The purpose of this article is to document the process to be used by the Borough of Upland Zoning Heading Board in determining the validity and appropriateness of a request for a bed-and-breakfast establishment special exception under § 185-302C of this chapter; furthermore, to ensure the preservation of the character, integrity and property values of the zoning districts within which such facilities are located and maintained.
All bed-and-breakfasts shall comply with the applicable provisions
of the Commonwealth of Pennsylvania's Uniform Fire Prevention
and Building Code and the rules and regulations promulgated therein.
All bed-and-breakfasts are, for the purpose of such code and this
article, classified as B-2 (transient occupancy) for the purpose of
construction, conversion and alteration under said code, rules and
regulations.
A.
No bed-and-breakfast use may be established or operated within the
Borough of Upland without first obtaining the approval of the Upland
Borough Building Code Official. The person or organization (applicant)
desiring the bed-and-breakfast use must complete the request for approval
for a bed-and-breakfast use that is issued by the Upland Borough Building
Code Official in accordance with the terms and conditions of this
article.
B.
The application and site plan shall contain the following:
(1)
Name, address and telephone number of the owner(s), and the
applicant if the owner is not the applicant.
(2)
Address of proposed bed-and-breakfast, together with the tax
parcel identification number.
(3)
Zoning district classification of the site.
(4)
A sketch, drawn to scale, showing the floor plan of the dwelling,
together with any proposed changes, renovations and additions to same.
(5)
A site plan showing the applicant's entire land holdings,
the portion of the applicant's property under consideration,
as well as all parcels and streets within 200 feet of the applicant's
property and the current uses thereof.
(6)
The site plan shall be drawn to scale and include the following
information:
(a)
Title of drawing.
(b)
North point, scale and date.
(c)
Boundaries of the project.
(d)
Location of all existing and proposed site improvements, including:
[1]
Buildings, additions, expansions, driveways, parking areas,
streets, retaining walls, fences and hedges;
[2]
Location of all existing and proposed access and egress drives;
[3]
Location, design and size of all existing and proposed signs
and outdoor lighting facilities; and
[4]
Location of existing and proposed buffer and screening areas,
structures and vegetation.
C.
Upon receipt of the application, site plan and application fee, the
Upland Borough Building Code Official shall examine and review same
to determine that it is complete, adequate in all respects and complies
with the conditions of this article. After he/she has reviewed the
application, site plan or other supporting documentation and determined
same to be complete in all respects, he/she shall refer same to the
Upland Borough Planning Commission for its review and action within
30 days of receipt of the application. Simultaneously, he shall deliver
the application fee to the Borough Treasurer.
D.
The Upland Borough Planning Commission may require such additional
or supportive information as it deems necessary for a complete assessment
of the proposed bed-and-breakfast so as to ensure its compatibility
with existing and permitted building and land uses adjacent to the
site and in close proximity thereto.
A.
The owner of the bed-and-breakfast must reside in and continue to
reside in the dwelling as his/her/their principal residence. The owner
will provide a sworn statement certifying to such residency upon request
of the Upland Borough Building Code Official.
B.
A bed-and-breakfast establishment shall only be permitted in older
residential structures that are recognized as architecturally, historically
or culturally significant and that, through renovation and use as
a bed-and-breakfast inn, will contribute significantly to the ambiance,
character, or economic revitalization of the area and/or continued
use of the property in question for residential purposes. Notice of
the bed-and-breakfast application shall be sent to adjoining property
owners.
C.
The parcel improved by the bed-and-breakfast shall provide or establish
off-street parking spaces for the members of the owner's family
residing in the dwelling unit as well as at least one parking space
per room or unit let. Further, said parking spaces shall not be established
or permitted in the front yard of the site and shall be located or
screened from view so as to provide no variation from the residential
character of the site.
D.
A bed-and-breakfast establishment shall serve no regularly scheduled
meal other than morning breakfast, and no articles shall be sold or
offered for sale as part of the bed-and-breakfast establishment's
operation.
E.
The number of paying guests accommodated per night shall not exceed
eight. Further, no guest shall stay for a period of time in excess
of 30 consecutive days.
F.
Each bedroom occupied by a paying guest shall be equipped with a
properly installed and functioning smoke detector. Further, a smoke
detector shall be properly installed and functioning on or near the
ceiling in the room or hallway immediately adjoining each bedroom
rented to paying guests.
G.
The Upland Borough Building Code Official, or designated representative,
shall be given such access to the dwelling as he/she deems necessary
from time to time for the purpose of making inspections to ensure
compliance with all federal, state and local codes, rules and regulations,
including the Uniform Fire Prevention and Building Codes. Such inspections
may be made with or without prior notice thereof.
H.
A single exterior sign or display will be permitted on the site of
the bed-and-breakfast in accordance with the following additional
conditions:
(1)
Said sign or display shall not exceed six square feet in area.
(2)
No freestanding sign shall be located less than 15 feet from
the front property line or less than five feet from the side property
line.
(3)
No freestanding sign may be located less than 50 feet from any
other freestanding sign.
(4)
Said sign or display shall be as unobtrusive as reasonably possible.
(5)
Said sign may be indirectly illuminated by no more than two
seventy-five-watt light bulbs, which shall be shielded as to prevent
a glare.
I.
The bed-and-breakfast establishment shall be maintained and operated
at all times so as to comply with any Pennsylvania Uniform Fire Prevention
and Building Codes and the rules and regulations promulgated therein,
as amended.
J.
The driveway entrance or exit servicing the bed-and-breakfast establishment
shall not exceed 15 feet in width.
K.
The Upland Borough Planning Commission shall have the right to impose
and include such other and additional conditions as it may deem necessary
to effectuate the purpose of this article.
L.
The owner shall not make any change, deviation, modification or variation
from the application and site plans once the same are approved by
the Upland Borough Planning Commission.
M.
Minimum lot size for a bed-and-breakfast use is 10,000 square feet.
N.
Minimum house size for a bed-and-breakfast use is 2,000 square feet.
O.
The adequacy of the sewage system to handle the expected increased
flows shall be certified by a professional engineer to the Borough
of Upland Engineer, prior to the start of the bed-and-breakfast use.
A.
Within 30 days of the Upland Borough Planning Commission's receipt
of a completed application and site plan from the Upland Borough Building
Code Official, the Upland Borough Planning Commission shall act on
it in accordance with the relevant sections of the Pennsylvania Municipalities
Planning Code (MPC).
(1)
The Upland Borough Planning Commission's action shall be
rendered in the form of a written report to the Upland Borough Building
Code Official, with a copy to the applicant, clearly stating its recommendation
for approval, conditional approval with the conditions enumerated,
or denial with the reasons stated.
(2)
A copy of the minutes of the Upland Borough Planning Commission
public meeting at which the application and site plan are considered
may be deemed a sufficient report.
(3)
In the event that the Upland Borough Planning Commission fails
to take appropriate timely action under the law, the application and
site plan shall be deemed approved.
B.
The Upland Borough Planning Commission's review of the application
and site plan shall include but not be limited to the following considerations:
(1)
Adequacy and arrangement of vehicle traffic access and circulation.
(2)
Location, arrangement, appearance and sufficiency of off-street
parking.
(3)
Location, arrangement, size and design of lighting and signs.
(4)
Relationship and compatibility of the proposed use (bed-and-breakfast)
to uses of adjacent parcels in the immediate vicinity, together with
their scale.
(5)
Adequacy, type and arrangement of trees, shrubs, fences and
other landscaping or improvements constituting a visual or noise-deterring
buffer between the site and adjacent or adjoining uses.
(6)
Any other matter which may affect the health, welfare or safety
of the community as a whole and the parcels in the immediate vicinity
of the site.
C.
The Upland Borough Planning Commission's statement may include
recommendations as to desired renovations to the application and site
plan.
Any provision of the Borough of Upland Zoning Code or the Codified
Ordinances of the Borough of Upland which are in conflict with or
inconsistent with this article shall be deemed repealed to the extent
of such inconsistency on the effective date of this article.
A violation of the zoning provisions contained in this article
is hereby declared to be an offense, punishable by a fine not to exceed
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of the first offense; for a conviction of a second
offense, both of which were committed within five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of such zoning
provisions shall be deemed misdemeanors; and for such purpose only,
all provisions of law relating to misdemeanors shall apply to such
violations. Each week's continued violation shall constitute
a separate additional violation.
