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.
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, and any other applicable Borough Codes, provided that
a twenty-four-hour notice is given.
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.
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, and all other applicable Borough codes and state regulations
and statutes shall be met.
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:
(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.
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.