All applications for special exceptions shall comply with the requirements of §
240-132 of this chapter.
[Amended 3-20-2017 by Ord. No. 2017-01]
Accessory dwelling units shall be permitted on lots with less than two acres by special exception, subject to the following conditions:
A.
The ADU shall be located within the principal dwelling unit or an existing or new structure or outbuilding (such as barns, stables, carriage houses and garages.)
B.
A maximum of one ADU shall be permitted.
C.
The maximum floor area of any ADU shall be 600 square feet.
D.
An applicant for a building permit for an accessory dwelling unit (including a permit to convert an existing dwelling by adding an accessory dwelling within the existing dwelling unit) shall present with a building permit application, a permit from the Chester County Health Department indicating that there are sufficient sewage disposal facilities for the additional dwelling unit and that the existing domestic water supply facilities are adequate to serve both the principal and accessory dwelling unit. The applicant must also present a restrictive covenant in recordable form which can be recorded against the property to prohibit future enlargement of the ADU or creation of additional ADUs beyond the limits, regarding size and number, allowed in this chapter.
E.
The ADU shall not be permitted to have an additional accessory building, such as a garage, unless such building is preexisting.
F.
For ADUs in new structures, and for expansions of existing structures, all yard setback requirements shall be the same as for the new principal structures.
G.
The owner of the lot shall live in the principal dwelling or in the accessory dwelling unit on a permanent basis.
H.
Not less than one off-street parking space shall be provided for the ADU in addition to the spaces required by Article
IX of this chapter for the principal
dwelling. No additional front yard areas shall be used for parking.
I.
The ADU shall not be subdivided from the parent tract.
J.
No more than two occupants shall reside in the ADU.
The following conditions shall apply to antique stores:
A. The antique store shall be permitted only as an adaptive reuse of a historic structure in the Village Overlay District and in accordance with §
240-82.
B. The antique store shall contain no more than 1,500 gross square feet of floor area.
C. The antique store shall provide one parking space per 500 gross square feet of floor area.
The following conditions shall apply to artist studios:
A. The artist studio shall be permitted only as an adaptive reuse of an historic structure in the Village Overlay District and in accordance with §
240-82.
B. The artist studio shall employ not more than three persons.
C. Where instructional classes are provided, the use shall be limited to one class at a time with not more than 10 students in the class and not more than two instructors.
D. The artist studio shall provide one parking space per 500 gross square feet of floor area.
Bed-and-breakfast facilities on lots less than five acres may be permitted as special exceptions by the Zoning Hearing Board, which shall apply the standards and conditions in §
240-40 of this chapter.
[Amended 7-10-2017 by Ord. No. 2017-03]
A. General standards and criteria. In deciding upon applications for special exception uses in the Steep Slope Conservation Overlay District, the Zoning Hearing Board shall also evaluate and determine whether the following standards and criteria have been complied with:
(1) That the proposed land use requires a steep slope location.
(2) That reasonable alternatives which do not involve encroachment into the steep slope area do not exist.
(3) That the proposed use is compatible with existing and anticipated developments.
(4) That the proposed use is compatible with the Township Comprehensive Plan.
(5) That access to the site by emergency vehicles during times of natural disasters, collapse of foundation, or other emergency is preserved.
(6) That the natural, scenic, and aesthetic values of the proposed site will be preserved.
(7) That important archaeological sites, historic sites or structures, endangered flora or fauna, or other especially valuable land uses, will be preserved.
(8) That a minimum of potential danger, damage or injury to all adjoining parcels will result.
(9) That the proposed land use will not cause:
(a) A significant threat to public safety;
(b) An extraordinary potential public expense;
(c) The creation of nuisances; or
(d) A conflict with any law or regulation.
B. Required plans. In hearing and deciding upon special exceptions to be granted or denied under the provisions of this article, the burden of proof shall fall upon the applicant. The Zoning Hearing Board may require the applicant to provide such reasonable plans, specifications, studies, and other information as may be necessary for the Board to arrive at a fair, impartial, and informed determination. Such required information may include, but is not necessarily limited to, the following:
(1) Plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, erosion control, and their relationship to the location of the floodway or steep slope areas.
(2) Typical cross sections of the channel, elevations of land areas on both sides of the channel and of the areas to be occupied by structures, high water information.
(3) A plan view showing elevations or contours, pertinent structures, fill or storage elevations, the size, location and arrangement of proposed structures, the locations of streets, water supply facilities, soil types and other similar information.
(4) Profiles of the slope and of any proposed driveway serving a steep slope area.
(5) Specifications of building materials and construction, floodproofing or slope stabilization measures, filling, grading, storage of materials, channel improvement, and similar facilities.
C. Historic structures. The Zoning Hearing Board may waive any of the requirements of this section for any structure listed on the National Register of Historic Places or the Pennsylvania Register of Historic Sites and Landmarks.
The following conditions shall apply to live/work units:
A.
Live/work units shall be permitted only in the Village Overlay District.
B.
The commercial component of the live/work unit may be occupied by any use permitted in §
240-66C(2).
C.
The residential and commercial spaces shall be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately.
D.
Residential areas are permitted above, to the side, or in the back of the commercial component, provided that there is internal access between the residential and commercial space.
E.
The commercial component shall be designated on the plan submitted to the Zoning Hearing Board. Should the commercial component cease to remain in use, said component may be converted to a residential use, occupied by the same tenant.
F.
No more than two employees (excluding residents of the dwelling unit) shall work or report to work on the premises, and the employment of any persons who do not reside in the live/work unit shall comply with all applicable building code requirements.
G.
The external access for the commercial component shall be oriented to the street and should have at least one external entrance/exit separate from the living space. The entrance to the commercial component shall be located on the ground level.
H.
The live/work unit shall be required to provide parking for the commercial use in accordance with Article
IX. The
dwelling unit may share parking with the commercial use.
I.
The residential component of a live/work unit shall occupy a minimum of 40% of the usable square floor area of the combined commercial/office and residential components.
Cumulative gatherings of more than 300 people per site shall be subject to the following conditions:
A. Not more than three events per year. Mass outdoor gatherings shall be periodic and shall not exceed three events per year, which shall not exceed two days each, and shall be accessory to a primary permitted use.
B. Control of nuisances. The applicant shall prepare a plan for the orderly control of parking, litter, noise, lighting, traffic, emergency access, sanitation, automobile and pedestrian movement.
C. Hours of operation. The Township may impose reasonable limitations on hours of operation.
D. Removal of structures. All structures shall be completely removed within seven days of the conclusion of each event.
E. Access. Access shall be from a major or minor collector road.
Uses meeting the definition of neighborhood commercial uses shall be permitted in the Village Overlay District. The following conditions shall apply to neighborhood commercial uses:
A. When an adaptive use of an historic structure is employed, the neighborhood commercial uses may occupy up to 3,500 gross square feet of floor area.
B. New buildings housing neighborhood commercial uses may occupy up to 2,000 gross square feet of floor area.
C. Parking shall be provided at a rate of one space per 500 gross square feet of floor area.
D. Parking for uses located in new structures shall be located to the side or rear of the building.
Restaurants shall be permitted in the Mortonville section of the Village Overlay District as an adaptive reuse of an historic structure, in accordance with §
240-82 and the following:
A. Restaurants may occupy up to 3,500 gross square feet of floor area.
B. Applicants shall demonstrate adequate provisions for delivery and trash removal. Trash areas shall be screened in accordance with §
185-24M(4) of Chapter
185, Subdivision and Land Development.
C. Parking shall be provided at a rate of one space per 150 gross square feet of floor area. Shared parking may be employed.
Uses meeting the definition of retail services shall be permitted in the Mortonville section of the Village Overlay District. The following conditions shall apply to retail service uses:
A. When an adaptive use of an historic structure is employed, the retail service uses may occupy up to 3,500 gross square feet of floor area.
B. New buildings housing retail service uses may occupy up to 2,000 gross square feet of floor area.
C. Parking shall be provided at a rate of one space per 500 gross square feet of floor area.
D. Parking for uses located in new structures shall be located to the side or rear of the building.
[Added 10-13-2014 by Ord. No. 2014-01; amended 9-12-2016 by Ord. No. 2016-02]
A. A commercial equine activity that involves: 1) the boarding of more than 20 horses that are not owned by the owner or operator; 2) providing lessons or training in handling, riding or driving to more than 10 individuals per week; or 3) providing more than five group lessons in handling, riding or driving per week to a group of at least six people, shall be permitted by special exception subject to the applicant complying with the following conditions:
(1) If the portion of the property on which the commercial equine activity is conducted is within the identified floodplain area, the owner shall provide proof of a written manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices as required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual.
[Amended 7-10-2017 by Ord. No. 2017-03]
(2) If the portion of the property on which the commercial equine activity is conducted is within the Steep Slope Conservation Overlay District, the owner shall provide written proof of a manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual as well as written proof of a written agricultural and erosion and sediment control plan, if required by DEP.
(3) The Board may require landscape buffers and screening to soften the visibility, at the property line and beyond, of outdoor activity and event areas, indoor riding facilities, lighting and stables or other structures; the Board shall be guided by the criteria of §
185-24M of Chapter
185, Subdivision and Land Development, of the Code of the Township of Newlin.
(4) If the commercial equine activity occurs outdoors, it shall be limited to daylight hours and shall be conducted in compliance with the standards of this section and all other standards applicable to outdoor uses.
(5) All parking for the commercial equine activity shall be provided on the property. Applicant shall demonstrate sufficient on-site parking to accommodate the number and type of vehicles that are proposed to occupy the property during periods of the highest demand for parking. Unimproved overflow parking must be at least 10 feet from the property line.
(6) Manure storage shall be set back a minimum of 100 feet from the property line and shall be designed and operated in accordance with all applicable laws and regulations, and permits shall be secured from all governmental agencies having jurisdiction over this activity. The owner shall provide proof of a written manure management plan or certified nutrient management plan, as applicable, which identifies any animal concentration areas and best management practices as required by the Department of Environmental Protection (DEP) and DEP's Manure Management Manual.
B. Any commercial equine activity that involves an equestrian event shall be permitted by special exception subject to the applicant complying with the following conditions:
(2) If the equestrian event will result in nonresident horses or spectators coming to the property, the Zoning Hearing Board may impose reasonable conditions on the operation of such activities where it deems such conditions necessary to mitigate potential off-site impacts. Such conditions may include, but are not limited to: limits on the number of shows/competitions; hours such shows/competitions may occur; and the number and type of on-site vendors.
C. Indoor riding facilities. A maximum of one indoor riding facility shall be permitted per tract or lot by special exception, subject to the applicant complying with the following conditions:
(1) Maximum building coverage: 20,000 square feet.
(3) The area selected for an indoor riding facility shall be proximate to the stables.
(4) If the indoor riding facility is located closer than 150 feet to a property line, the applicant shall demonstrate compliance with the lighting requirements of §
240-54 of this chapter. All lights shall be full cutoff fixtures.