This Part 10 sets forth special regulations for certain uses permitted as special exceptions in Part 4 of this chapter. Such use of land or buildings may be permitted by the Zoning Hearing Board following review and recommendation of the Planning Commission. These regulations are meant to serve as guidelines for measuring the impact on the community of each application for a special exception. The provision for special conditions is set forth because special exception uses may have considerable aesthetic, traffic, environmental, and overall land use impact on the community.
1.
All applicants shall submit three sets of site plans to the Zoning
Officer when making application for a Zoning Permit. The following
information shall be included, where applicable:
A.
A statement as to the proposed use of the building or land.
B.
A site layout drawn to a scale of not less than one inch equals 50
feet showing the location, dimensions and height of proposed buildings,
structures, or uses and any existing buildings in relation to property
and street lines. If the application relates to property which is
scheduled to be developed in successive stages, such plans shall show
the relationship of the portion scheduled for initial development
to the proposed layout of the entire property.
C.
The location, dimensions, and arrangements of all open spaces and
yards and buffer yards including methods and materials to be employed
for screening.
D.
The location, size, arrangement and capacity of all areas to be used
for motor vehicle access, off-street parking, off-street loading and
unloading and provisions to be made for lighting such areas.
E.
The dimensions, location and methods of illumination for signs, if
applicable.
F.
The location and dimensions of sidewalks and all other areas to be
devoted to pedestrian use.
G.
Provisions to be made for treatment and disposal of sewage and industrial
wastes, water supply and storm drainage.
H.
The capacity and arrangement of all buildings used or intended to
be used for dwelling purposes, including the proposed density in terms
of number of dwelling units per acre of land.
I.
A description of any proposed industrial or commercial operations
in sufficient detail to indicate effects of those operations in producing
noise, glare, air pollution, water pollution, fire hazards, traffic
congestion or other safety hazards.
J.
Description of methods to be employed in controlling any excess noise,
air pollution, smoke, fumes, water pollution, fire hazards or other
safety hazards.
2.
The Zoning Officer shall, within 10 days of plan submission, which
is in total compliance with the requirements of this section, submit
one copy of said plan to the Zoning Hearing Board and one copy to
the Borough Planning Commission.
3.
The Planning Commission shall, within 45 days of receipt of said
plan, review and submit a recommendation to the Zoning Hearing Board
which after a public hearing, approve or disapprove the proposed use.
If disapproved, the reasons for disapproval shall be clearly stated
on one copy of the submission and returned to the applicant. The Zoning
Officer shall deny a Zoning Permit for the proposed development until
written approval of the Zoning Hearing Board is obtained. Approval
may be made conditional upon the applicant's adoption of specified
changes in the submission.
4.
The absence of action on the part of the Zoning Hearing Board within
the said 45 days is deemed to constitute a recommendation for approval
of the use.
The Zoning Hearing Board shall approve any proposed special
exception use if they find adequate evidence that any proposed use
will meet all the following general requirements as well as any specific
requirements and standards listed in this chapter for the proposed
use. Conditions and requirements are as follows. The proposed special
exception use shall be:
1.
In accordance with stated community development objectives and consistent
with the spirit, purposes, and intent of this chapter.
2.
In the best interests of the Borough, the convenience and public
welfare of the community, and be an improvement to property in the
immediate vicinity.
3.
Suitable for the property in question, and designated, constructed,
operated and maintained so as to be in harmony with, and appropriate
in appearance with the existing or intended character of the general
vicinity.
4.
In conformance with all applicable requirements of this chapter.
5.
Suitable in terms of permitting the logical, efficient and economical
extension of public services and facilities such as public water,
sewers, police, and fire protection and public schools.
6.
Suitable in terms of effects on street traffic and safety with adequate
sidewalks and vehicular access arrangements to protect major streets
from undue congestion and hazard.
7.
In accordance with any additional conditions imposed by the Zoning
Hearing Board regarding layout, circulation and performance it deems
necessary to insure that any proposed development will substantially
secure the objectives of this chapter.
[As amended by Ord. 646, 4/13/1988, § 15; by Ord. 665, 2/8/1989, § 4; by Ord. 677, 8/8/1989, § 4; by Ord. 702, 4/10/1991, § 5; by Ord. 722, 11/11/1992, § 4; by Ord. 757, 11/5/1997, § 4 and by Ord. 860, 4/19/2006]
1.
Cemetery. The following minimum requirements shall be met:
A.
The cemetery shall have an area of not less than three acres.
B.
A plan shall be submitted which, in general, shall conform to all
the requirements of a subdivision plan, except that individual lots
need not be shown. No plan shall be acceptable which does not provide
for the continuation of existing streets or of streets already projected
or shown on a part of a comprehensive plan for the Borough.
C.
No structures, including fences, shall be built within any yard and,
for this purpose, yard requirements shall conform to the regulations
for the respective residential district in which the cemetery may
be located.
D.
Additional setbacks and planting to screen the cemetery from adjacent
areas may be required by the Zoning Hearing Board.
2.
Community Center. The following minimum requirements shall be met:
4.
Multiple Family Dwellings. The following minimum requirements shall
be met:
A.
Density. The overall gross density of occupancy in any permitted
multiple family development shall not exceed the dwelling unit density
allowed for multiple family dwellings in Part 5.
B.
Floor area. The minimum floor area per dwelling unit shall be 500
square feet.
C.
Buffer yards. Buffer yard may be required.
D.
Minimum horizontal distance facing walls of any two buildings or
one building with facing walls shall be 50 feet where two facing walls
both contain a window or windows and 25 feet between two facing walls
only one of which contains a window or windows. No two buildings shall
be closer than 20 feet to one another.
E.
Water, Sewer and Drainage. The proposed development shall be served
by both a public water system and a public sewage system. A storm
run-off and drainage system shall be installed by the developer. Drainage
plans shall be submitted with the application for Zoning Permit and
shall be subject to review and approval by the Borough Engineer.
F.
The proposed use shall be designed as a single architectural project
with landscaping as determined by the Borough Planning Commission.
G.
In addition to the off-street parking provisions of Part 7, the following
additional requirements shall be met:
- All parking spaces and access drives shall be at least 15
feet from any multiple family dwelling on the lot.
- No one area for off-street parking of motor vehicles shall
exceed 40 cars in capacity. Separate parking areas on a parcel shall
be physically separated from one another by a six-foot wide planting
strip.
H.
Refuse Storage. All refuse receptacles shall be suitably screened
from view.
I.
Common Open Space. Adequate provisions for the continuous ownership
and maintenance of any proposed common use areas such as parks, play
areas, nondedicated streets, parking areas, and general open space.
5.
Veterinarian Hospital and Boarding Kennel. No veterinarian hospital
or boarding kennel shall be located closer than 100 feet to any residential
district, restaurant or hotel. Adequate measure shall be taken to
prevent offensive noise and odor. Incineration of refuse shall not
be permitted on the premises.
6.
Bed and breakfast home, the following requirements shall be met:
A.
The dwelling shall contain a minimum floor area of 3,000 square feet
of habitable space as defined in the BOCA National Building Code.
B.
There shall be a 1/2 acre minimum lot size.
C.
No more than 1/2 of the available bedrooms in the home, with a maximum
of three bedrooms, shall be utilized for lodging rentals, and not
more than two adults shall be permitted to stay in each room.
D.
The bed and breakfast home use shall be clearly incidental and secondary
to the principal use of the building as an owner-occupied primary
dwelling.
E.
In addition to the parking requirements in Part 7 of this chapter for the principal use, off-street parking shall be provided on the subject property for a number of parking spaces equal to the number of rooms designated for rental use within the bed and breakfast home.
F.
Off-street parking shall be separated from adjoining properties by
live evergreen screening where deemed necessary and approved by the
Planning Commission and Zoning Hearing Board.
G.
No sign or other designation of the bed and breakfast home shall
be established except as may be otherwise allowed under this chapter.
H.
All refuse receptacles shall be completely screened from view.
I.
Guests shall be permitted occupancy for not more than 18 consecutive
nights.
J.
Food service shall be limited to breakfast served only to guests
lodging at the facility.
K.
Rooms used for overnight accommodations shall be part of the primary
residential structure and shall not have been specifically constructed
for rental purposes.
L.
No exterior alterations, other than those necessary to ensure the
safety of the structure or its occupants, shall be made to any building
for the purpose of providing a bed and breakfast.
M.
The usable open space requirement shall be 2,500 square feet.
7.
Adult Uses. The following minimum requirements apply:
A.
Adult uses shall not be located closer than 250 feet to any elementary
school, secondary school or other school or educational institution
attended by minors, or to any church, chapel, synagogue or other place
of worship or to any monastery, convent, rectory, park or playground
or to any establishment serving alcoholic beverages, or within 1,000
feet of any other adult use.
B.
The owners within 1,000 feet of a proposed establishment shall be
notified of the hearing for the proposed use. The notice shall be
delivered by certified mail and shall be mailed at least two weeks
prior to the hearing.
C.
The total square footage for signs shall be 30 square feet.
D.
Sign messages and other messages visible from outside the property
(such as on or within doors or windows) (1) shall be limited to verbal
description of material or services available on the premises; and
(2) shall not include any graphic or pictorial depiction of material
or services available on the premises.
E.
In case of special conditions, or hardship shown, variances may be
granted in accordance with the applicable provisions of the ordinances
of the Borough of Stroudsburg.
8.
Gaming Establishments. The following minimum requirements apply:
A.
Gaming establishment shall not be located closer than 250 feet to
any elementary school, secondary school or other school or educational
institution attended by minors, or to any church, chapel synagogue
or other place of worship, or to any monastery, convent, rectory,
park or playground, or to any establishment serving alcoholic beverages
or within 1,000 feet of any adult use or other gaming establishment.
B.
The owners within 1,000 feet of a proposed gaming establishment shall
be notified of the hearing for the proposed use. The notice shall
be delivered by certified mail and shall be mailed at least two weeks
prior to the hearing.
C.
The total square footage of signs shall be 30 square feet.
D.
Sign messages and other messages visible from outside the property
(such as on or within doors or windows) (i) shall be limited to verbal
description of material or services available on the premises; and
(ii) shall not include any graphic or pictorial depiction of material
or services available on the premises.
E.
In case of special conditions or hardship shown, variances may be
granted in accordance with the applicable provisions of the ordinances
of the Borough of Stroudsburg.
9.
Gasoline or Filling Station.
[Added by Ord. No. 1055, 7/17/2018]
A.
A site circulation plan shall be devised that separates those patrons
awaiting fueling service from those patrons awaiting other services.
The plan shall include the following information:
B.
This use shall comply with all applicable federal, state, and Stroudsburg
Borough laws, rules, ordinances, and/or regulations.
C.
The subject property shall front on a main arterial road (PA Route
191, 209 or 611), and such frontage shall measure a minimum of 200
feet.
D.
The subject property shall be a minimum of 40,000 square feet in
area.
E.
Aboveground and underground fuel storage tanks, fuel dispensers and
pumps, filling connections/caps and piping, and lighted canopies and
awnings covering such structures and components shall be set back
at least 300 feet from any lot containing a school, day-care facility,
playground, library, hospital, or nursing home or 100 feet from the
lot line of any dwelling.
G.
A buffer yard/screen planting of no less than 10 feet in depth shall
be maintained along all property lines abutting a residential use.
H.
Parking shall not be permitted between the main entrance of the store
and the refueling bays.
