The purpose of this article is to provide conditions
and standards for conditional uses. In these cases, Borough Council
may attach reasonable conditions and safeguards, in addition to those
expressed in this article, as it may deem necessary to implement the
purposes of this chapter and those of the Municipalities Planning
Code, Act 247, as amended.
In any instance where Borough Council is required
to consider a request for a conditional use permit, Council shall
consider the provisions of this article.
A. In any instance where Council is required to consider
a request for a conditional use, Council shall consider the following
factors where appropriate:
(1)
That the proposed use is appropriate for the
site in question in terms of size, topography, natural features, drainage,
sewage disposal, water supply, accessibility and availability of public
services and that adequate provisions will be made to protect sensitive
environmental features such as streams, wetlands, slopes, and mature
trees.
(2)
That the proposed use is compatible with the
character of the surrounding neighborhood and will not interfere with
or detract from legitimate uses and adjacent properties, and that
adequate measures will be provided through building design, site layout,
landscaping, planting, and operational controls to minimize any adverse
impacts caused by noise, lights, glare, odors, smoke, fumes, traffic,
parking, loading, and signage.
(3)
That the proposed conditional use will serve
the best interest of the Borough, convenience of the community, and
the public health, safety, and welfare.
(4)
That the proposed use is consistent with the
most recently adopted Marcus Hook Comprehensive Plan.
(5)
That the proposed use promotes orderly development,
proper population density, and the provision of adequate community
facilities and services, including police and fire protection.
(6)
That the proposed use is suitable in terms of
its effect on highway safety and traffic circulation, and that access,
on-site circulation, and parking are adequate in view of anticipated
traffic.
(7)
That the proposed use will provide for adequate off-street parking, as required in Article
XV.
B. In cases where conditional uses are not accompanied by specific standards listed below in this article, the regulations in §
196-130 below shall apply.
C. Financial hardship shall not be construed as a basis
for granting conditional uses.
D. In granting any request for a conditional use, Council
may attach reasonable conditions and safeguards in addition to those
expressed in this article as it may deem necessary to implement the
purposes of the 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 use contained in
appropriate sections of this article.
In cases where this article does not provide
specific standards for conditional uses, the following dimensional
requirements will be applied by Borough Council:
A. In residential districts, the area, bulk, and any
other applicable requirements shall be no less stringent than those
for single-family dwellings in the district where the use is proposed.
B. In nonresidential districts, the area, bulk, and any
other applicable requirements shall be no less stringent than those
for the use which requires the greatest dimensions in the applicable
nonresidential district.
C. Borough Council may require reasonable requirements in addition to those in Subsection
A or
B above, provided that Council makes one or more of the following determinations:
(1)
That the requirements of Subsections
A and
B above are clearly:
(a)
Insufficient to accommodate the proposed building,
facility, or use.
(b)
Insufficient to provide adequate area for parking and loading, as required by Article
XV.
(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.
An applicant for a conditional use permit shall
have the burden of establishing both:
A. That his application falls within the provisions of
this chapter, which affords to the applicant the right to seek a conditional
use permit; and
B. That the allowance of a conditional use permit will
not be contrary to the public interest.
In determining whether the allowance of a conditional
use permit is contrary to the public interest, Council shall consider
whether the application, if granted, will:
A. Adversely affect the public health, safety, and welfare
due to changes in traffic conditions, drainage, air quality, noise
levels, neighborhood property values, natural features, and neighborhood
aesthetic characteristics.
B. Be in accordance with the most recently adopted Marcus
Hook Comprehensive Plan.
C. Provide required parking in accordance with Article
XV.
D. Adversely affect the logical, efficient, and economical
extension or provision of public services and facilities such as public
water, sewers, refuse collection, police, fire protection, and public
schools.
E. Otherwise adversely affect the public health, safety,
or welfare.
Unless otherwise specified by Council, a conditional
use permit shall expire if the applicant fails to obtain a building
permit within six months from the date of authorization thereof, unless
the applicant can show that there were permitting delays beyond his
control.
In the R-1 and R-2 Residential Districts, a
community center or other municipal use shall be permitted only as
a conditional use, subject to the requirements listed below:
A. The lot area shall be not less than 15,000 square
feet in the R-1 District and 10,000 square feet in the R-2 District.
B. There shall be a planted visual screen along the side
and rear lot lines where they form the boundary with a lot containing
a residential structure or residential district.
In the R-1 and R-2 Residential Districts, religious
buildings and uses shall be permitted only as a conditional use, subject
to the dimensional requirements listed below:
A. Minimum lot area: 10,890 square feet (1/4 acre).
B. Building coverage: 70%, maximum.
In the R-1 Residential District and the Downtown
Mixed Use District, independent living facilities shall be permitted
only as a conditional use, subject to the dimensional requirements
listed below:
A. Minimum lot area: two acres.
B. Maximum height: three stories or 35 feet.
C. Building coverage: 60%, maximum.
In the Central Retail District, Planned Business
Park District, Recreational Business Campus District, and the Downtown
Mixed Use District, child day-care centers shall be permitted only
as a conditional use, subject to the following requirements:
A. Day-care centers shall be permitted as part of a church,
school, or other similar institution or as an independent use.
B. 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.
C. Outdoor play activities shall be limited to the hours
between 8:00 a.m. and 7:00 p.m.
D. Parking shall be in accordance with Article
XV.
E. Signs shall be in accordance with Article
XVI.
F. Each facility shall provide for the discharge and
pickup of children on a driveway, approved parking area, or directly
in front of the facility. Whenever possible, the dropoff area shall
be located immediately adjacent to the facility. The area selected
for discharge and pickup must be free from traffic hazards to children.
G. 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.
H. A planted visual screen shall be provided to protect the day-care center from an adjacent use or to protect a less intense adjacent use from the activity of the day-care center. Planted visual screens, where required, shall comply in accordance with Article
II. Opaque fences or walls may be used in place of planted screens.
I. When located in a mixed use building, day-care center
entrances and exits shall provide direct access to the child care
center so that walking through other significant portions of the building
is avoided.
J. When streets of different classifications are involved,
access shall be provided to the street of lesser functional classification,
if possible.
K. Each operator of a newly established day-care center
shall notify the Borough in writing at least 30 days prior to the
initiation of a day-care center for the purpose of allowing the Borough
to establish a record of such use.
L. All facilities shall comply with the requirements
of the district in which they are located.
M. The operator of any day-care center will allow the
Zoning Officer 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 or regulations.
N. A permit shall be obtained from the Zoning Officer.
O. All facilities must be licensed by the Pennsylvania
DPW and any other appropriate agencies.
In the Heavy Industrial District and Industrial
Transition District, gasoline service stations shall be permitted
only as a conditional use, subject to the following requirements:
A. All pumps and principal buildings shall be located
not less than 30 feet from all property lines.
B. All pumps shall be located outside of buildings.
C. All fuel containers in excess of 100 gallons shall
be located underground.
D. No service station shall be located within 200 feet
of a school, church, day-care center, 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-noted uses.
E. Hydraulic hoists, pits, and all lubrication, greasing,
washing, and repair equipment shall be entirely enclosed within a
building.
F. Exterior lighting shall be shielded so that it is
deflected from adjacent or nearby properties and from motorists on
public streets.
G. Gasoline service stations shall also comply with all
applicable state and federal laws and regulations.
Conversions of single-family detached dwellings
and single-family semidetached dwellings to two-unit dwellings shall
be permitted only as a conditional use in the R-3 Residential District,
subject to the following requirements:
A. In order to be eligible for conversion from one to
two units, a dwelling shall have a floor area of not less than 1,500
square feet, excluding basement space.
B. Two off-street parking spaces shall be required for
each unit created by the conversion. Such parking spaces shall be
paved and have direct access to a street or alley. The stacking of
parking spaces (where it is necessary to move a given vehicle before
another vehicle can enter or exit) is prohibited.
C. No external alterations inconsistent with the residential
use and architectural character of the neighborhood shall be permitted.
D. Each unit shall be a complete, separate housekeeping
unit that is independent of any other unit.
E. The maximum number of units created shall be two.
F. Conversions on lots where there is currently no sidewalk
shall install a sidewalk along the frontage of the property.
G. Prior to conversion, the applicant shall obtain a
permit from the Zoning Officer.
H. All utility connections shall meet utility company
standards.
I. Applications for conversions shall contain the following
items:
(1)
Floor plan showing the layout, including all
dimensions of each unit.
(2)
Site development plan showing and locating the
dwelling and other existing buildings; all property lines; any proposed
additions; building setback lines; location, size, and extent of all
underground utilities; length, width, and function of all rights-of-way
and easements; required parking spaces; and the one-hundred-year floodplain.
(3)
All plans shall be drawn to a scale of not less
than one inch equals four feet for the floor plans and one inch equals
20 feet for the site development plans.
In the Planned Business Park District and the
Recreational Business Campus District, laboratories shall be permitted
only as a conditional use, subject to the following requirements:
A. All laboratory operations, including storage, shall
be carried out in an enclosed building.
B. There shall be a distance of 50 feet between a laboratory
and any other principal building.
C. The distance between the principal building and a
parking area shall be not less than 25 feet.
D. The front yard shall be not less than 40 feet.
E. No products or goods shall be publicly displayed on
the exterior of the premises.
F. The facility shall strictly comply with the performance standards in Article
XX.
In the Transit-Oriented Development District,
individual office buildings shall be permitted only as a conditional
use, subject to the following requirements:
A. There shall be a distance of not less than 50 feet
between an office building and any other principal building.
B. Office buildings shall be linked to other buildings
and the train station by pedestrian and bicycle paths in the development.
In the Planned Business Park District and the
Recreational Business Campus District, a parking garage shall be permitted
only as a conditional use, subject to the following requirements:
A. A parking garage may be the principal use on the lot.
B. The height of the parking garage shall not exceed
50 feet.
In the Transit-Oriented Development District,
hotels developed as individual buildings shall be permitted only as
a conditional use. Hotels that are part of a unified development plan
shall be permitted by right. In both cases, hotels shall comply with
the following requirements:
A. The applicable dimensional standards for mixed use buildings and multifamily buildings per §
196-71A, the development standards in §
196-72, as well as any other applicable provisions of Article
XII shall apply to hotels.
A. Except for antennas attached to existing buildings
or structures, antennas and antenna support structures shall be permitted
only as a conditional use in the Heavy Industrial District.
B. An antenna that is mounted on an existing structure
shall be permitted by right only in the Heavy Industrial District.
C. The following regulations shall control both facilities
applicable:
(1)
An antenna that is attached to an existing support
structure shall not exceed the height of the support structure by
more than 10 feet.
(2)
An antenna that is not attached to an existing
support structure but to its own support structure shall have a tower
height not in excess of that required in the district in which it
is located.
(3)
Setbacks from the base of any new antenna support
structure to any property line, street line, or zoning district boundary
shall not be less than 100 feet.
(4)
The applicant shall demonstrate that the proposed
antenna and antenna support structure are designed and constructed
in accordance with all applicable national building standards for
such facilities and structures, including, but not limited to, the
standards developed by the Electronics Industry Association, Institute
of Electrical and Electronics Engineers, Telecommunications Industry
Association, American National Standards Institute, and the Electrical
Industry Association.
(5)
The applicant shall demonstrate that the proposed
antenna and antenna support structure are safe and that the surrounding
properties will not be negatively affected by support structure failure,
falling ice or other debris, electromagnetic fields, or radio frequency
interference. All support structures shall be fitted with anticlimbing
devices, as approved by the manufacturers.
(6)
In order to reduce the number of antenna support
structures needed in the Borough in the future, the proposed antenna
support structure shall be required to accommodate, where possible,
other users, including other cellular communications providers and
local police, fire, and ambulance services.
(7)
The applicant must demonstrate that it is licensed
by the Federal Communications Commission to provide wireless communications,
cellular communications, and/or personal communications services.
(8)
A security fence eight feet in height shall
be required around the cell site unless the antenna is mounted on
an existing structure.
(9)
The cell site shall be fully automated and not
require any maintenance workers to be present on a full-time basis.
(10)
Not less than two parking spaces shall be provided.
(11)
The cell site shall be kept in good repair as
required by Federal Law H.R. 6180/s. 2882, the Telecommunications
Authorization Act of 1992, as amended, and all Borough ordinances
not inconsistent therewith.
(12)
Prior to the construction or installation of
an antenna on an existing structure or the construction or placement
of an antenna support structure, the applicant shall obtain a permit
from the Borough Zoning Officer.
(13)
When the antenna and antenna support structure have ceased to function and have been abandoned, such structures shall be removed from the site within 60 days after official abandonment. Also see the definition of "abandonment" in Article
II, Definitions, and §
196-150 relating to abandonment of nonconforming uses.