Individuals Concerned for Newtown Square

ARTICLE XIX
SU-1 Special Use Districts
[Added 1-10-1983 by OrD. No. 1983-1]

§ 172-86.  Purpose.

The purpose of this Article is to establish a zoning district which will act as a buffer zone between residential land uses and other more intense nonresidential land uses or to reflect historic or difficult geographic features of particular tracts such as soil type, marsh areas, slopes and ravines or a combination thereof.

§ 172-87.  Applicability

In SU-1 Special Use Districts, the regulations contained in this Article shall apply.

§ 172-88.  Use regulations.

A.                  Uses as of right.  Any use of a building or lot located in the SU-1 Special Use District which is in lawful existence on the effective date of the ordinance establishing such district (Ordinance No. 1983-1) and which, in the absence of this provision, would not be in conformity with the provisions of this Article shall be permitted to continue as of right in, on or at such building or lot.

B.                   Conditional use.  A building may be erected, altered, occupied or used and a lot may be used or occupied for any of the following purposes, provided that such structure, erection, alteration, occupation or use is in conformity with a conditional use plan approved by the Board of Supervisors:

(1)                 Scientific research laboratories, provided that there is no commercial production and no storage of any commodity or substance whatsoever at such laboratories except for such storage as is necessary for the conduct of scientific research, and provided further that such laboratories do not emit odors, dust, fumes, smoke, heat or gas or discharge any uncontrolled liquid or solid wastes or cause vibrations, noise or glare which may be detrimental to the public health, safety, comfort, convenience or general welfare or which may cause damage to or unreasonably interfere with the use and enjoyment of public or private property.

(2)                 Offices.

(a)                 Offices for administrative, executive, governmental, professional, sales and/or similar uses and/or for the provision of medical and health care services on an outpatient basis only, provided that no commercial storage, exchange, sales or delivery of merchandise is conducted in or from such offices, and provided further that:

[1]           Any building used or to be used for the purposes permitted by Subsections B(l) and (2) hereof which contains eight thousand (8,000) net square feet or less of floor space shall be constructed solely for the use of or shall be used or occupied solely by a single business entity and/or affiliates of such single business entity.

[2]           Any building used or to be used for the purposes permitted by Subsections B(l) and (2) hereof which contain more than eight thousand (8,000) net square feet of floor space may be constructed for the use of or occupancy by and may be used or occupied by more than one (1) business entity, provided that each such business entity shall lease and use or occupy no less than four thousand (4,000) net square feet of floor space in such building.  [Amended 3-11-1985 by Ord. No. 1985-4]

[3]           Any offices which are used for the provision of outpatient medical and health-care services shall not provide beds for recipients of such services.

(b)                 As used in Subsection B(2)(a)[1] and [2] hereof, the term “business entity” means person, partnership, corporation, unincorporated association, joint venture, governmental agency, public or private foundation, education institution or .similar organization.  The term “affiliate” means a parent, subsidiary, division or affiliate of a corporation or any business entity having a similar relationship to a business entity which may use or occupy offices in an office building under this section.

(3)                 Any use permitted in R-5 Residence Districts, provided that all provisions of Article XII are met to the extent that they are more restrictive than this Article, in addition to the requirements of this Article, except that § 172-49E shall supersede the provision in § 172-91C as it relates to the minimum distance between buildings used for purposes allowed in the R-5 Residence Districts.  [Amended 9-24-1984 by Ord. No. 1984-10]

(4)                 Any use of an existing building, landmark or site which has been designated as historic by the federal government, the commonwealth or which is listed on the Historic Sites Map proposed by the Delaware County Planning Commission of December 1979 as part of a proposed Comprehensive Plan for New town, provided that such use is compatible with the historic nature of such building, landmark or site and will contribute to the preservation of such building, landmark or site.

(5)                 Golf courses, if over two thousand five hundred (2,500) yards in length for a nine-hole course or if over five thousand (5,000) yards for an eighteen-hole course, provided that such courses are not illuminated for nighttime use.

(6)                 Accessory uses in the same building or on the same lot with and customarily incidental to any of the uses permitted by Subsections B(l) through (5) hereof, provided that such accessory uses will not be detrimental to the public health, safety, comfort, convenience or general welfare or cause damage to or unreasonably interfere with the use or enjoyment of public or private property, and provided further that such accessory uses are approved in conjunction with approval, pursuant to §§ 172-89 and

172-90, of the uses described in Subsections B(l) through (5) hereof.  Accessory uses permitted by this Subsection B(6) shall include, without limitation of the foregoing:

(a)                 A cafeteria located within a building constructed for and/or used for the purposes described in Subsections B(l) and (2) hereof, provided that such cafeteria is operated by or on behalf of any employer or employers who use or occupy offices within such building and, provided further, that any such cafeteria is operated for the exclusive use of employers or business visitors of such employer or employers and, provided further, that no more than ten percent (10%) of the net floor space of any such building is used for cafeteria purposes.

§ 172-89.  Approval of conditional use.

A.                  Planning Commission review.

(1)                 In reviewing an application for approval of any preliminary of final plans for a proposed conditional use permitted by § 172-88, the Planning Commission shall consider the following factors:

(a)                 Whether the proposed conditional use will have a detrimental effect on the health, safety, comfort, convenience, morals or general welfare of the public and, in particular, the residents in the immediate vicinity of the proposed conditional use.

(b)                 Whether the proposed conditional use and all structures, equipment or materials used therefor or therein are readily accessible to police and fire protection.

(c)                 Whether the proposed conditional use will be of such dimension, location and character as to be consistent with the scheme of development prescribed by the Township Comprehensive Plan.

(d)                 Whether the proposed conditional use will include traffic accessways which are adequate to provide safe ingress and egress to and from public streets and highways without undue congestion to or interference with normal traffic flow within the township.

(e)                 Whether the proposed conditional use makes adequate provision for safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the site of the proposed conditional use.

(f)                  Whether the site of the proposed conditional use will be adequately drained without adversely affecting adjoining properties, and whether all slopes and grade on the site will be adequately protected against erosion.

(g)                 Whether the proposed conditional use will unduly interfere with or adversely affect natural resources, such as streams, lakes, swamps, springs, wetlands, woodlands, slopes and grades, wildlife habitats and trees over eight (8) inches in diameter measured three (3) feet above the base of the trunk, which are located on the site of the proposed conditional use.

(h)                 Whether merchandise, goods, products, articles or equipment will be stored or displayed outside of a building or on a lot for which a conditional use is proposed, and whether such items will be stored or displayed inside a building for which a conditional use is proposed in a manner which renders such items visible from beyond the property line of such use.

(i)                   Whether the proposed conditional use will diminish the value of properties adjacent to or in the vicinity of the proposed conditional use.

(j)                   Whether the proposed conditional use is physically suited to the site of such proposed use in view of the topographical, soil, hydrogeological and environmental characteristics of such site.

(k)                 Whether the proposed conditional use will cause an unreasonable and substantial interference with the use and enjoyment of properties to or in the vicinity of the proposed use.

(l)                   Whether the proposed conditional use is compatible with the existing use of the immediate vicinity.

(m)                Whether the proposed conditional use will result in an unreasonable density of population or overcrowding of the land.

(n)                 Whether the proposed conditional use will deprive adjacent properties of adequate light, and air.

(o)                 Whether the proposed conditional use will substantially burden existing sewerage facilities, schools, parks, utilities and other public services.

(p)                 Whether the proposed conditional use complies with all sections of this Article particularly as related to land development and subdivision standards.

(2)                 On the basis of this review, the Planning Commission shall make a recommendation to the Board of Supervisors as to whether the application and plans should be approved, approved subject to conditions or rejected.  The Board of Supervisors shall consider but shall not be bound by the recommendations of the Commission.

B.                   Factors for consideration by Board of Supervisors.  In determining whether to approve, approve subject to conditions or reject an application for preliminary or final plans for a conditional use permitted by § 172-88, the Board of Supervisors  shall  consider the following factors:

(1)                 The recommendations of the Planning Commission.

(2)                 The factors set forth in Subsection A hereof.

(3)                 Whether the criteria for approval set forth in Subsection C hereof have been satisfied.

C.                   Criteria for approval by Board of Supervisors.  The Board of Supervisors shall approve an application and plans for a conditional use permitted by § 172-88 only if it has determined that each of the following criteria are or will be satisfied:

(1)                 The proposed conditional use will not have a detrimental effect on the health, safety, comfort, convenience, morals or general welfare of the public and, in particular, residents in the immediate neighborhood.

(2)                 The proposed conditional use and all structures, equipment or materials used therefor or therein shall be readily accessible to police and fire protection.

(3)                 The proposed conditional use shall be of such dimension, location and character as to be compatible with existing uses in the neighborhood and the scheme of development set forth in §§ 172-3 and 172-4.

(4)                 The proposed conditional use shall not create an increase in traffic of such character as to create a high probability of danger to the health and safety of the community.

(5)                 The proposed conditional use shall not unduly interfere with or damage natural resources such as streams, lakes, swamps, springs, wetlands, woodlands, slopes and grades, wildlife habitats and trees over eight (8) inches in diameter measured three (3) feet above the base of the trunk which are located on or near the site of the proposed conditional use.

(6)                 The proposed conditional use shall not involve the storage or display outside of a building or on a lot for which a conditional use is proposed of any merchandise, goods, products, articles or equipment, except for living plants and motor vehicles parked outside such building or on such lot in conformity with the requirements of Article XXIV.

(7)                 The proposed conditional use shall not involve the storage or display inside a building of merchandise, goods, products, articles or equipment if such storage or display is visible from outside the building beyond the property lines of the site on which the conditional use is proposed to be located.

(8)                 The proposed conditional use shall not cause a substantial decrease in the value of properties in the vicinity of the proposed use.

(9)                 The proposed conditional use shall be physically suited to the land on which it is proposed to be located in view of the topography, hydrogeology, soil and other physical features of the land.

(10)              The proposed conditional use shall not create an unreasonable and substantial interference with the use and enjoyment of properties in the vicinity of the proposed use.

§ 172-90.  Compliance with land development legislation.

Applications for special use approval shall be subject to and comply with the land development and subdivision ordinances of Newtown Township.  In addition, location, dimensions and arrangements of all areas devoted to plantings, lawns, trees and other green areas shall also be shown on the plans.

§ 172-91.  Area regulations.

A.                  Lot area.  Every lot shall have a lot area of three (3) acres or more, and such lot shall be not less than three hundred (300) feet in width at the building line.  The tract of land on which each permitted use is conducted shall be held in single ownership and shall be operated under unified contract or management.

B.                   Building area.  No more than thirty percent (30%) of the total square footage of each lot for which a conditional use is proposed shall be occupied by buildings, and not more than sixty percent (60%) of the total square footage of each lot shall be occupied by a combination of buildings and parking areas.

C.                   Setback.  All buildings shall be set back no less than two hundred (200) feet from all street rights-of-way against which the lot which is the site of the proposed conditional use abuts and no less than one hundred (100) feet from all other property lines or other buildings located on the lot, except that the Board of Supervisors may, upon individual application, reduce the setback to not less than seventy-five (75) feet from all right-of-way lines against which the lot abuts where it is shown by the applicant that such reduction in setback is necessary due to the unusual slope, size or topography of the lot.

(1)                 “Where, in conjunction with special use district development plan approval, an applicant donates land to abutting property owners, the applicant may, with the agreement of the Board of Supervisors, include some or all of the donated land as part of the setback from property lines other than street rights-of-way.  [Amended 9-12-1983 by Ord. No. 1983-11]

D.                  Landscaping.  Each lot on which a permitted conditional use is conducted shall be landscaped or otherwise screened by the use of trees, plantings or other means in a manner which will ensure that the lot and conditional use conducted thereon will not detract from and shall adequately safeguard the residential character of adjacent districts.

§ 172-92.  Height regulations.

No building constructed for a conditional use shall have more than three (3) stories, exclusive of basement, nor shall it exceed forty-five (45) feet in height.

§ 172-93.  Buffer requirements.

Along each side or rear property line of a lot which directly abuts a residence district of the township or similar district in an adjoining municipality, a fence and a buffer planting strip of not less than fifty (50) feet in width shall be provided.  On the buffer planting strip there shall be placed shrubbery, trees or other plantings sufficient to screen the lot and the conditional use conducted thereon from abutting residential districts and to ensure that the residential character of abutting districts is not adversely affected by such lot or any conditional use conducted thereon.  Along each street line of the lot a buffer strip of not less than twenty-five (25) feet in width shall be provided which shall be landscaped in the manner provided above and which may include sidewalks and accessways necessary or appropriate for the conditional use conducted on the lot.

§ 172-94.  Utilities; waste storage.

A.                  A conditional use permitted under this Article shall be served by public sanitary sewers and water.  If public sanitary sewers are not available, such conditional use shall be serviced by an on-site sewage facility constructed to and operated in accordance with the township standards.

B.                   All utility lines servicing a conditional use permitted under this Article shall be placed underground within the property lines of the lot on which the special use is located.  All utility equipment, other than  utility lines, located aboveground shall be screened by shrubbery, plantings or other landscaping.

C.                   All trash, garbage, rubbish and debris of every kind generated by the special use shall be stored within a completely enclosed building in a fireproofed room and shall be collected and disposed of by private collectors, at no cost to the township, as often as is reasonably necessary to preserve the public health, safety, comfort, convenience and general welfare.  If dumpster-type containers are used, such containers shall be stored within a completely enclosed building.

§ 172-95.  Amendments to plan; fee.

A.                  Any SU Special Use District development plan which has been approved by the Board of Supervisors pursuant to §§ 172-89 and 172-90 may be amended by the owner, developer or builder in accordance with the following procedures:

(1)                 The person seeking an amendment to the plan (“applicant”) shall submit to the township an Application for Amendment of Special Use District Plan, together with information describing the proposed amendment.  The Zoning Officer shall verify the accuracy of all documents submitted by the applicant in conjunction with the application.

(2)                 The application and supporting documents shall be submitted to the township.  The Board of Supervisors shall determine whether the proposed amendment is of sufficient scope to warrant further site review under the procedures set forth in §§ 172-89 and 172-90.  If it is determined that further site review is necessary, the Board of Supervisors shall decide whether to approve or deny   the proposed amendment on the basis of such site review.  The zoning fees established under Articles XXX and XXII shall apply in such cases.

B.                   If it is determined that the proposed amendment is not of sufficient scope to warrant further site review, the Board of Supervisors shall decide on the basis of the application and supporting documents whether to approve or deny the proposed amendment.  A zoning fee equal to that required to be paid for Planning Commission reviews shall be applied in such cases.  In all cases, the Board of Supervisors shall advise the Zoning Officer of its decision.

§ 172-96.  Modifications of buildings and lots.

A.                  No physical modification or extension of or change in use of a building or lot for which an SU Special Use District development plan has been approved shall be permitted unless and