Borough of Lansdowne, PA Article V Special Exception Uses

§ 330-21 Applications.

The following uses are permitted as special exception uses in those districts listed in Article IV, Districts. They shall meet all the conditions listed.

A. Application.

(1) Every application for a special exception use shall be made on a form prepared by the Borough. Included with the application shall be a fee, which shall be determined by Borough Council from time to time by resolution.

(2) The application shall include the request for approval of special exception use and sufficient information to document compliance with the applicable standards of this chapter and the Lansdowne Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: Subdivision and land development in the Borough is regulated by the Delaware County Subdivision and Land Development Ordinance.

(3) The Borough Secretary shall submit one copy of the application to the Lansdowne Zoning Hearing Board.

B. Public hearing. Before making any decisions, the Zoning Hearing Board shall conduct properly advertised public hearings.

§ 330-22 Special exception uses enumerated.

A. School, elementary or secondary (public or private).

(1) A minimum lot area of 20,000 square feet is required.

(2) No structure shall be within 25 feet of any residential property line.

(3) The applicant shall demonstrate that the scale, location and intended use of existing and proposed buildings, the location of recreation areas, the relationship of the proposed use to existing streets and adjacent properties, and physical features do not present a deterrent to the protection of the health and safety of the pupils.

(a) The applications shall indicate the grade levels of the pupils to be housed, the planned pupil capacity, and the contemplated eventual enrollment of the school.

(b) Illumination for nighttime activities shall be shielded from illuminating adjoining streets and residential areas to prevent glare on adjacent properties.

(c) The Borough may require a traffic study (at the applicant's expense) to determine the effect the proposed school will have on pedestrian, bicycle, and automobile traffic in the area.

(d) The Borough may attach other conditions as may be necessary to protect the livability of the surrounding neighborhood.

B. Child-care facility.

(1) General provisions. The following general provisions apply to each of the three defined types of child day-care facilities. In addition, each type of child day-care facility shall comply with the specific individual regulations for each type of facility:

(a) Categories included.

[1] The provisions of this section pertain to day-care service for children by caregivers in:

[a] Family day-care homes.

[b] Group day-care homes.

[c] Day-care centers.

[2] Subject to Article II, Sections 8A, 8B, and 8C of Department of Public Welfare (DPW) Social Services Manual Regulations, day-care service for children shall include out-of-home child day-care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day-care service for children shall not include babysitting or day care furnished in places of worship during religious services.

(b) Registration and licensing. Family day-care homes, as defined in Article II, Definitions, must hold an approved and currently valid DPW registration certificate. Group day-care homes and day-care centers, as defined in Article II, Definitions, must hold an approved and currently valid DPW license. In addition, all child day-care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and firesafety codes.

(c) Municipal notification. Each operator of a newly established child day-care facility shall notify the Borough in writing at least 15 days prior to the initiation of such use, for the purpose of allowing the Borough to establish a record of new land use. Already existing licensed or registered facilities shall be required to notify the Borough of its operation in writing at least 60 days after enactment of this section. In addition, the operator of any facility must certify compliance with all aspects of this section and all other applicable municipal requirements.

[1] Family day-care homes must provide proof of an approved DPW registration certificate at the time of initial notification to the Borough, and must show proof of the registration renewal every two years. At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Borough in writing at least 15 days prior to the expansion of the use, and provide proof that all requirements for licensure by DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day-care homes established in Subsection C(3) herein.

[2] Group day-care homes and day-care centers must provide proof of an approved and currently valid DPW license at the time of initial notification to the Borough, and must provide proof of annual license renewal.

(d) Inspection. The operator of a family day-care home, group day-care home or day-care center will allow appropriate representatives of the Borough to enter the property at reasonable times to inspect such use for compliance with the requirements of this subsection and all other applicable municipal and state ordinances.

(e) General safety. No portion of a child-care facility shall be located within a three-hundred-foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.

(f) Hours of outside play. Outside play shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service.

(g) Outdoor play area. An outdoor play area, as required by DPW regulations, shall be provided for any proposed child day-care facility.

[1] On-site outdoor play area. An on-site outdoor structured play area or areas of high outdoor activity shall be located in yard areas which provide adequate separation, safety and protection from adjoining uses, properties and roadways. Whenever possible, the on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child-care facility.

[2] Off-site outdoor play area. In accordance with DPW standards, a child day-care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a distance of 1/2 mile of the facility, measured from the property line of the facility. When the use of an off-site play area is proposed, the applicant shall inform the municipality about the means of transportation that will be used to access the off-site play area. For reasons of safety, when children will be walked to an off-site play area, the route to the off-site play area shall not involve the crossing of avenues or state roads (as defined by Lansdowne Borough's Subdivision and Land Development Ordinance[1]). Pedestrian access on sidewalks or improved walkways shall be required.

[1] Editor's Note: Subdivision and land development in the Borough is regulated by the Delaware County Subdivision and Land Development Ordinance.

(h) Altering exterior of residential structures. Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable municipal regulations relating to building and/or zoning permits.

(i) Traffic impact study. Any proposed child day-care facility which will generate 100 or more new trips during the morning or evening peak hour shall be required to conduct a traffic impact study.

[1] Objective. The purpose of the traffic impact study is to provide the Planning Commission and Borough Council with adequate information and data to properly assess:

[a] The impact of the proposed facility on the surrounding road and street network, as well as on streets and roads providing immediate access to the proposed development.

[2] The need for capital improvements to the existing transportation network which will be needed to accommodate the additional traffic generated by the proposed facility.

[3] Traffic and/or pedestrian safety issues which may arise from the proposed facility.

C. Family day-care homes. Any proposed family day-care home shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in Subsection B above.

(1) Development standards. The following standards shall apply to all proposed family day-care homes:

(a) Drop-off area. One on-site drop-off space for clients shall be provided. An existing driveway or common parking lot space may be used as the drop-off area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the drop-off area and the proposed use fronts an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, an on-site drop-off space shall be provided. The drop-off area shall conform to the municipal dimensional standards for residential parking spaces.

[1] In cases where the drop-off area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.

[2] The required drop-off area may be waived by the municipality if the applicant can demonstrate that the clients of the family day-care home will walk to the facility, thereby eliminating the need for the additional parking space.

(b) Fencing. If there are unsafe areas, such as open drainage ditches, wells, holes, heavy street traffic, etc., in or near to an outdoor play area, there shall be fencing to restrict children from these areas. Natural or physical barriers, such as hedge rows, walls or dense vegetation may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.

(2) The following standards shall apply to family day-care homes:

(a) The applicant shall demonstrate that the children in the family day-care home can safely, quickly and easily vacate the premises in case of emergency.

(b) The hours of operation shall be limited to the hours between 6:30 a.m. and 8:00 p.m.

(c) The applicant shall demonstrate that the current lease or homeowners' covenants for the apartment contains no clause which prohibits the proposed use.

(d) The applicant shall provide the name and address of adjacent apartment dwellers to allow the municipality to notify such individuals of the proposed use. Adjacent apartments shall be considered all apartments located within 10 feet from any wall, floor or ceiling of the proposed use.

(3) Group day-care homes. Any proposed group day-care home shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in Subsection B above:

(a) Minimum distance between facilities.

[1] In order to avoid a concentration of individual group day-care homes in residential neighborhoods, group day-care homes shall be located a minimum of 300 feet from each other as measured from the respective property lines. This dispersion requirement shall not apply in cases where a proposed group day-care home is located within 300 feet of a school facility or church which provides child-care services.

[2] The above requirement may be waived if the applicant provides a petition signed by 2/3 of the residents within 300 feet of the proposed facility, stating that the residents do not object to the proposed use.

(b) Drop-off area.

[1] A drop-off area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway or common parking lot spaces may be used as the drop-off area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate two parked vehicles. If a driveway is used for the drop-off area and the proposed use fronts an avenue or state road as defined in Lansdowne Borough's Subdivision and Land Development Ordinance,[2] an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, two new on-site drop-off spaces shall be provided. The drop-off area shall conform to the municipal dimensional standards for residential parking spaces.

[2] Editor's Note: Subdivision and land development in the Borough is regulated by the Delaware County Subdivision and Land Development Ordinance.

[2] In cases where the on-site drop-off area cannot be accommodated, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.

(c) Fencing of outdoor play area. In order to physically contain the activity of children in the outdoor play area, a minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines. Fencing may be substituted by natural barriers such as hedge rows, walls, dense vegetation, etc., if it can be demonstrated that such barriers can effectively contain the activity of the children.

(4) Day-care centers. Any proposed day-care center shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in Subsection B above.

(a) Minimum distance between facilities.

[1] In order to avoid a concentration of individual day-care centers in residential neighborhoods, day-care centers shall be located a minimum of 300 feet from each other as measured from the respective property lines. This dispersion requirement shall not apply in cases where a proposed day-care center is located within 300 feet of a school facility or church which provides child-care services.

[2] The above requirement may be waived if the applicant provides a petition signed by 2/3 of the residents within 300 feet of the proposed facility, stating that the residents do not object to the proposed use.

(b) Drop-off area.

[1] Number of drop-off spaces. A minimum of one safe drop-off space shall be provided for each 20 children that the facility is licensed to accommodate.

[2] Drop-off area location and design.

[a] Whenever possible, the drop-off area shall be located immediately adjacent to the facility. The drop-off area should 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 a part of driveway providing direct access to the facility.

[b] When the drop-off area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as drop-off spaces. When the drop-off area is incorporated into a driveway, the drop-off spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s).

(c) Miscellaneous.

[1] Fencing of outdoor play area. In order to physically contain the activity of children in the outside play area, a minimum four-foot-high fence shall be erected along the perimeter of the outside play area. When applicable, the fence may be located along property lines. Natural barriers such as hedge rows, dense vegetation, etc., may be substituted for fencing if it can be demonstrated that such barriers can effectively contain the activity of the children.

[2] Play equipment setback. Play equipment in designated on-site play areas shall be located at least 10 feet from an abutting property line.

[3] The proposed day-care center shall not be detrimental to the use, development, peaceful enjoyment and economic value of the surrounding properties or the neighborhood.

[4] The proposed day-care center shall be compatible with the existing character of the neighborhood.

D. Professional offices.

(1) There shall be no exterior alteration which is inconsistent with the residential character of the dwelling and other nearby residential structures.

(2) The office shall be located on Baltimore, Lansdowne, or Plumstead Avenues.

(3) Not more than 33% of the gross floor area of the structure shall be devoted to office and associated uses. The balance of the gross floor area shall be devoted to residential use, not necessarily that of the practitioner, as provided for in the district regulations.

(4) Not more than five persons shall be employed at the office, whether in a professional or nonprofessional status and regardless of the degree of ownership of the nonresidential individuals in the professional office.

(5) All off-street parking as required by Article VIII shall be provided in a yard other than the front yard. This shall include that required for the residential and office use.

E. Public utility and transportation uses.

(1) A minimum lot area of 20,000 square feet is required.

(2) No structure shall be within 25 feet of any residential property line.

(3) All public utility and transportation facilities shall meet the performance standards in § 330-31.

F. Group living arrangements.

(1) A minimum lot area of 20,000 square feet is required.

(2) No facility shall be within 500 feet of an existing facility.

(3) No structure shall be within 25 feet of any residential property line.

(4) The use must be licensed by the Commonwealth of Pennsylvania.

G. Private club or lodge. Private clubs or lodges shall be permitted by special exception in accordance with the following requirements:

(1) Private clubs shall be operated for civic, cultural, educational, social or recreational purposes.

(2) The activity shall be noncommercial, nonprofit and clearly one not customarily carried on as a business.

(3) Each building or facility shall be for members or their guests only.

(4) No club shall provide for eating or dining except on an incidental basis for members and their guests.

H. Bowling alleys. Bowling alleys shall be permitted by special exception in accordance with the following requirements:

(1) Mechanical, electronic or computer-directed games shall be limited to two per establishment.

(2) All facilities shall be supervised by an employee located on the premises during all hours in which the establishment is open.

I. Adult entertainment uses.

(1) Intent.

(a) The Borough of Lansdowne has determined that adult entertainment uses frequently have secondary effects which can have a negative impact upon 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 and prostitution.

(b) The Borough of Lansdowne considers that limiting the location of adult entertainment uses is a 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.

(2) Development regulations. All adult entertainment uses shall meet the following conditions:

(a) Adult entertainment uses shall not be located in any zoning district, except for the General Business District, where they are permitted by special exception.

(b) No adult entertainment use shall be located within 200 feet of a place of worship, school, child day-care facility, park, or playground.

(c) No adult entertainment use shall be located within 200 feet of another adult entertainment use.

(d) For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure containing an adult entertainment use to the nearest property line of the premises of a place of worship, school, child day-care facility, or to the nearest boundary of a park or playground.

(e) Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building.

(f) No exterior display of products, activities or shows shall be permitted, except for a sign. In addition to the sign requirements contained in Article VII of this chapter, a sign for an adult entertainment use shall meet the following requirements:

[1] The sign shall only identify the name of the establishment and/or its hours of operation.

[2] The area of the sign shall not exceed 40 square feet.

(g) If any portion of a use meets the definition of "adult entertainment use," except for limited sale of adult materials as listed under the "adult bookstore" definition, then that portion must comply with the requirements of this subsection.

J. Building size.

(1) In the Neighborhood Residential District or Traditional Neighborhood District, a new building, or an existing building with a new addition, may be up to 100% larger than other buildings on the block as a special exception use if the applicant can demonstrate to the satisfaction of the Zoning Hearing Board that building a larger structure will be compatible with the existing buildings on the block regarding:

(a) Form, either horizontal or vertical.

(b) Base, body, and cap.

(c) Scale.

(d) Texture and pattern of exterior materials.

(e) Proportion of walls to openings.

(2) This can usually best be accomplished by building additions to the rear, away from the street.

K. Place of worship.

(1) To be used as a place of worship, an existing building must be at least 2,400 square feet on the ground floor and must meet the parking requirements in Article VIII, Parking.

(2) New place of worship buildings must meet the following requirements:

(a) Minimum lot area of 20,000 square feet is required.

(b) No structure shall be within 25 feet of any residential property line.

L. Dwelling, apartments (in buildings with a minimum 2,400 square feet on the first floor).

(1) Apartments may be approved as part of a project that will enhance the appearance and character of Lansdowne's traditional neighborhoods by closely following the Conservation District guidelines.

(2) The Borough shall require a traffic study (at the applicant's expense) to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic in the neighborhood.

M. Dwelling, single-family attached.

(1) Single-family attached dwellings shall be permitted in neighborhoods where other single-family attached dwellings existed on the same block, or within 250 feet, and within the same zoning district, at the time this chapter was adopted. No more than six single-family attached dwellings may be constructed on one block.

(2) Single-family attached dwellings shall be a minimum of 18 feet wide. Dwellings shall closely follow Conservation District Overlay guidelines.

N. Dwelling, two-family detached.

(1) Two-family detached dwellings shall be permitted in neighborhoods where other two-family detached dwellings, that were originally designed and constructed as two-family detached dwellings, existed on the same block, or within 250 feet, and within the same zoning district, at the time this chapter was adopted.

(2) The conversion of single-family dwellings to create two- or multifamily dwelling units is prohibited.

(3) Dwellings shall closely follow Neighborhood Conservation District Overlay development standards and design guidelines.

O. Parking garages. Parking garages shall be designed, to the greatest extent possible, to appear as if they are inhabited by humans, not cars. Like other buildings, their facades shall be compatible with traditional Lansdowne architecture. The first-floor facade facing any street, not including alleys, shall be used for retail or commercial uses. If in the judgment of Borough Council this is not feasible, retail show windows to give the appearance of a traditional downtown shall be placed in the facade.