Borough of Old Forge, PA Special Exception Uses

Decisions of the Board shall be made pursuant to standards and criteria expressed in this article, to regulations for the respective districts in which the uses are located and to all other requirements of this chapter. Further, only those uses which are specifically enumerated as special exception uses in the appropriate table for the zone district may be reviewed as to establishment of said use in said zone district.

The Board shall grant an approval for a special exception use only if it finds adequate evidence that the proposed use meets both the general and specific requirements for such use.

Effect of changes on application.

When an application for a special exception has been filed with the Zoning Hearing Board and the subject matter of such application would ultimately constitute either a land development or a subdivision as defined in Article III, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed.

Provided, further, that should such an application be approved by the Zoning Hearing Board, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer as may be specifically requested of and approved by the Zoning Hearing Board following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before the Zoning Hearing Board.

(3)

If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of the Pennsylvania Municipalities Planning Code (Act 247, as amended), Section 508(1) through (4),[1] and specifically to the time limitations of Section 508(4), which shall commence as of the date of filing such land development or subdivision plan.

[1]

Editor's Note: See 53 P.S. § 10508(1) through (4).

Site plan. A plan for the proposed development of a site for a special exception use shall be submitted with the application for a special exception permit. Such plan shall show the location of all buildings, open space, parking areas, traffic access and circulation, landscaping and any and all other information required for determining the conformance of the special exception use with the regulations for that use.

General standards. Decisions for granting all special exception uses shall be guided by the following general standards:

The proposed use shall not jeopardize the objectives of the Comprehensive Plan.

Public services and facilities such as streets, sewers, water, police and fire protection shall be adequate for the proposed use.

(3)

Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion and for providing for the safety and convenience of pedestrian and vehicular traffic.

(4)

The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the location and size of the site relative to the proposed operation and the nature and intensity of the operation involved.

(5)

The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls and fences so that the neighboring property is not impaired.

(6)

The proposed use shall not be more objectionable in its operations in terms of noise, fumes, vibrations, smoke, fly ash or flashing lights than would be the operations of any permitted use in the district.

(7)

Any other reasonable conditions and safeguards, in addition to those expressed in this chapter, may be implemented by the Board if the Board deems it necessary for implementing the purposes of the Pennsylvania Municipalities Planning Code (Act 247, as amended)[2] and this chapter.

[2]

Editor's Note: See 53 P.S. § 10101 et seq.

Uses permitted by special exception in this chapter include the following, for which additional regulations are prescribed:

Animal hospitals and kennels (E-1, C-1 Districts).

Animal kennels in which animals are kept, boarded or trained may be operated in either enclosed buildings or a combination of buildings and open runways. If all activities are maintained within a completely enclosed, soundproof building and no objectionable odors are evident outside the building, district yard regulations for the district shall apply. If open runways are used, the building shall be located at least 50 feet from such property lines, and runways shall be located at least 100 feet from such property lines. The parcel on which such a use is conducted shall be a minimum of one acre in land area.

Hospitals for pets shall be located in either a soundproof building with no objectionable odors evident outside the building or a combination of buildings and open runways. If located in a totally enclosed building, district yard regulations for the district shall apply. If open runways are used, the building shall be located at least 50 feet from such property lines, and runways shall be located at least 100 feet from such property lines. The parcel on which such a use is conducted shall be a minimum of one acre in land area.

Automobile body shops (C-1, C-2 Districts). No part of any front yard setback shall be utilized for the storage of any motor vehicle(s), in whole or in part, which is inoperable due to any of the following: nonlicensure by the Commonwealth of Pennsylvania Department of Motor Vehicles or similar agency, lack of proper inspection certificates, lack of insurance as required by the commonwealth or nonoperational due to mechanical or structural problems. No open pit or nonprotected hoist will be allowed outside of a completely enclosed structure. Storage of any vehicle or part thereof awaiting repair shall be maintained in any required side or rear yard behind a completely opaque fence and shall be located no nearer than 25 feet from any property line. Drainage from any storage area shall not be directed off site without adequate treatment to ensure that oils, fuels or other potentially contaminated liquids do not to migrate to adjacent property or to public waterways.

(3)

Dwellings directly related to certain businesses (C-1 District). Single-family detached dwellings shall be permitted on the same lot as the following business establishments: medical and dental clinics, mortuary and undertaking establishments, nursing and convalescent homes, retail occupying less than 2,000 square feet of the structure and motels, provided that such dwellings are occupied by the owner or manager of such business establishment. Such dwellings shall be designed as living quarters, having adequate natural light and kitchen and bathroom facilities. Such dwellings shall also have private access and the required residence parking spaces in addition to required commercial parking spaces.

(4)

Golf courses, golf driving ranges and country clubs (E-1 and C-2 Districts). The minimum size of a tract for a regulation nine-hole course shall be 50 acres, and for a regulation eighteen-hole course, 110 acres. Where the golf course adjoins residential properties along its borders, a line of trees or shrubs at least 20 feet deep shall be planted along the fairways and greens, but no closer than 20 yards behind the greens. Access roads to the course shall meet the requirements for minor roadways as defined in Chapter 305, Subdivision and Land Development. Parking spaces shall be as required by Article VIII. Clubhouses and other golf course structures shall be located at least 100 feet from any property line. Golf driving ranges shall be oriented so that no ball hit shall interfere with traffic on adjacent roadways, and all sides abutting residential uses shall be screened from view by trees or shrubs of a size and density adequate to protect adjacent areas from stray golf shots.

(5)

Home occupations (E-1, R-1, R-1A and R-2 Districts).

A home occupation shall be the incidental use of a dwelling unit or of a building or other structure accessory to a dwelling unit and shall be conducted by a person or persons residing in the dwelling unit and not more than two nonresident employees working on the premises. Not more than 30% of the habitable floor area of the house shall be used for calculating the area to be used for the home occupation, although the home occupation may be located in either the house or an accessory structure on the same zone lot. If the use is located in an accessory structure, the same thirty-percent allowable area of the principal structure shall prevail.

The exterior appearance of the structure or premises shall be maintained in its residential character with the home occupation conducted entirely within the enclosed structure and with no goods publicly displayed on the premises other than a permitted sign as provided for in Article VIII. The home occupation shall not involve display windows, the storage or sale of articles, except those incidental to the service, frequent truck deliveries or the production of offensive noise, smoke, vibration, dust, odors, heat or glare. Any outdoor storage of materials or products is also prohibited. Off-street parking requirements for both the dwelling and home occupation uses shall be met in accordance with Article VIII.

(c)

Home occupations may include an office or studio of a physician, dentist, artist, photographer, architect, engineer, accountant, surveyor, lawyer, realtor, insurance salesperson or member of some similar recognized profession. This list is not all-inclusive, but is intended to serve as a guideline.

(d)

Home occupations may also include beauty shops and barbershops, dressmaking and tailoring shops, small appliance repair and lawn mower repair, woodworking, provided that no more than 20 gallons of any hazardous or flammable substances are stored within the structure and odors are not detectable at the property line, and tutoring and music instruction, but shall not include animal hospitals, commercial kennels, funeral homes, clothing stores, restaurants, dance studios, business schools or automotive repair service. This list is not all-inclusive, but is intended to serve as a guideline.

(6)

Lumber mills (I-1 and I-2 Districts). Lumber or saw mills shall be located at least 500 feet from the boundary of the nearest residence. The operation shall consist of the preparation of lumber for market and shall not include display and sales yards. The use shall be on a tract of land of not less than 10 acres.

(7)

Mini markets (grocery) with gas pumps (C-1 District). The principal structure, as well as the canopy over gasoline pumps, shall meet all the minimum setback requirements for all yards in the district in which it is located. When the property abuts a property containing a residence, a screen and buffer shall be provided according to the requirements of Article VIII. A parking area accommodating all spaces required by Article VIII shall be provided. Access driveways shall be no more than 25 feet in width at the street line, and in the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets, as measured from the right-of-way line. All lighting of parking areas and access driveways shall be directed away from adjoining property and shall be shielded to prevent upward fugitive light emissions. The developer shall demonstrate that all relevant state and federal regulations pertaining to the storage and sale of gasoline products have been met and that the necessary permits have been obtained.

(8)

Mobile home parks (C-2 District). Follow guidelines listed under conditional uses, Article VII.

(9)

Model homes (E-1, R-1, R-1A and R-2 Districts).

The exterior appearance of a model home and its premises shall be maintained and operated consistent with the residential character of the neighborhood in which it is located. Landscaping shall be provided consistent with that of the neighborhood within six months of the use of the structure as a model home. The home shall be used only as a model display of homes available for sale or rent with accessory sales office and not as a realtor's office or for the storage of construction equipment and materials. Off-street parking for patron use and one space for each employee shall be provided in accordance with Article VIII in such a manner as to be removable upon cessation of the model use and sale as a residence, with no discernible remains of such parking area. No construction or delivery trucks shall be allowed on the premises upon completion of the construction of the structure. Only signs allowed by provisions of Article VIII shall be permitted.

This special exception use shall be temporary, being valid for 30 months after the excepted use is approved by the Zoning Hearing Board. At the expiration of the permit, the premises shall either revert to use as a dwelling or continue as a special exception upon application to and approval by the Board. In making its decision, the Board shall consider the effects of the previous permit on the neighborhood, the construction activity remaining in the development and adherence to the terms of the previous permit.

(10)

Natural resource production (I-2 District).

Natural resource production uses shall include excavating, quarrying, mining, drilling and processing of mineral resources; growing, harvesting, processing and sale of forest products; collecting, processing, storing, bottling and sale of water resources; and the collecting or otherwise handling of any other natural resources.

Natural resource production uses shall meet the following requirements:

[1]

The lot or tract on which the use is located shall be not less than 10 acres in area with a width of no less than 400 feet.

[2]

The minimum front, side and rear yard setbacks shall be 100 feet in depth as measured from the street line, from the side or rear district lines or from the property line of any adjacent property in the same ownership but different use or in different ownership but the same use. All yard areas shall also serve as buffer areas landscaped in trees and shrubbery and with no parking of vehicles or storage of equipment and supplies allowed.

[3]

The maximum height of any building shall be that permitted in the district where the use is located, with exceptions for chimneys, conveyors, crushers and other structures which are not buildings.

[4]

No more than 2% of the tract shall be covered with buildings, whether principal or accessory.

[5]

All activities and uses shall comply with performance standards governing odors, fumes, dust, smoke, vibration, noise, soil erosion and sedimentation and any other side effects of the natural resource operation deemed injurious to the public health, safety and welfare by such agencies as the United States Environmental Protection Agency (EPA), the United States Occupational Safety and Health Agency (OSHA), the United States Natural Resources Conservation Service (NRCS), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry (DL&I).

[6]

Any natural resource operation involving mining, quarrying, drilling or excavating shall be required to provide a fence six feet high completely enclosing that activity on the property. Such a fence shall be so constructed as to have openings no larger than six inches, and, if pickets are used, the openings shall not exceed six inches.

[7]

No mining, excavating, drilling, lumbering, bottling or processing operations of any sort shall be allowed earlier than 7:00 a.m. or later than 5:00 p.m., local time, Monday through Saturday.

[8]

Verification of bonding and insurance, if such bonding and insurance are required by the Pennsylvania Department of Environmental Protection (DEP) or some other agency, shall be supplied to the Borough Council upon request.

(11)

Nurseries and day-care centers for children (E-1, R-1, R-1A, R-2, C-1, C-2 and C-3 Districts). Day nurseries, nursery schools, private kindergartens and day-care centers shall provide outdoor play space complying with the standards of the Pennsylvania Department of Public Welfare for "Child Day-Care Centers Under Social Service Auspices." The outdoor play area shall adjoin the indoor space, be easily accessible and be fenced with a chain-link fence and gate at least three feet in height, which shall be maintained in good condition.

(12)

Nursing and convalescent homes (E-1, R-1, R-1A and R-2 Districts). The minimum size of the tract shall be one acre. The tract shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a screening fence six feet in height shall be placed no farther than one foot from the property line, and a landscaped buffer area having a depth of not less than 10 feet shall be provided within the property line. The fence, shrubs and/or buffer shall be maintained in good condition. A parking area accommodating all spaces required by Article VIII shall be located within the buffer area. Access drives shall be no more than 25 feet wide at the street line and, in the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets as measured from the right-of-way line. Proof of licensure from the Pennsylvania Department of Public Welfare shall be provided to the Borough upon request.

(13)

Outdoor advertising signs (billboards) (C-2, I-1 and I-2 Districts). Outdoor advertising signs shall be permitted by special exception. No such sign, including its structure or standards, shall be permitted within 100 feet of any residence or within 1,000 feet of another such sign. The advertising surface area of any panel shall not exceed 240 square feet, and not more than two panels (or one double-faced panel) shall be permitted on the same structure or standard. The yard setback requirements of the district in which the sign is to be located shall apply. All other provisions for signs as found in Article VIII shall apply.

(14)

Personal care centers (E-1, R-1, R-1A and R-2 Districts). Personal care centers shall be permitted by special exception. The tract shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a landscaped buffer area having a depth of not less than 10 feet shall be provided within the property line. The buffer shall be maintained in good condition. A parking area accommodating all spaces required by Article VIII shall be located within the buffer area. Access drives shall be no more than 25 feet wide at the street line, and, in the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets as measured from the right-of-way line. Proof of application for licensure from the appropriate Pennsylvania department shall be provided to the Borough with the application for zoning approval. A copy of the approved license shall be provided to the Borough with the application for the certificate of zoning compliance.

(15)

Places of worship, not including cemeteries (R-1, R-1A, C-1 and C-2 Districts). The property shall be at least one acre in area and front on an arterial or collector street. A parking area shall accommodate all parking spaces as required by off-street parking and loading regulations (See Article VIII.), as well as circulation and access areas. Access driveways shall be no more than 25 feet in width, and, in the case of a corner lot, access driveways shall be at least 60 feet from the right-of-way line. Where the property abuts existing residences on the side or rear property line, a solid wall, a substantial, attractive, tight fence or evergreen hedges a minimum of six feet in height and maintained in good condition shall be provided. The evergreens should be of such height at the time of planting that they will attain a height of six feet within three years. Minimum side and rear yards shall be 50 feet.

(16)

Public and parochial schools (E-1, R-1, R-1A, C-1 and C-2 Districts). The size of the school tract shall be at least the minimum prescribed by the Pennsylvania Department of Education. Access to the tract shall be from an arterial or collector street, and access driveways shall be no more than 35 feet in width. In the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets as measured along the right-of-way lines. Loading and unloading areas, parking areas and circulation and access areas shall be provided in accordance with Article VIII.

(17)

Public utility buildings, except telephone offices and booths (C-1, C-2, I-1 and I-2 Districts). Such buildings are intended to include telephone exchanges, electric stations and substations and gas, water and sewerage pumping stations, water tanks and reservoirs and sewage treatment plants. The property on which any such activity is located shall conform to the following regulations:

Access and parking shall be provided only for maintenance and servicing of such activities.