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 MPC, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 are 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 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
community development objectives for Folcroft Borough.
(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.
B.
In cases where conditional uses are not accompanied by specific standards listed below in this article, the regulations in § 600-126 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 MPC 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 that
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:
An applicant for a conditional use permit shall have the burden
of establishing both:
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 community development
objectives for Folcroft Borough.
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 all residential districts and the MC Municipal Center District,
churches and other religious uses, including rectories, classrooms
for religious instruction, or similar customary religious activities,
shall be permitted as a conditional use, subject to the dimensional
requirements listed below:
A cemetery shall be permitted as a conditional use in the R-1
Residential District, subject to the following regulations:
A.
A minimum site of five acres shall be required.
B.
All access shall be provided from a major or secondary thoroughfare.
C.
A planted visual screen, subject to § 600-114, between six and eight feet in height shall run along the borders with residential districts.
D.
Buildings, structures, or materials shall be set back from adjoining
property lines at least 30 feet.
E.
Adequate off-street parking shall be provided for funeral processions
such that no vehicle stands or waits in a right-of-way.
A gasoline service station shall be permitted as a conditional
use in the GB General Business District, 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 regulations
of the Fire Marshal Division of the Pennsylvania State Police and
with those of any other applicable state or federal agency.
Elementary schools, middle schools, high schools, charter schools,
vocational schools, technical schools, and colleges and universities
shall be permitted as conditional uses in the MC Municipal Center
district, but not including private, for-profit trade schools such
as truck driving, dancing, cooking, etc., subject to the following
regulations (unless stated otherwise, all requirements are minimum):
A public or private swim club shall be permitted as a conditional
use in the MC Municipal Center District, subject to the following
regulations:
A.
Swimming pools shall not be located less than 20 feet from any property
line.
B.
No swimming pool shall be located under utility or electric lines.
C.
Swimming pools shall comply with all other applicable local regulations.
D.
A plan and sketch for all public and private swim clubs shall be
submitted to the Borough prior to new development or alteration of
existing pools.
E.
For safety purposes, a fence not less than six feet high must surround
all swimming pools.
F.
All fences surrounding pools shall have a self-locking gate and shall
be of a design and quality to adequately prevent unauthorized children
or animals from entering the pool area.
G.
Pool lighting fixtures shall be placed, directed, or shielded to
protect neighboring properties from light or glare.
In the RS Retail Service District, a public parking garage as
an independent use 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.
Lot size shall be between 10,000 and 20,000 square feet.
C.
The height of the parking garage shall not exceed 30 feet.
D.
Parking garage structures shall have awnings, landscaping elements,
street furniture, and other design treatments to create the appearance
of an occupied building.
E.
Vehicles shall be visually screened from adjacent buildings and the
street, and such screening shall be in keeping with the remainder
of the building's architectural style and materials.
A funeral home or mortuary shall be a conditional use in the
GB General Business District, subject to the following regulations:
A.
The site shall be located so as to have one property line abutting
a major or secondary thoroughfare.
B.
Adequate points of access shall be provided to and from any major
or secondary thoroughfare.
C.
No building shall be located within 30 feet of a residential district.
A place of amusement shall be a conditional use in the RS Retail Service and GB General Business Districts, subject to § 600-126.
A car wash establishment shall be permitted only as a conditional
use in the GB General Business District.
A.
Exterior lighting shall be shielded or deflected from adjacent or
nearby properties and public sidewalks and streets.
B.
The facility shall be designed to accommodate not less than eight
waiting vehicles on the property.
D.
Where applicable, the facility shall be designed and/or screened
so that the headlights of automobiles approaching, waiting, or exiting
the facility do not shine directly on adjacent properties.
A health club or spa shall be permitted as a conditional use
in the RS Retail Service and GB General Business Districts and as
a use permitted by right in both LIB Light Industrial/Business Park
districts, subject to the following requirements:
An assisted-care facility shall be permitted as a conditional
use in the MC Municipal Center District, subject to the following
regulations:
A.
An assisted-care facility may contain any one or preferably a combination
of the following:
B.
The following requirements are minimum unless otherwise stated:
Adult uses shall be permitted as a conditional use in the LIB-A
Light Industrial/Business Park-A District, subject to the following
regulations:
A.
In the case of adult uses, both a planted visual screen in accordance with § 600-114 and an opaque fence shall be required.
B.
The height of the planted visual screen/opaque fence shall be between
eight and 10 feet on the side and rear yards of the use.
C.
No obscene material, representation, or sign shall be placed or displayed
so as to be visible from outside the establishment. Signs shall be
limited to a verbal description of material or services available
on the premises and shall not include any graphic or pictorial depiction
of such materials or services.
D.
No person under the age of 18 shall be permitted in an establishment
containing an adult use or which sells any pornographic materials.
In the TOD Transit-Oriented Development Overlay District, individual
office buildings shall be permitted only as a conditional use, subject
to the following requirements:
A hotel developed as an individual building shall be permitted
only as a conditional use in the TOD Transit-Oriented Development
Overlay District. Hotels that are part of a unified development plan
shall be permitted by right. In both cases, hotels shall comply with
the following requirements:
