[Amended 2-8-1984 by Ord. No. 84-3; 4-22-1998 by Ord. No.
98-4]
The Zoning Hearing Board may authorize by special
exception those uses which are permitted by this chapter as a special
exception as set forth in certain of the sections of this chapter
prescribing district use regulations, where such uses are deemed essential
or desirable to the public convenience or welfare and are in harmony
with the various elements and objectives of the Comprehensive Plan.
Such permits may be granted only by the Zoning Hearing Board after
public notice and hearing on any application for a special permit.
The Zoning Hearing Board may authorize as a
special exception the conversion of any building existing at the effective
date of this chapter into a dwelling for two or more families in any
residential district subject to the following requirements:
A.
The lot area per family shall not be reduced to less
than 6,000 square feet in Low-Density Residential Districts and 625
square feet in other residential districts.
B.
The yard, building area, off-street parking, and other
applicable requirements for the district shall not be reduced.
C.
No structural alteration of the building exterior
shall be made except as may be necessary for purposes of sanitation
or safety.
D.
Such conversion shall be authorized only for a large
building which has relatively little economic value or usefulness
as a conforming dwelling or other conforming use.
[Amended 7-13-2009 by Ord. No. 2009-15]
A.
A housing development consists of a group of two or more buildings
to be constructed on a plot of ground of at least five acres not subdivided
into the customary streets and lots and which will not be so subdivided.
Such housing developments shall be approved by the Zoning Hearing
Board, as a special exception, in a manner that will be in harmony
with the character of the neighborhood and will ensure a density of
land use no higher and a standard of open space at least as high as
required in the district in which the proposed development is to be
located.
B.
Standards. A group housing development shall be subject to the following
standards:
(1)
The development must meet the lot yard regulations and height
restrictions for the district where it is located.
(2)
Lot coverage, excluding paved areas, shall be no more than 30%.
(3)
One off-street parking space shall be provided for each employee
plus 10 spaces for visitor parking.
(4)
All off-street parking and loading and unloading areas, including
driveways, shall be graded and surfaced with asphalt or concrete that
is drained to the extent necessary to prevent excessive water flow
across streets or adjoining properties.
(5)
The edge of all parking and loading and unloading areas shall
be located at least 10 feet from any residential lot line and shall
be screened from adjacent residential properties by a six-foot-tall
sight-and-light-obscuring fence.
(6)
Any lighting used to illuminate parking and loading and unloading
areas shall be arranged so that the direct rays from the lights will
not fall on any adjacent residential property. Lighting standards
used to illuminate parking and loading and unloading areas cannot
exceed eight feet in height.
(7)
Noise-emitting equipment or apparatus cannot be located within
50 feet of a residential lot line and must be located at the ground
level, with such buffering as the Zoning Hearing Board determines
can reasonably limit the additional sound being heard by neighbors.
(8)
The Zoning Hearing Board may attach additional conditions (including,
but not limited in any way to, indirect lighting, screening, and noise
buffering between the group housing development and neighboring properties)
to the granting of a special exception permit.
The Zoning Hearing Board may authorize as a special exception the adult entertainment uses specified in Article X, § 300-57 (T through AA), subject to the general standards established in this article and the following specific criteria:
A.
None of the designated adult entertainment uses shall
be permitted:
B.
All enumerated adult entertainment uses shall be permitted
signs and visible messages based on the allowable sign area of the
Heavy Manufacturing District, provided that:
(2)
Other visible messages. Messages which are visible
or intended to be visible from outside the property (such as on or
within doors or windows) shall not display materials, items, publications,
pictures, films, or printed material available on the premises or
pictures, films, or live presentations of persons performing services
offered on the premises.
C.
Should any of the uses listed in Subsections T through AA of Article X, § 300-57 above cease or discontinue operation for a period of 90 or more consecutive days, it may not resume, nor be replaced by any other adult entertainment use, unless it complies with all the requirements set forth in Article XXI above.
A.
The Zoning Hearing Board may authorize as a special
exception child or adult day-care facilities as defined in this chapter
subject to the following criteria.
B.
If any person desires to utilize any lot or tract
of land in the Borough of Chambersburg as a child or adult day-care
facility, in addition to all other criteria established in this chapter
relating to special exceptions, the following criteria shall be applicable:
[Amended 6-14-2021 by Ord. No. 2021-02]
(1)
For a child day-care facility, an outdoor play
area shall be provided as required by the Commonwealth of Pennsylvania.
Outdoor play areas shall not be located within the front yard. Additionally,
outdoor play areas shall be located and designated so as to minimize
disruption of normal activities of adjoining uses permitted within
the zoning district and/or neighborhood. If unsafe areas or conditions
are in or near an outdoor play space, fencing or natural barriers
are required to restrict children from those unsafe areas or conditions.
(2)
Enrollment shall be defined as the largest number
of persons and/or children under day-care supervision on any one day
in a seven-day period. For purposes of this reference, a day shall
be considered a twenty-four-hour calendar day.
(3)
The appellant will provide and arrange adequate
drop-off and pickup satisfactory to the Zoning Hearing Board.
(4)
All day-care facilities shall obtain and maintain
proper licensure or registration from the Commonwealth of Pennsylvania.
(5)
The applicant shall demonstrate that adequate
safeguards are provided to protect enrollees from nearby commercial
and/or industrial activities and uses.
(6)
On or before the last business day of January
each year, each person desiring to operate or to continue to operate
a child or adult day-care facility shall provide to the Borough of
Chambersburg Zoning Enforcement Officer proof of the Pennsylvania
Department of Public Welfare registration renewal for the current
licensure period.
(7)
Day-care homes shall be permitted only in single-family
detached dwellings and duplexes and shall not be permitted in accessory
buildings.
[Added 10-19-2009 by Ord. No. 2009-18]
A boardinghouse or lodging house use may be granted a special
exception by the Zoning Hearing Board, provided it meets the following
requirements:
A.
A boardinghouse or lodging house use cannot be located within 50
feet of a residential lot line.
B.
Existing structures must meet all applicable current codes for a
boardinghouse or lodging house use.
C.
New development must meet the lot width, area, coverage and yard
regulations and height restrictions for the district where it is located.
D.
The quarters to be utilized by the occupants of the premises shall
be in the principal structure. Separate structures, accessory buildings
and garages are not permitted to be used as living units or guest
rooms.
E.
For existing structures, no exterior additions shall be made to a
building or structure for additional guest rooms.
F.
One off-street parking space shall be provided for each guest room
or for every two separately paying guests.
G.
All parking areas shall be in the rear yard area, and the areas,
including driveways, shall be graded and surfaced with asphalt or
other suitable material and drained to the extent necessary to prevent
dust, erosion or excessive water flow across streets or adjoining
properties. For lots that accommodate existing structures, parking
areas can be located in areas other than the rear yard if the existing
lot layout will not accommodate a parking area in the rear yard.
H.
All parking areas shall be screened from adjacent properties by a
six-foot-tall sight- and light-obscuring fence or vegetation.
I.
Any lighting used to illuminate off-street parking shall be arranged
so that the direct rays from the lights will not fall on any residential
property beyond the property line. Lighting standards used to illuminate
parking and loading and unloading areas cannot exceed eight feet in
height.
J.
The owner shall have the boardinghouse or lodging house inspected
by the Building Code Officer of the Borough of Chambersburg and secure
a certificate of occupancy.
K.
The owner shall have the boardinghouse or lodging house inspected
by the Fire Code Officer of the Borough of Chambersburg and secure
any necessary permits.
L.
The owner shall have the boardinghouse or lodging house inspected
by the Property Maintenance Code Officer of the Borough of Chambersburg
and secure any necessary permits.
M.
If meals are provided, the owner shall have the kitchen area inspected
by the Health Officer of the Borough of Chambersburg and secure any
necessary permits.
N.
The Zoning Hearing Board may attach additional conditions (including,
but not limited in any way to, indirect lighting, screening and noise
buffering between the boardinghouse or lodging house and neighboring
properties) to the granting of a special exception permit.
[Added 5-10-2010 by Ord. No. 2010-08]
There shall be permitted as special exceptions the following
structures in excess of the height limits otherwise established in
this chapter:
A.
In
the districts limiting height to 35 feet, any permitted structure
may be increased in height not to exceed 40 feet, provided the required
side yards are increased an additional foot for each foot such structure
exceeds 35 feet.
B.
For structures permitted in Subsection A next above to exceed the thirty-five-foot limit, the following may also exceed any height permitted under Subsection A but only as part of the special exception process:
(1)
Roof structures for the housing of elevators, stairways, tanks, ventilating
fans or similar equipment required to operate and maintain the building,
fire or parapet walls, skylights, towers, steeples, chimneys, smokestacks,
radio and television antennas, water tanks, silos, gas containers,
or similar structures may be erected above the height limits herein
prescribed, but no roof structure or any space above the height limit
shall be allowed for the purpose of providing additional floor space
for residential or commercial use.
[Added 2-26-2018 by Ord.
No. 2018-05]
Casinos may be granted a special exception by the Zoning Hearing
Board provided the following criteria are met:
A.
A Category 4 mini-casino, and associated off-street parking area,
is permitted as a special exception use in a Distributed Commercial
Highway zoning district and must comply with all other applicable
Code of the Borough of Chambersburg regulations.
B.
A Category 4 mini-casino can be located within 1,000 feet from the
eastern municipal boundary of the Borough of Chambersburg, as measured
in a straight line from any lot line of the lot to accommodate the
Category 4 mini-casino to the municipal boundary.
C.
A Category 4 mini-casino cannot be located within 500 feet from any
dwelling or garden apartment, as defined by the Zoning Code, and occupied
or being offered for rent or sale to be occupied as a dwelling or
garden apartment, as measured in a straight line from any lot line
of the lot to accommodate the Category 4 mini-casino to any lot line
of the closest dwelling or garden apartment.
D.
A Category 4 mini-casino cannot be located within 500 feet from any
church, as defined by the Zoning Code, and occupied or being offered
for rent or sale to be occupied as a church, as measured in a straight
line from any lot line of the lot to accommodate the Category 4 mini-casino
to any lot line of the closest church.
E.
A Category 4 mini-casino cannot be located within 500 feet from any
public, parochial or private school or institution for higher education,
as defined by the Zoning Code, and occupied or being offered for rent
or sale to be occupied as a public, parochial or private school or
institution for higher education, as measured in a straight line from
any lot line of the lot to accommodate the Category 4 mini-casino
to any lot line of the closest public, parochial or private school
or institution for higher education.
F.
A Category 4 mini-casino cannot be located within 500 feet from any
public parks, playgrounds or municipal recreation areas, as defined
by the Zoning Code, as measured in a straight line from any lot line
of the lot to accommodate the Category 4 mini-casino to any lot line
of the public park, playground or municipal recreation area.
G.
The Zoning Hearing Board may attach additional conditions (including,
but not limited in any way to, traffic mitigation, lighting, screening
and noise) to the granting of a special exception permit for a Category
4 mini-casino.
The Zoning Hearing Board may authorize as a special exception
of the subdivision of any attached dwelling, semidetached dwelling
and accessory structure existing at the effective date of this chapter
in any zoning district, except manufacturing, subject to the following
requirements:
A.
Nonconformities for height, lot area, lot width, lot coverage and
yard regulations shall be described to the Board.
B.
Nonconformities for off-street parking shall be described to the
Board, however, compliance with the off-street parking requirements
must be gained where applicable or the most de minimis variance must
be granted.
C.
The party wall dividing dwelling units shall be extended from the
top of the existing ceiling to the bottom of the existing roof. Such
extension shall be designed to minimize fire spread in the attic area
and shall be construed of a material having a minimum fire rating
of one hour.
D.
Where not separate, electric, gas, water and sanitary sewer service
lines must be separated in compliance with all applicable codes for
each dwelling prior to submission of a subdivision plan.
[1]
Editor's Note: This ordinance also retitled the section from
"Subdivision of semidetached dwellings" to "Subdivision of attached
dwellings, semidetached dwellings and accessory structures."
[Added 5-16-2022 by Ord.
No. 2022-06]
Light manufacturing accessory to a permitted restaurant or retail
principal use may be granted a special exception by the Zoning Hearing
Board, provided it meets the following requirements:
A.
The light manufacturing activity shall be conducted only within the
building occupied by the permitted restaurant or retail use and may
not occupy more than 25% of the total floor area, but in no event
shall it exceed 2,500 square feet.
B.
The light manufacturing activity shall not be conducted between the
hours of 10:00 p.m. of one day and 6:00 a.m. of the following day.
C.
The light manufacturing activity may not use any equipment, or process,
which creates noise, vibration, glare, fumes, odors or electronic
interference, including interference with radio or television reception,
which is detectible from any property line on the lot encompassing
the use.
D.
The light manufacturing activity may not generate any solid waste
or sewage discharge, in volume or type, which is not normally associated
with permitted restaurant or retail use.
E.
There shall be no tractor-trailer truck delivery associated with
the light manufacturing activity.
