Norristown City Zoning Code
ARTICLE XXI
Special Exceptions
§ 320-215 General standards for Zoning Hearing Board review.
In the consideration of an application for a special exception, the Zoning Hearing Board shall:
A.
Consider the suitability of the property for the use desired. Assure itself that the proposal is consistent with the spirit, purpose and intent of the Zoning Ordinance, the Comprehensive Plan and other relevant plans adopted by Municipal Council.
B.
Determine that the proposal will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the adjacent property is adequately safeguarded.
C.
Determine that the proposal will serve the best interests of the Municipality, the convenience of the community (where applicable) and benefit the public welfare; also ensure that the proposal will have a positive effect on the visual, physical, economic and social needs of the community.
D.
Consider the effect of the proposal upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police and fire protection and public schools.
E.
Consider the suitability of the proposed location of use with respect to probable effects upon highway traffic and pedestrian movements and assure adequate access and circulation arrangements in order to protect major roads from undue congestion and hazard.
F.
Be guided in its study, review and recommendation by sound standards of subdivision and land development practice where applicable.
G.
Impose such conditions and safeguards in addition to those required as are necessary to assure that the intent of this chapter and the Comprehensive Plan are complied with, which conditions may include (but are not limited to) harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements and adequate standards of parking, loading and sanitation.
H.
The Zoning Hearing Board shall be limited to consideration of applications as they relate to ordinance provisions in effect at the time of the application. Norristown Municipal Council shall retain the exclusive right to enact and amend ordinances.
§ 320-216 Conditions.
The Zoning Hearing Board shall allow each of the following uses as a special exception in a district in which such use is designated as a special exception only if it complies with the conditions listed below and any conditions deemed necessary by the Board to implement the intent of this chapter.
B.
Group homes.
[Amended 9-19-2017 by Ord. No. 17-09]
(1)
A fire sprinkler system which complies with NFPA 13D (2016) shall be installed throughout the group home and any attached accessory buildings.
(2)
A fire alarm system which complies with Chapter 11 of NFPA 72 (2016) shall be installed throughout the group home and any attached accessory structures.
(3)
When applying for a group home permit, the applicant shall provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who will occupy each sleeping room, to demonstrate that the group home will not be overcrowded and in compliance with all applicable building codes.
(4)
When applying for a group home permit, the applicant shall provide a written statement describing how the facility will have adequate trained staff supervision for the number of residents and their related disability or disabilities.
(5)
Supervisory, counseling and medical services shall be provided only to residents of the group home and no outpatient services will be provided to individuals who are not residents of the group home.
(6)
A minimum of one nonresident (caretaker) employee shall be on the premises at all times and shall be readily available to provide assistance to residents of the group home.
(7)
All nonresident (caretaker) employees shall be qualified by training and/or experience to provide supervision and care to residents of the group home.
(8)
If a group home is in a residential district, an appearance shall be maintained closely similar to nearby dwellings, and no sign shall identify the use.
C.
Institutional homes.
[Amended 9-19-2017 by Ord. No. 17-09]
(1)
A fire sprinkler system which complies with NFPA 13D (2016) shall be installed throughout the group home and any attached accessory buildings.
(2)
A fire alarm system which complies with Chapter 11 of NFPA 72 (2016) shall be installed throughout the group home and any attached accessory structures.
(3)
When applying for a group home permit, the applicant shall provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who will occupy each sleeping room, to demonstrate that the group home will not be overcrowded and in compliance with all applicable building codes.
(4)
When applying for a group home permit, the applicant shall provide a written statement describing how the facility will have adequate trained staff supervision for the number of residents and their related disability or disabilities.
(5)
Supervisory, counseling and medical services shall be provided only to residents of the group home and no outpatient services will be provided to individuals who are not residents of the group home.
(6)
A minimum of one nonresident (caretaker) employee shall be on the premises at all times and shall be readily available to provide assistance to residents of the group home.
(7)
All nonresident (caretaker) employees shall be qualified by training and/or experience to provide supervision and care to residents of the group home.
(8)
If a group home is in a residential district, an appearance shall be maintained closely similar to nearby dwellings, and no sign shall identify the use.
D.
Family day-care homes.
(1)
The owner must be registered or licensed, as applicable, with the Pennsylvania Department of Public Welfare (DPW) and must demonstrate compliance with all DPW regulations for such homes, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire-safety codes.
(2)
A drop-off area shall be provided with sufficient area to allow the temporary parking of a parked vehicle. An existing driveway or common parking area may be used.
(a)
If a driveway is used for the drop-off area and the proposed use fronts on an arterial or collector street, a turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the drop-off area for a family day-care home cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility or that all clients will walk to the facility.
(b)
Outdoor play shall be limited to the hours between 8:00 a.m. and sunset.
(3)
Signs shall comply with standards governing signs for home occupations, according to the requirements of Article XXVII, Signs.
(4)
Any addition or improvement to an existing residential structure or property for purposes of home day care shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be compatible with the existing structure.
(5)
Each operator of a newly established family day-care home shall notify the Municipality, in writing, at least 30 days prior to the initiation of such use for the purpose of allowing the Municipality to establish a record of the new use. Already licensed or registered facilities shall notify the Municipality of their operation, in writing, no less than 60 days after the enactment of this chapter.
(6)
The number of children permitted, excluding immediate family members residing on the property, shall be limited to no more than six unrelated individuals.
(7)
Family day-care homes may only operate within an existing single-family or twin dwelling located on a residential street between Markley Street to the west and DeKalb Pike to the east, and West Fornance Street to the south and West Roberts Street to the north.
(8)
Family day-care homes on the same street may be located no closer than 500 feet apart.
E.
Day-care centers.
(1)
The operator must be licensed with the Pennsylvania Department of Public Welfare (DPW) and must demonstrate compliance with all DPW regulations for such homes.
(2)
One drop-off space measuring 10 feet by 20 feet shall be provided for every 20 children the center is licensed to accommodate.
(3)
When an off-premises play area is utilized, it must be located within a quarter of a mile from the center and be safely accessible without crossing at grade any arterial street or other hazardous area.
(4)
Fencing of outdoor play area. A minimum six-foot-high, opaque fence shall be erected along the perimeter of the outdoor play area.
(5)
Outdoor play shall be limited to the hours between 8:00 a.m. and sunset.
(6)
No portion of the outdoor play area shall be located less than 50 feet from an existing occupied dwelling without the owner's written consent.
(7)
Any signs shall comply with regulations applicable to the district in which the day-care center is located.
F.
Hospices.
(1)
There shall be no more than six residents.
(2)
There shall be twenty-four-hour resident supervision by people qualified by training and experience in the field for which the group home is intended.
(3)
The use shall be licensed under the applicable state program.
(4)
Any medical or counseling services provided shall be done only for residents.
G.
Public/private/parochial schools, houses of worship, and libraries.
(1)
A sketch plan shall be submitted to the Design Review Board as established in § 320-243 or if in a certified historic district to the Historical Architectural Review Board with the following information:
(a)
Adjoining residential buildings and structures within 50 feet of the tract boundary line.
(b)
Internal vehicle circulation and parking plan.
(c)
Street and driveway location(s).
(d)
Interior and perimeter landscaping.
(e)
Architectural renderings or photographs of similar buildings that are of a generally accurate facsimile in order to insure that the units constructed are architecturally compatible with the homes in the adjoining neighborhood(s).
(2)
Parking and internal circulation:
(a)
All parking shall be accommodated on-site.
(b)
An on-site drop-off/pick-up area shall be provided with sufficient capacity for the type of facility proposed, consistent with the following standards:
[1]
All sites shall provide sufficient turnaround area so that areas may exit the site while driving forward.
[2]
Minimum dimensions for a drop-off/pick-up area shall be nine feet by 60 feet (three car spaces); with appropriate tapers from and to the driveway it adjoins, subject to the approval of the Municipal Engineer.
[3]
A planned system of efficient access, egress and internal circulation of traffic which shall interfere minimally with residential traffic shall be required.
(3)
Side and rear yards shall contain perimeter landscaped buffers of sufficient density and opacity to minimize sound and light spillover onto adjoining properties.
H.
Sober living homes.
[Added 11-20-2018 by Ord. No. 18-06]
(1)
Registration with the Commonwealth and compliance with all regulations for licensure or certification as promulgated by the Department of Drug and Alcohol Programs in accordance with 71 P.S. § 613.13 or such other Commonwealth agency or department as authorized by law. In the event that the sober living home is not registered and is not required to be licensed or certified by the Commonwealth, then the sober living home shall provide either documentation that it would comply if subject to licensure and certification, or documentation that the sober living home is a member in good standing and in compliance with all rules and/or regulations of a recognized countywide, statewide, or nationwide association of recovery homes or equivalent professional accrediting organization, Additionally, and annually thereafter, each operator must provide similar proof of Commonwealth registration and compliance or continued status as a member in good standing and in compliance with all the rules and/or regulations of a recognized county, state or national professional association.
(2)
The sober living home shall not be located in an accessory building or unit unless the primary building or dwelling unit is used for the same purpose.
(3)
A fire sprinkler system which complies with NFPA 13D "Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes" (2016), or the current corresponding section of the NFPA as amended from time to time, shall be installed throughout the building and any attached accessory building(s).
(4)
A fire alarm system which complies with Chapter 11 of NFPA 72 "National Fire Alarm and Signaling Code" (2016), or the current corresponding section of the NFPA as amended from time to time, shall be installed throughout the building and any attached accessory structures.
(5)
Proof that the building(s) size and layout is in compliance with the applicable building codes for maximum number of individuals intended to be housed in the building(s). To satisfy this request, the Zoning Hearing Board may request that an applicant provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who will occupy each sleeping room, to demonstrate that the sober living home will not be overcrowded.
(6)
Proof that the sober living home has policies, procedures and regulations that substantially address the following:
(a)
At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in a sober living home, the operator thereof shall notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the property; contact the appropriate county or state agency to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment and shelter or homeless services; and provide the information obtained from the applicable county or state agency to the occupant prior to his or her release on a readable form that is signed by the occupant as proof of his or her receipt of the available services.
(b)
Prior to an occupant's eviction from or involuntary termination of residency in a sober living home, the operator shall make available to the occupant transportation to the address listed on the occupant's driver license, state-issued identification card or the permanent address identified in the occupant's application or referral to the sober living home; in the event the occupant declines said transportation or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another sober living home or residential care facility that has agreed to accept the occupant.
(c)
Rules and regulations that prohibit the use of any alcohol or any nonprescription drugs at the sober living home or by any recovering addict either on or off site.
(d)
Rules and regulations that the facility cannot dispense medications unless licensed to do so, and that the possession or use of prescription medications is prohibited except for the person to whom they are prescribed and in the amounts/dosages prescribed.
(e)
Rules and regulations that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit in accordance with the Municipality's Noise Ordinance[1] and other ordinances of general applicability.
(7)
If permitted bylaw, supervisory, counseling and medical services, may be provided but only to those individuals residing in the sober living home and no outpatient services shall be provided to individuals who are not residents of the sober living home; and all occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance.
(9)
The property's appearance shall be maintained closely similar to nearby dwellings, and no sign shall identify the use.
(10)
The property is not located within 600 feet as measured from the closet property lines to any other sober living home or licensed alcoholism or drug abuse recovery or treatment facility.
(11)
The property, including all buildings located thereon, must be in compliance with all applicable federal, state and local laws, including but not limited to the Pennsylvania Uniform Construction Code, the International Fire Code and the International Fuel Gas Code as adopted and as modified by the Municipality.