Thornbury Township, PA Zoning Ordinance

A nonconforming use of a structure or land may be changed to a conforming use and once changed no structure or land shall be permitted to revert to a nonconforming use.

Any nonconforming use of a structure or land may be changed to a use that conforms to this chapter; provided; that where required, a use and occupancy permit is obtained for such change.

A nonconforming use may be changed to another nonconforming use only by grant of special exception upon determination by the Zoning Hearing Board that, after public hearing, the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration, among other things, the following:

(a)

The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where it is located.

(b)

Proposed structural alterations, if any, shall be the minimum necessary to facilitate the proposed use and generally shall not create nor increase any structural or dimensional nonconformity.

(c)

The applicant shall have the burden of demonstrating that the proposed use will have the same or lesser impact than the existing nonconforming use with respect to:

On-street parking, traffic generation and congestion.

Noise, smoke, dust, noxious matter, heat, glare, vibration and other nuisance characteristics relative to the particular use.

[a]

Storage and waste disposal.

External appearance.

Fire hazards.

Hours of operation.

Sewage treatment.

Demand for water supply.

[g]

Amount of stormwater runoff to be controlled.

Extension or Enlargement. The nonconforming use of a building or of a lot shall not be extended or enlarged, so as to use other portions of the building or lot, unless the Zoning Hearing Board shall, by special exception as hereinafter provided, authorize the extension or enlargement of such use or building. The Zoning Hearing Board, upon proper application, may grant such special exception; provided that:

It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the Township.

The area devoted to the nonconforming use shall in no case be increased by more than 25%, as measured by floor area. This increase by 25% shall occur only once per nonconforming use.

Any extension of a building having a nonconforming use shall conform to the area and bulk regulations of the district in which it is situated and to all other regulations applicable to such a use in the district or districts in which the use is now permitted.

Abandonment. Whenever a lawful nonconforming use of a structure or land is abandoned for a continuous period of one year or more, the subsequent use of such structure or land shall be in full compliance with the provisions of this chapter.

Nonconforming Structures.

Any lawful nonconforming structure that has been involuntarily damaged by fire, explosion, flood, windstorm or similar cause to an extent of not more than 75% of its fair market value or that has been legally condemned may be restored within the limits of the existing foundation and within its original dimensions. Restoration shall commence within one year from the date of the damage, destruction or condemnation and shall be carried on consistently without major interruption on a time schedule agreed to by the Zoning Officer at the time of issuance of the building permit. Where the damage or destruction exceeds 75% of the fair market value, any restoration, reconstruction or new construction shall comply fully with the provisions of this chapter.

Any lawful nonconforming structure existing at the effective date of this chapter may be extended provided that such extension conforms to the applicable area and bulk requirements of the zoning district. The additional building area represented by the proposed extension shall not exceed 25% of the floor area of the nonconforming building existing at the time of the effective date of this chapter, nor shall the additional building area increase the extent of the existing nonconformity.

Nonconforming Lots.

A vacant lot held on the effective date of this chapter or subsequent amendments in single and separate ownership that does not meet the minimum area or dimensional requirements of the applicable zoning district may be used and a structure may be built thereon provided the required minimum yard areas are met. Where the minimum yard requirements cannot be met or where alterations or enlargements would result in further noncompliance with the applicable zoning district requirements, a variance from the Zoning Hearing Board shall be required.

In the event that an owner of a nonconforming lot also owns an adjacent property that in combination would be sufficient to enable compliance with the provisions of this chapter, such properties or portions thereof shall be combined through the subdivision and land development process prior to the erection or alteration of a building or other structure.

Nonconforming Signs. Any sign existing at the effective date of this chapter or subsequent amendment that does not conform to the provisions of the Code of Ordinances shall be considered a nonconforming sign and shall comply with the requirements of the Code of Ordinances.

Nonconforming Structures Saving Historical Significance. The limitations on extension of a nonconforming structure, as provided in the Code of Ordinances may be waived or modified by the Zoning Hearing Board as a special exception where the structure is designated as historically significant under the criteria in the Code of Ordinances and as listed in the Thornbury Township Inventory of Historic Resources. In reaching its decision, the Zoning Hearing Board shall be guided by the criteria in the Code of Ordinances regarding special exceptions and regarding historically significant properties.

Nonconformities Within the Floodplain Conservation District. The standards and procedures governing nonconforming uses and structures within the Floodplain Conservation District shall be those provided in the Code of Ordinances.

Registration of Nonconforming Uses and Structures. The Zoning Officer shall make and maintain an accurate listing of those nonconforming uses and structures that are not permitted as a use by right in the district in which they are located and for which no special exception or variance has been granted. Such listing shall be a matter of public record and shall constitute notice to anyone acquiring a right to use or own such property. Omission or failure with respect to such notice however shall in no way modify the status of nonconformity nor shall Thornbury Township, its officials or employees be liable for damages as a result of such omission or failure.

Enclosure. No structure shall be built to house an existing unenclosed nonconforming use.

Repair and Maintenance. If a nonconforming structure is found, by the Township, to be in need of repair or replacement of nonbearing walls, fixtures, wiring and/or plumbing, this may be done without the need for a special exception. If the nonconforming structure is determined by the Township to be unsafe or unlawful, the owner of the structure shall be required to conduct the repair to bring the structure into a safe and lawful condition, as well as in conformity with the district in which it is located.

Penalty for Violation. Any person, partnership or corporation who or which shall violate any provision of this chapter shall be subject to a civil penalty in the amount of $300 for each violation, plus court costs, including reasonable attorney fees, as authorized by law.

§ 27-2102 Reduction of Lot.

[Ord. 2-1976, 2/3/1976, § 1601]

No lot shall be so reduced that the area of the lot or the dimension of the setbacks shall be smaller than herein prescribed, in this chapter.

§ 27-2103 Driveways.

[Ord. 2-1976, 2/3/1976, § 1602]

All driveways shall be so designed as to enable such turning motions by vehicles as will permit them to exit the premises in forward motion. Construction shall use materials that will not wash down onto roads or adjoining properties.

§ 27-2104 Off-Street Parking, General Requirements.

[Ord. 2-1976, 2/3/1976, § 1603; as amended by Ord. 2-1983, 3/7/1983, § 2]

As a general requirement, each use in the Township shall provide sufficient off-street parking area to serve its users.

Subject to the general requirement for off-street parking, off-street parking space, with proper access from a street, alley or driveway, shall be provided in all districts in the amounts indicated below. Such parking space shall be provided on any lot on which a dwelling is hereafter erected or converted, or in the case of any other use, on or near the lot on which any main building is hereafter erected or converted.

Nothing in this article shall be construed to prevent the collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking facilities provided collectively shall be not less than the sum of the requirements for the various individual uses computed separately. In no case shall the number of parking spaces provided, or the area devoted to parking, be less than the minimum requirements of this article.

Dwellings. Two spaces per dwelling unit.

Indoor and Outdoor Non-commercial Recreation. One space for each 150 square feet of gross floor, building or ground area devoted to such use, or one space per four sets of facilities available for patron use, whichever is applicable to the facility.

Restaurant. One space per three seating accommodations, plus one space per two employees on shift of greatest employment.

Retail Stores and Personal Service Shops, All Types. One space per 200 square feet of floor area used or designated for sales on ground floor, plus one space per 300 square feet of floor area used or designed for sales on other floors, plus one space for each two employees of greatest shift.

Office Building, Studio, Medical Clinic, or Bank. One space for each 200 square feet of net floor area for the first 50,000 square feet plus one space for each 300 square feet of net floor area over 50,000 square feet.

Wholesale Establishment or Industrial Building. One space per two employees on the shift of greatest employment, plus one space per 200 square feet of floor area devoted to sales.

Social, Fraternal, Social Service, Union and Civic Organization Buildings. One space per 100 square feet of assembly area.

Institutional Uses Including Private Kindergarten, Child Nursing or Child Institutional Homes. One space per adult attendant, plus one space per 500 square feet of net floor area.

(9)

Building or Use Other than Specified Above. At least one space for each 1,000 square feet of gross floor area, or lot area, whichever is larger, except when otherwise authorized as a special exception consistent with the standards set forth herein for comparable buildings or uses.

Where parking for a particular use is not specified in this article, the use and occupancy permit, special exception order or variance order authorizing such use may specify the number of spaces deemed to be adequate to serve the use by the issuing authority, and may reserve the right to increase the required number of spaces if, in actual practice, they prove to be inadequate.

§ 27-2105 Off-Street Loading and Unloading Space.

[Ord. 2-1976, 2/3/1976, § 1604]

No building shall be erected in any district for the uses listed below unless loading space for the accommodation of trucks is provided on the premises in accordance with the following regulations:

Each space shall not be less than 12 feet in width and 30 feet in length with adequate access from a street which does not block or interfere with the required parking as called for in § 27-2104 hereof.

For retail stores, markets, wholesale and jobbing establishments, and storage warehouses, the number of berths based on net floor area devoted to such use is as follows:

Two thousand to 8,000 square feet of net floor area - one berth.

Eight thousand to 20,000 square feet of net floor area - two berths.

Each additional 20,000 square feet or major fraction thereof up to a maximum of 60,000 square feet of net floor area - one additional berth.

For office buildings, the number of berths based on net floor area devoted to such uses is as follows:

Five thousand to 20,000 square feet of net floor area - one berth.

Each additional 50,000 square feet or major fraction thereof up to a maximum of 120,000 square feet of net floor area - one additional berth.

All other uses with a total of 5,000 square feet or more of net floor area devoted to such use shall provide loading spaces adequate, in the opinion of the Building Inspector, to accommodate the normal demands for loading and unloading incidental to the type of use proposed on the premises.

§ 27-2106 Special Regulations Relating to Access and Highway Frontage.

[Ord. 2-1976, 2/3/1976, § 1605]

In order to minimize traffic congestion and hazard, control street access in the interest of public safety, and encourage the appropriate development of street or highway frontage:

No parking lot or area for off-street parking or for the storage or movement of motor vehicles shall abut directly a public street or highway unless separated from the street or highway at least five feet by a raised curb, barrier planting strip, wall or other effective barrier against traffic, except for necessary accessways to any one public street or highway for each 500 feet of frontage. Where practical, access to parking areas shall be provided by a common service driveway or minor street in order to avoid direct access on a major street or highway. No such accessway shall be more than 35 feet in width.

All driveways, aisles, maneuvering spaces, vehicular service areas, or spaces between or about buildings, other than those relating to a dwelling, shall be adequately illuminated.

All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance in any Residential or Apartment District, and in every district all such lighting shall be arranged so as to protect the street or highway and adjoining property from direct glare or hazardous interference of any kind. Any light shall be equipped with some type of glare shielding device approved by the Township Engineer. The height of any light shall not exceed 25 feet.

No parking, loading or service area shall be located within front yard setbacks unless authorized as a special exception by the Zoning Hearing Board except in a Commercial District where the restriction against such use is clearly impractical. In no case, however, shall the distance between the street right-of-way line and the portion of a lot used for parking be less than 20 feet.

§ 27-2107 Prohibited Uses and Performance Standards.

[Ord. 2-1976, 2/3/1976, § 1606]

No use shall be permitted which is noxious or offensive in the immediately surrounding area by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard whether by fire, explosion or otherwise, or which exceeds the limits set forth in § 27-906 of this chapter. In determining whether a proposed use is noxious, hazardous, or offensive, the following standards shall apply: The proposed operation shall not:

Constitute any nuisance whatsoever beyond the boundary of the site on which the use is located by reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor or dust.

Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line.

Endanger surrounding areas by reason of fire or explosion.

Produce objectionable heat, glare, or radiation beyond the property line.

Result in electrical disturbance in nearby residences, or adversely affect the operation of equipment other than on the property on which the disturbance is located.

Discharge any untreated sewage, or industrial waste into any stream, or otherwise contribute to the pollution of surface or underground waters.

Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

Include storage of materials or products which decompose by detonation, except as specifically permitted by the Township under the requirements set forth in § 27-906, Article 13 and Article 14 of this chapter.

Where requested by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to insure that the proposed use will not be noxious, hazardous or offensive as defined above. If required, the applicant shall submit supplemental information, plans and impartial expert judgments, and the Township may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.

§ 27-2108 Conversion of Dwelling to Two-Family Use.

[Ord. 2-1976, 2/3/1976, § 1607]

The Zoning Hearing Board may authorize as a special exception the conversion of a dwelling in a Residential District from single-family to two-family or multiple-dwelling occupancy, subject to the following requirements:

The lot area per dwelling unit shall not be reduced below the required lot area applying to a single-family dwelling in the district in which the lot is located.

Each family unit shall have not less than 600 square feet of gross habitable floor area, not including stairs and corridors.

The additional dwelling unit must have additional sewage capacity added in accordance with state requirements.

Should the request for conversion arise out of a stated need to provide living accommodations for a relative or relatives of the property owner and the occupant of the dwelling, the Zoning Hearing Board may, at its sole discretion, waive the requirement of Subsection 1A hereunder, with the further provision that the converted dwelling unit shall not be leased or rented.

§ 27-2109 Fences.

[Ord. 2-1976, 2/3/1976, § 1608]

No fence over six feet in height shall be erected in the Township, unless approved by special exception of the Zoning Hearing Board, and unless such fence shall be deemed a structure and meet the setback requirements of the district in which case a zoning permit and building permit may be issued without a Zoning Hearing Board special exception.

§ 27-2110 Storage of Disabled or Dismantled Vehicles.

[Ord. 2-1976, 2/3/1976, § 1609]

No continuous parking or storage of disabled or partially dismantled or junk cars, trucks, boats or other forms of vehicles shall be permitted in any area, lot or premises.

§ 27-2111 Obstruction of Vision.

[Ord. 2-1976, 2/3/1976, § 1610]

On no lot shall any wall, fence or other structures, hedge, tree, shrub or other growths be erected, altered, maintained, planted, grown or permitted, which may cause danger to traffic by obscuring the view or shall in any other way be a source of danger.

§ 27-2112 Minimum Floor Area.

[Ord. 2-1976, 2/3/1976; as added by Ord. 5-1979, 10/1/1979, § 1]

The floor area of every single-family dwelling, other than a mobile home, must total at least 1,150 square feet, excluding basements, cornices, eaves, garages, gutters, steps, porches and unfinished attics.

§ 27-2113 Yard and Setback Requirements for Swimming Pools, Tennis Courts, Paddle Tennis Courts and Basketball Courts.

[Ord. 2-1976, 2/3/1976; as added by Ord. 5-1980, 9/4/1980; and as amended by Ord. 3-2014, 11/5/2014]

The following yard and setback requirements shall apply to the construction or placement of swimming pools, tennis courts, paddle tennis courts and basketball courts in all residential zoning districts:

No swimming pool, tennis court, paddle tennis court or basketball court shall be placed or constructed within the required front yard setback area of a lot.

Swimming pool setbacks shall be as specifically provided in the underlying zoning district wherein the property is located. When no specific swimming pool setbacks are provided, swimming pools shall not be placed or located within 50 feet of any side or rear property line unless authorized to be closer by special exception, provided that in no event shall swimming pools be placed or located within 25 feet of any side or rear property line.

Tennis courts, paddle tennis courts or basketball courts shall not be placed or located within 50 feet of any side or rear property line unless authorized to be closer by special exception, provided that in no event shall tennis courts, paddle tennis courts or basketball courts be placed or located within 25 feet of any side or rear property line.

In addition to the standards for review contained in § 27-2309 hereof, the Zoning Hearing Board shall take into consideration, in determining whether to grant such a special exception, the possible effect of noise and/or lighting on adjacent property owners and the availability of land on the lot for which a special exception would not be required.

§ 27-2114 Erection of Single Mobile Homes.

[Ord. 2-1976, 2/3/1976; as added by Ord. 5-1982, 6/8/1982; as amended by Ord. 2-2005, 7/6/2005]

If a mobile home is erected and maintained as a single-family dwelling outside a mobile home park, the following requirements shall be met:

The tract upon which the mobile home is installed shall conform with the minimum lot size requirement of the district or zone where located.

The mobile home shall be installed so as to conform with all front yard, side yard and rear yard setback lines applicable to immobile housing in that district or zone, if any.

The mobile home shall be installed upon, and securely fastened to, a frost-free foundation or footer, and in no event shall it be erected on jacks, loose blocks, or other temporary materials.

An enclosure of compatible design and material commonly called skirting, shall be erected around the entire base of the mobile home. Such enclosures shall provide sufficient ventilation to inhibit decay and deterioration of the structure.

The mobile home shall be connected to public water and sewer systems, if available. If not, the owner shall provide a potable water supply from his own, or an adjacent well, and shall provide a septic system that shall meet the standards of the local health department, and/or the Pennsylvania Department of Environmental Protection.

The tract shall be attractively seeded, landscaped, and shrubbed.

Any garage, utility shed, or other out-building constructed on the tract shall conform with the standards applicable to such structures as contained in this Code.

§ 27-2115 Steep Slope Regulations.

[Ord. 2-1976, 2/3/1976; as added by Ord. 7-1984, 11/5/1984, § 1; as amended by Ord. 2-1986, 2/3/1986, § 6; and by Ord. 5-1992, 10/5/1992]

Purpose and Intent. It is the intent of this section to establish supplemental regulations to control the development of areas containing steeply sloped land, for the following purposes:

To minimize soil erosion and sedimentation.

To protect water sheds and limit increases in stormwater runoff.

To protect residents of the Township from property damage and personal injury caused by runoff, erosion, and landslides attributable to nearby development on steeply sloping land.

To minimize the necessity for expenditure of Township funds for corrective public works caused by soil erosion and subsidings, sedimentation, and landslides.

To maintain adequate foliage and vegetative cover and hillsides.

To protect streams from increases in water borne sediment.

General Regulations.

Modifications of Lot Area. Every lot hereafter created by subdivision in the R-1 and R-2 Districts shall have at least 50% of the minimum lot area requirement applicable thereto in land having a slope of less than 20% or, in the alternative, a minimum lot area of 130,000 square feet. The limits of steep slopes shall be established as the area where the average slope over three consecutive five-foot contour intervals is equal to or in excess of 20%.

Construction on Steep Slope Areas.

Except as provided in Subsection 2B(2), there shall be no erection or construction of buildings, roads, parking areas, or other similar structures or impervious surfaces on any land having a slope greater than 20%.

Erection or construction of buildings, roads, parking areas, or other similar structures or impervious surfaces may be permitted on land with slopes greater than 20%, when authorized as a special exception by the Zoning Hearing Board, provided that: the landowner shall demonstrate that compliance with the requirements of Subsection 2B(1) hereof are impractical, or confiscatory of the use of the landowner's lot. An application for special exception shall be accompanied by a drainage plan and a soil erosion and sediment control plan demonstrating that neither erosion nor the rate of stormwater runoff will be subject to increase if the application for special exception is approved. The plan shall show contours, proposed areas to be graded, landscaping, drainage facilities, and a narrative explanation of measures to be taken to control erosion, sedimentation and stormwater runoff.

The provisions of Subsection 2B(2) with respect to obtaining a special exception shall not apply if the encroachment into steep slopes is less than 50 feet.

§ 27-2116 Bed and Breakfast Establishments.

[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1990, 1/9/1990, § II; as amended by Ord. 4-2001, 5/16/2001; and by Ord. 3-2004, 4/21/2004]

Grant of Conditional Use. No building or other structure may be used or occupied as a bed and breakfast inn or similar type of lodging within the Township of Thornbury unless allowed by the Board of Supervisors as a conditional use pursuant to § 603(c)(2) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10603(c)(2).

Zoning Design Standards.

A bed and breakfast inn may be located in any residential zoning district within the Township of Thornbury when allowed by the Board of Supervisors as a conditional use. All applications for conditional use shall first be reviewed by the Township Planning Commission as set forth under the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

The minimum lot size shall be not less that 10 contiguous acres owned in fee simple by the owner and operator of the Bed and Breakfast Inn property, who shall be a natural person or persons residing on the property, except where title is acquired by inheritance the residency requirement is not applicable.

At a minimum, off street improved pervious or impervious parking shall be provided as required by the minimum parking regulations of the applicable district, but in no event less than four spaces. Provided, however, one additional parking space shall be required for each guest room and for each employee, if any, in attendance. The access driveway shall be paved. In all residential districts, the minimum parking set-back from an adjacent property line shall be 50 feet and, when four or more guest and employee parking spaces are provided, the parking area shall be screened from direct view of any adjacent residential use by a completely planted visual barrier consisting of a double row of evergreen plantings with a minimum height of six feet after the planting and placed no more than 10 feet apart. The required planting shall be staggered so as to provide as complete a visual barrier as is possible. All guest parking shall be provided behind the front building line of the main establishment.

One sign shall be permitted identifying the property. The sign shall not exceed three square feet in area, shall be set back a minimum of three feet from the road right-of-way, and shall contain no information other than identification of the premises. Sign design and lighting is subject to approval.

The owner and operator of a bed and breakfast inn may, as a permitted accessory use, hold occasional, not to exceed 12 per calendar year, wedding receptions, birthday, anniversary celebrations, corporate and private meetings and similar events (collectively a "special event") upon the bed and breakfast inn premises subject to the following conditions and limitations:

The special event shall be for the benefit of a guest of the bed and breakfast inn who rents the entire bed and breakfast inn facility (all rooms) for the duration of the special event.

No more than 140 guests shall be permitted at any one special event, which shall be held exterior to the bed and breakfast inn unless interior use has been approved by the local and State Licensing and Inspection Departments. An outside catered luncheon and dinner meal may be served.

No permanent building or structure may be used or erected upon the bed and breakfast inn premises to accommodate the guests of a special event, other than the approved bed and breakfast inn facility, however, to the extent that the existing bed and breakfast inn facility is inadequate to meet the requirements of the special event, the operator of the bed and breakfast inn shall be permitted to erect a temporary structure, such as a tent, which may remain erected in connection with any other one special event, for no longer than three consecutive days (excluding the number of days required to erect and/or to dismantle such temporary structure), which temporary structure shall be located entirely to the rear of the front building line of the bed and breakfast inn facility (measured by a line parallel to the roadway or street on which the bed and breakfast inn premises fronts) and which temporary structure shall be adequately shielded from view from the road frontage of the premises and on each side yard by a screened fifty-foot buffer area.

All vehicles used by the guests of the special event must be parked on-site and entirely to the rear of the front building line of the bed and breakfast inn premises.

The operator of the bed and breakfast inn facility must be able to demonstrate that adequate provision has been made for the disposal of sewage generated by the special event, whether by means of an existing on-site system, or by way of temporary/portable sanitary facilities.

Any outside sound, music, or entertainment associated with the special event shall not be permitted to perform after 10:00 p.m. on the day of the special event and shall be unamplified so as not to allow sound to interfere with the quite enjoyment of the surrounding properties.

The operator of the bed and breakfast inn facility shall keep a record of each special event, including the identity of the individual or organization holding the special event and the number of guests attending each such special event.

The operator of a bed and breakfast inn facility shall be required annually to obtain a permit to provide for special events, which permit may be revoked by the Township in the event of a failure to comply with the limitations set forth in this article.

The maximum number of lodging rooms for overnight accommodations contained in a bed and breakfast inn shall be 12 provided, however, that one additional lodging room shall be permitted for every two gross acres of lot size in excess of 10 acres, not to exceed 14 lodging rooms in total.

All truck deliveries shall take place between the hours of 9:00 a.m. and 5:00 p.m.

Standards for Review of Proposed Conditional Use. Factors to be considered by the Board of Supervisors on passing upon each application for a conditional use are as follows:

The existing building, inn or structure itself shall be determined by the Board of Supervisors to be of proven historical significance or unique value due to age, architecture or association with a prominent person or family.

The bed and breakfast inn may have a limited number of employees, their number and hours shall be a factor for consideration. Members of the owner's immediate family who reside therein are not considered employees.

All applicable requirement of the Township building, electrical, fire and panic, sewage, plumbing codes, subdivision and land development ordinance, stormwater management ordinance shall be met together with all applicable state codes and health regulations.

Guests are required to be pre-registered and transient overnight guests, and may be registered for a maximum of 14 consecutive nights. Bed and breakfast inns are prohibited form establishing private dining clubs or other devices to circumvent the limitations contained in this Part. Guest registration records must be maintained and open to inspection by Township Code Enforcement Officers.

Any meals provided and any amenities connected with the inn, such as swimming pool or tennis courts, shall be solely for the use of the owner, the owner's family and the owner's registered guests.

The availability of alternative locations in the Township for similar use.

The compatibility of the proposed use with existing and foreseeable nearby land uses.

The relationship of the proposed use to the Comprehensive Plan, as amended.

The safety of access to the property for ordinary and emergency vehicles.

Such other factors which may be considered relevant to the purposes of this chapter.

Subject to the standards for review contained in § 27-2309 for special exceptions.

§ 27-2117 Procedures and Criteria.

[Ord. 2-1976, 2/3/1976; as added by Ord. 1-1990, 1/9/1990, § III; and as amended by Ord. 4-2005, 7/20/2005]

Nothing in this section shall be construed to relieve the owner or his agent, the developer, or the applicant for a conditional use approval from obtaining approval in accordance with the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22], or other applicable ordinances.

The requirements of this section and the standards for specific types of conditional uses found elsewhere in this chapter shall be deemed an element of the definition under which a conditional use permit may be granted. The failure of the applicant to demonstrate compliance with these requirements, at the discretion of the Board of Supervisors, can be deemed either a basis for establishing conditions or limitations on an approval or the basis for a denial of a conditional use application.

General Requirements.

Ownership. The tract of land under application for a conditional use approval shall be under single ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If the ownership of the entire tract is held under more than one person or entity, the application shall identify and be filed on behalf of all of the owners. Approval of the plan shall be conditioned upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the approved plan. No site preparation or construction shall be permitted other than in accordance with the approved plan. If ownership of all or any portion of the tract changes subsequent to approval of the plan, no site preparation or construction by such new owner or owners shall be permitted unless and until such owner or owners shall review the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.

Sewer and Water Facilities. The applicant shall demonstrate evidence of adequate water supply and sewage disposal capability. The tract of land shall be served by a water supply system and a sewage disposal system deemed acceptable by the Board of Supervisors upon recommendation of the Township Engineer. Such facilities shall be designed and constructed in compliance with all applicable regulations and standards of the Thornbury Township Code of Ordinances and the Thornbury Township Sewage Facilities (Act 537) Plan.

Development Stages and Permits. The development of a tract carried out in either a single phase or in stages shall be executed in accordance with a development agreement. The owner, developer, and Township shall enter into said agreement embodying all details regarding compliance with this chapter to assure the binding nature thereof on the overall tract and its development, which agreement shall be recorded with the final development plan.

All conditions established for plan approval shall be stated on the final plan and recorded as part of the plan.

Existing easements, rights-of-way, covenants and other encumbrances shall be stated and shown on the plans.

Covenants and Restrictions. The language, terms and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township.

Application.

The application for a conditional use shall be filed with the Township on such forms as may be prescribed for said purpose. The application shall be accompanied by a fee as established by resolution of the Board of Supervisors. The application shall state the following:

The name and address of the applicant.

The name and address of the owner(s) of the property to be affected by the proposed conditional use application.

Evidence of authorization to act on behalf of the property owner(s) where applicant is other than a legal or equitable owner of the property.

A description and location of the real estate on which the conditional use is proposed.

A statement of the present zoning classifications of the real estate in question, the improvements thereon, and the present use thereof.

A narrative description of the proposed use and a statement of the section(s) of this chapter that authorize(s) the conditional use.

A narrative description of the site's suitability for the proposed development.

A narrative description of the proposed development's consistency with the purposes and objectives of the Thornbury Township Comprehensive Plan.

(9)

A narrative description of the proposed development's consistency with the character of the surrounding uses and the Township in general.

(10)

A staging plan and narrative, if the development is to be carried out in progressive stages that demonstrates that all of the requirements and the intent of this section are met with the completion of each stage.

(11)

An accurate survey of the property.

(12)

A map depicting the location, deed book references and name and address of all abutting property owners.

Conditional Use Plan.

The application for conditional use approval shall be accompanied by a unified, overall site plan covering the entire tract, regardless of any intended phasing of development. The plan shall be labeled "Conditional Use Plan" and shall be prepared with sufficient detail to adequately illustrate the proposed development uses and nondevelopment uses of the tract, including (where appropriate), reserve areas for possible future expansion; coordinated internal and external vehicular and pedestrian circulation; well related, convenient and efficient parking and loading areas; agreeable surroundings that provide comfort, safety, and convenience for prospective residents, customers, and/or workers; and high quality design in terms of building relationship, facade treatment, signage, lighting, landscaped and planted buffers and screens, as well as other natural and constructed amenities in furtherance of the comprehensive planning objectives of Thornbury Township.

With respect to exact building locations, shapes and dimensions, and similar requirements of the conditional use plan, prescribed in the subparagraph above, it is recognized that a fixed and dimensioned architectural layout, as would be required for issuance of a building permit, is not feasible, nor is it the intent of this section to require such detail in an application for conditional use. However, the plans, information and data, as herein required for conditional use approval, shall be indicated in sufficient detail to serve as a firm commitment by the applicant to the design criteria and standards. The conditional use plan shall be prepared at a scale of not more than one inch equals 50 feet. Where specific conditional use application requirements are contained in other articles of this chapter and are applicable to a particular conditional use authorized by this chapter, the applicant shall comply with such requirements which shall prevail in the event of conflict or overlap.

The conditional use plan shall generally include the following elements: site layout plan, existing conditions and environmental resources plan, proposed grading plan, landscape, screening and buffering plan, and lighting plan. Other Plans or plan information may be required at the discretion of the Planning Commission or the Board of Supervisors.

Natural and Cultural Resources Analysis and Impact Assessment. The applicant shall provide an inventory of the tract's natural features and systems, cultural resources, and visual amenities that may be impacted by the proposed conditional use. The inventory shall include, where applicable, a photographic record of the resources and shall be prepared in graphic (at a scale of one inch equals 100 feet) and narrative form and include all of the following resources on and within 100 feet of the site:

Surface waters.

Natural drainage patterns, including swales, intermittent streams, etc.

Floodplain Districts as defined in this chapter.

Wetlands under the jurisdiction of the Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers.

Soils with seasonably high water table.

Soils with shallow depth to bedrock.

Geologic formations, particularly in relation to areas of groundwater recharge.

Biotic resources and patterns of vegetation, including tree masses, rare or extraordinary individual species, any tree of six inches or greater DBH and areas serving as habitat for wildlife (species of wildlife dependent upon the site for habitat shall be identified).

(9)

Measurable attributes of the air quality at the proposed site and the present degree to which auto emissions are contributing to degradation.

(10)

Scenic resources and any other visual amenities of the site (e.g., topography, vegetation, water) considered unique, scenic, and/or that should be incorporated into the design of any future use.

(11)

Sites and structures of historical or cultural significance including, but not limited to, those sites recorded in the Thornbury Township Historic Resource Inventory and/or the Delaware County Historic Commission.

The applicant shall indicate how any or all of the inventoried resources will be affected by the proposed development, and shall describe mitigating measures to be employed in addressing these impacts. The development impacts and the proposed mitigating measures shall be described in narrative form, and their locations on and within 100 feet of the site shall be mapped at a scale of one inch equals 100 feet.

The applicant shall also provide a report that assesses the extent to which any hazardous waste contamination has occurred on the site and if so describe such cleanup and remediation measures to be implemented prior to any site disturbance.

Traffic Analysis. The Board of Supervisors, at its sole discretion, may require the applicant to provide a traffic analysis demonstrating feasible compliance with the objectives of this chapter and the Thornbury Township Comprehensive Plan. The Township shall provide the applicant the minimum scope of work to be included in the analysis, and the analysis shall be prepared in accordance with the traffic impact study requirements of the Subdivision and Land Development Ordinance [Chapter 22]. Such analysis shall estimate traffic volumes, turning movements, and levels of service at intersections, and potentially unsafe conditions existing prior to development as well as may be reasonably expected to occur after proposed development and shall suggest action(s) to mitigate any anticipated reduction of level of service or other negative impact to traffic conditions resulting from development as proposed. In granting conditional use approval, the Board may attach conditions requiring specific improvements to roads to be incorporated into plans for development, to the extent necessary to maintain pre-existing levels of service, correct unsafe conditions which may be worsened by traffic impacts of development, and otherwise provide for safe and convenient vehicular and pedestrian access for residents, visitors, employees, and emergency service personnel and vehicles.

Stormwater Management and Drainage Analysis. The application for conditional use approval shall be accompanied by a conceptual stormwater management and drainage analysis. The analysis shall demonstrate, conceptually, to the satisfaction of the Township Engineer, that compliance with the requirements of the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22] can be achieved. Supporting calculations for required detention basin volumes and groundwater recharge volumes shall be required. Off-site drainage problems shall be identified and measures to improve or correct such problems shall be proposed.

Fiscal Impact Assessment. The Board of Supervisors, at its sole discretion may require the applicant to provide an assessment of the economic and fiscal impacts that will result from the proposed development. The assessment shall include a profile of the Township, County and School District revenues to be generated by the proposed development and the costs that it will impose on the Township, County and School District. The information shall be related to the initial, if staged, and completed subdivision or land development.

Community Facilities and Services Assessment. The Board of Supervisors, at its sole discretion, may require the applicant to provide an assessment of the facility and service needs required for the proposed development. Where applicable, the assessment shall consider, in terms of existing capabilities and the need for additional or expanded capabilities, the following:

Schools.

Park and recreation areas.

Libraries.

Hospitals and other health care facilities.

Fire protection.

Police protection.

Emergency medical services.

All of the information, data, maps, plans, photographs, and reports required shall be provided to the Township, in such quantity and format as prescribed by the Township, in both paper document form and digital form.

Procedures.

Upon receipt of a complete application for conditional use approval, the Township shall submit the application to the Planning Commission. Upon receipt of the application, the Planning Commission shall review the conditional use application with the applicant at its next regularly scheduled meeting or at a special meeting at the discretion of the Planning Commission. The Planning Commission shall review and make a recommendation(s) to the Board of Supervisors prior to the first scheduled conditional use hearing. The Planning Commission may extend its period of review beyond 60 days upon written authorization by the applicant. Should the applicant submit new or substantially revised plans for development under the application for conditional use approval during the period of review by the Planning Commission, the sixty-day review period shall start anew and prior plans shall be deemed withdrawn.

After review by the Planning Commission, the Board of Supervisors shall hold a public hearing on the conditional use application in accordance with the provisions of § 908 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10908, and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Board of Supervisors, and any references to a Zoning Hearing Officer shall not be applicable.

Notice of the hearing shall be given to the public by publication in a newspaper of general circulation in the Township in accordance with the requirements for public notice established in the Municipalities Planning Code. Abutting property owners shall be notified in writing no less than 20 days prior to the scheduled hearing. Additionally, like notice thereof shall be given to the applicant, the Code Enforcement Officer, and to any person who has made timely written request for same. Notice of the hearing shall be conspicuously posted on the affected tract of land at least one week prior to the date of the hearing. The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the Township for which the notice was given. The Board of Supervisors shall commence its first hearing on the application within 60 days from the date the application is filed with the Township Secretary, unless extended by written authorization from the applicant.

The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors and any other person, including civic or community organizations, permitted to appear by the Board of Supervisors. The Board of Supervisors shall have the power to require that all persons who wish to be considered parties submit written requests on such forms as the Board of Supervisors may provide for that purpose.

The Chairman or acting Chairman of the Board of Supervisors shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

Formal rules of evidence shall not apply but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

The Board of Supervisors shall keep a record of the hearing proceedings. Copies of the written or graphic material received in evidence shall be made available to any party at cost.

The Board of Supervisors shall render a written decision within 45 days after the last hearing before the Board of Supervisors. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for the final decision.

A copy of the final decision shall be delivered to the applicant and the parties before the Board of Supervisors personally or mailed to them not later than the day following the date of the decision.

Appeals from a determination of the Board of Supervisors pursuant to any application for a conditional use shall be only as prescribed and within such times permitted by the applicable provisions of the Pennsylvania Municipalities Planning Code, as amended.

In granting conditional use approval, where such use is authorized under this chapter, the Board of Supervisors may also attach such conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code, as amended, and this chapter. Conditional uses shall be subject to compliance with particular standards contained in this chapter and criteria defined in the application review process. The standards described shall be deemed additional and shall in no way impair any other applicable standard from this or any other Township ordinance. The applicant shall be responsible for demonstrating compliance with all standards and criteria required for conditional use approval. The conditions of approval may include, but need not be limited to:

Provisions for additional utility or traffic safety facilities.

Securing of additional easements or property to assure proper site design.

Modification to the applicable design standards.

Provisions requiring that any modification, enlargement or expansion of the use as approved shall require a new conditional use approval.

The applicant shall have the burden to prove, by a preponderance of the evidence, that the proposed use will comply in all respects with this and other Township ordinances, county, state or federal legislation. The Board of Supervisors may retain such consultants as necessary to review and certify the accuracy of submitted plans and documents, the reasonable and necessary charges for which shall be borne by the applicant. When the applicant does not provide information as required, then it shall be presumed that the proposed use is not in accordance with the requirements applicable for the granting of conditional use approval.

Any grant of conditional use approval shall be deemed null and void 12 months from the date of such approval if, within that period, no application is made for a building permit, a use and occupancy permit, or subdivision or land development approval, as appropriate, unless so extended by the Board of Supervisors. Any request to extend the twelve-month expiration period shall be properly filed with the Zoning Officer 30 days in advance of the expiration date. The request shall include the reason why the extension is required, a reasonable estimate of the time needed to obtain the necessary approvals, and a qualified statement that there has been no change in the conditional use application or the neighborhood in which the property is located. Failure to diligently pursue necessary approvals shall not be grounds for an extension. The Board may grant up to one additional eighteen-month extension provided a reasonable argument is presented. No more than one such extension shall be granted per conditional use approval.

Criteria for Review of Conditional Use Applications. The following criteria shall be used as a guide by the Board of Supervisors in the evaluation of a proposed conditional use. It shall be the burden of the applicant to demonstrate compliance with all applicable criteria:

Any applicant for conditional use approval shall have the burden of demonstrating to the satisfaction of the Board of Supervisors that provision is made to adequately reduce or minimize any noxious, offensive, dangerous or hazardous feature or features thereof, as the case may be. The Board of Supervisors may deny conditional use approval where the applicant has failed to do so or where any use otherwise is deemed to be dangerous or potentially dangerous to the public health, welfare or safety or which constitutes or may constitute a public hazard whether by fire, explosion or otherwise.

The proposed use(s) shall be limited to those authorized as conditional uses within the district in which the lot or parcel is situated. The property subject to conditional use application shall be suitable for the use desired.

The size, scope, extent and character of the conditional use desired shall be consistent with the spirit, purposes and intent of the Thornbury Township Comprehensive Plan and this chapter.

The proposed use at the location set forth in the application shall be in the public interest and serve the public health, safety and general welfare.

Consideration of the character and the type of development in the area surrounding the location for which the request is made, and a determination that the proposed use is appropriate in the area and will not injure or detract from the use or value of the surrounding properties or from the character of the neighborhood.

The development, if more than one building, will consist of a harmonious grouping of buildings or other structures.

There will be no adverse affect of the proposed conditional use upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection, emergency management services, recreational opportunities, open space and public schools and, where necessary, adequate arrangements for expansion or improvement of such services and facilities are ensured.

The design and use of any new construction and proposed change in use of existing buildings will be compatible with the existing designs and uses in the immediate vicinity and that the proposed design or use shall be compatible with the character of the neighborhood.

If the development is to be carried out in progressive stages, each stage shall be so planned that the conditions and intent of this chapter shall be fully complied with at the completion of any stage.

The location and layout of the proposed use is suitable with respect to probable effects upon highway traffic, and assures adequate access arrangements in order to protect major streets and highways from undue congestion and hazard. The proposed use will not lower the level of service on adjacent road segments and intersections as defined by the most recent edition of the Highway Capacity Manual from the Transportation Research Board. As a policy, proposed projects should incorporate designs that will assure safe and efficient access and maintain the existing level of service on all adjacent road segments and intersections.

The interior traffic circulation shall provide safe and convenient circulation for all users, including pedestrian and vehicular modes of transit applicant shall demonstrate that sufficient safeguards such as parking, traffic control, screening, and setbacks can be implemented to remove any potential adverse influences the use may have on adjoining uses. In addition, all emergency access design considerations shall be addressed and incorporated into the proposed plan.

The adequacy of sanitation and public safety provisions, where applicable, and the necessity to provide a certificate of adequacy of sewage and water facilities from a governmental health agency in any case where required or deemed necessary.

The adequacy of provisions for stormwater management and drainage.

Sufficient land area shall be available to be able to effectively screen the proposed conditional use from adjoining different uses if required by the Board of Supervisors.

Consideration of any other development impacts and/or proposed mitigation identified by the submitted site analyses.

Consideration of likelihood of market success of proposed use(s), as indicated by market analyses, where required.

The Board of Supervisors shall consider additional standards and criteria [set forth and established in this chapter for the review of special exceptions] to the degree the Board of Supervisors deems such standards to be applicable to review of the conditional use application.

Uses shall meet the provisions and requirements of the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable ordinances and regulations of Thornbury Township.

The Board of Supervisors may impose such conditions, in addition to those required, as are necessary to assure that the intent of this chapter is 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 noise, glare, and noxious, offensive or hazardous elements and adequate standards of parking and sanitation.

If the Board of Supervisors approves the application and accompanying conditional use plan, such approved plan shall accompany any application for subdivision and land development as prescribed by the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22], and any application for a building permit.

Public Notice.

The filing of a conditional use application with Thornbury Township, as determined by requirements of this article, shall require the applicant to notify surrounding property owners by certified mail of the action and the applicant shall also be required to place a sign(s) of notice on the subject premises. This requirement is supplemental to any other notice requirements required by this chapter. The Township may require the applicant to notify surrounding property owners of subsequent meetings or hearings following the initial meeting.

The mailed notice to nearby property owners shall occur at least 14 consecutive calendar days before the public meeting of the Board of Supervisors when the application will be first reviewed. Notice shall be by certified mail and the applicant shall provide the Township with documentation of the mailings prior to the public meeting.

The mailed notice shall contain a narrative statement describing the proposed conditional use application and include, at a minimum, the name and address of the applicant, the parcel number and description of the application site and the time and place of the public meeting.

For purposes of the mailing notice requirement, the location of relevant properties for notification shall include all properties within 500 feet of the application parcel including those opposite a street, railroad, watercourse or similar feature. Distances shall be measured from the nearest part of the application parcel to any portion of an affected parcel to be notified.

The applicant for any conditional use application shall place a sign(s) on the application parcel providing notice of a public meeting for the application. The sign(s) shall be located so as to be in clear view of passers-by and adjacent to the right(s)-of-way. If the application parcel is bordered by more than one public right-of-way, a public notice sign shall be placed adjacent to each right-of-way. One sign shall be required if the parcel is bordered by one right-of-way. The sign(s) shall be erected within 10 calendar days of the filing of an application with the Township. Requirements for the public notice sign(s) shall be as follows:

Location. The posted sign(s) shall be placed in a conspicuous location, as close to, but outside, the right-of-way as practical, parallel to the street, and clearly visible to the public. The Township may allow the posting of only one sign on corner lots of less than one acre. In no case shall a sign be placed so as to interfere with driver visibility or vehicular safety.

The sign(s) shall be provided by the Township in a size of 18 inches by 24 inches. The applicant shall be responsible for obtaining the sign, posting the sign and providing proof of posting to the Township. The Township may require a fee from the applicant.

Sign Information. The sign shall provide information that the property is subject to a conditional use application, and include a brief description of the request with instructions to contact the Township for further information.

Proof of Posting. The applicant shall provide the Township with photographic proof of posting and a signed affidavit prior to the public meeting. Failure of any such posted notice to remain in place after the notice has been posted shall not be deemed a failure to comply with these standards or be grounds to challenge the validity of any decision made on the application unless the notice was removed by the applicant or at his or her direction.