The following basic standards shall apply to all special exceptions
in any district.
A.
The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, its site
layout and its relation to streets giving access to it shall be such
that both pedestrian and vehicular traffic to and from the use and
the assembly of persons in connection with it will not be hazardous
or inconvenient to the predominant character of the district or be
incongruous therewith or conflict with the normal traffic on the streets
thereof, both at the time and as the same may be expected to increase
with any prospective increase in the population and area development,
taking into account, among other things, convenient routes of pedestrian
traffic, particularly of children; relation to main traffic thoroughfares
and to street intersections; turning movements in relation to vehicular
flow; and the general character and intensity of development of the
district.
B.
The location and height of buildings; the location, nature and height
of walls and fences; display of signs in connection with the use;
and the nature and extent of landscaping on the site shall be such
that the use will not hinder or discourage the appropriate development
and use of affected and/or adjacent land and buildings or ground that
is an integral part of the operation.
C.
The nature, location, size and site layout of the use shall be such
that it will be a harmonious part of the district in which it is situated,
taking into account, among other things, prevailing shopping habits,
convenience of access by prospective patrons, the physical and economic
relationships of one type of use to another and characteristic groupings
of uses in the district.
D.
The location, size, intensity and site layout of the use shall be
such that its operations will not be a nuisance or be objectionable
to nearby dwellings by reason of vibration, noise, fumes, lights or
pollution of any type or be hazardous to a greater degree than is
normal with respect to the proximity of other uses.
E.
In the event that special exception requirements conflict with any
other municipal land use requirement, the more restrictive shall apply.
The following special exceptions have additional requirements
as stated in the following:
A.
Church (or temple, synagogue or mosque), provided the building delegated
for religious purposes has access from the frontage to a major highway,
primary or secondary street as classified in this chapter.
B.
Funeral homes and mortuaries, provided the home shall have its access
from the frontage to a major highway or primary or secondary street
as classified in this chapter.
C.
Cemeteries may be allowed by special permit in the designated zones.
All required setbacks shall be maintained as landscaped or open space
areas. Additional setback or screen requirements may be required to
minimize impacts on adjacent properties.
D.
A conversion dwelling will be allowed, provided the following are
provided:
E.
A bed-and-breakfast facility must adhere to the following conditions:
(1)
The individual or family who operates the facility must occupy
the house as his or its primary residence. The house must be at least
five years old before a bed-and-breakfast facility is allowed.
(2)
A maximum of five bedrooms may be occupied by guests.
(3)
Nonresident employees for such activities as booking rooms and
food preparation are permitted if approved as part of the conditional
use review. Hired service for normal maintenance, repair and care
of the residence or site, such as yard maintenance, may also be approved.
The number of employees and the frequency of employee auto trips to
the facility may be limited or monitored as part of a conditional
use approval.
(4)
Serving alcohol and food to guests and visitors is allowed.
The proprietor may need Pennsylvania Liquor Control Board approval
to serve alcohol at a bed-and-breakfast facility.
(5)
Commercial meetings, including luncheons, banquets, parties,
weddings, meetings, charitable fund-raising, commercial or advertising
activities, or other gatherings for direct or indirect compensation,
are prohibited.
F.
Car washing and detailing facilities must adhere to the following
conditions:
(1)
All automated washing facilities shall be in a completely enclosed
building. All other car washing facilities shall be under a roofed
structure which has at least two walls.
(2)
Drainage water from the washing operation shall be controlled
so that it does not flow or drain onto berms, streets or other property.
(3)
A stacking area shall be required on the lot for automobiles,
accessible to the end of the washing equipment. Such stacking area
shall be able to accommodate the number of vehicles equal to the maximum
hourly processing capability of the aforesaid vehicular wash.
(4)
Such information shall be provided to the Borough as part of
the application for the special exception.
G.
Construction, remodeling contractor, lumber facility must adhere
to the following conditions:
(1)
No outside storage of construction equipment is permitted except
in an enclosed building.
(2)
There shall be three off-street parking spaces for each four
employees on the largest shift or one off-street parking space for
every 250 square feet of gross floor area, whichever is greater, plus
one space for each company vehicle normally stored on the premises.
H.
All drive-through facilities must meet the following:
(1)
Service areas and stacking lanes must be set back five feet
from all lot lines.
(2)
All driveway entrances, including stacking lane entrances, must
be at least 50 feet from an intersection; the distance is measured
along the property line from the junction of the two street lot lines
to the nearest edge of the entrance.
(3)
Stacking lanes must be designed so that they do not interfere
with parking and vehicle circulation.
(4)
All stacking lanes must be clearly identified through the use
of means such as striping, landscaping and signs.
I.
Garden dwelling. Garden dwellings may be authorized by the Zoning
Hearing Board as a special exception upon a finding that compliance
with the requirements of this chapter, as well as the following specific
criteria, has been established by the applicant:
(1)
The minimum gross land area of the development site shall be
three acres.
(2)
All new garden apartment developments shall have a minimum of
two vehicular entrances if over 50 units are proposed.
(3)
The maximum density (dwelling units per acre) shall be eight
units per gross acre.
(4)
Building height. No garden apartment shall have a height greater
than three habitable stories.
(5)
Principal buildings having dwelling units above the second story
shall be provided with elevators.
(6)
Building length. No building shall have a length or a width
greater than 300 feet.
(7)
Garages shall not front on arterial or collector roads.
J.
High-rise residential building. High-rise residential buildings may
be authorized by the Zoning Hearing Board as a special exception upon
a finding that compliance with the requirements of this chapter, as
well as the following specific criteria, has been established by the
applicant:
(1)
The minimum gross land area of the development site shall be
three acres.
(2)
All new high-rise developments shall have a minimum of two vehicular
entrances if over 50 units are proposed.
(3)
The maximum density (dwelling units per acre) shall be 20 units
per gross acre.
(4)
Building height. No high-rise residential buildings shall have
a height greater than seven habitable stories.
(5)
Principal buildings having dwelling units above the second story
shall be provided with elevators.
(6)
Garages shall not front on arterial or collector roads.
K.
Scrap processing operations and salvage yards may be allowed by special
permit in the designated zoning district, and enclosed disassembly
operations may be allowed by special permit under the following conditions:
(1)
Construction and operation shall comply with all state and federal
environmental and safety codes or requirements.
(2)
Receiving areas for salvage material shall be designed to avoid
the depositing of salvage material outside a building or outside screened
storage areas.
(3)
Scrap processing operations and salvage yards shall contain
a minimum of two acres, except that the site may be as small as 20,000
square feet where the site abuts one or more existing scrap processing
or salvage yards that exceed two acres in total.
(4)
Salvage material kept outside a building or buildings shall
not be located closer than 500 feet from any entrance corridors, except
where existing land forms completely obstruct the view by the traveling
public of the salvage material.
(5)
Salvage material kept outside a building or buildings shall
not be located in the front yard.
(6)
Salvage materials may be stored in enclosed semitrailers, provided
that the semitrailers are properly licensed and are operable to be
drawn by a motor vehicle upon the streets and highways of the State
of Pennsylvania, and the semitrailer shall not be located in the front
yard. Where the side yard or rear yard of the salvage yard abuts a
residential district, the semitrailers shall be located at least 20
feet from the respective side lot line or rear lot line and the openings
to the trailer shall not face the residential district.
M.
Any methadone or drug maintenance or treatment facility shall also
meet the following requirements:
(1)
The building shall be a minimum of 500 feet in any direction
from any residential dwelling, including any multifamily dwelling
or structure, and any public park property.
(2)
The building shall be a minimum of 1,000 feet in any direction
from any school property, church property, preschool property, child
day-care center or facility, or senior citizen facility and nursing
home property.
(3)
The building shall be a minimum of 2,500 feet in any direction
from any other methadone or drug maintenance or treatment facility.
(5)
The building shall be located within 1,000 feet of a public
transit stop.
(6)
The hours of any such facility shall be limited to 7:00 a.m.
to 5:00 p.m.
N.
Mobile home parks may be allowed by special permit exception in the
R-H District, if served by public water and public sewerage systems,
under the following conditions:
(1)
The mobile home park has a minimum site area of 10 acres.
(2)
Twenty-five feet shall be maintained between mobile homes and
between mobile homes and buildings in all horizontal directions.
(3)
No mobile home shall be located closer than 50 feet to any exterior
property line, except when the mobile home is located adjacent to
a trailer park or another mobile home park.
(4)
Land within said fifty-foot exterior open space shall be permanently
landscaped in accordance with the landscape design standards, except
for the necessary paving of roadways and walkways to reach the mobile
home area; provided, however, such landscaping shall not create a
traffic hazard by impairing visibility at street and roadway intersections.
(5)
Mobile homes within the mobile home park shall be required to
have a setback of at least 20 feet from the pavement of private roadways.
(6)
The design and construction or installation of roadways, walkways,
parking spaces, utilities, drainage facilities, storage facilities,
recreational facilities, landscaping and other improvements shall
comply with the written design standards.
(7)
Every manufactured mobile home shall be supported on a permanent
four-inch-thick reinforced concrete manufactured mobile home pad or
foundation at least the complete width of the home, with a minimum
of 840 square feet; all areas between the manufactured mobile home
and ground shall be enclosed by a fire-resistant skirting.
(8)
In the event the soil or topographic conditions of the proposed
manufactured mobile home park are such that other foundations or support
are appropriate, and the developer provides to the Building Inspector
a report by a certified engineer that piers are equal to or superior
to the specifications as set forth by the manufacturer, then piers
may be used. Such foundations shall be inspected by the Building Inspector.
(9)
Every manufactured mobile home shall be at least 14 feet in
width and have a minimum of 720 square feet of living area exclusive
of porches, decks, carports, garages and cabanas.
(10)
Each manufactured mobile home lot shall be limited to one detached
storage building, not including a garage or carport.
O.
Home occupations. Home-based occupations may be established in order
that a resident may carry on a business activity which is clearly
incidental and subordinate to a dwelling unit in a residential zone.
The establishment of a home-based occupation shall be compatible with
the surrounding neighborhood and uses and shall not adversely change
the character of the dwelling unit or detract from the character of
the surrounding neighborhood. Every home-based occupation shall be
subject to the following regulations:
(1)
The home-based occupation shall be demonstrably secondary and
incidental to the primary dwelling unit and shall not change the character
and appearance of the dwelling unit.
(2)
The home-based occupation shall not be conducted in any attached
or unattached structure intended for the parking of automobiles.
(3)
The home-based occupation shall not create or cause noise, dust,
vibration, odor, gas, fumes, smoke, glare, electrical interferences,
hazards or nuisances. There shall be no storage or use of toxic or
hazardous materials other than the types and quantities customarily
found in connection with a dwelling unit. No noise or sound shall
be created that will cause disturbances and affect the character of
the neighborhood.
(4)
There shall be only one home-based occupation per dwelling unit.
(5)
The use shall be conducted only by persons residing within the
dwelling unit, except that no more than one person not residing on
the premises may be employed, either for pay or as a volunteer, to
work on the premises as part of the home-based occupation carried
on in the dwelling unit. One on-site standard-sized parking space
shall be provided for such employee or volunteer in addition to other
required parking.
(6)
The business may have one sign that is no larger than two square
feet to promote, advertise and/or make customers aware of location
and services offered.
(7)
No stock-in-trade, inventory or display of goods or materials
shall be kept or maintained on the premises, except for incidental
storage kept entirely within the dwelling unit.
(8)
No mechanical equipment is permitted in connection with the
home-based occupation, other than light business machines, such as
computers, facsimile-transmitting devices and copying machines.
(9)
The home-based occupation shall not involve the use of commercial
vehicles for delivery of materials and products to or from the premises
in excess of that which is customary for a dwelling unit or which
has a disruptive effect on the neighborhood. Such delivery services
can include, but are not limited to, United States Mail, express mail
and messenger services. No tractor-trailer or similar heavy-duty delivery
or pickup shall be permitted in connection with the home-based business.
(10)
Activities conducted and equipment or material used shall not
change the type of construction of the residential occupancy and shall
be subject to all required permits.
(11)
The home-based occupation shall not generate pedestrian or vehicular
traffic in excess of that which is customary for a dwelling unit or
which would have a disruptive effect on the neighborhood.
(12)
No more than one client visit or one client vehicle per hour
shall be permitted, and only from 8:00 a.m. to 5:00 p.m., Monday through
Friday, in connection with the home-based occupation.
(13)
The home-based occupation shall cease when the use becomes detrimental
to the public health, safety and welfare or constitutes a nuisance,
affects the character of the neighborhood and/or threatens to decrease
property value due to disturbances and/or nuisances, or when the use
is in violation of any statute, ordinance, law or regulation.
(14)
Prohibited home-based businesses are as follows:
(a)
Adult business.
(b)
Ambulance service.
(c)
Animal training.
(d)
Automotive repair, painting, body/fender work, upholstering,
detailing, washing, including motorcycles, trucks, trailers and boats.
(e)
Body piercing.
(f)
Dentist, except as a secondary office which is not used for
the general practice of dentistry but may be used for consultation
and emergency treatment as an adjunct to a principal office located
elsewhere.
(g)
Funeral chapel or home.
(h)
Firearms manufacturing or sales.
(i)
Gunsmith.
(j)
Massage therapist, unless the therapist has procured a massage
technician's license and fulfilled the state licensure process.
(k)
Medical physician (nonpsychiatric), except as a secondary office
which is not used for the general practice of medicine but may be
used for consultation and emergency treatment as an adjunct to a principal
office located elsewhere.
(l)
Restaurant.
(m)
Tattoo studio.
(n)
Upholstery.
(o)
Tow truck service.
(p)
Veterinary services and other uses which entail the harboring,
training, care, breeding, raising or grooming of dogs, cats, birds
or other domestic animals on the premises, except those which are
owned by the resident.
(q)
Welding or machine shop.
(r)
Yoga/spa retreat center.
(s)
Any other use which disrupts and is inconsistent with the residential
character of the neighborhood is prohibited.
P.
School. Private school or public school which is not conducted as
a private gainful business. In all districts, access to a collector
street is required. The use shall meet the following requirements:
(1)
It shall provide safe and adequate traffic flow.
(2)
It shall prohibit glare due to site lighting.
(3)
It shall provide sufficient screening of outdoor play areas
to protect the neighborhood from inappropriate noise and other disturbance.
(4)
It shall provide fencing to control pedestrian ingress and egress.
Q.
Self-service storage.
(1)
No storage may take place outside of a personal enclosed storage
unit.
(2)
No personal enclosed storage unit shall have water or sanitary
sewer service.
(3)
A caretaker may reside on a portion of the personal storage
site. The caretaker's residence shall have public water and public
sewer service.
(4)
Ingress or egress shall be from an arterial or collector street
only.
(5)
Distance from face of building to face of building: 30 feet
minimum.
(6)
Distance from end of building to end of building: 20 feet minimum.
(7)
If units are placed back to back, the maximum width of the building
shall not exceed 60 feet.
(8)
Driveway width: 22 feet minimum.
(9)
All driveways shall be paved with an impervious surface.
(10)
A landscaping plan shall be submitted with the site plan showing
the site's buffer area to adjoining parcels.
(11)
Lighting shall not interfere with surrounding area or distract
traffic.
(12)
On a personal storage facility site only, there shall be allowed
more than one building for housing of the storage units. These buildings,
other than for use of one management office, one caretaker's residence
and individual storage, shall be used for no other purpose.
R.
All family child- and adult-care facilities shall ensure they have
proper state licenses and are consistent in compliance of all the
State of Pennsylvania Department of Welfare guidelines for child-care
or adult-care facilities.
(1)
Dropoff/pickup areas, such as curb spaces and driveway areas,
which are of sufficient size and are located to avoid interference
with traffic and to ensure the safety of children and elderly adults,
must be identified and not disrupt the flow of traffic and effect
the character of the neighborhood.
(2)
The proposed facility shall not be located within two lots of
an existing family child-care or adult-care facility on the same side
of the street nor on the lot or the lots on either side of the lot
directly across the street from an existing family child or adult
care home.
(3)
In cases where child-care facilities are located within a ten-mile
radius to one another, a permit will not be granted to the proposed
child- and/or adult-care facility.
S.
Townhouse projects shall be allowed by special exception in the R-H
District served by public water and public sewerage systems if they
meet the following requirements:
(1)
No building permit shall be issued to a developer of a townhouse
project unless and until the requirements of this article, other applicable
articles of this chapter, other applicable ordinances of the county
and applicable state statutes are complied with.
(2)
A townhouse structure shall consist of no more than eight townhouse
units.
(3)
Individual property lines shall run from the street through
the center of the common party walls of attached interior units and
continue to the rear lot line. The lots, utilities and other improvements
for each townhouse unit shall be designed to permit individual and
separate ownership of each lot and dwelling unit thereon.
(4)
No townhouse project or portion thereof shall have an overall
site density greater than one townhouse unit per 6,000 square feet
of gross site area.
(5)
Setback requirements for townhouse structures shall conform
to the established setback regulations of the district in which the
townhouse project is located.
(6)
A lot occupied by a townhouse unit shall contain not less than
2,000 square feet.
(7)
Lot frontage, measured at the setback line for individual townhouse
units, shall have a minimum width of 20 feet. Lot width for end units
shall be adequate to provide side and rear yards as required.
(8)
Each townhouse unit shall have a rear yard of not less than
25 feet.
(9)
Each townhouse structure shall have two side yards of not less
than 15 feet each. In no case shall any two townhouse structures be
closer than 30 feet.
(10)
The facades of each unit of a townhouse structure shall be varied
by changing front yard depth and utilizing variations in materials
or design so that no more than three abutting townhouse units have
the same front yard depth or the same or essentially the same architectural
treatment of facades and rooflines.
(11)
Each townhouse unit shall have an unencumbered access to and
from a dedicated public street.
(12)
Townhouse projects shall have provisions for at least two vehicular
off-street parking spaces for each townhouse unit.
(13)
Amenities and other accessory uses, if any, shall conform to
the setback, yard and height requirements of the district in which
they are to be located.
(14)
Townhouse units shall be separated by a common party wall designed
to meet the fire protection requirements as set forth in the Pennsylvania
Uniform Construction Code, as amended.
T.
Adult businesses shall only be allowed by special exception in the
I District served by public water and public sewerage systems if they
meet the following requirements:
(1)
Adult businesses regulated by this section shall include adult
bookstore/video stores, adult movie theaters or movie houses, adult
live theaters and adult nightclubs, as defined herein.
(2)
Adult businesses shall not be located within 1,000 feet of any
property which is zoned residential.
(3)
Adult businesses shall not be located within 500 feet of the
property boundary of any existing school, day-care center, hospital,
group-care facility, personal-care boardinghome, group home, public
park or playground, church or establishment which is licensed to serve
and/or sell alcoholic beverages.
(4)
No adult business shall be located within 500 feet of any other
existing or approved adult business.
(5)
Adult businesses shall comply with the applicable parking requirements for retail sales and/or theaters specified in Article XIII of this chapter. Any portion of an adult business which does not involve retail sales or theater seating shall meet the requirements of one parking space for each occupant at maximum permitted occupancy.
U.
Kennels. More than five dogs, cats or other household pets over the
age of four months constitutes a kennel and can only be located within
permitted zoning districts. Commercial kennels shall only be allowed
by special exception in the C-H and I Districts served by public water
and public sewerage systems if they meet the following requirements:
(1)
Demonstrate that all animals are confined to the property.
(2)
Demonstrate adequate methods for sanitation and sewage disposal.
(3)
Outdoor runs shall be located a minimum of 200 feet from any
dwelling not located on the same lot.
(4)
Outdoor runs shall be screened with a solid fence to reduce
the potential for inciting dogs to bark due to external influences.
(5)
A site plan, drawn to scale, shall accompany the application,
indicating the location of existing and/or proposed parking facilities,
buildings, runs and other physical features.
V.
Stables shall only be allowed by special exception in the C-H and
I Districts served by public water and public sewerage systems if
they meet the following requirements:
W.
Comparable uses not specifically listed, subject to:
(1)
The Zoning Hearing Board shall consider a proposed use which
is not listed in the zoning district in which the property is located
only if it is comparable to other authorized uses listed in that same
district. If a use is specifically listed in a less restrictive zoning
district, it shall not be eligible for consideration as a "comparable
use" in a more restrictive zoning district under this subsection.
(2)
Uses of the same general character as any of the uses authorized
as permitted uses by right, conditional uses or uses by special exception
in the zoning district in which the property is located shall be allowed,
if the Zoning Hearing Board determines that the impact of the proposed
use on the environment and adjacent streets and properties is equal
to or less than any use specifically listed in the zoning district.
In making such determination, the Board, at a minimum, shall consider
the following characteristics of the proposed use:
(a)
The number of employees;
(b)
The floor area of the building or gross area of the lot devoted
to the proposed use;
(c)
The type of products, materials or equipment and/or processes
involved in the proposed use;
(d)
The magnitude of walk-in trade, if any; and
(e)
The traffic and environmental impacts, and the ability of the
proposed use to comply with the performance standards of this chapter;
(3)
The proposed use shall comply with all applicable area and bulk
regulations of the zoning district in which it is located.
(5)
The proposed use shall comply with any applicable express standards
and criteria specified in this chapter for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed.
(6)
The proposed use shall be consistent with the statement of intent
for the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
