In addition to the general standards for all special exceptions as contained in §
160-49, the specific standards for the particular uses allowed by special exception are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.
[Amended 10-6-2003 by Ord. No. 2003-3; 12-7-2009 by Ord. No. 2009-3]
In an R Zone and a V Zone and subject to the requirements of
that zone, except as herein modified and provided:
A. Access
shall be via an arterial or collector street as designated by the
Borough Comprehensive Plan.
B. Public
sewer and public water must be utilized.
C. Buffers
and screens shall be provided as necessary to adequately protect adjacent
properties. This includes, but is not limited, to fences, walls, planting
and open spaces.
D. Each convalescent or nursing home must comply with all applicable
requirements of State and Federal laws and regulations.
In any zone and subject to the requirements of the zone in which
located, except as herein modified and provided:
A. Expansion
of the nonconformity shall be confined to the lot on which it is located
on the effective date of this chapter or any amendment thereto creating
the nonconformity.
B. The total
of all such expansions or alterations of use shall not exceed an additional
35% of the area of those buildings or structures devoted to the nonconforming
use as they existed on the date on which such buildings or structures
first became nonconformities.
C. Provisions
for driveways, off-street parking and off-street loading shall be
consistent with standards required by this chapter.
D. Provision
for yards, building height and building area shall be consistent with
the standards required for permitted uses in the zone in which the
nonconformity in question is located.
E. Appearance
should be harmonious with surrounding properties. This feature includes,
but is not limited to, landscaping, enclosure of principal and accessory
uses, height control, sign control, architectural control and maintenance
in good conditions of all improvements and open spaces.
F. Buffers
and screens shall be provided as necessary to adequately protect adjacent
properties. This includes, but is not limited to, fences, walls, planting
and open spaces.
G. The expansion shall not create new dimensional nonconformities or
further increase existing dimensional nonconformities.
[Amended 10-6-2003 by Ord. No. 2003-3]
In a V Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Buildings
must be set back at least 50 feet from any street line.
B. Fuel pumps
must be set back at least 25 feet from any street line.
C. The number
of access drives may not exceed two per lot on any one street frontage.
Access drives must be located as follows:
(1) Minimum
offset from intersection of any two street right-of-way lines: 40
feet.
(2) Side
lot line offset: 10 feet.
(5) Minimum
separation of drives on same lot: 25 feet.
D. Except
along access drives, a concrete curb eight inches in height must be
placed along all street right-of-way lines.
E. All lights
must be diverted toward the gas station or downward on the lot.
F. No outdoor
stockpiling of tires or outdoor storage of trash is permitted. An
area enclosed by a wall or fence, screened from view of adjacent properties,
shall be provided whenever outdoor storage is required. No materials
may be stored so as to create fire hazard.
In an R Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Access
must be via an arterial street or collector street as designated in
the Borough Comprehensive Plan.
B. No sale of general hardware, power tools or motorized equipment is
permitted and no outdoor display of tools or equipment is permitted.
[Amended 10-6-2003 by Ord. No. 2003-3]
In a V Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. The area
shall be screened from view of adjacent properties with a wall, fence
or planting whenever outdoor storage is required.
B. No materials may be stored so as to create a fire, safety or health
hazard.
In any zone and subject to the requirements of the zone in which
located, except as herein modified and provided:
A. In a V
Zone, permitted occupations or professions shall include the following:
physician, dentist, clergyman, lawyer, engineer, surveyor, accountant,
architect, teacher, artist, licensed insurance or real estate agent,
seamstress, barber, beautician and similar service occupations and
professions. In an R Zone, permitted occupations or professions shall
include those listed above except the following: physician, dentist,
barber and beautician.
B. A home
occupation or profession may be carried on in a dwelling unit or in
a structure accessory to a dwelling unit. The floor area devoted to
a home occupation or profession shall be equivalent to not more than
30% of the ground floor area of the dwelling unit.
C. No more
than two nonresidents of the dwelling unit may be employed.
D. The character
or external appearance of the dwelling unit must be that of a dwelling.
No display or products may be shown so as to be visible from outside
the dwelling unit. A name plate not larger than two square feet in
area is permitted. It must be illuminated only by indirect lighting.
E. Besides the required parking for the dwelling unit, additional off-street
parking is required as follows:
(1) One space for the home occupation and one space for each nonresident
employee; and
(2) Two additional spaces for a physician, dentist, barber or beauty
shop.
In an R Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Access
must be via an arterial street or collector street as designated in
the Borough Comprehensive Plan.
B. No sale of general hardware, power tools or motorized equipment is
permitted and no outdoor display of tools or equipment is permitted.
In an R Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Minimum
lot area shall be 40,000 square feet.
B. Minimum
lot width shall be 150 feet.
C. Minimum
side setbacks of 25 feet each shall be provided.
D. All parking
areas shall be located at least 10 feet from any property line or
street line.
E. Access
shall be via an arterial or collector street as designated by the
Borough Comprehensive Plan.
F. Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes but is not limited to
fences, walls, planting and open spaces.
In a V Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Minimum
lot area shall be 40,000 square feet.
B. Minimum
lot width shall be 150 feet.
C. The area
used for junkyard purposes shall be completely enclosed with a solid
fence or wall, at least eight feet high constructed of plank boards,
brick, cinder block or concrete, with access only through solid gates.
Such fence or wall shall be set back at least 20 feet from any side
or rear property line and at least 35 feet from any street line.
D. The contents
of a junkyard shall not be placed or deposited to a height greater
than the height of the fence or wall herein prescribed.
E. No materials may be stored so as to create a fire, safety or health
hazard.
In a V Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Setbacks.
All animal shelters, fenced enclosures and runs shall be located at
least 50 feet from any property line or street line and shall be sufficiently
screened and insulated so as to protect adjacent properties from inappropriate
noise, odor and other disturbances.
B. Provision shall be made for adequate disposal of animal wastes.
In a V Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Manufacturing
or industrial establishments may not:
(1) Cause
dust, smoke, fumes, gas or offensive odors to be disseminated beyond
the boundaries of the lot.
(2) Cause
vibration beyond the boundaries of the lot.
(3) Cause
noise exceeding that of adjacent street traffic.
[Amended 10-6-2003 by Ord. No. 2003-3]
(4) Cause
glare observable from beyond the boundaries of the lot.
(5) Constitute
an unusual fire or explosion hazard.
B. All areas for parking, service, storage and/or other elements which
because of their appearance would be offensive to those occupying
adjoining lots or those on the street shall be screened, landscaped
or otherwise treated to eliminate the offensive condition.
In an R Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Minimum
lot area shall be 40,000 square feet.
B. Minimum
lot width shall be 150 feet.
C. Minimum
side setbacks of 25 feet each shall be provided.
D. All parking
areas shall be located at least 10 feet from any property line or
street line.
E. Access
shall be via an arterial or collector street as designated by the
Borough Comprehensive Plan.
F. Public
sewer and public water must be utilized.
G. Appearance
shall be harmonious with adjoining properties. This feature includes,
but is not limited to, landscaping, height, signs and architecture.
H. Buffers
and screens shall be provided as necessary to adequately protect adjacent
properties. This includes, but is not limited to, fences, walls, planting
and open spaces.
I. Accessory services, including laboratories and pharmacies for the
use of patients visiting medical practitioners in the clinic, may
be permitted as part of the clinic facility, subject to the following
specific conditions:
(1) All entrances to parts of the building in which these accessory services
are provided shall be from within the building, and any direct access
from the street is prohibited.
(2) The hours during which these services are provided shall be the same
as those during which medical practitioners are receiving patients.
(3) Signs or other evidence advertising or indicating the provision of
these services visible from outside the building are prohibited, except
that there may be erected one sign not exceeding two square feet in
area attached to the building, any illumination thereof being white,
nonflashing and limited to an enclosed lamp design.
In an R Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. A mobile
home park shall be located on a tract having an area of at least three
acres. Such tract shall have at least 200 feet of frontage along an
existing public street having a minimum 22 feet cartway width.
[Amended 12-7-2009 by Ord. No. 2009-3]
B. Each lot
in a mobile home park shall be not less than 6,000 square feet in
area and not less than 50 feet in width.
C. All buildings
shall be located at least 50 feet from any property line defining
the external boundary of the mobile home park.
D. Each lot
in a mobile home park shall provide setbacks as specified in the Borough
Subdivision and Land Development Ordinance.
E. Public
sewer and public water must be utilized.
F. Along
each property line separating the mobile home park from adjacent properties
and public streets, a buffer yard shall be provided and shall be at
least 15 feet in depth measured from the property line. Buffer yards
shall be naturally landscaped and shall not be used for building,
parking, loading or storage purposes. Except for access drives or
pedestrian walks permitted by the Borough, a buffer yard shall be
continuous for the entire length of a property line.
G. Buffers
and screens shall be provided as necessary to adequately protect adjacent
properties. This includes, but is not limited to, fences, walls, planting
and open spaces.
H. A mobile home park must comply with all requirements of Chapter
138, Subdivision and Land Development.
[Added 12-7-2009 by Ord.
No. 2009-3]
A. Parking. Parking requirements in accordance with §
160-11 shall apply.
B. Lot consolidation. Lot consolidation restrictions in accordance Section
_____ shall apply.
C. Signage. An advertising sign must be attached to the structure and located on the front facade of a building structure and shall be in accordance with §
160-9, "Outdoor Signs." Freestanding signs are prohibited.
[Amended 12-7-2009 by Ord. No. 2009-3]
In an R Zone or V Zone and subject to the requirements of that
zone, except as herein modified and provided:
A. R Zone:
Lot area requirement for each unit: 5,000 square feet of minimum lot
area/unit.
B. Z Zone:
no minimum lot area (§ 160-16.B shall apply).
C. Where
an existing dwelling is converted to a multi-family or two-family
dwelling, the character of the existing structure shall be maintained.
No exterior modifications shall be permitted which alters the original
style of the dwelling, its doors, windows or other details.
D. In the case of a multi-family conversion or two-family conversion,
public sewer and public water must be utilized.
[Amended 12-7-2009 by Ord. No. 2009-3]
In an R or V Zone and subject to the requirements of the zone
in which located, except as herein modified and provided:
A. In the
case of the multi-family dwelling where individual dwelling units
are located on a single lot and share with other units a common yard
area (e.g., garden apartments), the following requirements shall apply:
(1) Lot
area in the R Zone shall be three acres minimum and provide a minimum
of 40,000 square feet for each multi-family structure. There shall
be no minimum lot area in the V District however; every unit shall
have a minimum of 700 square feet of floor area.
(2) Lot
width in the R Zone shall be 150 feet minimum on a public street.
Lot width in the V Zone shall be a minimum of 50 feet on a public
street.
(3) Minimum
side setbacks of 20 feet each shall be provided.
(4) The
maximum number of units a multi-family dwelling structure may contain
shall be 12 dwelling units.
(5) Public
sewer and public water must be utilized.
(6) Distance
between buildings. Where two or more multi-family dwellings are located
on a single lot or parcel, the minimum distance between principal
buildings shall be 40 feet.
(7) All
parking areas shall be located at least 10 feet from any property
line or street line.
(8) Buffers
and screens shall be provided as necessary to adequately protect adjacent
properties. This includes, but is not limited to, fences, walls, planting
and open spaces.
B. In the
case of a multi-family dwelling where individual dwelling units are
located on separate lots (e.g., townhouses or row houses), the following
requirements shall apply:
(1) Lot
area. Each lot shall have a minimum area of 3,000 square feet.
(2) Lot
width. Each lot shall have a minimum width of 20 feet.
(3) There
shall not be more than six dwelling units in any one row.
(4) Side
setback shall be 25 feet minimum for dwelling units at the end of
a row.
(5) Public
sewer and public water must be utilized.
[Amended 10-6-2003 by Ord. No. 2003-3; 12-7-2009 by Ord. No. 2009-3]
In an R Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Not more
than 60% of the lot area may be covered with impervious surfaces.
B. Buffers
and screens shall be provided as necessary to adequately protect adjacent
properties. This includes, but is not limited to, fences, walls, planting
and open spaces.
C. May only
serve a use which is permitted by right or special exception in the
R Zone.
D. Provision for storm drainage must be approved by the Borough Council.
[Amended 12-7-2009 by Ord. No. 2009-3]
In an R Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Consideration
shall be given to possible traffic problems. If the nature of the
public building or facility is such that it will generate a high volume
of vehicular traffic then access should be via an arterial or collector
street as designated in the Borough Comprehensive Plan.
B. Side setback.
Minimum side setbacks of 20 feet each shall be provided
C. All parking
areas shall be located at least 10 feet from any property line or
street line.
D. Buffers and screens shall be required as necessary to adequately
protect adjacent properties. This includes, but is not limited to,
fences, walls, planting and open spaces.
[Amended 12-7-2009 by Ord. No. 2009-3]
In an R Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. There
shall be no specified minimum lot size, however, each lot shall provide
front, side and rear yards in accordance with the regulations of the
R Zone.
B. The storage
of vehicles or equipment used in the maintenance of any utility shall
not be permitted.
C. No equipment
causing unreasonable noise, vibration, smoke, odor or hazardous effect
shall be installed.
D. Buffer and screens shall be provided as necessary to adequately protect
adjacent properties. This includes, but is not limited to, fences,
walls, planting and open spaces.
[Added 12-7-2009 by Ord.
No. 2009-3]
A. Parking. Parking requirements in accordance with §
160-11 shall apply.
B. Signage. An advertising sign must be attached to the structure and located on the front facade of a building structure and shall be in accordance with §
160-9, "Outdoor Signs." Freestanding signs are prohibited.
C. Illumination. All parking areas shall be illuminated in accordance with §
160-14, "Illumination," shall apply.
[Added 12-7-2009 by Ord.
No. 2009-3]
A. Each sleeping room shall be limited to one bed.
B. Off-street parking requirements in accordance with §
160-11, "Parking."
C. Verification of adequate sewer and water facilities.
[Amended 12-7-2009 by Ord. No. 2009-3]
In a V Zone and subject to the requirements of that zone, except
as herein modified and provided:
A. Minimum
lot area shall be 40,000 square feet.
B. Minimum
lot width shall be 140 feet.
C. Setbacks.
All buildings shall be located at least 20 feet from any side or rear
property line and at least 50 feet from any street line.
D. Parking.
A minimum of 5.5 parking spaces per 1,000 square feet of gross leasable
floor area shall be provided.
E. A buffer yard measuring at least 20 feet in depth must be provided
on the site in all instances where the site adjoins an R Zone. The
buffer yard shall be naturally landscaped and shall not be used for
building, parking, loading or storage purposes.
[Added 12-7-2009 by Ord.
No. 2009-3]
A. Parking. Parking requirements in accordance with §
160-11 shall apply.
B. Lot consolidation. Lot consolidation restrictions in accordance Section
_____ shall apply.
C. Signage. An advertising sign must be attached to the structure and located on the front facade of a building structure and shall be in accordance with §
160-9, "Outdoor Signs." Freestanding signs are prohibited.
D. Illumination. All parking areas shall be illuminated in accordance with §
160-14, "Illumination," shall apply.
E. Loading and unloading areas. Such space for loading and unloading of goods and services to a tavern establishment shall be in accordance with §
160-12. Such space shall be visibly marked and paved. Each loading and unloading space shall be 10 by 30 feet.