Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
The purpose of this article is to provide standards and procedures for conditional uses. In these cases, the Board of Commissioners may attach reasonable conditions and safeguards, in addition to those expressed in this article, as they may deem necessary to implement the purposes of this chapter and those of the Municipalities Planning Code (MPC), Act 247.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In cases where this chapter does not provide specific dimensional standards for conditional uses, the following general dimensional standards will be applied by the Board of Commissioners:
A. 
In residential districts, the area, bulk and other applicable requirements shall be not less than those for single-family dwellings in that district.
B. 
In nonresidential districts, the area, bulk and any other applicable requirements shall be not less than those for the use which requires the greatest dimensions in the applicable nonresidential district.
C. 
The Board of Commissioners may require additional, reasonable but more stringent requirements than those required in Subsections A or B above, provided it makes one or more of the following determinations:
That the requirements of Subsections A and B above are clearly:
(1) 
Insufficient to accommodate the proposed building, facility or use, and that larger dimensional requirements would alleviate that condition.
(2) 
Insufficient to provide adequate area for parking and loading, as required by Article XVIII, and that larger dimensional requirements would alleviate that condition.
(3) 
Insufficient to provide for lot areas and dimensions necessary to protect the adjacent area from the potential adverse impacts of the proposed use, such as noise, vibration, air pollution and similar impacts, and that larger dimensional requirements would substantially alleviate that condition.
D. 
All parking requirements of Article XVIII must be followed.
A. 
Conditional uses.
(1) 
Application and fees. Application for a conditional use shall be made to the Board of Commissioners and shall be accompanied by a plan of the property showing the details of the use proposed, along with such other written and graphic material as required by the applicable provisions of the Upper Chichester Township Subdivision and Land Development Ordinance of 1992 and the applicable provisions of this chapter to adequately determine the appropriateness of the use at the location proposed. The application shall be accompanied by such fees as shall be established by the Commissioners, in an amount to cover all costs incurred by the Township.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Public hearing.
(a) 
Within 60 days after the applicant files an application for a conditional use, the Board of Commissioners shall hold a public hearing pursuant to public notice. The cost of such public hearing(s) shall be borne by the applicant. Notice of the public hearing shall be given to those persons and agencies which would be entitled to notice if the same premises were subject to an application to the Zoning Hearing Board of Upper Chichester Township as a special exception and to all others who have registered their names with the Upper Chichester Township Zoning Officer for that purpose.
(b) 
After a full review of the application, the Board of Commissioners shall render a written decision, or, when no decision is called for, make written findings on the application. When the application is contested or denied, the decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Such decision or written finding shall be made by the Board no later than 45 days after the last hearing.
(c) 
The Board of Commissioners shall approve or disapprove the application by resolution and shall send a written notification to the applicant within 10 days of a decision.
(3) 
Method of determination.
(a) 
The Board of Commissioners shall, within 45 days of the date of the last hearing, render a final decision and shall by official communication to the applicant either:
[1] 
Approve the application as presented;
[2] 
Disapprove the application as presented;
[3] 
Approve the application, subject to specified conditions.
(b) 
Failure to act within said period shall be deemed to be a grant of approval of the application.
(c) 
If the application involves a land development, a detailed plan review shall be required by the Township after the application of the conditional use has been acted upon by the Board of Commissioners. This review shall be in accordance with the procedures outlined in Chapter 505, Subdivision and Land Development. If the applicant wishes to provide the necessary documentation, the Board of Commissioners may consider the concurrent review of the conditional use requested and the detailed plans for the development. Time limits for review of the detailed plans, if necessary, will be governed by Chapter 505, Subdivision and Land Development.
B. 
General requirements for review of conditional uses.
(1) 
In any instance where the Board of Commissioners is required to consider a request for a conditional use, the Board shall consider the following factors where appropriate:
(a) 
That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility, and availability of public services and that adequate provisions be made to protect sensitive environmental features such as streams, wetlands, slopes, and mature trees.
(b) 
That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading, and signage.
(c) 
That the proposed conditional use will serve the best interest of the Township, convenience of the community, and the public health, safety, and welfare.
(d) 
That the proposed use is consistent with the objectives and recommendations of the Multi-Municipal Comprehensive Plan for Aston, Lower Chichester, and Upper Chichester Townships of 2005.
(e) 
That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
(f) 
That the proposed use is suitable in terms of its effect on highway safety and traffic circulation, and that access, on-site circulation, and parking are adequate in view of anticipated traffic.
(g) 
That existing public roads shall be adequate to serve additional traffic reasonably likely to be generated by the proposed use.
[1] 
Financial hardship shall not be construed as a basis for granting conditional uses.
[2] 
In granting any request for a conditional use, the Board of Commissioners 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 Pennsylvania Municipalities Planning Code[2] and this chapter, which conditions and safeguards may relate to, but may not be limited to, screening, lighting, parking, signage, 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.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
Intermediate day-care facilities and group day-care facilities shall be permitted as a conditional use in the C-1 and C-2 and the I-C Industrial Commercial District.
A. 
Intermediate day-care centers shall accommodate between seven children and 15 children, and group day-care centers shall accommodate 16 or more children. These facilities are defined in Article II.
B. 
Minimum lot size shall be 750 square feet per child and shall in no case be less than that required by the district in which the facility is located.
C. 
Not less than 75 square feet of outdoor play area per child shall be provided, excluding parking areas, garage areas or other areas not suited for play.
D. 
Not less than 40 square feet of indoor play area per child shall be provided, excluding bathrooms, hallways and other areas not suited for play.
E. 
No intermediate or group day-care facility in a residential district shall be placed closer than 500 feet from another day-care facility.
F. 
A fence at least four feet high shall be placed around all outdoor play areas. Such fences must reach the ground to prevent children from crawling underneath.
G. 
The Board of Commissioners may require planting and screening consistent with the character of uses adjacent to the facility.
H. 
Outdoor play activities shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
I. 
Signs shall comply with Article XIX.
J. 
Parking shall be provided in accordance with Article XVIII.
K. 
Each facility shall be fully protected by smoke detectors and fire extinguishers.
L. 
Each facility shall provide for the discharge and pickup of children on a driveway, approved parking area or directly in front of the facility. In any case, the area selected for discharge and pickup must be free from traffic hazards to children.
M. 
No part of a facility may be located within 300 feet of gasoline pumps or underground gasoline storage tanks or any other storage area for explosive materials.
N. 
Each facility must hold an approved Pennsylvania Department of Public Welfare registration, certificate or license as appropriate and meet all current DPW regulations and any applicable state or local building and fire safety codes.
O. 
Where the above regulations differ from those of the Pennsylvania Department of Public Welfare, the more stringent regulation shall apply.
Adult day-care centers (ADC) shall be permitted as a conditional use in the C-1 and C-2 and I-C Districts.
A. 
There shall be a distance of not less than 500 feet between adult, group or intermediate day-care facilities located in residential districts.
B. 
Each adult day-care center shall contain not less than 50 square feet of indoor floor area per client.
C. 
Parking shall be in accordance with Article XVIII.
D. 
There shall be an area designated for the discharge and pickup of clients which shall be free of hazards and which shall not interfere with street traffic.
E. 
There shall be a planted buffer no less than five feet high along rear and side property lines adjacent to a residential district or use.
F. 
Any alterations or additions to the exterior of an ADC shall be compatible with the existing structures and in keeping with the character of the neighborhood. Upon the closing of the facility, all safety required modifications shall be removed.
G. 
Each facility shall be licensed and approved in accordance with the Pennsylvania Public Welfare Code[1] and shall comply with the applicable regulations of the Pennsylvania Department of Public Welfare[2] and with those of any other applicable agency.
[1]
Editor's Note: See now the Human Services Code, 62 P.S. § 101 et seq.
[2]
Editor's Note: Now entitled the "Pennsylvania Department of Human Services."
Private clubs shall be permitted by conditional use in the R-1 and R-2 and in the C-1, C-2 and I-C Districts. Such clubs shall comply with the following regulations:
A. 
Private clubs shall be operated for civic, cultural, educational, social or recreational purposes.
B. 
The activity shall be noncommercial, nonprofit and clearly one not customarily carried on as a business.
C. 
Each building or facility shall be for members or their guests only.
D. 
No club shall provide for eating or dining except on an incidental basis.
Standard collection facilities shall be permitted by right in the I-C District and by conditional use in the C-1 and C-2 Districts, and processing facilities shall be permitted by conditional use in the C-2 and I Districts. Small collection facilities shall be permitted as accessory uses in the C-1 and C-2 Districts.
A. 
Small collection facilities may be placed in surplus parking spaces and no closer than 30 feet from a public street to assure the general public safety.
B. 
Parking shall be provided in accordance with Article XVIII.
C. 
Standard collection and processing facilities shall be placed not less than 150 feet from a residential property.
D. 
Trash and debris shall be cleaned up on a daily basis.
E. 
The name and phone number of the person responsible for the collection facility will be displayed on the containers.
F. 
Overnight collection areas shall be adequately lighted, well kept and secure from unauthorized entry.
G. 
Collection facilities and processing facilities shall provide sufficient room to accommodate customers and business traffic.
H. 
Collection facilities and processing facilities will operate in an enclosed building or be screened from public view by a planted visual screen or opaque fence.
I. 
Certification and permits shall be obtained as required from the appropriate local, state or federal agencies.
Adult entertainment uses shall be permitted as a conditional use in the C-2 and I-C Districts.
A. 
No such establishment shall be located within 500 feet of a school, church, existing dwelling or public park.
B. 
No such establishment shall be located within 1,500 feet of any existing adult bookstore, theater or other use.
C. 
A planted visual screen, as defined in Article II, which shall be not less than 10 feet wide and six feet high, shall be provided along the side and rear lot lines.
D. 
No obscene material shall be placed or displayed so as to be visible from outside the establishment.
E. 
Such establishment shall not be accessible to persons under 18 years of age.
Professional home offices shall be permitted only by conditional use in the R-1 and R-2 Districts, subject to the following requirements:
A. 
The professional home office shall be located only within a single-family detached dwelling, situated on a lot having not less than 11,250 square feet.
B. 
There shall be not more than one practitioner and not more than two employees at any given time.
C. 
The office shall not occupy more than 40% of the gross floor area of the dwelling.
D. 
There shall be only one professional home office on the lot.
E. 
Except for signs, there shall be no external alterations/additions inconsistent with the residential character of the structure.
F. 
Signs shall be in accordance with Article XIX.
G. 
Off-street parking shall comply with Article XVIII.
H. 
There shall be no outdoor display or storage of products.
I. 
The office shall in no case be operated before 8:00 a.m. or after 9:00 p.m.
J. 
All home occupations shall be subject to periodic inspection by a local official.
K. 
A conditional use permit shall not be granted when it appears to the Board of Commissioners that the proposed major professional home office will constitute a fire hazard to neighboring residences, will adversely affect neighboring property value or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, parking, noise, odor or other negative impacts.
L. 
The practitioner shall reside on the property where the home office is located.
Group-based community residence facilities shall be permitted as a conditional use in the I-C Industrial Commercial district only, subject to the following requirements:
A. 
Group-based facilities shall provide sufficient rooms and areas to hold group meetings and to administer examinations and therapies for treatment if individuals recovering from the influence of drugs, alcohol or other addictions.
B. 
Health care professionals shall be available on a regular basis to administer the treatments note in Subsection A above.
C. 
These facilities must be approved by the appropriate state agency.
Car wash establishments shall be permitted as a conditional use in the C-2 District, subject to the following requirements:
A. 
Exterior lighting shall be shielded or deflected from adjacent and nearby properties and public streets and sidewalks.
B. 
The facility shall be designed to accommodate not less than eight waiting motor vehicles on the property.
C. 
A planted visual screen shall be provided in accordance with § 600-172.
D. 
Where applicable, the facility shall be designed and/or screened so that the headlights of automobiles approaching, waiting or exiting the facility shall not shine directly on adjacent properties.