Parkside City Zoning Code
ARTICLE XVI
Procedures and Standards for Conditional Uses
§ 182-126 Purpose.
A.
The purpose of this article is to provide standards and procedures for uses authorized only by conditional use within this chapter. In reviewing conditional uses, the Borough Council may attach reasonable conditions and safeguards, in addition to those expressed in the article, as it may deem necessary to implement the purposes of this chapter and those of the MPC, Act 247, as amended.
B.
The reason for a use to be made conditional is the unusual and substantial impact it would exert upon the area and upon the public health, safety, and welfare, coordinated community development, parking and loading, traffic congestion, police and fire protection, emergency preparedness, sewer facilities, schools, recreational facilities, and public grounds.
§ 182-127 General requirements.
In any instance where the Borough Council is required to consider a request for a conditional use permit, all notices, hearings, decisions, and orders concerning such request shall be made in conformity with the provisions of the State Planning Code (MPC), Act 247, 1968, as amended,[1] as well as the following provisions of this article.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 182-128 Procedures and general standards.
A.
Application and fees. An application for a conditional use permit shall be made to the Zoning Officer, who after review shall forward such application to the Planning Commission and Borough Council. Such application shall be accompanied by a plan of the property showing the details of the proposed use, along with such other written and graphic material as may be required by the most recently adopted Delaware County Subdivision and Land Development Ordinance and other applicable provisions of this chapter. The application shall be accompanied by such fees as established by the Council for the administrative filing and reviews of conditional use permit applications.
B.
Planning Commission review and counsel. The Planning Commission shall perform a review and provide counsel to the Borough Council concerning the granting of approval or disapproval of the proposed conditional use. A written report may be submitted to Council before final action is taken on the proposal.
C.
Borough Council public hearing.
(1)
Within 60 days after the applicant files an application for a conditional use, the Borough Council shall hold a public hearing pursuant to public notice. Notice of the public hearing shall be given to those persons and agencies who would be entitled to notice if the same premises were subject to an application to the Zoning Hearing Board of Parkside Borough as a special exception and to all others who have registered their names with the Parkside Borough Zoning Officer.
(2)
After a full review of the application, the Council shall render a written decision or, when no decision is called for, make written findings on the application. When the application is contested or denied, the decision or written finding shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. The decision or written finding shall be made no later than 45 days after the last hearing.
(3)
The Borough Council shall approve or disapprove the application by resolution and shall send a written notification to the applicant within 10 days of a decision.
D.
Method of determination.
(1)
The Borough Council shall, within 45 days of the date of the last hearing, render a final decision and shall by official communication to the applicant either:
(2)
Failure to act within said period shall be deemed to be a grant of approval of the application.
(3)
If the application includes a land development plan, then, after the Council has acted upon the application for conditional use, a detailed site plan review shall be required by the Borough. Such review shall be in accordance with the procedures outlined in the most recently adopted County Subdivision and Land Development Ordinance. If the applicant wishes to provide the necessary documentation, the Borough Council may consider the concurrent review of the conditional use requested and the detailed plans for the development. Time limits for review of the detailed plans, if necessary, will be governed by the most recently adopted County Subdivision and Land Development Ordinance.
E.
General requirements for review of conditional uses. In any instance where the Borough Council is required to consider a request for a conditional use, the Council shall consider the following factors where appropriate, in addition to any specific standards listed in § 182-129:
(1)
That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility, and availability of public services and that adequate provisions be made to protect sensitive environmental features such as streams, wetlands, slopes, and mature trees.
(2)
That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any impacts caused by noise, light, glare, odors, smoke, fumes, traffic, parking, loading, and signage.
(3)
That the proposed conditional use will serve the best interest of the Borough, convenience of the community, and the public health, safety, and welfare.
(4)
That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
(5)
That the proposed use is suitable in terms of its effect on highway safety and traffic circulation, and that access, on-site circulation, and parking are adequate in view of anticipated traffic.
(6)
That existing public roads shall be adequate to serve additional traffic reasonably likely to be generated by the proposed use.
(7)
Financial hardship shall not be construed as a basis for granting conditional uses.
(8)
In granting any request for a conditional use, the Borough Council may attach reasonable conditions and safeguards in addition to those expressed in this article, as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter. These conditions and safeguards may relate to, but may not be limited to, screening, lighting, parking, signage, noise, safety, aesthetics, and the minimization of noxious, offensive, or hazardous elements. Such conditional use shall be clearly authorized by a provision in this chapter and shall, where applicable, comply with the more specific standards relating to such use contained below in § 182-129 of this article and other relevant sections of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F.
Requirements for review where standards are not provided. In cases where this article or Zoning Ordinance does not provide specific standards for conditional uses, the dimensional requirements below shall be applied by the Borough Council:
(1)
In residential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for single-family dwellings in the district where the use is proposed.
(2)
In nonresidential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for the use that requires the greatest dimensions in the applicable nonresidential district.
(3)
The Borough Council may require reasonable requirements in addition to those in Subsection F(1) or (2) above, provided that the Council makes one or more of the following determinations:
(a)
[1]
Insufficient to accommodate the proposed building, facility, or use.
[2]
Insufficient to provide adequate area for parking and loading, as required by Article XII, Parking Regulations.
[3]
Insufficient to provide for lot areas and dimensions necessary to protect the adjacent area from the potential adverse impacts of the proposed use, such as noise, vibration, air pollution, and similar impacts.
G.
Standards of proof. An applicant for a conditional use permit shall have the burden of establishing both:
H.
Impact on the public interest. In determining whether the allowance of a conditional use permit is contrary to the public interest, the Borough Council shall consider whether the application, if granted, will:
(1)
Adversely affect the public health, safety, and welfare due to changes in traffic conditions, drainage, air quality, noise levels, neighborhood property values, natural features, and neighborhood aesthetic characteristics.
(3)
Adversely affect the logical, efficient, and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police, fire protection, and public schools.
(4)
Otherwise adversely affect the public health, safety, or welfare.
I.
Expiration of conditional use permits. Unless otherwise specified by the Borough Council, a conditional use permit shall expire if the applicant fails to obtain a building permit within six months from the date of authorization thereof, unless the applicant can show that there were permitting delays beyond his control.
§ 182-129 Standards for specific uses.
The following conditional uses shall be reviewed in accordance with the specific provisions and standards listed below as well as the procedural and more general standards for conditional uses in § 182-128 above.
A.
Gasoline service stations. Gasoline service stations are permitted by conditional use in the C-2 Commercial District only and shall comply with the following requirements:
(1)
All pumps and principal buildings shall be located not less than 30 feet from all property lines.
(2)
All pumps shall be located outside of buildings.
(3)
All fuel containers in excess of 100 gallons shall be located underground.
(4)
No service station shall be located within 300 feet of a school, church, day-care center, nursing home, hospital or place of public assembly having a capacity of more than 50 persons. The required 200 feet shall be measured at the shortest distance between the service station property and any of the above-noted uses.
(5)
Hydraulic lifts, work pits, and all lubrication, greasing, washing, and repair equipment shall be entirely enclosed within a building.
(6)
Exterior lighting shall be shielded so that it is deflected from adjacent or nearby properties and from motorists on public streets.
(7)
Service stations shall also comply with all applicable regulations of the Fire Marshal Division of the Pennsylvania State Police and with those of any other applicable state or federal agency.
B.
Car washes. A car wash establishment shall be permitted as a conditional use in the C-2 Commercial District only, subject to the following regulations:
(1)
Exterior lighting shall be shielded or deflected from adjacent or nearby properties and public sidewalks and streets.
(2)
The facility shall be designed to accommodate not less than six waiting vehicles on the property.
(4)
Where appropriate, the facility shall be designed and/or screened so that the headlights of automobiles approaching, waiting, or exiting the facility do not shine directly on adjacent properties.
C.
Private clubs. Private clubs shall be permitted by conditional use in the R-1 Residential District in accordance with the following requirements:
(1)
Private clubs shall be operated for civic, cultural, educational, social, or recreational purposes.
(2)
The activity shall be noncommercial, nonprofit and clearly one not customarily carried on as a business.
(3)
Each building or facility of the club shall be for members or their guests only.
(4)
No club shall provide for eating or dining except on an incidental basis.