Special exceptions are to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria for a particular special exception stated in this chapter. The Zoning Hearing Board shall hear and decide upon written requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable condition and safeguards, in addition to those expressed herein, as it may deem necessary to implement the purpose of this chapter and Act 247. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter. The Zoning Hearing Board may request a report and recommendation from the Planning Commission on the planning aspects of each application.
A. 
The special exception shall be in accordance with the standards specified for such classes of special exceptions.
B. 
The special exception shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards of Article XI.
C. 
The special exception must be found to be beneficial to the public at the proposed location.
D. 
The application for a special exception listed herein shall be accompanied by a site plan and all other pertinent information as prescribed by the Board.
E. 
The special exception shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties and be consistent with the environment of the neighborhood.
F. 
The special exception shall organize vehicular access and parking to minimize traffic congestion in the vicinity of the proposed special exception. The Zoning Hearing Board shall not approve a use in areas where a professional traffic engineering study indicates that a proposed use or structure will burden existing traffic so as to enhance the danger and congestion in travel and transportation and increase the number of accidents unless the property owner or applicant agrees to provide such traffic improvements as determined by the study.
G. 
The special exception shall preserve the spirit, intent and purpose of this chapter.
H. 
A public hearing shall be held prior to the Zoning Hearing Board deciding each request for a special exception.
I. 
The Zoning Hearing Board shall not approve a special exception until:
(1) 
A written application for a special exception is submitted to the Zoning Officer, indicating the section of this chapter under which it is required.
(2) 
Notice is given.
(3) 
A public hearing is held.
J. 
If the Zoning Hearing Board determines that the application for a special exception meets all the applicable requirements of this chapter, the Board shall direct the issuance of a building permit for such special exception.
A. 
Automobile repair and sales shall have direct access to an arterial road.
B. 
All automobile repair and sales shall have a maximum lot area of one acre.
C. 
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
D. 
All outdoor display areas adjacent to a residence or residential zoning district shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.
E. 
Automobile repair and automobile sales and service (dealership) may be provided so long as any area not within a building which is used for the display of automobiles shall be bordered by curbing or barrier.
F. 
All lights used to illuminate automobile sales area shall be so arranged as to reflect the light away from adjoining properties and roadways.
G. 
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances. Where an automobile display area abuts a residential use, it shall be bordered by a fence or hedge not less than four feet in height.
H. 
Landscaping requirements:
(1) 
One tree (2 1/2 inches cal.) per 15 display spaces shall be planted on the lot.
(2) 
A decorative landscaped strip shall be located immediately adjoining the supporting structure of any signage in all directions.
(3) 
A hedge or other desirable planting of at least two feet in height shall extend the entire length and breadth of the required landscaped strip.
I. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
J. 
The maximum lot area for an automobile repair and sales station shall be 20,000 square feet.
K. 
The use shall have direct ingress/egress to an arterial road.
L. 
All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
M. 
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
N. 
All fuel, oil and other flammable substances shall be stored at least 20 feet from any property line.
O. 
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.
A. 
There shall be no crematory or receiving vaults, nor any external display of merchandise on the premises.
B. 
One off-street loading space shall be provided for every 10,000 square feet of GFA.
C. 
No loading and unloading of merchandise and cadavers shall occur, under any circumstances, on public property or shall be visible from the public right-of-way.
D. 
An occupancy or building permit shall not be issued unless they are filed with the written consent of 60% of the residential lot owners within 200 feet of the proposed structure. Lot(s) owned by the applicant shall not be included in such consents.
A. 
The landowner and/or developer shall demonstrate that the primary visitor dropoff and pickup area is located in a manner that does not cause undue traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Borough Engineer to ensure employee and visitor safety.
C. 
If the parking area is adjacent to a residential use, the following shall apply: An additional ten-foot setback for the respective lot line shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential use.
(1) 
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
(2) 
A berm shall be installed along the parking area proposed adjacent to the lot line shared with the residential use, a minimum of 3.5 feet in height at its peak, and the sides do not exceed a four-foot-horizontal-to-one-foot-vertical change in elevation. The berm shall be landscaped with plants that provide four seasons of vegetated cover not including turf grass.
D. 
The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent properties. The landowner and/or developer shall provide a signed and sealed engineer's stormwater management plan approved by the Borough Engineer and compliant with the Stormwater Ordinance.[1]
[1]
Editor's Note: See Ch. 171, Stormwater Management.
A. 
No drive-through window or the like shall be located in a front yard.
B. 
The drive-through shall have direct access to a public right-of-way.
C. 
A minimum of three stacking spaces shall be provided for each drive-through lane.
D. 
Stacking shall not interfere with the normal traffic flow within the lot nor shall it cause the stopping of vehicles on any public right-of way.
A. 
Required off-street parking for the restaurant shall be clearly designated and shall be located within 300 feet of the entrance to the restaurant.
B. 
Dumpsters and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.
C. 
Outdoor storage of materials shall not be permitted.
D. 
A delivery plan for the use shall be submitted for review and approval.
A. 
Such use shall not exceed the impact on the environment and adjacent streets of any use specifically listed as permitted in the zoning district in which the commercial school is located. In making such determination, the following considerations shall be reviewed:
(1) 
The number of employees.
(2) 
The number of students.
(3) 
The floor area of the building or gross area of the lot devoted to the proposed use.
(4) 
The type of products, materials, equipment and/or the process involved in the proposed use.
(5) 
The traffic and environmental impacts.
(6) 
The ability of the proposed use to comply with the performance standards of this chapter.
B. 
The commercial school shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
C. 
Commercial schools shall have a minimum of one point of ingress/egress to a collector or arterial road as defined by this chapter. The road shall have sufficient capacity to handle traffic generated by the facility.
D. 
As part of all land development, the landowner and/or developer shall provide a plan for photometries of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
E. 
At no time shall any supply materials or equipment be permitted to be stored outdoors.
F. 
The owner(s) and operator(s) of a commercial school shall be responsible for the conduct and safety of its students, staff, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by its students, staff, visitors and guests.
A. 
Access drives shall be located to take maximum advantage of sight distances for motorists; shall be as remote as possible from street intersections.
B. 
Parking areas shall be screened from view of neighboring houses or those directly across the street from the lot.
C. 
Buildings on the lot shall be set back at least 30 feet from side yard lines and shall be no higher than 45 feet and 2 1/2 stories.
D. 
If group housing is included on the lot, the setback and density requirements of the base zoning district shall apply.
E. 
Recreational areas shall be located no closer than 30 feet to an abutting street or 10 feet to other lot lines.
F. 
The school's course of instruction or other activities on the lot shall not create noise, dirt, glare, dust or other nuisances on adjacent properties.
[1]
Editor's Note: Former § 205-509, Telecommunications tower, was repealed 8-19-2019 by Ord. No. O13-2019.