The purpose of this article is to provide conditions
and standards for uses permitted by special exception. In these cases,
the Zoning Hearing Board may attach reasonable conditions and safeguards,
in addition to those expressed in this article, as it may deem necessary
to implement the purposes of this chapter and those of the Planning
Code, Act 247, as amended by Act 170.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Amended 11-13-2006 by Ord. No. 614, approved 11-13-2006]
[Amended 11-13-2006 by Ord. No. 614, approved 11-13-2006]
In cases where this chapter does not provide
specific dimensional standards for uses permitted by special exception
or conditional use, the following general regulations will be applied
by the Zoning Hearing Board or Borough Council, whichever applies.
A.
In residential districts, the area, bulk and other
applicable requirements shall be not less than those for single-family
dwellings in that district.
B.
In nonresidential districts, the area, bulk and any
other applicable requirements shall be not less than those for the
use which requires the greatest dimensions in the applicable nonresidential
district.
Major home occupations shall be permitted as
a special exception in all residential districts.
A.
The occupation (or profession) shall be conducted
within the dwelling and shall be clearly incidental and secondary
to the residential use of the dwelling.
B.
Only one occupation per dwelling shall be permitted.
C.
Not more than 25% of the gross floor area of the dwelling
shall be used for the home occupation. Areas used for storage shall
be included in this calculation. However, in the case of home professional
offices for doctors or dentists, not more than 50% of the gross floor
area may be used for the professional office.
D.
Not more than two persons other than the resident
shall be engaged as an employee or volunteer.
E.
No external alterations inconsistent with the residential
use shall be permitted.
F.
There shall be no display of materials or products
visible from outside the dwelling.
G.
No noise, vibration, smoke, glare or any other impact
shall be noticeable at or beyond the property line.
H.
There shall be no outdoor storage of equipment, material
or supplies.
I.
Only minor home occupations shall be permitted in
multifamily dwellings.
J.
All home occupations shall be subject to periodic
inspection by a local official.
K.
A home occupation shall in no case be operated before
8:00 a.m. and after 8:00 p.m.
L.
A special exception shall not be granted when it appears
to the Zoning Hearing Board that the proposed major home occupation
will constitute a fire hazard to neighboring residences, will adversely
affect neighboring property value or will constitute a nuisance or
otherwise be detrimental to the neighbors because of excessive traffic,
noise, odor or other negative circumstances.
Group day-care homes shall be permitted by special
exception in all residential districts.
A.
Group day-care homes shall accommodate between seven
and 15 children.
B.
Minimum lot size shall be 750 square feet per child
and shall in no case be less than that required by the district in
which the facility is located.
C.
Not less than 75 square feet of outdoor play area
per child shall be provided, excluding parking areas or other areas
not suited for play.
D.
Not less than 40 square feet of indoor play area per
child shall be provided, excluding bathrooms, hallways and other areas
not suited for play.
E.
A fence at least four feet in height shall be placed
around all outdoor play areas, and such fence must reach the ground
to prevent children from crawling underneath.
F.
The Zoning Hearing Board may require planting and
screening consistent with the character of uses adjacent to the facility.
G.
Outdoor play activities shall be limited to the hours
between 8:00 a.m. and 7:00 p.m.
J.
Each facility shall be fully protected by smoke detectors
and fire extinguishers.
K.
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.
L.
No part of a facility shall be located within 300
feet of a gasoline pump or underground gasoline storage tank or any
other storage area for explosive materials.
M.
The residential appearance and exterior design of
the facility shall be compatible with the dwellings in the neighborhood.
N.
Each facility must hold an approved Pennsylvania Department
of Public Welfare registration certificate or license as appropriate
and meet all current Department of Public Welfare regulations and
any applicable state or local building and fire safety codes.
O.
When the above regulations differ from those of the
Pennsylvania Department of Public Welfare, the more stringent regulations
shall apply.
Gasoline service stations and auto repair shops
shall be permitted as a special exception in the GB General Business
District.
A.
A set of plans, specifications and plot plans shall
be submitted to the Zoning Hearing Board showing all structures, pumps,
storage tanks, parking areas and driveways for ingress and egress.
B.
All pumps shall be located outside of public buildings
on private property and in no case shall be within 20 feet of any
street right-of-way line, subject to such conditions and safeguards
as the Zoning Hearing Board may impose with respect to, among other
matters, the location and adequacy of entrances and exits.
C.
All automotive parts, dismantled vehicles and similar
items shall be stored within a building.
D.
In no event shall a permit be granted for such a use
located within 300 feet of a school, hospital, infirmary, church,
museum, club or place of public assembly having the capacity of over
100 persons. A gasoline service station shall not be deemed nonconforming
through the subsequent erection of the above uses.
Medical and dental clinics shall be permitted as a special exception in the GB General Business District and by right in the I Institutional District. In the I Institutional District, these clinics shall comply with the standards in § 295-28.
A.
A tract of not less than one acre shall be provided.
B.
The site shall have direct access to an arterial or
collector road as designated in the Eddystone Borough Comprehensive
Plan.
C.
Front setback shall not be less than 30 feet for each
principal building.
D.
Lot frontage shall not be less than 50 feet.
[Added 11-13-2006 by Ord. No. 614, approved 11-13-2006]
A.
In any instance where the Borough Council is required
to consider a request for a conditional use, the Council shall consider
the following factors, where appropriate:
(1)
That the proposed use is appropriate for the
site in question in terms of 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.
(2)
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 signs.
(3)
That the proposed conditional use will serve
the best interest of the Borough, convenience of the community and
the public health, safety and welfare.
(4)
That the proposed use is consistent with the
Eddystone Borough Comprehensive Plan.
(5)
That the proposed use promotes orderly development,
proper population density and the provision of adequate community
facilities and services, including police and fire protection.
(6)
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.
B.
In cases where uses permitted by conditional use are not accompanied by special standards for such uses, the regulations in Article XVI shall apply.
C.
Financial hardship shall not be construed as a basis
for granting conditional uses.
D.
In granting any conditional use, the Borough Council may attach reasonable conditions and safeguards in addition to those expressed in this chapter as it 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 and 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 in appropriate sections of Article XVI or in the IHCO District.
B.
Evaluation of the impact of an application on the
public interest. In determining whether the allowance of a conditional
use is contrary to the public interest, the Borough Council shall
consider whether the application, if granted, will:
(1)
Adversely affect the public health, safety and
welfare due to changes in traffic conditions, drainage, air quality,
noise levels, neighborhood property values, natural features and neighborhood
aesthetic characteristics.
(2)
Be in accordance with the Eddystone Borough
Comprehensive Plan.
(4)
Adversely affect the logical, efficient and
economical extension or provision of public services and facilities,
such as public water, sewers, refuse collection, police, fire protection
and public schools.
(5)
Otherwise adversely affect the public health,
safety or welfare.
Unless otherwise specified by the Borough Council,
a conditional use shall expire if the applicant fails to obtain a
building permit within six months from the date of authorization thereof.
Residential conversions shall be permitted by
special exception only in all residential districts.
A.
To be eligible for conversion, a single-family detached
dwelling must contain a minimum of 2,000 square feet of floor area,
and a single-family semidetached dwelling shall contain a minimum
of 1,500 square feet of floor area, exclusive of basements in both
cases.
B.
Conversions shall comply with all district requirements
in which they are located.
C.
The resulting conversion unit shall have a minimum
of 750 square feet of floor area, excluding basement space.
D.
The total number of units created by conversion shall
not exceed two.
E.
Two off-street parking spaces shall be provided for
each unit created by the conversion.
F.
Each unit will be a complete, self-contained housekeeping
unit that is separate from the other unit.
G.
All utility connections shall meet the utility company
standards.
H.
No external alteration inconsistent with the residential
use or architectural character of the dwelling shall be permitted.
I.
Separate entrances to the outside or to a common hallway
opening to the outside shall be provided.
J.
Applications for conversion shall be submitted to
the Building Inspector. The application shall include the following
informational items:
(1)
Floor plan showing the layout, including all dimensions
of each unit.
(2)
Site development plan showing and locating the dwelling
and other existing buildings; all property lines; any proposed additions;
building setback lines; location and size of all underground utilities;
length, width and function of all rights-of-way and easements; and
required parking spaces.
[Amended 1-13-1997 by Ord. No. 568, approved 1-13-1997]
Apartment buildings not exceeding three units
shall be permitted by special exception in the R-2 Residential District
and by right in the R-3 High Density Residential District.
