West Conshohocken City Zoning Code
ARTICLE IV
Regulations Governing All Districts
§ 113-15 Application of regulations.
For the purposes of this chapter, the regulations in this article shall govern each and every district.
§ 113-16 Lots of record.
A lot or group of lots of public record and in single and separate ownership at the time of enactment of this chapter shall be used for a permitted use in the district in which it is located, if the minimum and maximum regulations of the district are met; less than three years have elapsed from the date of preliminary approval of the subdivision plan; or the Zoning Hearing Board grants a special exception after finding that the necessary additional ground is not available because of the settled condition of the neighborhood or because of inability of the owner to acquire additional ground upon fair terms.
§ 113-17 Reduction of lot area.
No lot shall be so reduced that the area of the lot or the dimensions of the required open space shall be less than herein prescribed.
§ 113-18 Modification of front yard requirements.
Where an unimproved lot of record is situated on the same street frontage with two improved lots or one unimproved and one improved lot, the front yard requirement for that district shall be modified so that the front yard shall be an average of the existing and required front yard, when authorized as a special exception by the Zoning Hearing Board.
§ 113-19 Obstruction to vision at intersections.
[Amended 9-10-2002 by Ord. No. 02-07, approved 9-10-2002]
On any corner lot, no physical improvement or planting area shall be erected, altered or maintained within the required yards which shall cause obstruction to driver vision from the abutting intersection, in accordance with applicable Pennsylvania Department of Transportation Standards as set forth in the Pennsylvania Vehicle Code, 72 Pa.C.S.A. § 6112, as amended.
§ 113-20 Access to public streets.
[Amended 10-14-1986 by Ord. No. 377, approved 10-14-1986]
No structure shall hereafter be erected unless there is direct access to it through a right-of-way which shall be at least 25 feet wide and shall extend from the structure to a public street or highway.
§ 113-21 Existing interior lots.
An existing lot for which access to a public road is less than as specified in § 113-20 may be built upon only when authorized by a variance. In computing the area of such lots, the area of the strip of ground connecting the lot with the public road shall not be considered. All buildings and other structures to be located on such lots shall not be closer than 15 feet to surrounding lot lines, and the strip of ground connecting the lot with the public road shall be used as an access strip to only the particular lot in question. The Zoning Hearing Board shall consider the suitability of the strip of ground which connects the lot with the public road for use as an access driveway and may impose such other conditions as may be required.
§ 113-22 Accessory uses.
Accessory uses authorized in this chapter shall include, but not by way of limitation, the following:
A.
Uses accessory to dwellings.
(1)
Permitted accessory uses:
(a)
Private garage, children's playhouse, private parking space and shelter for pets.
(b)
Swimming pool for use of family and guests only.
(c)
Private greenhouse.
(d)
Living quarters for household employees, caretakers or watchmen.
(e)
The renting of rooms within the dwelling in which the lessor resides, or in a building accessory thereto, to not more than two nontransient persons, with or without the provision of table board for such persons.
(f)
Professional office or studio of a doctor, dentist, teacher, artist, architect, landscape architect, musician, lawyer, engineer, magistrate or practitioner of a similar character, or rooms for home occupations, provided that such office, studio or rooms are located in the dwelling in which the practitioner resides, or in a building accessory thereto, and provided further that no goods are publicly displayed on the premises and that no more than three persons other than the practitioner may assist or be employed therein.
(2)
Prohibited accessory uses:
(a)
Uses authorized in this article as accessory to a dwelling shall not be deemed to include a business, hospital, clinic, animal hospital, barbershop, beauty parlor, other personal service shop, tearoom, hotel or any similar use.
(b)
Garage sales, yard sales or any other type of private sale held more often than two times a year by any one household shall be deemed a commercial activity and therefore shall not be allowed in any residential district.
B.
Uses accessory to public park or playground: customary recreational, refreshment and service uses and buildings in any public park, reservation, playground or other recreational area.
§ 113-23 Projections in required yards.
No structure and no part of a structure shall be erected within or shall project into any minimum required yard in any district, except that:
A.
An unenclosed porch, not more than 14 feet in height, may be erected to extend into a required front or rear yard a distance of not more than 10 feet, provided that in no case shall it extend into such front or rear yard more than 1/2 the existing depth of the yard.
B.
A terrace or platform not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than 12 feet, provided that it shall not extend into such yard more than 40% of the existing depth or width of the yard.
C.
A carport may be erected over a driveway in a required side yard, provided that such structure:
(1)
Is not more than 14 feet in height and 20 feet in length.
(2)
Is entirely open on at least two sides, exclusive of the necessary supporting columns and the customary architectural features.
(3)
Does not extend closer to the side lot line than a distance of five feet.
D.
A buttress, chimney, cornice, pier or pilaster of a building may project not more than 18 inches into a required yard.
E.
Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three feet into a required yard.
§ 113-24 Fences and walls.
[Amended 8-10-1993 by Ord. No. 425, approved 8-10-1993; 9-14-2010 by Ord. No. 2010-12, approved 9-14-2010]
A.
No fence or wall, except a retaining wall approved by the Borough or a wall of a building permitted under the terms of this chapter, over six feet in height shall be erected within any open spaces required by this chapter. That portion of the fence or wall which exceeds four feet in height shall contain opening therein equal to 50% or more of the area of said portion of the fence or wall, except as authorized in writing.
B.
All fences shall be erected with the finished side of the fence facing adjacent properties. The finished side shall be considered the side without the structural supporting members.
C.
All fences or walls erected within the front yard setback shall provide an operable gate with a minimum width of 36 inches to provide access to the area between any fence or wall and the cartway of the abutting street, and the property owner shall be responsible for maintaining this area. There shall be a minimum thirty-six-inch opening for each street frontage and at least one operable gate for every 500 feet of fencing or barrier along a street.
D.
All fences or walls must be located on the property owner's property and may not be located in any right-of-way.
E.
All fences and walls must meet PennDOT sight distance requirements.
§ 113-25 Manufactured homes.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
Manufactured homes are a permitted use in the R-2 Residential District, provided that they meet the applicable requirements for single-family detached dwellings as set forth in Article VI of this chapter.
§ 113-26 Exceptions for public utility corporations.
This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by a public utility corporation if, upon petition of such corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public; nor shall this chapter apply to any building of the Borough or extension thereof or to the use of any premises by the Borough if the Borough Council shall, after a public hearing, decide that such building or extension thereof, or such use of any premises, is reasonably necessary for the education, convenience, recreation or welfare of the public.
§ 113-27 Trailers.
No lot or premises may be used for a trailer camp, and no lot or premises shall maintain an inhabited trailer for a period exceeding 30 days.
§ 113-28 Condominium ownership.
No section of this chapter shall be construed to prohibit condominium ownership as permitted by the Pennsylvania Unit Property Act, P.L. 117, and any amendments thereto.
§ 113-29 Prohibition of public nuisances.
The following standards shall be followed throughout the Borough:
A.
No building may be erected, altered or used and no lot or premises may be used for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise.
B.
No lot or premises shall be used for the storage, deposit or disposal of rubbish, junk or any noxious, offensive or otherwise objectionable material.
§ 113-30 Exceptions to height requirements.
Exceptions to the maximum height specified in each district shall be governed by the following:
A.
In all districts, chimneys, spires, towers, skylights, tanks, radio or television aerials or similar uses or structures shall not be included in calculating the height where such structures are customary vertical projections of a permitted building.
B.
In any residential district, the prescribed basic height limit may be exceeded by one foot for each foot by which the width of each side yard and the depth of each rear yard are increased beyond the minimum requirements, up to a maximum of five feet.
§ 113-31 Conversion of residential structures.
The Zoning Hearing Board may allow, as a special exception, the conversion of a single-family dwelling or other building into a dwelling for two or more families, subject to the following requirements:
A.
A petition in favor of such exception is filed with the Zoning Hearing Board signed by the owners of 50% or more of the frontage on the same street within 300 feet of the designated lot.
B.
Each dwelling unit shall not have less than 600 square feet of floor area, plus an additional 100 square feet of floor area for each additional bedroom in excess of one.
C.
The lot area per family may not be reduced to an amount less than 33% of that required by this chapter for the district in which the designated lot is located.
D.
Fire escapes and outside stairways shall, when practicable, be located to the rear of the building. Outside stairways shall be enclosed. A metal fire escape, leading to the ground, shall be provided for each floor above the second. Each unit shall have two means of egress.
E.
The Zoning Hearing Board shall specify the maximum number of families permitted to occupy such buildings and may prescribe such further conditions and restrictions as the Zoning Hearing Board may consider appropriate.
F.
The off-street parking requirements of this chapter are met.
G.
Public sewers are available and the building shall be connected thereto, or the Sewage Enforcement Officer shall be satisfied that the method of sewage disposal shall be adequate for the units.
§ 113-32 Construction or modification of institutional uses.
A.
Standards for Zoning Hearing Board review of institutional uses. In reviewing an application for a special exception to construct or modify an institutional use in any residential or commercial district, as described in this chapter, the Zoning Hearing Board shall use the following standards:
(1)
Area. The minimum lot size for an institutional use shall be one acre, except for places of worship.
(2)
Building coverage. The total area covered by buildings shall not exceed 60% of the total lot area. The remaining area shall be used for and maintained as landscaped open space, recreational area, woodlands or similar nonintensive use. No more than 20% of this remaining area may be covered by blacktop, concrete or similar impervious material for use as parking area, walkways or vehicular accessways.
(3)
Height. The maximum height of any building shall be 40 feet, except that such height may be increased when approved by the Zoning Hearing Board for such structures as water towers, silos, chimneys, steeples and radio antennae, provided that for every foot of height in excess of 65 feet there shall be added to each yard a requirement of one corresponding foot of width or depth.
(4)
Yard requirements. The minimum frontage on a public road shall be 100 feet measured along the street line. The minimum depth of a front yard shall be 25 feet measured from the ultimate right-of-way line of the street on which the building fronts. For each building there shall be two side yards of not less than 25 feet. There shall be established for each building a rear yard of at least 30 feet.
(5)
Off-street parking. Off-street parking shall be provided in accordance with Article XV, Off-Street Parking and Loading.
(6)
Clustering. When from a functional standpoint a grouping or clustering of buildings is practical, modifications in side and rear yard requirements may be made when approved by the Zoning Hearing Board.
(7)
Landscaping. Landscaping, including buffers, screens, parking lot landscaping, street trees and preservation of existing vegetation, shall be provided according to the requirements of Chapter 102, Subdivision and Land Development.
[Added 11-14-1995 by Ord. No. 95-436, approved 11-14-1995]
B.
Required plans for Zoning Hearing Board review. The following plans shall be required before issuance of a building permit to construct or modify any institutional use in West Conshohocken Borough:
(1)
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots and other constructional features on the lot; and all buildings, streets, alleys, highways, streams and other topographical features of the lot and within 200 feet of any lot line.
(2)
Architectural plans for any proposed buildings.
(3)
A description of the institutional operations proposed in sufficient detail to indicate the effects of these operations in producing traffic congestion, noise, glare or safety hazards.
(4)
Engineering and architectural plans for the treatment and disposal of sewage and the delivery of water to the site.
(5)
Engineering and architectural plans for the handling of any excess traffic congestion, noise, glare or safety hazard.
(6)
Any other pertinent data that the Zoning Hearing Board may require.
C.
Nuisance controls. The institutional use shall make provisions for controls of each of the following:
(1)
Access. A planned system of efficient access, egress and internal circulation of traffic which shall interfere minimally with nearby traffic shall be required. Loading and unloading areas shall be provided where necessary.
(2)
Lighting. Lighting shall be arranged in a manner which will protect adjacent highways and neighboring properties from unreasonable direct glare.
(3)
Solid-waste disposal. A plan for the disposal of solid waste material shall be required. All solid waste shall be stored in covered containers. No solid waste shall be stored closer than 50 feet to any property line, unless a variance is obtained from the Zoning Hearing Board.
(4)
Noise. No operations creating an unreasonable amount of noise outside the property lines shall be allowed.
D.
Review by Planning Commission. The Planning Commission shall review all plans for any institutional use and shall submit these plans with recommendations thereon to the Zoning Hearing Board.
§ 113-33 Construction or modification of recreational or open space uses.
A.
Standards for Zoning Hearing Board review of recreational and open space uses. In reviewing an application for a special exception to construct or modify a recreational or open space use in any zoning district, as described in this chapter, the Zoning Hearing Board shall use the following standards:
(1)
Use regulations. Land may be used or occupied and buildings and structures may be erected, altered and used for any of the following purposes, and no other:
(a)
Public parks or recreation areas owned and operated by a governmental agency.
(b)
Woodlands, game preserves or other conservation purposes; and privately owned recreational uses, including parks (but not amusement parks), picnic grounds, swimming pools, ice-skating rinks and tennis courts.
(c)
Uses accessory to permitted uses, provided that each building or structure is clearly incidental to the permitted use.
(d)
Any use of the same general character as any of the above uses when authorized as a special exception by the Zoning Hearing Board, provided that the use and its design are compatible with the character of the area.
(2)
Area. For privately owned commercial recreation, a lot of area of not less than 25,000 square feet shall be provided.
(3)
Building coverage.
(a)
For outdoor recreational or open space uses, not more than 20% of the total lot area shall be occupied by buildings.
(b)
For indoor recreational uses, not more than 30% of the total lot area shall be occupied by buildings.
(4)
Height regulations. The maximum height of buildings and other structures erected or enlarged in this district shall be 25 feet.
(5)
Green areas. At least 90% of the area of each lot devoted to off-street parking or occupied by buildings or other structures shall be kept in grass, shrubbery, trees or other natural cover.
(6)
Setbacks. No principal building or principal recreation use, such as but not limited to a swimming pool or tennis court, shall be located less than 35 feet from any abutting residential district or less than 10 feet from the lot line.
(7)
Parking. All parking areas shall be subject to Article XV, Off-Street Parking and Loading, of this chapter.
(8)
Signs. All signs shall be subject to the provisions of the West Conshohocken Sign Ordinance.[1]
[1]
Editor's Note: See Article XXIII, Signs.
(9)
Outside lighting. All outside lighting shall be shielded so that the sources of light shall not be visible from any point off the lot on which the light is located. In no case shall lights be permitted to be directed or reflected toward any residential district.
B.
Development plan. In order to accomplish the spirit and purpose of this chapter, any plans for any recreation or open space use or modifications to any existing recreation or open space uses prior to the issuance of any zoning permit shall be submitted to the West Conshohocken Planning Commission, and such plans shall include the following, as applicable:
(1)
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots and other construction on the lot; and all streets, alleys, highways, streams and other topographical features of the lot and within 200 feet of any lot line.
(2)
Architectural plans for any proposed buildings.
(3)
A description of the activities proposed in sufficient detail to indicate the effects of these operations in producing traffic congestion, noise, glare or safety hazards.
(4)
A landscaping plan, according to the requirements of Chapter 102, Subdivision and Land Development.
[Amended 11-14-1995 by Ord. No. 95-436, approved 11-14-1995]
(5)
Any other pertinent data that the Planning Commission may require.
C.
The Planning Commission shall review all plans submitted to them and shall submit these plans with recommendations thereon to the Zoning Hearing Board.
§ 113-33.1 Student houses.
[Added 5-9-1995 by Ord. No. 95-431,[1] approved 5-9-1995]
A student house is permitted in certain zoning districts as a special exception. The purposes of these provisions are to preserve the character and integrity of single-family neighborhoods, prevent undue concentration of population and traffic congestion, prevent over-parking on public streets and maintain property values. The Zoning Hearing Board shall grant the special exception for a student house, provided that all of the following standards are met:
A.
The number of persons living in such student home shall not exceed three in number. It is the intent of this section that any number of persons in excess of three would tend to create an institutional atmosphere.
B.
The student house shall be permitted in a single-family detached dwelling and shall meet the minimum yard setback and lot width requirements for single-family detached dwellings in the zoning district in which it is located.
C.
No student house shall be located on a lot, any portion of which is closer to another lot lawfully used for a student house than a distance determined by multiplying times five the required street frontage for a single-family detached dwelling in the district in which the building is located.
D.
The student house shall have a minimum of 1,300 square feet of living area, exclusive of building area covered by a garage or accessory building.
E.
A minimum of three paved, on-site, off-street parking spaces located to the side or rear of the premises and not in the required front yard setback shall be required.
F.
The owner or manager or agent of the student house shall register such house with the Borough as required by Chapter 90, Rental Registration, § 90-3, of the Code of the Borough of West Conshohocken and shall comply with the requirements of said chapter, including the yearly registration provisions. If such student house is not registered in accordance with the provisions of Chapter 90, the special exception permit shall expire and the student house use shall be unlawful.
[1]
Editor's Note: This ordinance also provided that all dwelling units in the Borough of West Conshohocken which are duly registered and constitute a "student house," as of the date of adoption of this ordinance, shall remain a student house unless the dwelling unit either is vacant for 12 consecutive months or is rented to persons other than students for 12 consecutive months.
§ 113-33.2 Adult entertainment.
[Added 5-9-2000 by Ord. No. 00-4, approved 5-9-2000; amended 9-6-2000 by Ord. No. 00-8, approved 9-7-2000]
A.
Intent. The Borough of West Conshohocken has determined that adult entertainment uses tend to bring with them situations that can affect the health, safety, and welfare of Borough residents. These situations include difficulties with law enforcement, municipal maintenance, trash, negative effects on business and residential property values, increased crime, corruption of the morals of minors and prostitution. The Borough of West Conshohocken considers that limiting the location of and requiring permitting for adult entertainment uses are legitimate and reasonable means of addressing the secondary effects of such uses without affecting or suppressing any activities protected by the First Amendment of the United States Constitution.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coins or slugs are used to operate still or motion producing devices which show images to five or fewer persons per machine at any one time and where the image so displayed or distinguished or characterized depicts or describes specified anatomical areas or specified sexual activities.
ADULT CABARET, DANCE HALL, PRIVATE CLUB, BAR, TAVERN, NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT
Any type of establishment offering adult entertainment which presents material distinguished or characterized by an emphasis on matter depicting or describing specific sexual activities or specified anatomical areas for observation by patrons therein. Such presentation or material may be live or through films, motion pictures, videocassettes, slides or other means of photographic reproduction.
ADULT ENTERTAINMENT
Live or nonlive entertainment containing specified sexual activities or displaying or presenting specified anatomical areas. This definition is a broad overall definition which includes the activities of adult arcades, cabarets, dance halls, private clubs, bars, gentlemen's bars, taverns, adult materials sales, adult motion-picture theaters and peep shows, adult motels and sexual encounter centers as part of its definition for adult entertainment.
ADULT MOTION-PICTURE THEATER
Any structure which houses a commercial establishment used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTEL
A hotel, motel or similar commercial establishment which offers accommodation to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
NUDITY
The appearance of the specified anatomical areas without any coverings on the body area.
PEEP SHOWS
Any structure which houses a commercial establishment with the capacity for one or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas for observation by parties therein.
SEMINUDITY
State of dress in which clothing partially or transparently covers the specified anatomical areas.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration either physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between two or more persons when one or more of the persons is in a state of nudity or seminudity.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breasts below the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts or simulated acts of sexual intercourse, masturbation, sodomy, oral copulations or bestiality; or
(3)
Fondling or other erotic touching of specified anatomical areas.
C.
Classification. Adult entertainment uses are classified as any of the following activities:
(1)
Adult arcade.
(2)
Adult cabaret, dance hall, private club, bar, tavern, nightclub, restaurant or similar commercial establishment.
(3)
Adult material sales.
(4)
Adult motion-picture theater.
(5)
Adult motel.
(6)
Peep shows.
(7)
Sexual encounter center.
D.
Development regulations. Where permitted by conditional use, all adult entertainment uses shall meet the following conditions:
(1)
No adult use shall be permitted to be located within 400 feet of any existing residence, residential district, church, school or school property line, playground, child day-care facility, juvenile recreational facility or park.
(2)
No adult entertainment use shall be located within 300 feet of another adult entertainment use.
(3)
No adult use shall be considered to be a permissible change of use, in conformance with Article XVIII, Nonconforming Buildings, Structures, Uses and Lots, unless the subject property is located in a district where adult uses are permitted and can be shown to comply with the regulations, standards and criteria of this section.
(4)
Adult uses shall be housed in completely enclosed buildings, designed and used in a manner that prevents the viewing of adult use activities or materials from outside the building. No exterior display of products, activities or shows shall be permitted, except for a sign that identifies the name of the establishment and its hours of operation in conformance with the requirements of Article XXIII herein.
(5)
If any portion of a use meets the definition of adult use, then that portion must comply with the requirements of this section.
E.
Permit.
(1)
Any person who operates an adult entertainment use, as defined herein, is required to obtain a permit from the Borough to operate such use. Each permit shall expire one year from the date of issuance and may be only renewed by making application for a new permit.
(2)
Borough Council shall set the annual fee for an adult entertainment use permit.
(3)
The application for an adult entertainment use permit shall include a sketch or diagram of the configuration of the premises drawn to an accuracy of plus or minus six inches and a list of all individuals who have a 10% or greater interest in the adult use and any other information deemed necessary by the Zoning Officer.
(4)
The Borough shall deny applications for a permit if any one of the following conditions is found to be true:
(a)
The applicant is under 18 years of age.
(b)
An applicant or the spouse of an applicant is delinquent in payment of any moneys owed to the Borough.
(c)
The premises for the adult entertainment use have been disapproved by the Fire Marshall or Building Inspector.
(d)
An applicant, any individual or corporation having a direct interest of 10% or greater in the adult entertainment use or the person in charge of the operation of the business have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania or convicted of any offense in any other jurisdiction that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania.
F.
Inspection. The applicant or permittee shall permit the Borough Police Department, Fire Marshal, Building Inspector, Zoning Officer or other Borough official to inspect the premises of the adult entertainment use to ensure compliance with the law at any time that the use is open for business.
G.
Suspension. The Zoning Officer shall suspend a permit for not more than 30 days if he finds that the permittee or an employee has violated any subsection of this section, refused to allow an inspection as authorized by this section or has knowingly permitted gambling by any person on the adult entertainment use premises.
H.
Revocation. The Zoning Officer shall revoke a permit if a cause of suspension occurs and the permit has been suspended within the preceding 12 months. Further, the Zoning Officer shall revoke a permit if any of the conditions set forth in Subsection E(4) is found to be true; if any information submitted for the permitting process is found to be false; if the permittee or an employee has knowingly allowed the possession, use or sale of controlled substances on the premises, allowed prostitution on the premises, or allowed any act of sexual contact to occur in or on the premises. When the Zoning Officer revokes a permit, the revocation shall continue for a period of one year from the date of revocation.
I.
Adult entertainment uses, as classified in Subsection C above, are permitted as conditional uses in the LI Limited Industrial District pursuant to the provisions of this section.
§ 113-33.3 Outdoor dining and consumption of alcohol.
[Added 1-14-2004 by Ord. No. 04-02, approved 1-14-2004]
All restaurants, taverns and bars shall be permitted to serve food and alcohol outside, provided that all of the following requirements are met:
A.
If alcohol is served outside, the owner must have permission from the appropriate state agencies to serve alcohol in the outside dining area.
B.
No patrons may be in the outside area after 9:00 p.m.
C.
There shall be no live music or piped-in music in the outdoor dining area.
D.
The outdoor dining area shall be restricted to decks, patios, porches, sidewalks and other similar open areas.
E.
There shall be no consumption of food or alcohol within the public right-of-way or within six feet from the curb, whichever is further from the curb.
F.
There shall be no serving of alcohol or food in any area within the minimum side, rear or front yard setbacks, unless the deck, patio or porch is legally permitted or is nonconforming.
G.
There shall be no public address system associated with the outdoor dining or drinking area.
H.
There shall be no outdoor dining or drinking on any level other than the ground floor level, therefore, there shall be no outdoor dining or drinking on decks or other similar structures above the first floor.
I.
There shall be no paper products used in the area of the outdoor dining.
J.
In addition to the parking requirements mandated by § 113-98B(6), there shall be one parking space for every 25 feet of square footage of outdoor dining area.
§ 113-33.4 Conditional use standards.
[Added 1-10-2006 by Ord. No. 06-01, approved 1-10-2006]
The applicant for a conditional use shall have the burden of proof in establishing that the following standards and criteria for the granting of a conditional use application have been met:
A.
Consider the suitability of the property for the use desired and determine whether the proposed change is consistent with the spirit, purpose and intent of this chapter and Comprehensive Plan.
B.
Determine that the proposed change will not substantially injure or detract from the use of the neighboring properties or from the character of the neighborhood and that the use of the adjacent properties arc adequately safeguarded.
C.
Determine that the proposed change will serve the best interest of the Borough of West Conshohocken.
D.
Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police, fire protection and public schools.
E.
Consider the suitability of the proposed location of use with respect to probable effects upon highway traffic and assure adequate access arrangements in order to protect major roads from undue congestion and hazard.
F.
Be guided in its study, review and recommendation by sound standards of subdivision and land development practice where applicable.
G.
Imposing such conditions and safeguards in addition to those required which are necessary to assure compliance with the intent of this chapter and the Comprehensive Plan. Such conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements and adequate standards of parking, loading and sanitation.
H.
In all applications for conditional uses, Borough Council shall examine the effect of the proposed use or expansion of an existing use on the demands for parking in the Borough. The Borough Council shall evaluate the necessity of providing off-street parking regardless of whether off-street parking is required by the Code. The Borough Council shall require the applicants to present testimony regarding the effect of the proposed use on parking problems in the Borough.
I.
The burden is upon the applicant to prove that the proposed use or the expansion of an existing use will not exacerbate the parking problems that exist in the Borough at the time.
J.
The applicant shall have the burden of establishing by competent evidence and testimony that the application falls within the provisions of this chapter which accords to the applicant the right to seek a conditional use, and that the allowance of the conditional use will not be contrary to the public interest.
K.
In considering whether the allowance of a conditional use is contrary to the public interest, the Borough Council shall consider whether the application, if granted, will:
(1)
Substantially increase traffic congestion in the streets surrounding the subject site.
(2)
Increase the risk of fire or panic or otherwise endanger the public safety.
(3)
Overcrowd the land or create undue concentration to population.
(4)
Be suitable for the property in question so as to be consistent with the spirit and purpose of the provisions of this chapter.
(5)
Intrude upon the adequacy of natural light and air to adjoining properties.
(6)
Create extraordinary burdens on public, private or community water systems or upon groundwaters or wells within the neighborhood.
(7)
Overburden the public sanitary sewer system or present other environmental problems for the area.
(8)
Place undue burdens on the police, fire, ambulance or other emergency services provided throughout the neighborhood.
(9)
Cause adverse effects to the appropriate use to the adjacent properties in the neighborhood where the property is located.
(10)
Cause adverse impacts due to its building, parking areas, loading areas, outdoor activity areas, light sources, trash areas, storage areas and other potential nuisances to abutting properties and the neighborhood as a whole.
(11)
Cause risk or damage to the safety of persons or property by improper location or design of facilities for ingress and egress to or from the property in question.
(12)
Cause negative impacts to any rivers, streams, ponds, floodplains, wetlands, parklands, groundwater, vegetation, steep slopes, air and ground.
(13)
Overburden the street parking in the area.
(14)
Otherwise adversely effect the public safety, health, morals and general public welfare of the community.
§ 113-33.5 Bed-and-breakfast facilities.
[Added 10-8-2013 by Ord. No. 2013-03, approved 10-8-2013]
Bed-and-breakfast facilities, as defined in this chapter, are a permitted use in certain single- and two-family residential districts in accordance with the following standards:
A.
A bed-and-breakfast facility shall be permitted only in single-family detached, owner-occupied dwellings, with a minimum lot size of 15,000 square feet.
B.
The owner of the bed-and-breakfast shall reside in and continue to reside in the dwelling as his/her/their principal residence, and the principal use of the property shall remain that of a residential dwelling as defined by § 133-10.
C.
The owners or a representative of the owner of a bed-and-breakfast facility must be in residence when guests are present.
D.
No more than eight guest rooms may be offered on any individual residential property.
E.
There shall be provided at least one full bathroom, including a toilet, wash basin, bath and/or shower, per two guest rooms.
F.
No guest may be registered for a maximum continuous period in excess of seven consecutive nights. The owner shall maintain a current guest register and shall preserve registration records for a minimum of three years.
G.
Accommodations at the bed-and-breakfast facility may include breakfast prepared on the premises for the guests and included in the charge for the room. No meal other than breakfast may be prepared on the premises for the registered guests. The owner shall comply with all federal, state and local requirements for the preparation, handling and serving of food.
H.
Any amenities (swimming pool, tennis court, etc.) shall be solely for the use of the resident owner and guests of the facility.
I.
No goods may be publicly displayed for sale on the premises.
J.
Each bed-and-breakfast facility shall comply with the Federal Life Safety Code, the rules and regulations of the Pennsylvania Department of Labor and Industry and all other applicable building, safety and fire codes of the federal, state and local government.
