Tinicum Township City Zoning Code
ARTICLE XXI
Procedures and Standards for Special Exceptions and Conditional Uses
§ 395-150 Purpose.
A.
The purpose of this article is to provide standards and procedures for uses permitted by special exception and those by conditional use. In these cases, the Zoning Hearing Board (ZHB) or the Board of Commissioners may attach reasonable conditions and safeguards in addition to those expressed in this article, as they may deem necessary to implement the purposes of this chapter and those of the Planning Code, Act 247, as amended.
B.
The reason for a use to require a special exception or conditional use permit 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, sewerage, schools, recreational facilities, and public grounds.
§ 395-151 Special exceptions.
A.
General requirements. In any instance where the ZHB is required to consider a request for a special exception, the ZHB shall consider the provisions of this article.
C.
Requirements where standards are not provided. In cases where this chapter does not provide specific dimensional standards for uses permitted by special exception, the ZHB shall apply the following general dimensional standards:
(1)
In residential districts, the area, bulk, and any other applicable requirements shall be no less stringent than those for single-family dwellings having the most stringent requirements 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 ZHB may require additional, reasonable but more stringent standards than those required in § 395-151C(1) and (2) above, provided that the Board makes one or more of the following determinations:
(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 XXII, 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.
D.
Hearings and decisions. Hearings of the ZHB and its decisions shall be in compliance with the following and §§ 395-181 and 395-182 of this chapter.
(1)
Public notice shall be given, and written notice shall be given to the applicant, the zoning officer, such other persons as the governing body shall designate by ordinance and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing.
(a)
The governing body may prescribe reasonable fees with respect to hearings before the Zoning Hearing Board. Fees for said hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Zoning Hearing Board, expenses for engineering, architectural or other technical consultants or expert witness costs.
(b)
The first hearing before the Board or hearing officer shall be commenced within 60 days from the date of receipt of the applicant's application, unless the applicant has agreed in writing to an extension of time. Each subsequent hearing before the Board or hearing officer shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
(2)
The hearings shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board; however, the appellant or the applicant, as the case may be, in addition to the municipality, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.
(3)
The parties to the hearing shall be Tinicum Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.
(4)
The chairman or acting chairman of the Board or the hearing officer presiding shall have 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.
(5)
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
(7)
The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
(8)
The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
(9)
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1 of the MPC, where the board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection D(3), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection D(1) of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(10)
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
E.
Residential conversions. Residential conversions shall be permitted by special exception, only in the R-2, R-3 and C-1 Districts.
(1)
To be eligible for conversion, a single-family detached dwelling must contain a minimum of 750 square feet of floor area for each unit. The conversion of single-family semidetached (twin), single-family attached (row/townhouse) and two-family detached (duplex) dwellings is not permitted.
(2)
The total number of units created by the conversion shall not exceed two.
(3)
Conversions shall comply with all requirements of the district in which they are located.
(4)
Not less than two parking spaces shall be created for each unit created by the conversion.
(5)
Each unit will be a complete, separate housekeeping unit that is separate from every other unit.
(6)
All utility connections shall meet the utility company standards.
(7)
No external alteration inconsistent with the residential use or architectural character of the dwelling or the neighborhood shall be permitted.
(8)
Separate entrances to the outside or to a common hallway opening to the outside shall be provided for each dwelling unit.
(9)
Applications for conversion shall be submitted to the Code Enforcement Officer (CEO) and shall include the following information items:
(a)
Floor plan showing the layout, including all dimensions of each unit.
(b)
Site development plan showing and locating the dwelling and other existing buildings; all property lines, any proposed additions, building set back lines, location and size of all underground utilities, as well as the length, width and function of all rights-of-way, easements and required parking spaces.
(10)
After processing the application, the CEO shall forward it to the ZHB for consideration as a special exception.
F.
Church and other religious uses.
H.
Child day-care centers. Child day-care centers shall be permitted as a special exception in the C-1, C-2, C-3 Districts; as a special exception in R-1 and R-2 Districts, as part of a school or church and as an accessory use in the C-2, C-3 and IB Districts.
(1)
A fence not less than four feet high shall be placed around all outdoor play areas. The bottom end of such fence must reach the ground to prevent children from crawling underneath.
(2)
Outdoor play activities shall be limited to the hours between 9:00 a.m. and 7:00 p.m.
(5)
Each facility shall provide for the discharge and pickup of children on a driveway, approved parking area or directly in front of the facility. In any case, the area selected for discharge and pickup must be free from traffic hazards to children.
(6)
No part of a facility may be located within 200 feet of gasoline pumps or underground storage tanks or any other storage area for explosive or hazardous materials.
(7)
Whenever possible, the drop-off area shall be located immediately adjacent to the facility. The drop-off area shall be designed in such a way that pedestrians do not cross-vehicular traffic lanes in any parking area or driveway. The drop-off area may be designed either as a part of the on-site parking area or the required drop-off spaces may be designed as part of a driveway providing direct access to the day-care center.
(8)
All pedestrian pathways shall be adequately lighted for safety and security if utilized during nondaylight hours. Specific areas for lighting are entrance ways, pedestrian access to the outdoor play areas, sidewalks used in nondaylight hours, drop-off areas, merchandise delivery areas and all parking lots.
(9)
All facilities shall comply with the requirements of the district in which they are located.
(10)
All facilities must be licensed and comply with all current regulations of the Pennsylvania Department of Public Welfare (DPW) and any other applicable state and local building and fire safety codes.
(11)
The operator of any child day-care center will allow the CEO to enter the property at reasonable times to inspect for compliance with the requirements of this section and all other applicable municipal and state ordinances and regulations.
I.
Gasoline service stations. Gasoline service stations shall be permitted as a special exception in the C-2 District, and by right in the I-B District subject to the requirements below:
(1)
Minimum lot area shall be 15,000 square feet.
(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 200 feet of a school, church, day-care center, nursing home, residential use or place of public assembly having a capacity of more than 50 persons. The required 200 feet shall be measured in the shortest distance between the service station property and any of the above uses.
(5)
Hydraulic hoists, pits, and all lubrication, greasing, washing and repair equipment shall be entirely within an enclosed building.
(6)
Exterior lighting shall be shielded so that it is deflected from adjacent or nearby properties and from motorists on public streets.
(8)
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.
J.
Funeral homes. Funeral homes shall be permitted as a special exception in the C-1 District only.
(1)
There shall be a lot area of not less than 15,000 square feet for each funeral home.
(2)
Lot width shall be not less than 75 feet.
(4)
Loading and unloading areas for hearses or other service vehicles shall be screened from abutting or nearby residential properties by a wall or planted visual screen, as required in § 395-141.
(5)
No principal or accessory building in which any funeral related activities take place shall be less than 20 feet from a side or rear lot line that abuts a residential use or district.
K.
Auto sales/dealership. Automobile sales establishments shall be permitted by special exception in the C-2 Commercial District subject to the following requirement:
(1)
Repair and service of motor vehicles shall be limited to those that do not require the use of a hydraulic lift or power tools. Hydraulic lifts and power tools shall not be permitted for use in auto service garage contained within an auto sales establishment.
L.
Office buildings. Office buildings shall be permitted as conditional use in W-1 and W1-A Districts, subject to the following requirements. (Office buildings are also permitted in the Industrial Heritage Overlay District that contains its own regulations).
(1)
Office buildings shall comply with the Bulk and Area requirements of the W-1 District as per § 395-97.
(2)
Exterior lighting shall be arranged to protect adjoining properties from direct or indirect glare or interference of any kind. All lighting fixtures shall be equipped with glare shielding devices and shall not exceed 20 feet in height.
N.
Bed-and-breakfast inns. Bed-and-breakfast inns shall be permitted only by special exception, in the W-1 District.
(1)
Minimum lot area for a bed-and-breakfast (B&B) inn shall be not less than 15,000 square feet.
(2)
All guests shall be transient with the length of stay not exceeding seven days.
(3)
The number of lodging rooms shall not exceed 12.
(4)
The owner of the establishment shall reside on the premises.
(5)
There shall be not less than one paved parking space for every lodging room, plus two spaces for the resident family, plus one for each employee where such employees are present. The facility shall comply with all other applicable requirements of Article XXII, Parking Regulations.
(6)
Truck deliveries shall not be made prior to 7:00 a.m. nor later than 7:00 p.m.
(8)
The facility shall have one bathroom for every two lodging rooms.
(9)
The owner or operator of the B&B may hold special events such as weddings, anniversary celebrations, birthdays, and corporate or private meetings upon the premises subject to the following conditions and limitations:
(a)
The special event shall be for the benefit of or organized by a guest the inn who rents the entire facility for the duration of the special event that shall not exceed three consecutive days duration.
(b)
Such special event shall be held generally at the outside of the facility, unless interior use shall be permitted by the CEO.
(c)
Music and entertainment shall not start prior to 11:00 a.m. nor take place than 10:00 p.m.
O.
Aircraft and aircraft dependent uses. Aircraft and aircraft dependent use shall be permitted by conditional use in the C-4A District subject to the following requirement:
(1)
The contractual obligations of the Airport Capacity Enhancement Program (CEP) must be met as a condition for the permission of aircraft and aircraft-dependent uses.
§ 395-152 Conditional uses.
A.
General requirements for review of conditional uses.
(1)
In any instance where the Board of Commissioners is required to consider a request for a conditional use, the Commissioners shall consider the following factors where appropriate:
(a)
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, lakes, wetlands, slopes and mature trees.
(b)
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.
(c)
That the proposed conditional use will serve the best interest of the Township, convenience of the community and the public health, safety and welfare.
(d)
That the proposed use is consistent with the latest, adopted Community Development Objectives for Tinicum Township (see § 395-3).
(e)
That the proposed use promotes orderly development, proper population density and the provision of adequate community facilities and services, including police and fire protection.
(f)
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.
(2)
Financial hardship shall not be a basis for granting the conditional use.
(3)
In granting any conditional use the Commissioners may attach reasonable conditions and safeguards in addition to those expressed in this chapter as they may deem necessary to implement the purposes of the Planning Code and this 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 conditional use contained below in appropriate sections of this article.
(4)
The following procedures shall be followed by the Tinicum municipal governing body in the review of a conditional use application:
(a)
Where the governing body, in the Zoning Ordinance, has stated conditional uses to be granted or denied by the governing body pursuant to express standards and criteria, the governing body shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. The hearing shall be conducted by the Board or the Board may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board. However, the appellant or the applicant, as the case may be, in addition to the Tinicum Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final. In granting a conditional use, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act in the Zoning Ordinance.
(b)
The governing body shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the governing body. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
(c)
Where the governing body fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Section 908 (1.2) of the MPC, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the governing body to meet or render a decision as hereinabove provided, the governing body shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the governing body shall fail to provide such notice, the applicant may do so.
(5)
Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
B.
Application and fees.
(1)
Application for a conditional use shall be made to the Board of Commissioners and shall be accompanied by a plan of the property showing the details of the use proposed, a traffic study, and other such written and graphic material as required by the applicable provisions of the latest adopted Delaware County Subdivision and Land Development Ordinance (SALDO) as now exists or may be adopted in the future and the applicable provisions of this chapter to adequately determine the appropriateness of the use at the location proposed. The application shall be accompanied by such fees as shall be established by the Commissioners, in an amount to cover all costs incurred by the Township.
C.
Requirements where standards are not provided. Where specific standards are not provided in this Article for uses considered by Conditional Use permit, the Commissioners shall apply the general standards listed in § 395-151C.
D.
Standards of proof. An applicant for a conditional uses permit shall have the burden of establishing both:
E.
Impact on public interest. In determining whether the allowance of a conditional use permit is contrary to the public interest, the Commissioners shall consider whether the application, if granted, will:
(1)
Adversely affect the public health, safety and welfare due to changes in traffic conditions, air quality, noise levels, neighborhood property values, natural features, and neighborhood aesthetic characteristics.
(2)
Be in accordance with the most recently adopted Community Development Objectives for Tinicum Township.
(4)
Adversely affect the logical, efficient and economical extension or provision of public services and facilities such as public water, public sewers, refuse collection, police, fire protection and public schools.
(5)
Otherwise adversely affect the public health, safety and welfare.
F.
Expiration of conditional use permits. Unless otherwise specified by the Commissioners, 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.
G.
Public hearing.
(1)
Within 60 days after the applicant files an application for a conditional use, the Board of Commissioners shall hold a public hearing pursuant to public notice. The cost of such public hearing(s) shall be borne by the applicant. Written notice of the public hearing shall be given to the applicant, the CEO, such other persons that the Commissioners may designate and to all others who have registered their names with the Tinicum Township CEO for that purpose.
(2)
After a full review of the application, and the recommendations of the Planning Commission, the Board of Commissioners 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 shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefore. Such decision or written finding shall be made by the Commissioners no later than 45 days after the last hearing.
(3)
The Board of Commissioners shall approve or disapprove the application by resolution and shall send a written notification to the applicant within 10 days of a decision.
H.
Method of determination.
(1)
The Board of Commissioners 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)
If the application involves a land development, a detailed plan review shall be required by the Township after the application of the conditional use has been acted upon by the Board of Commissioners. This land development review shall be in accordance with the procedures outlined in the latest adopted Delaware County SALDO, as now exists or may be adopted in the future. If the applicant wishes to provide the necessary documentation, the Board of Commissioners may consider the concurrent review of the conditional use requested and the detailed plans for the land development. Time limits for review of the detailed plans, if necessary, will be governed by the latest adopted Delaware County SALDO.
I.
Conference center. As noted in § 395-87 of Tinicum Township Industrial Heritage Corridor Overlay District.
K.
Motels and hotels. Hotels shall be permitted by conditional use in C-2, C-3, and W-1 Districts subject to the standards and criteria below, and in the IHCO Industrial Heritage Corridor Overlay subject to the standards and criteria below as well those specified in § 395-86A(3). Motels shall be permitted by conditional use in the C-3 District, subject to the standard and criteria below.
(1)
Lot area shall be not less than two acres.
(2)
Lot width shall be not less than 150 feet.
(3)
The front yard shall be not less than 45 feet.
(4)
The side yards shall be not less than 20 feet on each side.
(5)
The rear yard shall be not less than 20 feet.
(6)
Building coverage shall not exceed 40% of the lot area.
(7)
Impervious surface shall not exceed 70% of the lot area.
(9)
Building height shall not exceed that required in district where the facility is located.
(10)
Hotels in the W-1 District are also subject to the following standards and criteria:
(a)
Hotels must contain frontage along the Delaware River.
(b)
Hotels must include sit-down indoor and/or outdoor dining restaurant.
(c)
Public along the Delaware River must be provided on the hotel property.
(d)
Viewsheds along the river should be preserved in the siting, design and development of the hotel.
(e)
A marina for river access to the may be incorporated as part of the hotel development.
L.
Townhouses, as conditional use in Industrial Heritage Overlay District. As noted in § 395-87 of Tinicum Township Industrial Heritage Corridor Overlay District.
M.
Apartments, as conditional use in Industrial Heritage Overlay District. As noted in § 395-87 of Tinicum Township Industrial Heritage Corridor Overlay District.
N.
Townhouses. The following regulations shall apply to townhouses in the W-1 District which shall be permitted as a conditional use only.
(1)
There shall be a tract area of not less than one acre and a lot area of not less than 2,000 square feet.
(2)
Lot width shall be not less than 20 feet.
(3)
Density shall be not more than 10 units per acre.
(4)
Not less than 25% of the tract shall be devoted to open space.
(5)
Setbacks shall be not less than 40 feet from the exterior road, not less than 15 feet from a parking area, and not less than 20 feet from tract boundaries.
(6)
There shall be not more than six units in a row.
(7)
The distance between buildings shall be not less than 30 feet.
(8)
Not more than two abutting units shall have the same front setback. Variations in the front setback shall be not less than three feet.
O.
Apartments. The following regulations shall apply to apartments in the W-1 District which shall be permitted as a conditional use only.
(1)
Tract area: five acres.
(2)
Lot width: 100 feet.
(3)
Front yard: 30 feet.
(4)
Side yards: 25 feet each side.
(5)
Rear yard: 30 feet.
(6)
Building coverage: 40%, maximum.
(7)
Impervious surface: 60%, maximum.
(8)
Building height: 45 feet or four stories, maximum.
(9)
Required offset: not more than two adjacent units with same setback. Offset of at least four feet is required.