Individuals Concerned for Newtown Square

§ 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)[l] 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 Newtown, 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.