West York City Zoning Code
ARTICLE X
Special Exceptions
§ 470-56 Special exceptions.
A.
Special exceptions are deemed uses that may be allowed in their respective district subject to the satisfaction of the requirement standards set forth in this article, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Before any special exception shall be granted, the Zoning Hearing Board shall review the proposed special exception in accordance with the following requirements and criteria and satisfy itself that they have been met, in addition to any other requirements necessary, to fulfill the objectives of this chapter.
B.
Where this chapter has stated that a special exception is to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Zoning Hearing Board shall hear and decide the requests in accordance with same.
C.
All applications for a special exception may be referred to the Planning Commission and/or Borough Engineer by the Zoning Hearing Board with the direction that the Planning Commission and/or Borough Engineer shall make a study thereof and recommendation thereon to the Zoning Hearing Board within 30 days from the date of the receipt of said application by the Planning Commission and/or Borough Engineer. The burden of proof for all specific criteria as well as presentation duty rests with the applicant.
§ 470-57 Procedures.
The application for the special exception shall first be submitted to the Zoning Officer. The Zoning Officer shall review the submittal to determine if it is generally in the form that complies with the terms of this chapter. If within five days from the submittal date, the Zoning Officer determines that the submittal is incomplete, it shall be returned to the applicant, having not been properly filed. If the submittal is found to be in accordance with this chapter, the same shall be forwarded to the Zoning Hearing Board by the Zoning Officer. Such submittals shall be on forms provided by the Borough. Submittals shall include the appropriate fee, to be set by resolution of Borough Council. Failure of applicant to pay the fee required shall cause any application to be deemed incomplete and not being properly or duly filed.
§ 470-58 Plan of development.
A plan to scale for the proposed development of a site for a permitted special exception shall be submitted with the application. Such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and other pertinent information that may be necessary to determine if the proposed special exception meets the requirements of this chapter.
§ 470-59 General standards or criteria for special exceptions.
The Zoning Hearing Board, before granting a special exception for any use, must find that the use and the proposed operations and development in connection with the use, or the modification of the terms of this chapter, shall have been specifically authorized as a special exception in the district within which such particular site is located. The Zoning Hearing Board shall make the following findings in writing, when relevant in a given case, either from the evidence presented at the hearing, or from a study and report prepared by the Planning Commission, the Borough Engineer, or other competent technical consultants:
A.
That the location of the use, including with respect to the existing or future streets, giving access to it, is in harmony with the orderly and appropriate development of the zone in which the use is to be located.
B.
That the nature and intensity of the operations involved are in harmony with the orderly and appropriate development of the zone in which the use is to be located;
C.
That the grant of the special exception shall not materially increase traffic congestion on the roads and highways, nor cause nor encourage commercial or industrial traffic to use residential streets.
§ 470-60 Additional conditions by Zoning Hearing Board.
A.
In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, considered necessary to implement the purposes of this chapter, including conditions which are more restrictive than those established for other uses in the same zone and may require, among others and where appropriate:
(1)
Suitable planting, fencing or screening;
(2)
Harmonious architectural or landscaping treatment;
(3)
Suitable hours of operation;
(4)
Proper vehicular access and parking facilities;
(5)
Sidewalks, storm sewer and/or other public improvements;
(6)
Proper restrictions as to the use of outdoor flood or spot lighting, public address systems, and advertising displays;
(7)
Any such other improvements and/or restrictions and/or conditions as the Zoning Hearing Board may deem appropriate.
B.
For any use permitted by special exception, a special exception must be obtained from the Zoning Hearing Board. In addition to the information required on the building permit application, the special exception application must show:
C.
Unless otherwise specified or extended by the Zoning Hearing Board, a special exception approval expires if the applicant fails to obtain, where required to do so, a building permit within six months of the date of the authorization of the special exception.
§ 470-61 Adult facilities.
In a C Commercial District and subject to the requirements of the zone as herein modified:
A.
An adult facility shall not be located within 1,000 feet of any other adult facility.
B.
An adult facility shall not be permitted to be located within 1,000 feet of any public or private school, day-care facility, public recreation facility, or any house of worship.
C.
No materials, merchandise, film, or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
D.
Any building or structure used and occupied as an adult facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale materials, merchandise, film or offered items of service or entertainment shall be visible from outside the structure.
E.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
F.
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult facility; that persons under the age of 18 are not permitted to enter; and warning all others that they may be offended upon entry.
G.
Parking shall be established at the minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space of each employee.
§ 470-62 Animal husbandry.
A.
All areas used for pasturing, grazing or exercise shall be securely fenced.
B.
All animals, poultry and livestock shall, except while pasturing, grazing and exercising, be housed in a building erected or maintained for that purpose.
C.
The building required by Subsection B hereof shall not be erected or maintained within 100 feet of any lot line, and no exercise yard or pasture shall be erected or maintained within 25 feet of any lot line.
D.
No ponds or pools of water, mud ponds or wallows shall be permitted on any land nor shall any natural stream or body of water be allowed to become an animal wallow.
§ 470-63 Child-care home.
In any residential district and subject to the requirements of the district in which located except as herein modified and provided:
A.
The use shall meet all requirements for certification by the State of Pennsylvania where required. Proof of such certification and any recertification shall be provided to the Borough.
B.
Outdoor play areas shall be sufficiently enclosed so as to protect the neighborhood from inappropriate noise and to provide for the health and safety of the children as determined by the Zoning Hearing Board.
C.
At least one off-street parking space for each person employed, plus one off-street space for each four children to be served by the facility, shall be provided. A minimum of 500 square feet of off-street parking shall be provided.
§ 470-64 Convenience store.
In a C Commercial District and subject to the requirements of the district in which located except as herein modified and provided:
A.
Minimum lot area: 20,000 square feet.
B.
Minimum lot width: 200 feet.
C.
Maximum lot coverage: 70%.
D.
One parking space for every 300 square feet of retail store.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Access drives must be located as follows:
F.
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
G.
Building area should be set back at least 50 feet from each property line.
§ 470-65 Domiciliary care unit.
A.
Not more than two unrelated persons 18 or more years of age shall reside with the primary family.
B.
The dwelling unit and primary family shall be authorized for and certified to offer domiciliary care by the appropriate governmental or social agency.
C.
Not more than two persons shall occupy any room provided as sleeping quarters.
D.
No kitchen or dining facilities shall be maintained for the unrelated persons separate and apart from the facilities of the primary family.
§ 470-66 Drive-in establishments.
Drive-in establishments shall be subject to the requirements of the C Commercial District, except as herein modified and provided:
A.
Ingress and egress standards shall meet the requirements and provisions of this chapter, along with the following provisions:
(1)
The minimum distance of any driveway to property lines shall be 10 feet.
(2)
The minimum distance between driveways on the site shall be 65 feet measured from the two closest driveway curbs.
(3)
The minimum distance of a driveway into the site from a street intersection shall be 30 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
(4)
The angle of driveway intersection with the street shall be based upon safe traffic movements and shall be approved by the Borough Engineer.
(5)
Drive-in establishments adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
B.
Parking space requirements shall meet the criteria in this chapter, along with the following provisions: one space for each full-time employee, plus one space per 100 square feet of gross floor area, plus a minimum of five additional spaces.
C.
The entire parking area shall be paved with a permanent surface of concrete or asphaltic cement. All grading and drainage improvements shall meet the stormwater management requirements in Chapter 415, Subdivision and Land Development, of the Code of the Borough of West York. Any unpaved area of the site shall be landscaped with lawn or other horticultural materials, maintained in a neat and orderly fashion at all times and separated from the paved parking or driveway area by a raised curb or other equivalent barrier.
D.
All drive-in establishment buildings and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area, and shall not be in conflict with the character of existing structures in areas where a definite pattern or style has been established.
E.
All drive-in establishments shall provide suitable storage of trash areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way, and to permit safe, easy removal of trash by truck or hand.
F.
Exterior lighting proposed for use on the site shall be planned, erected, and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than 20 feet and shall not be visible from adjacent properties or public rights-of-way.
§ 470-67 Expansion of nonconformity.
In any district and subject to the requirements of the district in which located except as herein modified and provided:
A.
Expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.
B.
The total of all such expansions or alterations of use shall not exceed an additional 35% of the area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities.
C.
Provision for access drives, off-street parking and off-street loading shall be consistent with standards required by this chapter.
D.
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
E.
Appearance should be harmonious with surrounding properties. This feature includes, but is not limited to: landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance in good conditions of all improvements and open spaces.
F.
Landscaping and bufferyards in accordance with this chapter shall be provided as necessary to adequately protect neighboring properties.
G.
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
§ 470-68 Group quarters.
A.
Group quarters shall be affiliated with, administered and maintained by a governmental, religious, educational, charitable or philanthropic institution and may include, but are not limited to, fraternity and sorority houses, dormitories, group homes, or similar living quarters of an institutional nature.
B.
Group quarters shall have a minimum of 350 square feet of habitable floor area provided for each occupant.
C.
A common kitchen and dining facility shall be provided and no cooking or dining facilities shall be located in individual rooms or suites. This provision is not intended to require any kitchen and dining facilities if the affiliated institution provides them elsewhere.
D.
All group quarters 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.
E.
Off-street parking shall be provided for all group quarters based upon one parking space for each occupant.
§ 470-69 Group homes.
A.
All of the provisions of this chapter relating to group quarters shall apply to group homes.
B.
The institution with which a group home is affiliated shall provide administrative and professional direction for the occupants by a resident staff member.
C.
A group home shall be registered and licensed by either the federal government or the Commonwealth of Pennsylvania, and shall be in compliance with all applicable rules and regulations of the licensing body.
D.
A group home shall not be located within 2,000 feet of any other group home.
E.
The use and occupancy relationship within a group home shall be the functional equivalent of a biologically related family.
§ 470-70 Home occupations.
A.
Home occupations may be authorized in a dwelling unit or accessory structure by special exception from the Zoning Hearing Board.
B.
Home occupations shall be limited to professional and nonprofessional uses as defined in this chapter. The Zoning Hearing Board shall determine whether a home occupation meets the requirements listed in this chapter. Any type of servicing or repair of vehicles or small engines shall not be permitted as home occupations.
C.
No person other than a resident of the dwelling unit may practice the home occupation or be employed by the person practicing the home occupation.
D.
The character or external appearance of the dwelling unit or accessory structure must be that of a dwelling unit or accessory structure. No display of products may be shown so as to be visible from outside the dwelling.
E.
A name plate not larger than two square feet in area is permitted. It may be illuminated by indirect lighting only.
G.
The allowable area used for a home occupation shall not exceed 25% of the total floor space of all floors, and in no case shall exceed 50% of the floor area of one floor.
§ 470-71 Hospital, skilled health care facility.
In any residential district and subject to the requirements of the district in which located except as herein modified and provided:
§ 470-72 Hotels, motels and areas.
A.
Consideration shall be given to traffic problems. If the nature of the facilities or area is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated in the Borough's Comprehensive Plan.
B.
Off-street parking and loading spaces for all facilities shall be provided in accordance with the requirements of this chapter.
§ 470-73 House of worship.
In any residential district and subject to the requirements of the district in which located except as herein modified and provided:
§ 470-74 Kennel.
A.
All areas used for exercise shall be securely fenced.
B.
All animals and fowl, except while exercising, shall be housed in a building erected and maintained for that purpose.
C.
The building required by Subsection B hereof and any exercise yard shall not be erected or maintained within 25 feet of any lot line.
D.
The accumulation and storage of feces, urine or other odor-producing substance shall not be permitted.
E.
The accumulation and storage of manure or other odor-producing substances shall not be permitted within 100 feet of any lot line, and such accumulations and storage shall not be permitted beyond a reasonable period of time.
F.
This section shall not be deemed to authorize the use of land or buildings for a commercial stockyard or commercial feed lot.
§ 470-75 Medical clinics and facilities.
In any residential district and subject to the requirements of that district except as herein modified and provided:
A.
Lot area: one acre minimum.
B.
Lot width: 200 feet minimum.
C.
Setback: all buildings shall be located at least 50 feet from all property or street lines.
D.
Access shall be via an arterial or collector street as designated by the Borough Comprehensive Plan.
E.
Public sewer and public water approved by the Pennsylvania Department of Environmental Protection must be utilized.
F.
Appearance shall be harmonious with adjoining properties. This feature includes, but is not limited to: landscaping, height control, sign control, building coverage, and architectural controls.
G.
Landscaping and buffer yards in accordance with this chapter shall be provided.
H.
Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic may be permitted as part of the clinic facility, subject to the following specific conditions:
(1)
All entrances to parts of the building in which these accessory services are provided shall be from within the building ,and any direct access from the street is prohibited.
(2)
The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
(3)
Signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited, except that there may be erected one sign not exceeding two square feet in area attached to the building, any illumination thereof being white, nonflashing and limited to an enclosed lamp design.
§ 470-76 Multifamily or two-family conversion; rooming house.
§ 470-77 Public buildings.
In any residential district and subject to the requirements of the district in which located except as herein modified and provided:
A.
Consideration shall be given to traffic problems. If the nature of the public building is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated by the Borough Comprehensive Plan.
B.
Side setback: minimum side setbacks of 15 feet (each) must be provided.
§ 470-78 Public utility buildings.
In any commercial or industrial district and subject to the requirements of those districts in which located except as herein modified and provided:
A.
In a C Commercial District, the permitted building shall not include the storage of vehicles or equipment used in the maintenance of any utility and no equipment causing unreasonable noise, vibration, smoke, odor, or hazardous effect shall be installed.
B.
Unhoused equipment shall be enclosed with a fence or wall not less than six feet in height which shall be so constructed as not to have openings, holes or gaps larger than six inches in any dimension.
C.
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the zone in which the building is located.
§ 470-79 Replacement of nonconformity by another nonconformity.
Before granting a special exception for the replacement of one nonconformity by another, the Zoning Hearing Board must determine that the proposed nonconformity will have no more adverse effect upon adjacent property than the existing nonconformity. In making this determination, the Zoning Hearing Board should consider particularly the effect upon adjacent property of the following:
§ 470-80 Service station.
In a C Commercial District and subject to the requirements of that district except as herein modified and provided:
A.
Buildings must be set back at least 40 feet from the street line.
B.
Pumps must be set back at least 15 feet from the street line.
D.
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
E.
All lights must be diverted toward the gas stations or downward.
F.
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area must be enclosed by a wall or fence, screened from view of adjoining properties.
G.
At least 10% of the lot on which the gasoline station is situated must be devoted to natural landscaping.
§ 470-81 Townhouses; apartments.
In an R-2 District and subject to the requirements of that district except as herein modified and provided:
A.
Lot area: 10,000 square feet minimum.
B.
Lot width: 75 feet minimum.
C.
Side setbacks: 15 feet (each) minimum.
D.
Height modification. Buildings greater than 35 feet in height are permitted only if each of the setback requirements is increased by one foot for each foot by which the height of the building exceeds 35 feet.
E.
Paved area: 30% maximum.
F.
Density requirement. The maximum number of dwelling units per gross acre of land permitted for this use is 18.
G.
Design standards. All of the applicable general provisions listed in Article I of this chapter shall be enforced. This includes, but is not limited to, all provisions listed as applying to apartments and multifamily buildings and structures regardless of the district referred to in a particular section.
H.
Consideration shall be given to traffic problems. If the nature of the multifamily development is such that it will generate a high volume of vehicular traffic, then access should be via an arterial or collector street as designated by the Borough Comprehensive Plan.
I.
In the case of row dwellings or townhouse development, each individual dwelling shall have a minimum width of 16 feet, and there shall be not more than eight row dwellings in any one row.