Newtown Township City Zoning Code
ARTICLE IV
Conditional Uses
§ 172-18 Requirements for approval.
[Amended 5-14-1984 by Ord. No. 1984-2]
A.
The Board of Supervisors may permit a conditional use when the standards and criteria set forth below are considered and when the procedures set forth below are followed.
§ 172-19 Approval procedure.
A.
Planning Commission review. In reviewing an application for approval of any preliminary or final plans for a proposed conditional use, the Planning Commission shall consider the following factors:
(1)
All provisions contained in § 172-89A(1)(a) through (p), which relate to conditional uses.
(3)
Whether the proposed conditional use complies with all sections of this article, all zoning provisions applicable to the districts within which the conditional use will lie and the provisions of the land development and subdivision standards of the Township.
B.
Planning Commission recommendation. On the basis of the above 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 recommendation of the Planning Commission.
C.
Board of Supervisors. In reviewing an application for approval of preliminary or final plans for a conditional use, the Board of Supervisors shall consider the following factors:
D.
Board of Supervisors dispositions. On the basis of the above review, the Board of Supervisors shall either approve, approve subject to conditions or reject the application.
[Amended 5-14-1984 by Ord. No. 1984-2]
§ 172-20 Other applicable provisions.
§ 172-21 Additional regulations for residence districts.
[Amended 11-11-1985 by Ord. No. 1985-13]
Conditional uses within residence districts shall comply with the following additional regulations:
A.
Application requirements. The applicant, as part of his conditional use application, shall include the following information as set forth in Subsection A(1) through (4) below:
(1)
Proposed use program: a description of all proposed uses and activities associated with the applicant's conditional use request, including:
(a)
Program objectives and program experience of the applicant.
(b)
Types of activities associated with the proposed conditional use.
(c)
Numbers of persons for which the facility will be designed and is expected to accommodate at any one time, average day, and peak hour and day, by the following categories of residents: staff, volunteers and visitors. Information shall also be provided, if applicable, on the proposed occurrences of employee work shifts.
(2)
Site plan and proposed improvements: a description of the applicant's property and all proposed improvements, including:
(a)
Existing property conditions with respect to property configuration, existing uses, topography, soils, drainage and vegetation, as well as conditions on adjoining properties with respect to existing uses and the extent to which the applicant's property is currently visible to those uses.
(b)
Locations, sizes and uses of all proposed buildings and other facilities, including illustrative architectural plans of such improvements.
(c)
The locations and sizes of all proposed streets, driveways, parking areas and loading and unloading areas. Proposed vehicular and pedestrian circulation patterns shall also be indicated.
(d)
Types, locations and preliminary plans of proposed facilities for water supply, sewage collection and treatment, solid waste collection, emergency water supplies for fire suppression, utilities services, including aboveground and underground storage tanks and emergency power, and stormwater management.
(e)
A plan showing facility changes and impact on public facilities, including roads, water and sewer systems, private water and sewer systems and health, safety and welfare of the surrounding area, which the applicant contemplates for a period of five years from commencing operation or approval of application, whichever is later. Omission of this plan shall be deemed a waiver of any right to expansion of facilities under this article for a period of five years from the date of the application.
(3)
Operations plan: a description of the operational aspects of the proposed use, including:
(a)
A listing of all mandatory federal, state and county operating, licensing and approval requirements for undertaking and maintaining the proposed conditional use, including the current status of the applicant with respect to their compliance, as well as approximate dates when such licenses and approvals are anticipated to be received.
(b)
A listing of the positions and locations of persons responsible for operating the proposed conditional use during a normal twenty-four-hour period, as well as during emergencies.
(c)
If residential clientele are anticipated to have either physical or mental limitations that would impair their mobility or judgment, an emergency evacuation plan.
(d)
An administratively feasible means for the Township to verify that the applicant would comply with all statements contained in the application should such application be approved by the Township.
(4)
Community impact assessment: a description of anticipated impacts of the proposed conditional use on the community and those measures proposed by the applicant to mitigate adverse impacts. Minimum requirements for such an assessment shall include:
(a)
An assessment of site disturbances, including but not necessarily limited to vegetation removal, earth movement and alteration of natural drainage, and the impacts of such actions on the surrounding neighborhood.
(b)
An assessment of the traffic, noise and visual impacts of the applicant's proposed improvements and activities on the surrounding area, taking into account average and peak activity conditions occurring during daylight and nighttime hours. The traffic impact assessment shall include a report of current and projected traffic counts and computations for parking requirements, prepared by an individual with professional qualifications acceptable to Newtown Township.
(c)
An assessment of impacts of the applicant's proposed sewage facilities and stormwater management systems.
B.
Standards and criteria for approval. In addition to those standards and criteria contained in §§ 172-19 and 172-20, the following standards and criteria shall be used by the Township in reviewing applications for conditional uses within residential districts:
(1)
Density. It is the intent of these regulations to allow only those conditional uses which would not adversely impact the residential areas in which they are located. Every conditional use granted under this section shall contain specific provisions limiting the density of the proposed use. The Board of Supervisors, taking into consideration the impact and the degree of intrusion of a proposed use upon surrounding residential land uses, if the use is determined acceptable, shall establish maximum limits for the following, as applicable:
(a)
The number of persons or families that may reside on the property.
(b)
The number of clients and/or recipients of the services, including school students.
(c)
The number of employees and volunteers engaged during any twenty-four-hour period and during any one shift.
(d)
The number of motor vehicles and parking spaces permitted.
(2)
Frontage, area and bulk standards. The following standards shall apply to all conditional uses in residential districts:
(a)
Lot area and ownership. Every lot shall meet the minimum area and dimension standards of the residence district in which it is located. 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)
Frontage on a public street. Every lot shall meet the minimum road frontage requirements of the residence district in which it is located. Such frontage shall be on a through street, as opposed to a cul-de-sac, except in the case of an enlargement to a special exception granted by the Zoning Hearing Board prior to the adoption of this section.
(c)
Coverage. No more than 15% of the total area for each lot for which a conditional use is proposed shall be occupied by buildings, and no more than 40% of the lot shall be occupied by a combination of buildings, parking areas and all other impervious surfaces.
(d)
Setbacks. Minimum setback standards contained in § 172-20 for all conditional uses shall be waived for such uses in residence districts. Applicable minimum setbacks shall be those specified for the residence district in which the proposed conditional use is located. No parking shall be permitted within any setback area required for a conditional use in a residence district unless specifically approved to limit disturbance to adjacent properties.
(e)
Height. No building shall include more than three floor levels, and the height of any building shall not exceed 35 feet when measured from the lowest point of grade at the building.
(3)
Driveways and off-street parking. Where possible, as determined by the Township, vehicle access shall be provided by two or more driveways or streets, and, where such access points are from one street, they will be located at least 500 feet apart. These standards are intended to facilitate efficient and safe traffic movement and provide for more than one point of ingress and egress during times of emergencies. All parking requirements of the proposed use must be met by off-street parking areas. No on-street parking shall be permitted.
(4)
Water and sewage facilities. The property and the proposed uses thereon shall be served by public water or a private water system capable of supplying adequate domestic needs and fire-suppression needs, as determined by the Township, using current NFPA Life Safety Code 101 and other NFPA standards. Sanitary sewage systems shall be controlled or operated by the Township or the Township Sewer Authority.
C.
Contingent approval.
(1)
Any approval of a conditional use by the Board of Supervisors is contingent upon the applicant receiving and maintaining all necessary federal, state and county licenses and approvals for constructing and operating all proposed improvements and uses, as outlined in the application requirements of Subsection A(3)(a) hereof.
§ 172-22 Existing special exceptions now deemed conditional uses.
[Amended 11-11-1985 by Ord. No. 1985-13]
To the extent permitted by law, all uses, requirements and conditions which were authorized by special exception prior to the date of this chapter pursuant to § 172-29A(1)(b) and (c), prior to its amendment, and herein described as conditional uses in § 172-29A shall be deemed conditional uses under this article for purposes of amendments, modifications, expansions or other matters.
§ 172-23 Request for relief from mandatory provisions.
[Amended 1-13-1986 by Ord. No. 1986-4]
A.
If a mandatory provision under these regulations is shown by the applicant, to the satisfaction of the majority of the Board of Supervisors, to be unreasonable and to cause undue hardship as it applies to his application, the Board of Supervisors may grant relief to such applicant from such mandatory provisions so that substantial justice may be done and the public interest secured, provided that such variation will not have the effect of nullifying the intent and purpose of these regulations. The Board of Supervisors may require other conditions to be imposed in their place.
B.
Where an applicant petitions for relief from one or more of the mandatory provisions of these regulations, the Board of Supervisors, as part of a public hearing, shall consider the request in conjunction with the overall application and shall vote on the specific relief requested separately from the decision concerning the total application. Such a vote shall take place only after the question has been advertised in the same manner as required for a petition to the Zoning Hearing Board under this chapter and the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 172-24 Table of conditional uses.
[Amended 9-10-2018 by Ord. No. 2018-05]
The following are references to specific conditional uses as provided for in this chapter, the Floodplain Conservation District and the Slope Conservation District:
District | Section | Description |
|---|---|---|
R-1, R-1A, R-2 and R-3 | Nonprofit school, church, religious or philanthropic use, when including residential clientele | |
Nonprofit club, when including residential clientele | ||
SU-1 | § 172-88B | Scientific research laboratories, offices, R-5 uses, historic structures on sites, golf courses or accessory uses, including cafeterias |
SU-2 | § 172-99B | SU-1 uses, nurseries and greenhouses, new car sales, golf courses and recreational uses, convalescent and nursing homes, service office buildings, schools, dormitories, church, religious or philanthropic uses or restaurants, if food consumed on premises |
All districts except A-O, A and C-1 | Heliports landing between 12:00 midnight and 6:00 a.m. | |
Slope conservation | § 134-7 | Conservation and recreation, cultivation and agriculture, sealed water supply wells, accessory uses or road or access driveways |
Floodplain | § 91-7[1] | Sanitary and storm sewers, outpost and pumping stations, aboveground utility lines, drains, culverts and bridges, grading or degrading, paved roads, drives and parking lots, impounding basins or similar structures |
R-1, R-1A, R2 and R-3 | § 172-29A(2), Article XXD | Cluster Development Community Overlay District |
§ 172-25 Violations and penalties.
[Amended 5-14-1984 by Ord. No. 1984-2; 11-11-1985 by Ord. No. 1985-13]
All violations of the provisions of conditional use permits issued pursuant to this article shall be deemed to be violations of this chapter for purposes of the enforcement provisions of Article XXXI.