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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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 XX.
D. 
All the requirements of Article XII, 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 in accordance with ADA standards 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 Zoning Officer 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, extent, and adequacy 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.
J. 
The Zoning Officer may inspect any conversion for compliance with the Borough Zoning, Building, Maintenance,[1] and any other applicable Borough Codes, provided that a twenty-four-hour notice is given.
[1]
Editor's Note: See also Ch. 53, Building Construction, Ch. 61, Construction Codes, Uniform, and Ch. 137, Property Maintenance.
Professional Home Office shall be permitted as a special exception in the R-1 Residential District.
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 an employee or volunteer.
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 XII.
K. 
A home occupation shall in no case be operated before 6:00 a.m. or after 8:00 p.m.
L. 
All home occupations shall be subject to an annual inspection by the Zoning Officer or designate.
M. 
A special exception shall not be granted when it appears 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 C-2 Commercial 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 two 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 XII.
F. 
Surface parking lots shall be subject to the requirements of §§ 182-76, 182-77, 182-78 and 182-80.
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 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 yards
50 feet
Building coverage
40%, maximum
Impervious surface
60%, maximum
Height
35 feet, maximum
Parking
As required in Article XII
Signs
As required in Article XIII
Family-based community residence facilities shall be permitted by special exception in the R-1 Residence Districts.
A. 
Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies prior to final approval of the application.
B. 
No facility shall be located within 400 feet of an existing facility as measured from the property lines.
C. 
There must be an on-site supervisor on a continuous twenty-four-hour basis by individuals possessing the proper qualifications for their position.
D. 
Any alterations or additions to the exterior of a family-based facility shall be compatible with the existing structure and in keeping with the neighborhood character, excluding required safety modifications.
E. 
Parking shall be provided in accordance with Article XII.
F. 
All other applicable requirements of this chapter, the building code, the fire code,[1] and all other applicable Borough codes and state regulations and statutes shall be met.
[1]
Editor's Note: See also Ch. 53, Building Construction, Ch. 61, Construction Codes, Uniform, and Ch. 82, Fire Prevention.
G. 
All community residence facilities shall be available for reasonable periodic inspections by the appropriate Borough representative and other parties holding jurisdiction.
H. 
The operator of the facility must register annually with the Zoning Officer and provide the following information:
(1) 
Name of operator.
(2) 
The profit or nonprofit status of the facility.
(3) 
The registration of the facility under the Department of Public Welfare.
(4) 
The name of each resident currently residing in the facility.
(5) 
Such other information that is reasonably requested by the Borough.
The following general provisions apply to each of the three defined types of child-day-care facilities. In addition, each type of child-day-care facility shall comply with the specific individual regulations for each type of facility:
A. 
Day-care service for children by caregivers.
(1) 
The provisions of this section pertain to day-care service for children by caregivers in:
(a) 
Family day-care homes (permitted by special exception in R-1 and R-2).
(b) 
Day-care centers (permitted by special exception in C-2 Commercial District).
(2) 
Subject to Article 2, Sections 8A, 8B, and 8C of the Department of Public Welfare (DPW) Social Services Manual Regulations, day-care service for children shall include out-of-home child-day-care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day-care service for children shall not include babysitting or day care furnished in places of worship during religious services.
B. 
Family day-care homes, as defined in Article II, must hold an approved and currently valid DPW registration certificate. Group day-care homes and day-care centers, as defined in Article II, must hold an approved and currently valid DPW license. In addition, all child-day-care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or local building and fire safety codes.
C. 
Notification.
(1) 
Each operator of a newly established child-day-care facility shall notify the Borough in writing at least 15 days prior to the initiation of such use, for the purpose of allowing the Borough to establish a record of new land use. Already existing licensed or registered facilities shall be required to notify the Borough of its operation in writing at least 60 days after enactment of this section. In addition, the operator of any facility must certify compliance with all aspects of this section and all other applicable municipal requirements.
(2) 
Family day-care homes must provide proof of an approved DPW registration certificate at the time of initial notification to the Borough and must show proof of the registration renewal every two years. At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Borough in writing at least 15 days prior to the expansion of the use and provide proof that all requirements for licensure by DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day-care homes established in subsection 3 below.[1]
[1]
Editor's Note: So in original.
D. 
No portion of a child-care facility shall be located within 300 feet of any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff, and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.
E. 
Outside play shall be limited to the hours between 8:00 a.m. and 8:00 p.m.
F. 
An outdoor play area, as required by DPW regulations, shall be provided for any proposed child-day-care facility.
(1) 
An on-site outdoor structured play area or areas of high outdoor activity shall be located in yard areas which provide adequate separation, safety, and protection from adjoining uses, properties, and roadways. Whenever possible, the on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child-care facility.
(2) 
In accordance with DPW standards, a child-day-care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a one-half-mile distance of the facility, measured from the property line of the facility. For reasons of safety, when children will be walked to an off-site play area, the route to the off-site play area shall not involve the crossing of avenues or state roads. Pedestrian access on sidewalks or improved walkways shall be required.
G. 
Any addition or improvement to an existing residential structure or property for purposes of child-day care shall preserve its residential character. The scale, bulk, height, and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable municipal regulations relating to building and/or zoning permits.
H. 
Any proposed child-day-care facility which will generate 100 or more new trips during the morning or evening peak hour shall be required to conduct a traffic impact study.
(1) 
The purpose of the traffic impact study is to provide the local Planning Commission and governing body with adequate information and data to properly assess the impact of the proposed facility on the surrounding road and street network, as well as on streets and roads providing immediate access to the proposed development.
(2) 
The need for capital improvements to the existing transportation network which will be needed to accommodate the additional traffic generated by the proposed facility.
(3) 
Traffic and/or pedestrian safety issues which may arise from the proposed facility.
I. 
Day-care facilities shall not be permitted in multifamily dwellings and apartments.
Any proposed family day-care home shall comply with the following standards in addition to the general provisions for all types of child-day-care facilities in § 182-123 above.
A. 
One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the dropoff area and the proposed use fronts on an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the municipal dimensional standards for residential parking spaces.
(1) 
In cases where the dropoff area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
(2) 
The required dropoff area may be waived by the municipality if the applicant can demonstrate that the clients of the family day-care home will walk to the facility, thereby eliminating the need for the additional parking space.
B. 
If there are unsafe areas, such as open drainage ditches, wells, holes, heavy street traffic, etc., in or near an outdoor play area, there shall be fencing to restrict children from these areas. Natural or physical barriers, such as hedgerows, walls, or dense vegetation may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.
C. 
The applicant shall demonstrate that the children in the family day-care home can safely, quickly, and easily vacate the premises in case of emergency.
D. 
The hours of operation shall be limited to between 6:30 a.m. and 8:00 p.m.
Any proposed day-care center shall comply with the following standards in addition to the general provisions for all types of child-day-care facilities in § 182-123 above:
A. 
A minimum of one safe dropoff space shall be provided for each 20 children that the facility is licensed to accommodate.
(1) 
Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or the required dropoff spaces may be designed as part of a driveway providing direct access to the facility.
(2) 
When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnaround area 12 feet in width exclusive of the driveway through traffic lane(s).
B. 
In order to physically contain the activity of children in the outside play area, a minimum four-foot-high fence shall be erected along the perimeter of the outside play area. When applicable, the fence may be located along property lines.
C. 
Play equipment in designated on-site play areas shall be located at least 10 feet from an abutting property line.
D. 
The proposed day-care center shall not be detrimental to the use, development, peaceful enjoyment, and economic value of the surrounding properties or the neighborhood.
E. 
The proposed day-care center shall be compatible with the existing character of the neighborhood.