items will be stored or displayed inside a building for which a conditional use is proposed in a manner which renders such items visible from beyond the property line of such use.
(i)
Whether the proposed conditional use will diminish the value of properties adjacent to or in the vicinity of the proposed conditional use.
(j)
Whether the proposed conditional use is physically suited to the site of such proposed use in view of the topographical, soil, hydrogeological and environmental characteristics of such site.
(k)
Whether the proposed conditional use will cause an unreasonable and substantial interference with the use and enjoyment of properties to or in the vicinity of the proposed use.
(l)
Whether the proposed conditional use is compatible with the existing use of the immediate vicinity.
(m)
Whether the proposed conditional use will result in an unreasonable density of population or overcrowding of the land.
(n)
Whether the proposed conditional use will deprive adjacent properties of adequate light and air.
(o)
Whether the proposed conditional use will substantially burden existing sewerage facilities, schools, parks, utilities and other public services.
(p)
Whether the proposed conditional use complies with all sections of this article, particularly as related to land development and subdivision standards.
(2)
On the basis of this review, the Planning Commission shall make a recommendation to the Board of Supervisors as to whether the application and plans should be approved, approved subject to conditions or rejected. The Board of Supervisors shall consider but shall not be bound by the recommendations of the Commission.
B.
Factors for consideration by Board of Supervisors. In determining whether to approve, approve subject to conditions or reject an application for preliminary or final plans for a conditional use permitted by § 172-88, the Board of Supervisors shall consider the following factors:
C.
Criteria for approval by Board of Supervisors. The Board of Supervisors shall approve an application and plans for a conditional use permitted by § 172-88 only if it has determined that each of the following criteria are or will be satisfied:
(1)
The proposed conditional use will not have a detrimental effect on the health, safety, comfort, convenience, morals or general welfare of the public and, in particular, residents in the immediate neighborhood.
(2)
The proposed conditional use and all structures, equipment or materials used therefor or therein shall be readily accessible to police and fire protection.
(4)
The proposed conditional use shall not create an increase in traffic of such character as to create a high probability of danger to the health and safety of the community.
(5)
The proposed conditional use shall not unduly interfere with or damage natural resources, such as streams, lakes, swamps, springs, wetlands, woodlands, slopes and grades, wildlife habitats and trees over eight inches in diameter measured three feet above the base of the trunk, which are located on or near the site of the proposed conditional use.
(6)
The proposed conditional use shall not involve the storage or display outside of a building or on a lot for which a conditional use is proposed of any merchandise, goods, products, articles or equipment, except for living plants and motor vehicles parked outside such building or on such lot in conformity with the requirements of Article XXIV.
(7)
The proposed conditional use shall not involve the storage or display inside a building of merchandise, goods, products, articles or equipment if such storage or display is visible from outside the building beyond the property lines of the site on which the conditional use is proposed to be located.
(8)
The proposed conditional use shall not cause a substantial decrease in the value of properties in the vicinity of the proposed use.
(9)
The proposed conditional use shall be physically suited to the land on which it is proposed to be located in view of the topography, hydrogeology, soil and other physical features of the land.
(10)
The proposed conditional use shall not create an unreasonable and substantial interference with the use and enjoyment of properties in the vicinity of the proposed use.
§ 172-90 Compliance with land development legislation.
Applications for special use approval shall be subject to and comply with Chapter 148, Subdivision and Land Development, of the Code of the Township of Newtown. In addition, location, dimensions and arrangements of all areas devoted to plantings, lawns, trees and other green areas shall also be shown on the plans.
§ 172-91 Area regulations.
A.
Lot area. Every lot shall have a lot area of three acres or more, and such lot shall be not less than 300 feet in width at the building line. The tract of land on which each permitted use is conducted shall be held in single ownership and shall be operated under unified contract or management.
B.
Building area. No more than 30% of the total square footage of each tract for which a conditional use is proposed shall be occupied by buildings, and not more than 60% of the total square footage of each tract shall be occupied by a combination of buildings and parking areas. Where a lot held in single and separate ownership at the time this section is enacted is proposed to be subdivided into two lots, the buildings area and impervious area requirements contained herein shall apply to the tract as a whole and not to the individual lots hereinafter created, provided that:
[Amended 8-12-2013 by Ord. No. 2013-06]
(1)
No more than two office buildings shall be located on a tract which contains 50 acres or less and is located adjacent to West Chester Pike and west of Medical Drive;
(2)
No more than a total of 400,000 square feet of office space (exclusive of structured parking facilities) shall be located on a tract which contains 50 acres or less and is located adjacent to West Chester Pike and west of Medical Drive;
(3)
Existing buildings may be demolished, reconstructed, expanded and/or adaptively reused for any of the uses permitted in the SU-1 Zoning District, provided that the new building or buildings shall not be permitted to exceed the total square footage of the demolished building or buildings. Impervious surface shall not be increased by more than 1%. Conditional use shall not be required for the demolition, reconstruction, expansion and/or adaptive reuse of existing buildings.
C.
Setback. All buildings shall be set back no less than 200 feet from all street rights-of-way against which the lot which is the site of the proposed conditional use abuts and no less than 100 feet from all other property lines or other buildings located on the lot, except that the Board of Supervisors may, upon individual application, reduce the setback to not less than 75 feet from all right-of-way lines against which the lot abuts where it is shown by the applicant that such reduction in setback is necessary due to the unusual slope, size or topography of the lot, except as follows:
[Amended 9-12-1983 by Ord. No. 1983-11; 9-8-1997 by Ord. No. 1997-9; 8-12-2013 by Ord. No. 2013-06]
(1)
All buildings located adjacent to West Chester Pike and west of Medical Drive shall be set back a minimum distance of 200 feet from existing or proposed curblines of West Chester Pike. Required building setback areas from West Chester Pike shall be devoted to walkways, street trees, off-street parking, green areas, stormwater management, or a combination thereof. Limited driveway and road access through such setbacks shall be permitted. All buildings shall be set back a minimum distance of 10 feet from curblines of all other existing or proposed streets. Such setback areas shall be devoted to walkways, street trees, green areas, stormwater management facilities or a combination thereof. Limited driveway and road access through such setbacks shall be permitted. No off-street parking shall be permitted within 100 feet of West Chester Pike. No setbacks shall be required from interior lot lines abutting other lots within the SU-1 District.
(2)
All one- or two-story buildings located between Winding Way and Medical Office Drive shall be set back a minimum distance of 35 feet from existing or proposed curblines of West Chester Pike. All buildings greater than two stories located between Winding Way and Medical Office Drive shall be set back a minimum distance of 75 feet from existing or proposed curblines of West Chester Pike. Required building setback areas from West Chester Pike shall be devoted to walkways, street trees, off-street parking, green areas, stormwater management, or a combination thereof. Limited driveway and road access through such setbacks shall be permitted. All buildings shall be set back a minimum distance of 10 feet from curb lines of all other existing or proposed streets. Such setback areas shall be devoted to walkways, street trees, green areas, stormwater management facilities or a combination thereof. Limited driveway and road access through such setbacks shall be permitted. No off-street parking shall be permitted within 100 feet of West Chester Pike. No setbacks shall be required from interior lot lines abutting other lots within the SU-1 District.
(3)
Existing buildings which are demolished and reconstructed, expanded and/or adaptively reused shall be set back a minimum distance of 50 feet from adjacent properties, 300 feet from Goshen Road, and 10 feet from curblines of all other existing or proposed streets.
(4)
Where, in conjunction with special use district development plan approval, an applicant donates land to abutting property owners, the applicant may, with the agreement of the Board of Supervisors, include some or all of the donated land as part of the setback from property lines other than street rights-of-way.
D.
Landscaping. Each lot on which a permitted conditional use is conducted shall be landscaped or otherwise screened by the use of trees, plantings or other means, in a manner which will ensure that the lot and conditional use conducted thereon will not detract from and shall adequately safeguard the residential character of adjacent districts.
§ 172-92 Height regulations.
[Amended 9-8-1997 by Ord. No. 1997-9; 8-12-2013 by Ord. No. 2013-06]
No building shall have more than three stories, exclusive of basement, nor shall it exceed 45 feet in height, subject, however, to the following provisions:
A.
The height of a principal building may be increased from 45 feet in height to 50 feet in height, provided that the following conditions are satisfied:
(1)
The building shall have no more than three stories, exclusive of basement;
(2)
Every additional foot of height above 45 feet, but not to exceed 50 feet, shall require an additional ten-foot setback from all street rights-of-way; and
(3)
The principal building shall be located at least 300 feet from any residential zoning district boundary.
B.
Buildings located adjacent to West Chester Pike and west of Winding Way shall be permitted to be five stories or 70 feet in height.
§ 172-93 Buffer requirements.
Along each side or rear property line of a lot which directly abuts a residence district of the Township or similar district in an adjoining municipality, a fence and a buffer planting strip of not less than 50 feet in width shall be provided. On the buffer planting strip, there shall be placed shrubbery, trees or other plantings sufficient to screen the lot and the conditional use conducted thereon from abutting residential districts and to ensure that the residential character of abutting districts is not adversely affected by such lot or any conditional use conducted thereon. Along each street line of the lot, a buffer strip of not less than 25 feet in width shall be provided, which shall be landscaped in the manner provided above and which may include sidewalks and accessways necessary or appropriate for the conditional use conducted on the lot.
§ 172-94 Sewer and water service; utilities; solid waste.
A.
A conditional use permitted under this article shall be served by public sanitary sewers and water. If public sanitary sewers are not available, such conditional use shall be serviced by an on-site sewage facility constructed to and operated in accordance with the Township standards.
B.
All utility lines servicing a conditional use permitted under this article shall be placed underground within the property lines of the lot on which the special use is located. All utility equipment, other than utility lines, located aboveground shall be screened by shrubbery, plantings or other landscaping.
C.
All trash, garbage, rubbish and debris of every kind generated by the special use shall be stored within a completely enclosed building in a fireproofed room and shall be collected and disposed of by private collectors, at no cost to the Township, as often as is reasonably necessary to preserve the public health, safety, comfort, convenience and general welfare. If dumpster-type containers are used, such containers shall be stored within a completely enclosed building.
§ 172-95 Amendments to development plan.
A.
Any SU Special Use District development plan which has been approved by the Board of Supervisors pursuant to §§ 172-89 and 172-90 may be amended by the owner, developer or builder in accordance with the following procedures:
(1)
The person seeking an amendment to the plan ("applicant") shall submit to the Township an application for an amendment of a special use district plan, together with information describing the proposed amendment. The Zoning Officer shall verify the accuracy of all documents submitted by the applicant in conjunction with the application.
(2)
The application and supporting documents shall be submitted to the Township. The Board of Supervisors shall determine whether the proposed amendment is of sufficient scope to warrant further site review under the procedures set forth in §§ 172-89 and 172-90. If it is determined that further site review is necessary, the Board of Supervisors shall decide whether to approve or deny the proposed amendment on the basis of such site review. The zoning fees established under Articles XXX and XXII shall apply in such cases.
B.
If it is determined that the proposed amendment is not of sufficient scope to warrant further site review, the Board of Supervisors shall decide on the basis of the application and supporting documents whether to approve or deny the proposed amendment. A zoning fee equal to that required to be paid for Planning Commission reviews shall be applied in such cases. In all cases, the Board of Supervisors shall advise the Zoning Officer of its decision.
§ 172-96 Modifications of buildings and lots; change in use; abandonment.
A.
No physical modification or extension of or change in use of a building or lot for which an SU Special Use District development plan has been approved shall be permitted, unless and until such plan has been amended to reflect such modification, extension or change pursuant to § 172-95.
B.
Physical modification or extension. Any physical modification or extension of a building used in a manner permitted as of right under § 172-88A may be made only after approval of such modification or extension by the Board of Supervisors pursuant to the procedures set forth in § 172-95A and B, except that, in such cases, the person seeking the modification or extension shall submit to the Zoning Officer an application for modification or extension of a use as of right in an SU-1 or SU-2 Special Use District. No modification or extension shall be approved unless it is determined that such modification or extension satisfies the requirements of § 172-89.
§ 172-97 Nonconforming lots.
A building may be erected on any lot in the SU-1 Special Use District held in single and separate ownership on the effective date of the ordinance establishing this SU-1 Special Use District where such lot is not of the required minimum area or frontage or is of such unusual dimensions that the owner cannot reasonably provide the open spaces required by the provisions of this article, provided that such erection is approved by the Board of Supervisors after consideration of the factors set forth in § 172-89.
§ 172-97.1 Off-street parking.
[Added 8-12-2013 by Ord. No. 2013-06]
A.
There shall be 3.5 parking spaces for every 1,000 square feet of gross floor area for all office uses permitted in the SU-1 District. The parking for all other permitted uses shall be in accordance with § 172-132 of this Zoning chapter.
B.
Off-street parking spaces shall be a minimum of nine feet by 18 feet. However, a minimum of 2% of the minimum number of parking spaces on the tract shall be a minimum of 10 feet by 18 feet.
C.
Required parking lot green area. Where parking areas, loading and unloading facilities and accompanying access from a street or driveway exceeds 3,000 square feet, a minimum of 10% of all paved areas shall be devoted to green areas, or 5% may be provided if the parking is substantially located to the rear of the buildings and it can be demonstrated that views of the parking lot from the public right-of-way are shielded by a combination of landscaping and/or berming. In such a case, there shall not be a requirement for green areas between rows of parking spaces. Green area requirements shall not be applicable in structured parking or multilevel parking facilities.