In the consideration of an application for a special exception,
the Zoning Hearing Board shall:
A.
Consider the suitability of the property for the use desired. Assure
itself that the proposal is consistent with the spirit, purpose and
intent of the Zoning Ordinance, the Comprehensive Plan and other relevant
plans adopted by Municipal Council.
B.
Determine that the proposal will not substantially injure or detract
from the use of neighboring property or from the character of the
neighborhood and that the use of the adjacent property is adequately
safeguarded.
C.
Determine that the proposal will serve the best interests of the
Municipality, the convenience of the community (where applicable)
and benefit the public welfare; also ensure that the proposal will
have a positive effect on the visual, physical, economic and social
needs of the community.
D.
Consider the effect of the proposal upon the logical, efficient and
economical extension of public services and facilities such as public
water, sewers, police and fire protection and public schools.
E.
Consider the suitability of the proposed location of use with respect
to probable effects upon highway traffic and pedestrian movements
and assure adequate access and circulation arrangements in order to
protect major roads from undue congestion and hazard.
F.
Be guided in its study, review and recommendation by sound standards
of subdivision and land development practice where applicable.
G.
Impose such conditions and safeguards in addition to those required
as are necessary to assure that the intent of this chapter and the
Comprehensive Plan are complied with, which conditions may include
(but are not limited to) harmonious design of buildings, planting
and its maintenance as a sight or sound screen, the minimizing of
noxious, offensive or hazardous elements and adequate standards of
parking, loading and sanitation.
H.
The Zoning Hearing Board shall be limited to consideration of applications
as they relate to ordinance provisions in effect at the time of the
application. Norristown Municipal Council shall retain the exclusive
right to enact and amend ordinances.
The Zoning Hearing Board shall allow each of the following uses
as a special exception in a district in which such use is designated
as a special exception only if it complies with the conditions listed
below and any conditions deemed necessary by the Board to implement
the intent of this chapter.
B.
Group homes.
[Amended 9-19-2017 by Ord. No. 17-09]
(1)
A fire sprinkler system which complies with NFPA 13D (2016)
shall be installed throughout the group home and any attached accessory
buildings.
(2)
A fire alarm system which complies with Chapter 11 of NFPA 72
(2016) shall be installed throughout the group home and any attached
accessory structures.
(3)
When applying for a group home permit, the applicant shall provide
a dimensioned floor plan indicating the size of each room, including
sleeping rooms, and identifying the maximum number of residents who
will occupy each sleeping room, to demonstrate that the group home
will not be overcrowded and in compliance with all applicable building
codes.
(4)
When applying for a group home permit, the applicant shall provide
a written statement describing how the facility will have adequate
trained staff supervision for the number of residents and their related
disability or disabilities.
(5)
Supervisory, counseling and medical services shall be provided
only to residents of the group home and no outpatient services will
be provided to individuals who are not residents of the group home.
(6)
A minimum of one nonresident (caretaker) employee shall be on
the premises at all times and shall be readily available to provide
assistance to residents of the group home.
(7)
All nonresident (caretaker) employees shall be qualified by
training and/or experience to provide supervision and care to residents
of the group home.
(8)
If a group home is in a residential district, an appearance
shall be maintained closely similar to nearby dwellings, and no sign
shall identify the use.
C.
Institutional homes.
[Amended 9-19-2017 by Ord. No. 17-09]
(1)
A fire sprinkler system which complies with NFPA 13D (2016)
shall be installed throughout the group home and any attached accessory
buildings.
(2)
A fire alarm system which complies with Chapter 11 of NFPA 72
(2016) shall be installed throughout the group home and any attached
accessory structures.
(3)
When applying for a group home permit, the applicant shall provide
a dimensioned floor plan indicating the size of each room, including
sleeping rooms, and identifying the maximum number of residents who
will occupy each sleeping room, to demonstrate that the group home
will not be overcrowded and in compliance with all applicable building
codes.
(4)
When applying for a group home permit, the applicant shall provide
a written statement describing how the facility will have adequate
trained staff supervision for the number of residents and their related
disability or disabilities.
(5)
Supervisory, counseling and medical services shall be provided
only to residents of the group home and no outpatient services will
be provided to individuals who are not residents of the group home.
(6)
A minimum of one nonresident (caretaker) employee shall be on
the premises at all times and shall be readily available to provide
assistance to residents of the group home.
(7)
All nonresident (caretaker) employees shall be qualified by
training and/or experience to provide supervision and care to residents
of the group home.
(8)
If a group home is in a residential district, an appearance
shall be maintained closely similar to nearby dwellings, and no sign
shall identify the use.
D.
Family day-care homes.
(1)
The owner must be registered or licensed, as applicable, with
the Pennsylvania Department of Public Welfare (DPW) and must demonstrate
compliance with all DPW regulations for such homes, including those
standards governing adequate indoor space, accessible outdoor play
space and any applicable state or local building and fire-safety codes.
(2)
A drop-off area shall be provided with sufficient area to allow
the temporary parking of a parked vehicle. An existing driveway or
common parking area may be used.
(a)
If a driveway is used for the drop-off area and the proposed
use fronts on an arterial or collector street, a turnaround area shall
be provided so that vehicles can exit the site driving forward. In
cases where the drop-off area for a family day-care home 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 or that
all clients will walk to the facility.
(b)
Outdoor play shall be limited to the hours between 8:00 a.m.
and sunset.
(3)
Signs shall comply with standards governing signs for home occupations, according to the requirements of Article XXVII, Signs.
(4)
Any addition or improvement to an existing residential structure
or property for purposes of home 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.
(5)
Each operator of a newly established family day-care home shall
notify the Municipality, in writing, at least 30 days prior to the
initiation of such use for the purpose of allowing the Municipality
to establish a record of the new use. Already licensed or registered
facilities shall notify the Municipality of their operation, in writing,
no less than 60 days after the enactment of this chapter.
(6)
The number of children permitted, excluding immediate family
members residing on the property, shall be limited to no more than
six unrelated individuals.
(7)
Family day-care homes may only operate within an existing single-family
or twin dwelling located on a residential street between Markley Street
to the west and DeKalb Pike to the east, and West Fornance Street
to the south and West Roberts Street to the north.
(8)
Family day-care homes on the same street may be located no closer
than 500 feet apart.
E.
Day-care centers.
(1)
The operator must be licensed with the Pennsylvania Department
of Public Welfare (DPW) and must demonstrate compliance with all DPW
regulations for such homes.
(2)
One drop-off space measuring 10 feet by 20 feet shall be provided
for every 20 children the center is licensed to accommodate.
(3)
When an off-premises play area is utilized, it must be located
within a quarter of a mile from the center and be safely accessible
without crossing at grade any arterial street or other hazardous area.
(4)
Fencing of outdoor play area. A minimum six-foot-high, opaque
fence shall be erected along the perimeter of the outdoor play area.
(5)
Outdoor play shall be limited to the hours between 8:00 a.m.
and sunset.
(6)
No portion of the outdoor play area shall be located less than
50 feet from an existing occupied dwelling without the owner's written
consent.
(7)
Any signs shall comply with regulations applicable to the district
in which the day-care center is located.
F.
Hospices.
(1)
There shall be no more than six residents.
(2)
There shall be twenty-four-hour resident supervision by people
qualified by training and experience in the field for which the group
home is intended.
(3)
The use shall be licensed under the applicable state program.
(4)
Any medical or counseling services provided shall be done only
for residents.
G.
Public/private/parochial schools, houses of worship, and libraries.
(1)
A sketch plan shall be submitted to the Design Review Board as established in § 320-243 or if in a certified historic district to the Historical Architectural Review Board with the following information:
(a)
Adjoining residential buildings and structures within 50 feet
of the tract boundary line.
(b)
Internal vehicle circulation and parking plan.
(c)
Street and driveway location(s).
(d)
Interior and perimeter landscaping.
(e)
Architectural renderings or photographs of similar buildings
that are of a generally accurate facsimile in order to insure that
the units constructed are architecturally compatible with the homes
in the adjoining neighborhood(s).
(2)
Parking and internal circulation:
(a)
All parking shall be accommodated on-site.
(b)
An on-site drop-off/pick-up area shall be provided with sufficient
capacity for the type of facility proposed, consistent with the following
standards:
[1]
All sites shall provide sufficient turnaround area so that areas
may exit the site while driving forward.
[2]
Minimum dimensions for a drop-off/pick-up area shall be nine
feet by 60 feet (three car spaces); with appropriate tapers from and
to the driveway it adjoins, subject to the approval of the Municipal
Engineer.
[3]
A planned system of efficient access, egress and internal circulation
of traffic which shall interfere minimally with residential traffic
shall be required.
(3)
Side and rear yards shall contain perimeter landscaped buffers
of sufficient density and opacity to minimize sound and light spillover
onto adjoining properties.
H.
Sober living homes.
[Added 11-20-2018 by Ord.
No. 18-06]
(1)
Registration with the Commonwealth and compliance with all regulations
for licensure or certification as promulgated by the Department of
Drug and Alcohol Programs in accordance with 71 P.S. § 613.13
or such other Commonwealth agency or department as authorized by law.
In the event that the sober living home is not registered and is not
required to be licensed or certified by the Commonwealth, then the
sober living home shall provide either documentation that it would
comply if subject to licensure and certification, or documentation
that the sober living home is a member in good standing and in compliance
with all rules and/or regulations of a recognized countywide, statewide,
or nationwide association of recovery homes or equivalent professional
accrediting organization, Additionally, and annually thereafter, each
operator must provide similar proof of Commonwealth registration and
compliance or continued status as a member in good standing and in
compliance with all the rules and/or regulations of a recognized county,
state or national professional association.
(2)
The sober living home shall not be located in an accessory building
or unit unless the primary building or dwelling unit is used for the
same purpose.
(3)
A fire sprinkler system which complies with NFPA 13D "Standard
for the Installation of Sprinkler Systems in One- and Two-Family Dwellings
and Manufactured Homes" (2016), or the current corresponding section
of the NFPA as amended from time to time, shall be installed throughout
the building and any attached accessory building(s).
(4)
A fire alarm system which complies with Chapter 11 of NFPA 72
"National Fire Alarm and Signaling Code" (2016), or the current corresponding
section of the NFPA as amended from time to time, shall be installed
throughout the building and any attached accessory structures.
(5)
Proof that the building(s) size and layout is in compliance
with the applicable building codes for maximum number of individuals
intended to be housed in the building(s). To satisfy this request,
the Zoning Hearing Board may request that an applicant provide a dimensioned
floor plan indicating the size of each room, including sleeping rooms,
and identifying the maximum number of residents who will occupy each
sleeping room, to demonstrate that the sober living home will not
be overcrowded.
(6)
Proof that the sober living home has policies, procedures and
regulations that substantially address the following:
(a)
At least 48 hours prior to an occupant's eviction from or involuntary
termination of residency in a sober living home, the operator thereof
shall notify the person designated as the occupant's emergency contact
or contact of record that the occupant will no longer be a resident
at the property; contact the appropriate county or state agency to
determine the services available to the occupant, including, but not
limited to, alcohol and drug inpatient and outpatient treatment and
shelter or homeless services; and provide the information obtained
from the applicable county or state agency to the occupant prior to
his or her release on a readable form that is signed by the occupant
as proof of his or her receipt of the available services.
(b)
Prior to an occupant's eviction from or involuntary termination
of residency in a sober living home, the operator shall make available
to the occupant transportation to the address listed on the occupant's
driver license, state-issued identification card or the permanent
address identified in the occupant's application or referral to the
sober living home; in the event the occupant declines said transportation
or otherwise has no permanent address, then the operator shall make
available to the occupant transportation to another sober living home
or residential care facility that has agreed to accept the occupant.
(c)
Rules and regulations that prohibit the use of any alcohol or
any nonprescription drugs at the sober living home or by any recovering
addict either on or off site.
(d)
Rules and regulations that the facility cannot dispense medications
unless licensed to do so, and that the possession or use of prescription
medications is prohibited except for the person to whom they are prescribed
and in the amounts/dosages prescribed.
(e)
Rules and regulations that shall direct occupants to be considerate
of neighbors, including refraining from engaging in excessively loud,
profane or obnoxious behavior that would unduly interfere with a neighbor's
use and enjoyment of their dwelling unit in accordance with the Municipality's
Noise Ordinance[1] and other ordinances of general applicability.
(7)
If permitted bylaw, supervisory, counseling and medical services,
may be provided but only to those individuals residing in the sober
living home and no outpatient services shall be provided to individuals
who are not residents of the sober living home; and all occupants,
other than the house manager, must be actively participating in legitimate
recovery programs, including, but not limited to, Alcoholics Anonymous
or Narcotics Anonymous and the sober living home must maintain current
records of meeting attendance.
(9)
The property's appearance shall be maintained closely similar
to nearby dwellings, and no sign shall identify the use.
(10)
The property is not located within 600 feet as measured from
the closet property lines to any other sober living home or licensed
alcoholism or drug abuse recovery or treatment facility.
(11)
The property, including all buildings located thereon, must
be in compliance with all applicable federal, state and local laws,
including but not limited to the Pennsylvania Uniform Construction
Code, the International Fire Code and the International Fuel Gas Code
as adopted and as modified by the Municipality.
