Ridley Park City Zoning Code
ARTICLE XVIII
Conditions and Standards for Conditional Uses
§ 213-134 Purpose.
The purpose of this article is to provide conditions and standards for conditional uses. In these cases, 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 this chapter and those of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 213-135 General requirements.
In any instance where Borough Council is required to consider a request for a conditional use permit, Council shall follow the provisions of this article.
§ 213-136 Standards for review of conditional uses.
A.
In any instance where Council is required to consider a request for a conditional use, Council shall consider the following factors, where appropriate:
(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 will 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 adverse impacts caused by noise, lights, 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 is consistent with the most recently adopted Ridley Park Borough Comprehensive Plan.
(5)
That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
(6)
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.
B.
In cases where conditional uses are not accompanied by specific standards listed below in this article, the regulations in § 213-137 below shall apply.
C.
Financial hardship shall not be construed as a basis for granting conditional uses.
D.
In granting any request for a conditional use, 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 MPC and the chapter, which conditions and safeguards may relate to, but not be limited to, screening, lighting, 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 in appropriate sections of this article.
§ 213-137 Requirements for review where standards are not provided.
In cases where this article does not provide specific standards for conditional uses, the following dimensional requirements will be applied by Borough Council:
A.
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.
B.
In nonresidential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for the use which requires the greatest dimensions in the applicable nonresidential district.
C.
Borough Council may require additional, reasonable but more stringent requirements than those required in Subsection A or B above, provided that Council makes one or more of the following determinations:
(1)
(a)
Insufficient to accommodate the proposed building, facility, or use and that greater dimensional requirements would substantially alleviate that condition.
(b)
Insufficient to provide adequate area for parking and loading, as required by Article XIV, and that greater requirements would substantially alleviate that condition.
(c)
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, and that greater dimensional requirements would substantially alleviate that condition.
§ 213-138 Standards of proof.
An applicant for a conditional use permit shall have the burden of establishing both:
§ 213-139 Impact on public interest.
In determining whether the allowance of a conditional use permit is contrary to the public interest, Council shall consider whether the application, if granted, will:
A.
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.
B.
Be in accordance with the most recently adopted Ridley Park Borough Comprehensive Plan.
D.
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.
E.
Otherwise adversely affect the public health, safety, or welfare.
§ 213-140 Standards for parking structures.
Off-street parking may be provided in parking structures as a conditional use only in the Medical Campus District pursuant to Article XIV, subject to the following conditions:
A.
All applicants seeking approval of a parking structure shall submit two alternate site plans. The first site plan shall show the site design for which the applicant seeks approval utilizing the proposed parking structure. The second site plan shall demonstrate the maximum building area which can be supported by surface parking, consistent with coverage, setback, and other applicable provisions of this chapter. An applicant shall not be permitted to construct a use with more floor area than that which would be permitted by the second (surface parking) site plan, except that the amount of floor area which could otherwise be accommodated with surface parking lots may be increased by 3% if the proposed parking structure is located entirely below grade except for the entrance and exit ramps and the architecture of the building is designed so as to minimize the external appearance of the parking structure.
B.
When parking structures are utilized to provide all or some of the parking required to serve a principal structure(s), no surface parking shall be permitted within the required setbacks.
C.
The principal building(s) shall have at least one side with unobstructed visual access (excluding landscaping) to a public or private street or driveway.
D.
The height of all exposed portions of a parking structure which are visible from any side shall not exceed 60% of the height of the tallest principal structure building for which the parking structure serves as an accessory use. Parapet walls or other architecturally compatible elements shall be used to totally block the view of any vehicles parking on the rooftop. Height shall be measured to the top of said parapet walls but shall not include the height of any landscaping.
E.
Ramps for the movement of vehicles between parking levels shall be constructed within the structure except in instances when the topography of a site allows them to extend outside the structure on the existing grade. Ramps shall be designed so as to provide an optimal movement of vehicular traffic within the parking structure. Ramps shall also be designed so as to avoid vehicular conflicts to the maximum extent practicable and conflicts between vehicles using them and vehicles maneuvering into and out of parking spaces.
F.
Parking structures shall be designed so as to minimize blank facades through the use of innovative architectural detail and landscaping. The design of the exterior of the parking structure shall be compatible with the exterior design of the principal structure to the extent that the parking facility is clearly identified with the principal structure. Building materials used for the parking structure shall be the same as those used on the principal structure. The facade treatment of the principal structure shall be extended onto the parking structures.
G.
Any parking structure or group of parking structures containing 200 parking spaces or more in total shall provide a grade separated pedestrian walkway connecting the parking facility with the principal structure or structures.
H.
Open, rooftop parking decks shall be landscaped in accordance with and to the same extent as the overall landscape plan for the principal use and structure the parking structure shall serve.
I.
Within an enclosed parking structure or deck, the following aisle widths and parking space angles shall apply:
Angle of Parking Space | Minimum Aisle Width (feet) |
|---|---|
Less than 60° | 18 |
Between 60° and 75° | 22 |
90° | 241 |
NOTES: | |
1 | May be reduced to 22 feet if the support columns for the deck are arranged opposite each other. |
Parking layouts for 90 or more parking spaces shall be designed for two-way travel. | |
Parking layouts for fewer than 90 parking spaces shall be for one-way travel only, clearly marked and signed as such. | |
K.
Parking spaces shall be delineated by a double-striped line, closed at the aisle end.
L.
In instances where there is both a parking structure(s) and a surface parking area(s), the layouts of both shall be such that there are no abrupt changes in parking angle and aisle width or overall layout, so as to avoid a safety hazard or confusion for the motorist.
M.
For purposes of calculating building coverage, floor area ratios, and impervious coverage, the following rules shall apply. Parking structures shall not be counted towards building coverage and floor area standards but shall be included in all calculations of impervious (building and parking area) coverage. Subsurface parking structures not otherwise covered by buildings shall also be included in calculation of impervious coverage.
N.
Parking structures and associated walkways shall be illuminated at all times that they are available to the public to an average minimum light intensity of 10 footcandles. Exit lights shall be illuminated 24 hours per day.
§ 213-141 Community centers.
Community centers shall be permitted in the R-1, R-2, and R-3 Residential Districts only, when authorized by Council as a conditional use, subject to the requirements below:
A.
Lot area shall be not less than 20,000 square feet with a lot width of not less than 75 feet.
B.
Not more than 60% of the lot shall be covered with impervious surface.
C.
Building height shall not exceed 35 feet or three stories.
D.
More than one building shall be permitted on the lot, provided that the setback requirements of the district are met.
E.
Where practicable, all utilities shall be placed underground.
F.
Pedestrian walkways shall be provided between buildings, where applicable.
G.
Where feasible, parking areas shall be placed behind the principal building.
§ 213-142 Expiration of conditional use permits.
Unless otherwise specified by 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.