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:
(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 XIII.
(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 the application falls within the provisions of this chapter, which affords 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 community development objectives for Folcroft Borough.
C. 
Provide required parking in accordance with Article XIII.
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. 
Minimum lot area: 1/4 acre.
B. 
Building coverage: 70% maximum.
C. 
Front yard: 15 feet.
D. 
Rear yard: 15 feet.
E. 
Side yard: 15 feet.
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. 
Lot size: two acres.
B. 
Lot width: 150 feet.
C. 
Building coverage: 40% of lot maximum.
D. 
Impervious surface: 60% of lot maximum.
E. 
Front yard: 50 feet on each street the lot abuts.
F. 
Side yards: 30 feet.
G. 
Rear yard: 50 feet.
H. 
Height: 50 feet maximum.
I. 
Parking: As required in Article XIII.
J. 
Signs: As required in Article XIV.
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.
H. 
Parking shall be in accordance with Article XIII.
I. 
Signs shall be in accordance with Article XIV.
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.
D. 
Where a funeral home or mortuary abuts a residential district, a planted visual screen, subject to § 600-114, shall be employed.
E. 
Parking shall be in accordance with Article XIII.
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.
C. 
A planted visual screen shall be provided in accordance with § 600-114.
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:
A. 
Minimum lot size shall be 10,000 square feet.
B. 
Parking shall be in accordance with Article XIII.
C. 
Signs shall be in accordance with Article XIV.
D. 
A planted visual screen shall be provided in accordance with § 600-114 where a health club/spa borders a residential area.
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:
(1) 
Residential living units.
(2) 
Skilled nursing facilities.
(3) 
Common dining facilities.
(4) 
Physical therapy facilities.
(5) 
An auditorium.
(6) 
Recreational facilities.
(7) 
On-site personal service shops.
(8) 
Administrative offices.
B. 
The following requirements are minimum unless otherwise stated:
(1) 
Lot area: two acres.
(2) 
Distance between buildings: 50 feet.
(3) 
Building coverage: 40% maximum.
(4) 
Impervious surface: 60% maximum.
(5) 
Setbacks: 75 feet when abutting a residential district, 50 feet otherwise.
(6) 
Planted visual screen: in accordance with § 600-114.
(7) 
Height: 50 feet maximum.
(8) 
Parking: in accordance with Article XIII.
(9) 
Signage: in accordance with Article XIV.
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. 
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 public transit by pedestrian and bicycle paths in the development.
C. 
Parking shall be in accordance with Article XIII.
D. 
Signs shall be in accordance with Article XIV.
E. 
Development and design standards, as applicable, shall be in accordance with § 600-79.
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:
A. 
The applicable dimensional standards for mixed use buildings and multifamily buildings, as per § 600-78.
B. 
Development and design standards shall be in accordance with § 600-79.
C. 
Parking shall be in accordance with Article XIII.
D. 
Signs shall be in accordance with Article XIV.
E. 
All other applicable provisions of Article XII, TOD Transit-Oriented Development Overlay District, shall apply to hotels.