In addition to the general standards for all special exceptions as contained in § 160-49, the specific standards for the particular uses allowed by special exception are set forth in this article. These standards must be met prior to the granting by the Zoning Hearing Board of a special exception for such uses in applicable zones.
[Amended 10-6-2003 by Ord. No. 2003-3; 12-7-2009 by Ord. No. 2009-3]
In an R Zone and a V Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Access shall be via an arterial or collector street as designated by the Borough Comprehensive Plan.
B. 
Public sewer and public water must be utilized.
C. 
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited, to fences, walls, planting and open spaces.
D. 
Each convalescent or nursing home must comply with all applicable requirements of State and Federal laws and regulations.
In any zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A. 
Expansion of the nonconformity shall be confined to the lot on which it is located on the effective date of this chapter or any amendment thereto creating the nonconformity.
B. 
The total of all such expansions or alterations of use shall not exceed an additional 35% of the area of those buildings or structures devoted to the nonconforming use as they existed on the date on which such buildings or structures first became nonconformities.
C. 
Provisions for driveways, off-street parking and off-street loading shall be consistent with standards required by this chapter.
D. 
Provision for yards, building height and building area shall be consistent with the standards required for permitted uses in the zone in which the nonconformity in question is located.
E. 
Appearance should be harmonious with surrounding properties. This feature includes, but is not limited to, landscaping, enclosure of principal and accessory uses, height control, sign control, architectural control and maintenance in good conditions of all improvements and open spaces.
F. 
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
G. 
The expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities.
[Amended 10-6-2003 by Ord. No. 2003-3]
In a V Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Buildings must be set back at least 50 feet from any street line.
B. 
Fuel pumps must be set back at least 25 feet from any street line.
C. 
The number of access drives may not exceed two per lot on any one street frontage. Access drives must be located as follows:
(1) 
Minimum offset from intersection of any two street right-of-way lines: 40 feet.
(2) 
Side lot line offset: 10 feet.
(3) 
Minimum width: 12 feet.
(4) 
Maximum width: 35 feet.
(5) 
Minimum separation of drives on same lot: 25 feet.
D. 
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
E. 
All lights must be diverted toward the gas station or downward on the lot.
F. 
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjacent properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create fire hazard.
In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Access must be via an arterial street or collector street as designated in the Borough Comprehensive Plan.
B. 
No sale of general hardware, power tools or motorized equipment is permitted and no outdoor display of tools or equipment is permitted.
[Amended 10-6-2003 by Ord. No. 2003-3]
In a V Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
The area shall be screened from view of adjacent properties with a wall, fence or planting whenever outdoor storage is required.
B. 
No materials may be stored so as to create a fire, safety or health hazard.
In any zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A. 
In a V Zone, permitted occupations or professions shall include the following: physician, dentist, clergyman, lawyer, engineer, surveyor, accountant, architect, teacher, artist, licensed insurance or real estate agent, seamstress, barber, beautician and similar service occupations and professions. In an R Zone, permitted occupations or professions shall include those listed above except the following: physician, dentist, barber and beautician.
B. 
A home occupation or profession may be carried on in a dwelling unit or in a structure accessory to a dwelling unit. The floor area devoted to a home occupation or profession shall be equivalent to not more than 30% of the ground floor area of the dwelling unit.
C. 
No more than two nonresidents of the dwelling unit may be employed.
D. 
The character or external appearance of the dwelling unit must be that of a dwelling. No display or products may be shown so as to be visible from outside the dwelling unit. A name plate not larger than two square feet in area is permitted. It must be illuminated only by indirect lighting.
E. 
Besides the required parking for the dwelling unit, additional off-street parking is required as follows:
(1) 
One space for the home occupation and one space for each nonresident employee; and
(2) 
Two additional spaces for a physician, dentist, barber or beauty shop.
In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Access must be via an arterial street or collector street as designated in the Borough Comprehensive Plan.
B. 
No sale of general hardware, power tools or motorized equipment is permitted and no outdoor display of tools or equipment is permitted.
In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Minimum lot area shall be 40,000 square feet.
B. 
Minimum lot width shall be 150 feet.
C. 
Minimum side setbacks of 25 feet each shall be provided.
D. 
All parking areas shall be located at least 10 feet from any property line or street line.
E. 
Access shall be via an arterial or collector street as designated by the Borough Comprehensive Plan.
F. 
Buffers and screens shall be provided as necessary to adequately protect neighboring properties. This includes but is not limited to fences, walls, planting and open spaces.
In a V Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Minimum lot area shall be 40,000 square feet.
B. 
Minimum lot width shall be 150 feet.
C. 
The area used for junkyard purposes shall be completely enclosed with a solid fence or wall, at least eight feet high constructed of plank boards, brick, cinder block or concrete, with access only through solid gates. Such fence or wall shall be set back at least 20 feet from any side or rear property line and at least 35 feet from any street line.
D. 
The contents of a junkyard shall not be placed or deposited to a height greater than the height of the fence or wall herein prescribed.
E. 
No materials may be stored so as to create a fire, safety or health hazard.
In a V Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Setbacks. All animal shelters, fenced enclosures and runs shall be located at least 50 feet from any property line or street line and shall be sufficiently screened and insulated so as to protect adjacent properties from inappropriate noise, odor and other disturbances.
B. 
Provision shall be made for adequate disposal of animal wastes.
In a V Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Manufacturing or industrial establishments may not:
(1) 
Cause dust, smoke, fumes, gas or offensive odors to be disseminated beyond the boundaries of the lot.
(2) 
Cause vibration beyond the boundaries of the lot.
(3) 
Cause noise exceeding that of adjacent street traffic.
[Amended 10-6-2003 by Ord. No. 2003-3]
(4) 
Cause glare observable from beyond the boundaries of the lot.
(5) 
Constitute an unusual fire or explosion hazard.
B. 
All areas for parking, service, storage and/or other elements which because of their appearance would be offensive to those occupying adjoining lots or those on the street shall be screened, landscaped or otherwise treated to eliminate the offensive condition.
In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Minimum lot area shall be 40,000 square feet.
B. 
Minimum lot width shall be 150 feet.
C. 
Minimum side setbacks of 25 feet each shall be provided.
D. 
All parking areas shall be located at least 10 feet from any property line or street line.
E. 
Access shall be via an arterial or collector street as designated by the Borough Comprehensive Plan.
F. 
Public sewer and public water must be utilized.
G. 
Appearance shall be harmonious with adjoining properties. This feature includes, but is not limited to, landscaping, height, signs and architecture.
H. 
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
I. 
Accessory services, including laboratories and pharmacies for the use of patients visiting medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:
(1) 
All entrances to parts of the building in which these accessory services are provided shall be from within the building, and any direct access from the street is prohibited.
(2) 
The hours during which these services are provided shall be the same as those during which medical practitioners are receiving patients.
(3) 
Signs or other evidence advertising or indicating the provision of these services visible from outside the building are prohibited, except that there may be erected one sign not exceeding two square feet in area attached to the building, any illumination thereof being white, nonflashing and limited to an enclosed lamp design.
In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
A mobile home park shall be located on a tract having an area of at least three acres. Such tract shall have at least 200 feet of frontage along an existing public street having a minimum 22 feet cartway width.
[Amended 12-7-2009 by Ord. No. 2009-3]
B. 
Each lot in a mobile home park shall be not less than 6,000 square feet in area and not less than 50 feet in width.
C. 
All buildings shall be located at least 50 feet from any property line defining the external boundary of the mobile home park.
D. 
Each lot in a mobile home park shall provide setbacks as specified in the Borough Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 138, Subdivision and Land Development.
E. 
Public sewer and public water must be utilized.
F. 
Along each property line separating the mobile home park from adjacent properties and public streets, a buffer yard shall be provided and shall be at least 15 feet in depth measured from the property line. Buffer yards shall be naturally landscaped and shall not be used for building, parking, loading or storage purposes. Except for access drives or pedestrian walks permitted by the Borough, a buffer yard shall be continuous for the entire length of a property line.
G. 
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
H. 
A mobile home park must comply with all requirements of Chapter 138, Subdivision and Land Development.
[Added 12-7-2009 by Ord. No. 2009-3]
A. 
Parking. Parking requirements in accordance with § 160-11 shall apply.
B. 
Lot consolidation. Lot consolidation restrictions in accordance Section _____ shall apply.
C. 
Signage. An advertising sign must be attached to the structure and located on the front facade of a building structure and shall be in accordance with § 160-9, "Outdoor Signs." Freestanding signs are prohibited.
[Amended 12-7-2009 by Ord. No. 2009-3]
In an R Zone or V Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
R Zone: Lot area requirement for each unit: 5,000 square feet of minimum lot area/unit.
B. 
Z Zone: no minimum lot area (§ 160-16.B shall apply).
C. 
Where an existing dwelling is converted to a multi-family or two-family dwelling, the character of the existing structure shall be maintained. No exterior modifications shall be permitted which alters the original style of the dwelling, its doors, windows or other details.
D. 
In the case of a multi-family conversion or two-family conversion, public sewer and public water must be utilized.
[Amended 12-7-2009 by Ord. No. 2009-3]
In an R or V Zone and subject to the requirements of the zone in which located, except as herein modified and provided:
A. 
In the case of the multi-family dwelling where individual dwelling units are located on a single lot and share with other units a common yard area (e.g., garden apartments), the following requirements shall apply:
(1) 
Lot area in the R Zone shall be three acres minimum and provide a minimum of 40,000 square feet for each multi-family structure. There shall be no minimum lot area in the V District however; every unit shall have a minimum of 700 square feet of floor area.
(2) 
Lot width in the R Zone shall be 150 feet minimum on a public street. Lot width in the V Zone shall be a minimum of 50 feet on a public street.
(3) 
Minimum side setbacks of 20 feet each shall be provided.
(4) 
The maximum number of units a multi-family dwelling structure may contain shall be 12 dwelling units.
(5) 
Public sewer and public water must be utilized.
(6) 
Distance between buildings. Where two or more multi-family dwellings are located on a single lot or parcel, the minimum distance between principal buildings shall be 40 feet.
(7) 
All parking areas shall be located at least 10 feet from any property line or street line.
(8) 
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
B. 
In the case of a multi-family dwelling where individual dwelling units are located on separate lots (e.g., townhouses or row houses), the following requirements shall apply:
(1) 
Lot area. Each lot shall have a minimum area of 3,000 square feet.
(2) 
Lot width. Each lot shall have a minimum width of 20 feet.
(3) 
There shall not be more than six dwelling units in any one row.
(4) 
Side setback shall be 25 feet minimum for dwelling units at the end of a row.
(5) 
Public sewer and public water must be utilized.
[Amended 10-6-2003 by Ord. No. 2003-3; 12-7-2009 by Ord. No. 2009-3]
In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Not more than 60% of the lot area may be covered with impervious surfaces.
B. 
Buffers and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
C. 
May only serve a use which is permitted by right or special exception in the R Zone.
D. 
Provision for storm drainage must be approved by the Borough Council.
[Amended 12-7-2009 by Ord. No. 2009-3]
In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Consideration shall be given to possible traffic problems. If the nature of the public building or facility is such that it will generate a high volume of vehicular traffic then access should be via an arterial or collector street as designated in the Borough Comprehensive Plan.
B. 
Side setback. Minimum side setbacks of 20 feet each shall be provided
C. 
All parking areas shall be located at least 10 feet from any property line or street line.
D. 
Buffers and screens shall be required as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
[Amended 12-7-2009 by Ord. No. 2009-3]
In an R Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
There shall be no specified minimum lot size, however, each lot shall provide front, side and rear yards in accordance with the regulations of the R Zone.
B. 
The storage of vehicles or equipment used in the maintenance of any utility shall not be permitted.
C. 
No equipment causing unreasonable noise, vibration, smoke, odor or hazardous effect shall be installed.
D. 
Buffer and screens shall be provided as necessary to adequately protect adjacent properties. This includes, but is not limited to, fences, walls, planting and open spaces.
[Added 12-7-2009 by Ord. No. 2009-3]
A. 
Parking. Parking requirements in accordance with § 160-11 shall apply.
B. 
Signage. An advertising sign must be attached to the structure and located on the front facade of a building structure and shall be in accordance with § 160-9, "Outdoor Signs." Freestanding signs are prohibited.
C. 
Illumination. All parking areas shall be illuminated in accordance with § 160-14, "Illumination," shall apply.
[Added 12-7-2009 by Ord. No. 2009-3]
A. 
Each sleeping room shall be limited to one bed.
B. 
Off-street parking requirements in accordance with § 160-11, "Parking."
C. 
Verification of adequate sewer and water facilities.
[Amended 12-7-2009 by Ord. No. 2009-3]
In a V Zone and subject to the requirements of that zone, except as herein modified and provided:
A. 
Minimum lot area shall be 40,000 square feet.
B. 
Minimum lot width shall be 140 feet.
C. 
Setbacks. All buildings shall be located at least 20 feet from any side or rear property line and at least 50 feet from any street line.
D. 
Parking. A minimum of 5.5 parking spaces per 1,000 square feet of gross leasable floor area shall be provided.
E. 
A buffer yard measuring at least 20 feet in depth must be provided on the site in all instances where the site adjoins an R Zone. The buffer yard shall be naturally landscaped and shall not be used for building, parking, loading or storage purposes.
[Added 12-7-2009 by Ord. No. 2009-3]
A. 
Parking. Parking requirements in accordance with § 160-11 shall apply.
B. 
Lot consolidation. Lot consolidation restrictions in accordance Section _____ shall apply.
C. 
Signage. An advertising sign must be attached to the structure and located on the front facade of a building structure and shall be in accordance with § 160-9, "Outdoor Signs." Freestanding signs are prohibited.
D. 
Illumination. All parking areas shall be illuminated in accordance with § 160-14, "Illumination," shall apply.
E. 
Loading and unloading areas. Such space for loading and unloading of goods and services to a tavern establishment shall be in accordance with § 160-12. Such space shall be visibly marked and paved. Each loading and unloading space shall be 10 by 30 feet.