Borough of Upland, PA Article XIX Procedures and Standards for Special Exceptions

§ 185-1900 Purpose.

The purpose of this article is to provide procedures and standards for the approval of 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 Municipalities Planning Code, Act 247, as amended.

§ 185-1901 General requirements for review of uses permitted by special exception.

See Article XXIV, § 185-2406B.

§ 185-1902 Requirements for special exceptions where specific dimensional standards are not provided.

In cases where this chapter does not provide specific dimensional standards for uses permitted by special exception, the following general dimensional standards will be applied by the Zoning Hearing Board:

A. In residential districts, the area, bulk and any other applicable requirements shall be not less than those for single-family dwellings in the district where the use is proposed.

B. In nonresidential districts, the area, bulk and any other applicable requirements shall be not less than those listed for nonresidential structures for the district within which the special exception is being proposed.

C. The Zoning Hearing Board may require additional reasonable but more-stringent requirements than those in Subsections A and B above as per Article XXIV.

D. All the requirements of Article XVI, Parking Regulations, must be followed.

§ 185-1903 Residential conversions.

Conversions of single-family residential structures shall be allowed by special exception in the R-2 Residential District and shall comply with all applicable provisions of said district in addition to the following requirements:

A. For a single-family dwelling to be converted, the size of all resulting dwelling units must have a minimum floor area of 1,000 square feet per unit.

B. Each unit shall be a complete, self-contained, housekeeping unit that is separate from every other unit.

C. The maximum number of resulting individual, self-contained dwelling units shall be three.

D. Separate entrances to the outside or to a common hallway opening to the outside shall be provided.

E. All conversions on lots where there is currently no sidewalk shall install a sidewalk with handicapped curb-cut ramps at the crosswalks.

F. No external alterations inconsistent with the residential use or architectural character of the dwelling shall be permitted.

G. All utility infrastructure and connections shall meet the standards and requirements of the applicable utility company and the Borough.

H. Applications for conversions shall be submitted to the Building Code Official on a Borough-approved application form, and required fees will be paid.

I. Applications for conversions shall contain the following information items:

(1) Floor plan showing the layout, including all dimensions of each unit.

(2) Site plan, drawn to scale, showing and locating the dwelling and other existing buildings and accessory structures; all property lines; any proposed additions; building setback lines; location, size and extent of all underground utilities; length, width and function of all rights-of-way and easements; number and location of parking spaces; and the one-hundred-year floodplain.

(3) Required lateral compliance certificate application, as per the Upland Borough Code.

J. The Building Code Official may inspect any conversion for compliance with the Borough Zoning, Building, Maintenance, and any other applicable Borough Codes, provided that a twenty-four-hour notice is given.

§ 185-1904 Professional home office.

A professional home office shall be permitted as a special exception in the R-1 and R-3 Residential Districts.

A. The office shall be conducted entirely 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 two persons other than a resident shall be engaged as employees or volunteers.

D. Not more than 25% of the gross floor area of the dwelling shall be used for the home occupation, except that up to 50% may be used in the case of doctors or dentists. Areas used for storage shall be included in this calculation.

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, materials or supplies.

I. Professional home offices shall not be permitted in multifamily dwellings.

J. Parking shall be provided, subject to Article XVI.

K. A home occupation shall in no case be operated before 8:00 a.m. or after 6:00 p.m.

L. All home occupations shall be subject to periodic inspection by the Building Code Official or designate.

M. A special exception shall not be granted when it is proven to the Zoning Hearing Board that the proposed professional home office 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.

§ 185-1905 Parking structure, deck or surface parking area.

A parking structure, deck or surface parking lot shall be permitted as a principal use on a lot as a special exception in the MCD Medical Campus District, subject to the following regulations:

A. The lot size shall be a minimum of 8,000 square feet.

B. The height of a parking structure shall not exceed 35 feet or three stories.

C. Parking garages or decks shall have awnings, landscaping elements, street furniture, and other design treatments to create the appearance of an occupied building.

D. Vehicles shall be visually screened from adjacent buildings and the street, and such screening shall be in keeping with the remainder of the structure's architectural style and materials.

E. Any public parking garage shall provide bicycle parking at the ratio of one bicycle space per 20 vehicle spaces, or a minimum of two spaces. These spaces shall be located on a paved surface within the garage. Bicycle parking shall also be in accordance with the provisions of Article XVI.

F. Surface parking lots shall be subject to the requirements of §§ 185-1603, 185-1604, 185-1605 and 185-1607.

§ 185-1906 Educational use.

An educational use such as a primary school and its related administrative offices, but not including business and trade schools, shall be permitted as a special exception in the R-1 Residential District and by right in the INS Institutional District, subject to the following regulations (requirements are minimums unless stated otherwise):

Standard	Size
Lot size	2 acres
Lot width	150 feet
Front yard	50 feet on each side abutting the lot
Side yards	30 feet
Rear yard	50 feet
Building coverage	40%, maximum
Impervious surface	60%, maximum
Height	35 feet, maximum
Parking	As required in Article XVI
Signs	As required in Article XVII

§ 185-1907 Hotel or motel.

A hotel or motel shall be allowed as a use by special exception in the WFMU Waterfront Mixed Use and INS Institutional Districts and subject to the following requirements:

A. Area and bulk regulations for hotels and motels. Unless noted otherwise, the following shall be minimum requirements:

	Standard	Size
	Lot area	5,000 square feet
	Lot width	40 feet
	Building coverage	60%, maximum
	Impervious surface	80%, maximum
	Front yard	10 feet
	Side yards	10 feet on each side
	Rear yard	25 feet
	Height	35 feet, maximum

B. Parking shall be in accordance with Article XVI.

C. Signs shall be in accordance with Article XVII.

D. All other applicable provisions of the WFMU and INS Districts shall apply to hotels and motels.

§ 185-1908 Private clubs.

Private clubs shall be permitted by special exception in the R-1 Residential District in accordance with the following requirements:

A. Private clubs shall be operated for civic, cultural, educational, social or recreational purposes.

B. The activity shall be noncommercial, nonprofit and clearly one not customarily carried on as a business.

C. Each building or facility of the club shall be for members or their guests only.

D. No club shall provide for eating or dining except on an incidental basis.

§ 185-1909 Private outdoor recreational facilities, including swim clubs.

A private outdoor recreational use, including a swim club, shall be allowed as a special exception use in the INS Institutional District only, subject to the following provisions:

A. Swimming pools shall not be located less than 20 feet from any property line.

B. No swimming pool shall be located under electric or utility lines.

C. A plan and sketch for all public and private outdoor recreational facilities shall be submitted to the Borough prior to new development or alteration to existing facilities.

D. Private outdoor recreational facilities shall comply with all other applicable federal, state and local regulations.

§ 185-1910 Tattoo and body-piercing facilities.

Tattoo and body-piercing facilities shall be permitted by special exception in the IND Industrial District only, in accordance with § 185-1902 and Article XXIV of this chapter and Chapter 160 of the Upland Borough Code.

§ 185-1911 Sexually oriented businesses.

Sexually oriented businesses shall be permitted by special exception in the IND Industrial District only, in accordance with § 185-1902 and Article XXIV of this chapter and Chapter 152 of the Upland Borough Code.

§ 185-1912 Gasoline service stations.

Gasoline service stations are permitted by special exception in the GC General Commercial District only and shall comply with the following requirements:

A. All pumps and principal buildings shall be located not less than 30 feet from all property lines.

B. All pumps shall be located outside of buildings.

C. All fuel containers in excess of 100 gallons shall be located underground.

D. No service station shall be located within 300 feet of a school, church, day-care center, nursing home, hospital or place of public assembly having a capacity of more than 50 persons. The required 200 feet shall be measured at the shortest distance between the service station property and any of the above-noted uses.

E. Hydraulic lifts, work pits, and all lubrication, greasing, washing and repair equipment shall be entirely enclosed within a building.

F. Exterior lighting shall be shielded so that it is deflected from adjacent or nearby properties and from motorists on public streets.

G. Service stations shall also comply with all applicable regulations of the Fire Marshal Division of the Pennsylvania State Police and with those of any other applicable state or federal agency.

§ 185-1913 Car washes.

A car wash establishment shall be permitted as a special exception in the GC General Commercial District only, subject to the following regulations:

A. Exterior lighting shall be shielded or deflected from adjacent or nearby properties and public sidewalks and streets.

B. The facility shall be designed to accommodate not fewer than six waiting vehicles on the property.

C. A planted visual screen shall be provided around the property in accordance with § 185-1816.

D. Where appropriate, the facility shall be designed and/or screened so that the headlights of automobiles approaching, waiting, or exiting the facility do not shine directly on adjacent properties.