The purpose of this article is to provide conditions and standards
for uses permitted by special exception. In these cases, the Zoning
Hearing Board 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 Pennsylvania
Municipalities Planning Code, Act 247, as amended.
In any instance where the Zoning Hearing Board is required to
consider a request for a special exception, the Board shall consider
the following factors, where appropriate:
A. That the proposed use is consistent with the statement of goals and
objectives as stated in the latest adopted Ridley Park Borough Comprehensive
Plan and the statement of purpose for the district in which the use
is proposed.
B. That the proposed use is appropriate for the site in question in
terms of size, topography, natural features, drainage, sewage and
solid waste disposal, water supply, stormwater management, 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.
C. That the proposed use is compatible with the character of the surrounding
neighborhood, will not interfere with or detract from 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.
D. That the proposed use will serve the best interest of the Borough,
convenience of the community, and the public health, safety, and welfare.
E. 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.
F. That the proposed use will provide for adequate off-street parking, as required in Article
XIV.
G. That the proposed use will reflect effective site planning and design
in terms of energy efficiency, environmental protection, and aesthetic
composition.
H. Financial hardship shall not be construed as a basis for granting
a special exception.
In cases where this article does not provide specific standards
for uses permitted by special exception, the following dimensional
requirements will be applied by the Zoning Hearing Board:
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. The Zoning Hearing Board may require additional, reasonable but more stringent requirements than those required in Subsection
A or
B above, provided that the Board 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 and that greater dimensional requirements would substantially
alleviate that condition.
(b)
Insufficient to provide adequate area for parking and loading, as required by Article
XIV, and that greater requirements would substantially alleviate that condition.
(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, and that greater dimensional requirements would substantially
alleviate that condition.
D. All parking requirements of Article
XIV must be followed.
Standards that apply to public or private utility facilities
or buildings are as follows:
A. If located within a residential, open space, or agricultural zone,
the applicant must demonstrate that the selected location is necessary
for public service and convenience and that the use cannot be supplied
with equal effectiveness if located elsewhere.
B. If located within a residential zone, all buildings and structures
shall be designed, to the extent possible, to have the exterior appearance
of a residence.
C. In any residential zone, the outdoor storage of vehicles or equipment
used in the maintenance of a utility shall not be permitted; in nonresidential
zones, all outdoor storage shall be screened from adjoining roads
and properties.
D. There shall be no specified minimum lot size; however, each lot shall
provide front, side, and rear yard setbacks and comply with the maximum
lot coverage requirements as prescribed in the underlying zone.
E. All structures shall be set back a distance at least equal to the
height of the structure from all adjoining property lines.
F. The use shall emit no obnoxious noise, glare, dust, odor, vibration,
electrical disturbance, or any other objectionable impact beyond the
subject property.
G. All site improvements shall be screened from all adjoining residentially
zoned properties.
Private clubs or lodges shall be permitted by special exception
in the R-3 Residential District in accordance with the following requirements:
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 and their guests only.
D. No club shall provide for eating or dining except on an incidental
basis.
In the R-1, R-2, and R-3 Residential Districts, religious uses
such as churches and similar buildings shall be permitted only as
a special exception use, subject to the dimensional requirements listed
below:
Standard
|
Size
|
---|
Lot area
|
20,000 square feet minimum
|
Lot width
|
100 feet minimum
|
Building coverage
|
40% maximum
|
Impervious surface
|
60% maximum
|
Front yard
|
25 feet minimum
|
Side yards
|
25 feet minimum (each side)
|
Rear yard
|
30 feet minimum
|
Height
|
50 feet maximum
|
In the R-1, R-2, and R-3 Residential Districts, public or private
schools shall be permitted only as a special exception, subject to
the dimensional requirements listed below:
Standard
|
Size
|
---|
Lot area
|
20,000 square feet minimum
|
Lot width
|
100 feet minimum
|
Building coverage
|
40% maximum
|
Impervious surface
|
60% maximum
|
Front yard
|
25 feet minimum
|
Side yards
|
25 feet minimum (each side)
|
Rear yard
|
30 feet minimum
|
Height
|
35 feet or 3 stories maximum
|
Professional home offices or studios shall be permitted only
by special exception in the R-1, R-2 and R-3 Residential Districts.
A. These professional home offices shall be permitted only within an
existing single-family detached structure which has a lot size of
not less than 15,000 square feet.
B. No external alterations inconsistent with the residential character
of the dwelling shall be permitted.
C. The activity must be performed indoors without any outdoor storage.
D. No display of products shall be permitted.
E. The residential appearance of the structure shall not be altered.
F. There shall be only one practitioner, and not more than two employees
shall be permitted at any given time.
G. The practice or professional office shall not occupy more than 40%
of the floor area of the structure.
H. Signs shall be in accordance with Article
XV of this chapter.
I. Parking shall be in accordance with Article
XIV of this chapter.
Adult uses shall be permitted only as a special exception in
the Industrial District.
A. No establishment housing or intended for an adult use shall be placed
on a lot area of less than 7,500 square feet.
B. No adult use establishment shall be located within 500 feet of a
school, church, day-care center, public library, public park or playground,
or residential district.
C. No such establishment shall be located within 500 feet of any existing
adult use.
D. There shall be a planted visual screen as defined in Article
II and provided in accordance with §
213-114.
E. No obscene material, representation, or sign shall be placed or displayed
so as to be visible from outside the adult establishment. Signs shall
be limited to a verbal description of materials or services available
on the premises and shall not include any graphic or pictorial depiction
of such services or materials.
F. No persons under the age of 18 shall be permitted in an establishment
containing adult materials.
Conversions of single-family detached dwellings and single-family
semidetached dwellings shall be permitted only as a special exception
in the R-2 and R-3 Residential Districts and in the C-1 and C-2 Commercial
Districts, subject to the following requirements:
A. In order to be eligible for conversion, a dwelling shall have a minimum
floor area of 1,500 square feet, excluding basement space.
B. The maximum number of units created by the conversion shall be two.
C. Two off-street parking spaces shall be required for each unit created
by the conversion. Such spaces shall be paved and have direct access
to a street or alley. The stacking of motor vehicles (an arrangement
where it is necessary to move a given vehicle to allow another vehicle
to exit) is prohibited.
D. No external alterations inconsistent with the residential use of
the structure and the architectural character of the neighborhood
shall be permitted.
E. Each unit shall be a complete, separate housekeeping unit that is
independent of any other unit.
F. Where there is no sidewalk along the frontage of the property, such
sidewalk shall be constructed before the conversion is permitted.
G. Prior to conversion, the applicant shall obtain a permit from the
Zoning Officer.
H. All utility connections shall meet the standards of the utility company.
I. Applications for conversion shall contain the following items:
(1)
Floor plan showing the layout, including all dimensions of each
unit.
(2)
Site development plan showing the location of the dwelling.
(3)
Other existing buildings, all property lines, proposed additions,
and building setback line; location, size, and extent of all rights-of-way
and easements; required parking spaces; and one-hundred-year floodplain.
J. 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 plan.
Tattoo parlors shall be permitted by special exception in the
Industrial District only, subject to the requirements listed below:
A. The lot on which a tattoo parlor is placed or maintained shall have
an area of not less than 7,500 square feet.
B. No person, organization, or corporation may operate a tattoo parlor
unless it has obtained a certificate of registration from the Pennsylvania
Department of Health.
C. Such certificate shall be obtained annually and shall not be transferable.
D. The current certificate shall be posted in a prominent and conspicuous
area where patrons may readily see it.
E. It shall be unlawful for any person to engage in the business of
operating a tattoo parlor without first obtaining a permit to engage
in such business in accordance with the provisions in this article.
F. The room in which tattoo procedures are conducted shall have an area
of not less than 100 square feet.
G. The establishment shall take all measures necessary to ensure against
the presence or breeding of insects, vermin, and rodents within the
establishment. Pest control records are to be available during normal
business hours.
H. The establishment shall have proper facilities for the disposal of
waste materials.
I. The establishment shall have a cleaning area which shall have an
area for the placement of an autoclave or other sterilization unit
located or positioned a minimum of 36 inches from the required ultrasonic
cleaning unit.
J. Before working on each patron, each tattoo artist shall clean his
or her fingernails with his or her individual fingernail file and
shall thoroughly wash and scrub his or her hands with hot running
water, soap, and his or her individual hand brush. Hands shall be
dried with individual single use towels. The operator shall wear a
clean, new pair of latex gloves, designed for use in surgery, for
each customer.
K. No tattooing shall be done on any skin that has a rash, pimples,
boils, and infections or manifests any evidence of unhealthy conditions.
L. All facilities and procedures shall comply with the requirements
of the Pennsylvania Department of Health.
The second floor of commercial uses in the C-1 and C-2 Commercial
Districts may be converted to apartments when authorized as a special
exception, in compliance with the requirements below:
A. The apartment created by way of conversion shall have a gross floor
area of not less than 625 square feet.
B. The lot area shall be not less than 12,000 square feet.
C. Only one apartment shall be created on a second floor by way of conversion.
D. Applicants for conversions on lots where there is no existing sidewalk
shall install a sidewalk along the frontage of the property prior
to completing the conversion.
E. All utility connections shall meet utility company standards.
F. Prior to conversion, the applicant shall obtain a permit from the
Zoning Officer.
G. The Zoning Officer may inspect any proposed conversion for compliance
with the Building, Maintenance, Zoning, and any other applicable Borough
codes.
Funeral homes shall be permitted as a special exception in the
C-2 Commercial District, in accordance with the requirements below:
A. The minimum lot areas shall be not less than 15,000 square feet.
B. At least one property line shall have frontage on an arterial road.
C. No building in which funeral-related activities are performed shall
be located within 30 feet of a residential district or use.
D. Where a lot on which the funeral home is located abuts a residential district, a planted visual screen, as defined in Article
II and in accordance with §
213-114, shall be provided.