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.
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.
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.
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.
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.
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
|
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.
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.
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.
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.
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.
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.
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.