A.
The purpose of this article is to provide standards and procedures
for uses permitted by special exception and those by conditional use.
In these cases, the Zoning Hearing Board (ZHB) or the Board of Commissioners
may attach reasonable conditions and safeguards in addition to those
expressed in this article, as they may deem necessary to implement
the purposes of this chapter and those of the Planning Code, Act 247,
as amended.
B.
The reason for a use to require a special exception or conditional
use permit is the unusual and substantial impact it would exert upon
the area and upon the public health, safety, and welfare, coordinated
community development, parking and loading, traffic congestion, police
and fire protection, emergency preparedness, sewerage, schools, recreational
facilities, and public grounds.
A.
General requirements. In any instance where the ZHB is required to
consider a request for a special exception, the ZHB shall consider
the provisions of this article.
C.
Requirements where standards are not provided. In cases where this
chapter does not provide specific dimensional standards for uses permitted
by special exception, the ZHB shall apply the following general dimensional
standards:
(1)
In residential districts, the area, bulk, and any other applicable
requirements shall be no less stringent than those for single-family
dwellings having the most stringent requirements in the district where
the use is proposed.
(2)
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.
(3)
The ZHB may require additional, reasonable but more stringent standards than those required in § 395-151C(1) and (2) above, provided that the Board makes one or more of the following determinations:
(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 XXII, 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.
Hearings and decisions. Hearings of the ZHB and its decisions shall be in compliance with the following and §§ 395-181 and 395-182 of this chapter.
(1)
Public notice shall be given, and written notice shall be given
to the applicant, the zoning officer, such other persons as the governing
body shall designate by ordinance and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by ordinance or, in the
absence of ordinance provision, by rules of the Board. In addition
to the written notice provided herein, written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
(a)
The governing body may prescribe reasonable fees with respect
to hearings before the Zoning Hearing Board. Fees for said hearings
may include compensation for the secretary and members of the Zoning
Hearing Board, notice and advertising costs and necessary administrative
overhead connected with the hearing. The costs, however, shall not
include legal expenses of the Zoning Hearing Board, expenses for engineering,
architectural or other technical consultants or expert witness costs.
(b)
The first hearing before the Board or hearing officer shall
be commenced within 60 days from the date of receipt of the applicant's
application, unless the applicant has agreed in writing to an extension
of time. Each subsequent hearing before the Board or hearing officer
shall be held within 45 days of the prior hearing, unless otherwise
agreed to by the applicant in writing or on the record. An applicant
shall complete the presentation of his case-in-chief within 100 days
of the first hearing. Upon the request of the applicant, the Board
or hearing officer shall assure that the applicant receives at least
seven hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the applicant's case-in-chief.
And applicant may, upon request, be granted additional hearings to
complete his case-in-chief provided the persons opposed to the application
are granted an equal number of additional hearings. Persons opposed
to the application may, upon the written consent or consent on the
record by the applicant and municipality, be granted additional hearings
to complete their opposition to the application provided the applicant
is granted an equal number of additional hearings for rebuttal.
(2)
The hearings shall be conducted by the Board or the Board may
appoint any member or an independent attorney as a hearing officer.
The decision, or, where no decision is called for, the findings shall
be made by the Board; however, the appellant or the applicant, as
the case may be, in addition to the municipality, may, prior to the
decision of the hearing, waive decision or findings by the Board and
accept the decision or findings of the hearing officer as final.
(3)
The parties to the hearing shall be Tinicum Township, any person
affected by the application who has made timely appearance of record
before the Board, and any other person including civic or community
organizations permitted to appear by the Board. The Board shall have
power to require that all persons who wish to be considered parties
enter appearances in writing on forms provided by the Board for that
purpose.
(4)
The chairman or acting chairman of the Board or the hearing
officer presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
(5)
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(6)
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
(7)
The Board or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings. The appearance fee
for a stenographer shall be shared equally by the applicant and the
Board. The cost of the original transcript shall be paid by the Board
if the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases, the party requesting the original transcript shall bear the
cost thereof.
(8)
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
(9)
The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Except for challenges filed under Section 916.1 of the MPC, where the board fails to render the decision within the period required by this subsection or fails to commence, conduct or complete the required hearing as provided in Subsection D(3), the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection D(1) of this section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(10)
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the day following its date. To all
other persons who have filed their name and address with the Board
not later than the last day of the hearing, the Board shall provide
by mail or otherwise, brief notice of the decision or findings and
a statement of the place at which the full decision or findings may
be examined.
E.
Residential conversions. Residential conversions shall be permitted
by special exception, only in the R-2, R-3 and C-1 Districts.
(1)
To be eligible for conversion, a single-family detached dwelling
must contain a minimum of 750 square feet of floor area for each unit.
The conversion of single-family semidetached (twin), single-family
attached (row/townhouse) and two-family detached (duplex) dwellings
is not permitted.
(2)
The total number of units created by the conversion shall not
exceed two.
(3)
Conversions shall comply with all requirements of the district
in which they are located.
(4)
Not less than two parking spaces shall be created for each unit
created by the conversion.
(5)
Each unit will be a complete, separate housekeeping unit that
is separate from every other unit.
(6)
All utility connections shall meet the utility company standards.
(7)
No external alteration inconsistent with the residential use
or architectural character of the dwelling or the neighborhood shall
be permitted.
(8)
Separate entrances to the outside or to a common hallway opening
to the outside shall be provided for each dwelling unit.
(9)
Applications for conversion shall be submitted to the Code Enforcement
Officer (CEO) and shall include the following information items:
(a)
Floor plan showing the layout, including all dimensions of each
unit.
(b)
Site development plan showing and locating the dwelling and
other existing buildings; all property lines, any proposed additions,
building set back lines, location and size of all underground utilities,
as well as the length, width and function of all rights-of-way, easements
and required parking spaces.
(10)
After processing the application, the CEO shall forward it to
the ZHB for consideration as a special exception.
F.
Church and other religious uses.
G.
Public educational use.
H.
Child day-care centers. Child day-care centers shall be permitted
as a special exception in the C-1, C-2, C-3 Districts; as a special
exception in R-1 and R-2 Districts, as part of a school or church
and as an accessory use in the C-2, C-3 and IB Districts.
(1)
A fence not less than four feet high shall be placed around
all outdoor play areas. The bottom end of such fence must reach the
ground to prevent children from crawling underneath.
(2)
Outdoor play activities shall be limited to the hours between
9:00 a.m. and 7:00 p.m.
(5)
Each facility shall provide for the discharge and pickup of
children on a driveway, approved parking area or directly in front
of the facility. In any case, the area selected for discharge and
pickup must be free from traffic hazards to children.
(6)
No part of a facility may be located within 200 feet of gasoline
pumps or underground storage tanks or any other storage area for explosive
or hazardous materials.
(7)
Whenever possible, the drop-off area shall be located immediately
adjacent to the facility. The drop-off area shall be designed in such
a way that pedestrians do not cross-vehicular traffic lanes in any
parking area or driveway. The drop-off area may be designed either
as a part of the on-site parking area or the required drop-off spaces
may be designed as part of a driveway providing direct access to the
day-care center.
(8)
All pedestrian pathways shall be adequately lighted for safety
and security if utilized during nondaylight hours. Specific areas
for lighting are entrance ways, pedestrian access to the outdoor play
areas, sidewalks used in nondaylight hours, drop-off areas, merchandise
delivery areas and all parking lots.
(9)
All facilities shall comply with the requirements of the district
in which they are located.
(10)
All facilities must be licensed and comply with all current
regulations of the Pennsylvania Department of Public Welfare (DPW)
and any other applicable state and local building and fire safety
codes.
(11)
The operator of any child day-care center will allow the CEO
to enter the property at reasonable times to inspect for compliance
with the requirements of this section and all other applicable municipal
and state ordinances and regulations.
I.
Gasoline service stations. Gasoline service stations shall be permitted
as a special exception in the C-2 District, and by right in the I-B
District subject to the requirements below:
(1)
Minimum lot area shall be 15,000 square feet.
(2)
All pumps shall be located outside of buildings.
(3)
All fuel containers in excess of 100 gallons shall be located
underground.
(4)
No service station shall be located within 200 feet of a school,
church, day-care center, nursing home, residential use 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 uses.
(5)
Hydraulic hoists, pits, and all lubrication, greasing, washing
and repair equipment shall be entirely within an enclosed building.
(6)
Exterior lighting shall be shielded so that it is deflected
from adjacent or nearby properties and from motorists on public streets.
(8)
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.
J.
Funeral homes. Funeral homes shall be permitted as a special exception
in the C-1 District only.
(1)
There shall be a lot area of not less than 15,000 square feet
for each funeral home.
(2)
Lot width shall be not less than 75 feet.
(4)
Loading and unloading areas for hearses or other service vehicles shall be screened from abutting or nearby residential properties by a wall or planted visual screen, as required in § 395-141.
(5)
No principal or accessory building in which any funeral related
activities take place shall be less than 20 feet from a side or rear
lot line that abuts a residential use or district.
K.
Auto sales/dealership. Automobile sales establishments shall be permitted
by special exception in the C-2 Commercial District subject to the
following requirement:
(1)
Repair and service of motor vehicles shall be limited to those
that do not require the use of a hydraulic lift or power tools. Hydraulic
lifts and power tools shall not be permitted for use in auto service
garage contained within an auto sales establishment.
L.
Office buildings. Office buildings shall be permitted as conditional
use in W-1 and W1-A Districts, subject to the following requirements.
(Office buildings are also permitted in the Industrial Heritage Overlay
District that contains its own regulations).
(1)
Office buildings shall comply with the Bulk and Area requirements of the W-1 District as per § 395-97.
(2)
Exterior lighting shall be arranged to protect adjoining properties
from direct or indirect glare or interference of any kind. All lighting
fixtures shall be equipped with glare shielding devices and shall
not exceed 20 feet in height.
N.
Bed-and-breakfast inns. Bed-and-breakfast inns shall be permitted
only by special exception, in the W-1 District.
(1)
Minimum lot area for a bed-and-breakfast (B&B) inn shall
be not less than 15,000 square feet.
(2)
All guests shall be transient with the length of stay not exceeding
seven days.
(3)
The number of lodging rooms shall not exceed 12.
(4)
The owner of the establishment shall reside on the premises.
(5)
There shall be not less than one paved parking space for every lodging room, plus two spaces for the resident family, plus one for each employee where such employees are present. The facility shall comply with all other applicable requirements of Article XXII, Parking Regulations.
(6)
Truck deliveries shall not be made prior to 7:00 a.m. nor later
than 7:00 p.m.
(8)
The facility shall have one bathroom for every two lodging rooms.
(9)
The owner or operator of the B&B may hold special events
such as weddings, anniversary celebrations, birthdays, and corporate
or private meetings upon the premises subject to the following conditions
and limitations:
(a)
The special event shall be for the benefit of or organized by
a guest the inn who rents the entire facility for the duration of
the special event that shall not exceed three consecutive days duration.
(b)
Such special event shall be held generally at the outside of
the facility, unless interior use shall be permitted by the CEO.
(c)
Music and entertainment shall not start prior to 11:00 a.m.
nor take place than 10:00 p.m.
O.
Aircraft and aircraft dependent uses. Aircraft and aircraft dependent
use shall be permitted by conditional use in the C-4A District subject
to the following requirement:
(1)
The contractual obligations of the Airport Capacity Enhancement
Program (CEP) must be met as a condition for the permission of aircraft
and aircraft-dependent uses.
A.
General requirements for review of conditional uses.
(1)
In any instance where the Board of Commissioners is required
to consider a request for a conditional use, the Commissioners shall
consider the following factors where appropriate:
(a)
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 will be made to protect sensitive environmental
features such as streams, lakes, wetlands, slopes and mature trees.
(b)
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 adverse impacts
caused by noise, lights, glare, odors, smoke, fumes, traffic, parking
loading and signage.
(c)
That the proposed conditional use will serve the best interest
of the Township, convenience of the community and the public health,
safety and welfare.
(d)
That the proposed use is consistent with the latest, adopted Community Development Objectives for Tinicum Township (see § 395-3).
(e)
That the proposed use promotes orderly development, proper population
density and the provision of adequate community facilities and services,
including police and fire protection.
(f)
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.
(2)
Financial hardship shall not be a basis for granting the conditional
use.
(3)
In granting any conditional use the Commissioners may attach
reasonable conditions and safeguards in addition to those expressed
in this chapter as they may deem necessary to implement the purposes
of the Planning Code 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 conditional use contained below
in appropriate sections of this article.
(4)
The following procedures shall be followed by the Tinicum municipal
governing body in the review of a conditional use application:
(a)
Where the governing body, in the Zoning Ordinance, has stated
conditional uses to be granted or denied by the governing body pursuant
to express standards and criteria, the governing body shall hold hearings
on and decide requests for such conditional uses in accordance with
such standards and criteria. The hearing shall be conducted by the
Board or the Board may appoint any member or an independent attorney
as a hearing officer. The decision, or, where no decision is called
for, the findings shall be made by the Board. However, the appellant
or the applicant, as the case may be, in addition to the Tinicum Township,
may, prior to the decision of the hearing, waive decision or findings
by the Board and accept the decision or findings of the hearing officer
as final. In granting a conditional use, the Board may attach such
reasonable conditions and safeguards, in addition to those expressed
in the ordinance, as it may deem necessary to implement the purposes
of this act in the Zoning Ordinance.
(b)
The governing body shall render a written decision or, when
no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the governing
body. Where the application is contested or denied, each decision
shall be accompanied by findings of fact or conclusions based thereon,
together with any reasons therefor. Conclusions based on any provisions
of this act or of any ordinance, rule or regulation shall contain
a reference to the provision relied on and the reasons why the conclusion
is deemed appropriate in the light of the facts found.
(c)
Where the governing body fails to render the decision within
the period required by this subsection or fails to commence, conduct
or complete the required hearing as provided in Section 908 (1.2)
of the MPC, the decision shall be deemed to have been rendered in
favor of the applicant unless the applicant has agreed in writing
or on the record to an extension of time. When a decision has been
rendered in favor of the applicant because of the failure of the governing
body to meet or render a decision as hereinabove provided, the governing
body shall give public notice of the decision within 10 days from
the last day it could have met to render a decision in the same manner
as required by the public notice requirements of this act. If the
governing body shall fail to provide such notice, the applicant may
do so.
(5)
Nothing in this subsection shall prejudice the right of any
party opposing the application to appeal the decision to a court of
competent jurisdiction. A copy of the final decision or, where no
decision is called for, of the findings shall be delivered to the
applicant personally or mailed to him no later than the day following
its date.
B.
Application and fees.
(1)
Application for a conditional use shall be made to the Board
of Commissioners and shall be accompanied by a plan of the property
showing the details of the use proposed, a traffic study, and other
such written and graphic material as required by the applicable provisions
of the latest adopted Delaware County Subdivision and Land Development
Ordinance (SALDO) as now exists or may be adopted in the future and
the applicable provisions of this chapter to adequately determine
the appropriateness of the use at the location proposed. The application
shall be accompanied by such fees as shall be established by the Commissioners,
in an amount to cover all costs incurred by the Township.
C.
Requirements where standards are not provided. Where specific standards are not provided in this Article for uses considered by Conditional Use permit, the Commissioners shall apply the general standards listed in § 395-151C.
D.
Standards of proof. An applicant for a conditional uses permit shall
have the burden of establishing both:
E.
Impact on public interest. In determining whether the allowance of
a conditional use permit is contrary to the public interest, the Commissioners
shall consider whether the application, if granted, will:
(1)
Adversely affect the public health, safety and welfare due to
changes in traffic conditions, air quality, noise levels, neighborhood
property values, natural features, and neighborhood aesthetic characteristics.
(2)
Be in accordance with the most recently adopted Community Development
Objectives for Tinicum Township.
(4)
Adversely affect the logical, efficient and economical extension
or provision of public services and facilities such as public water,
public sewers, refuse collection, police, fire protection and public
schools.
(5)
Otherwise adversely affect the public health, safety and welfare.
F.
Expiration of conditional use permits. Unless otherwise specified
by the Commissioners, 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.
G.
Public hearing.
(1)
Within 60 days after the applicant files an application for
a conditional use, the Board of Commissioners shall hold a public
hearing pursuant to public notice. The cost of such public hearing(s)
shall be borne by the applicant. Written notice of the public hearing
shall be given to the applicant, the CEO, such other persons that
the Commissioners may designate and to all others who have registered
their names with the Tinicum Township CEO for that purpose.
(2)
After a full review of the application, and the recommendations
of the Planning Commission, the Board of Commissioners shall render
a written decision, or when no decision is called for, make written
findings on the application. When the application is contested or
denied, the decision shall be accompanied by findings of fact or conclusions
based thereon, together with any reasons therefore. Such decision
or written finding shall be made by the Commissioners no later than
45 days after the last hearing.
(3)
The Board of Commissioners shall approve or disapprove the application
by resolution and shall send a written notification to the applicant
within 10 days of a decision.
H.
Method of determination.
(1)
The Board of Commissioners shall, within 45 days of the date
of the last hearing, render a final decision and shall by official
communication to the applicant either:
(2)
If the application involves a land development, a detailed plan
review shall be required by the Township after the application of
the conditional use has been acted upon by the Board of Commissioners.
This land development review shall be in accordance with the procedures
outlined in the latest adopted Delaware County SALDO, as now exists
or may be adopted in the future. If the applicant wishes to provide
the necessary documentation, the Board of Commissioners may consider
the concurrent review of the conditional use requested and the detailed
plans for the land development. Time limits for review of the detailed
plans, if necessary, will be governed by the latest adopted Delaware
County SALDO.
I.
Conference center. As noted in § 395-87 of Tinicum Township Industrial Heritage Corridor Overlay District.
K.
Motels and hotels. Hotels shall be permitted by conditional use in C-2, C-3, and W-1 Districts subject to the standards and criteria below, and in the IHCO Industrial Heritage Corridor Overlay subject to the standards and criteria below as well those specified in § 395-86A(3). Motels shall be permitted by conditional use in the C-3 District, subject to the standard and criteria below.
(1)
Lot area shall be not less than two acres.
(2)
Lot width shall be not less than 150 feet.
(3)
The front yard shall be not less than 45 feet.
(4)
The side yards shall be not less than 20 feet on each side.
(5)
The rear yard shall be not less than 20 feet.
(6)
Building coverage shall not exceed 40% of the lot area.
(7)
Impervious surface shall not exceed 70% of the lot area.
(9)
Building height shall not exceed that required in district where
the facility is located.
(10)
Hotels in the W-1 District are also subject to the following
standards and criteria:
(a)
Hotels must contain frontage along the Delaware River.
(b)
Hotels must include sit-down indoor and/or outdoor dining restaurant.
(c)
Public along the Delaware River must be provided on the hotel
property.
(d)
Viewsheds along the river should be preserved in the siting,
design and development of the hotel.
(e)
A marina for river access to the may be incorporated as part
of the hotel development.
L.
Townhouses, as conditional use in Industrial Heritage Overlay District. As noted in § 395-87 of Tinicum Township Industrial Heritage Corridor Overlay District.
M.
Apartments, as conditional use in Industrial Heritage Overlay District. As noted in § 395-87 of Tinicum Township Industrial Heritage Corridor Overlay District.
N.
Townhouses. The following regulations shall apply to townhouses in
the W-1 District which shall be permitted as a conditional use only.
(1)
There shall be a tract area of not less than one acre and a
lot area of not less than 2,000 square feet.
(2)
Lot width shall be not less than 20 feet.
(3)
Density shall be not more than 10 units per acre.
(4)
Not less than 25% of the tract shall be devoted to open space.
(5)
Setbacks shall be not less than 40 feet from the exterior road,
not less than 15 feet from a parking area, and not less than 20 feet
from tract boundaries.
(6)
There shall be not more than six units in a row.
(7)
The distance between buildings shall be not less than 30 feet.
(8)
Not more than two abutting units shall have the same front setback.
Variations in the front setback shall be not less than three feet.
O.
Apartments. The following regulations shall apply to apartments in
the W-1 District which shall be permitted as a conditional use only.
(1)
Tract area: five acres.
(2)
Lot width: 100 feet.
(3)
Front yard: 30 feet.
(4)
Side yards: 25 feet each side.
(5)
Rear yard: 30 feet.
(6)
Building coverage: 40%, maximum.
(7)
Impervious surface: 60%, maximum.
(8)
Building height: 45 feet or four stories, maximum.
(9)
Required offset: not more than two adjacent units with same
setback. Offset of at least four feet is required.
