The purpose of this article is to provide conditions and standards
for 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 MPC, as
amended.
In any instance where the Zoning Hearing Board is required to
consider a request for a special exception, the Zoning Hearing Board
shall consider the provisions of this article.
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 not be less than those for single-family dwellings
in the district where the use is proposed.
B. The Zoning Hearing Board may require additional, reasonable but more stringent standards than those required in Subsection
A above, provided that the Board makes one or more of the following determinations:
C. That the requirements of Subsection
A above are clearly:
(1)
Insufficient to accommodate the proposed building, facility,
or use, and that greater dimensional requirements would substantially
alleviate that condition.
(2)
Insufficient to provide adequate area for parking and loading, as required by Article
XIII, and that greater requirements would substantially alleviate that condition.
(3)
Insufficient to provide for lot areas and dimensions necessary
to protect the adjacent area from the potential adverse impacts of
the proposed use, such as noise, vibration, air pollution, and similar
impacts, and that greater dimensional requirements would substantially
alleviate that condition.
D. All parking requirements of Article
XIII shall be followed.
A major home occupation shall be permitted as a special exception
in the R-1 Residential District, subject to the following regulations:
A. The occupation 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. Parking shall be provided, subject to Article
XIII.
J. A home occupation shall in no case be operated before 8:00 a.m. or
after 8:00 p.m.
K. All home occupations shall be subject to periodic inspection by the
BCO or ZO.
L. A special exception shall not be granted when it appears to the Zoning
Hearing Board that the proposed major home occupation 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.
In the R-3 Apartment and GB General Business Districts, apartment
buildings containing more than four units shall be permitted as a
special exception. In the GB District, the apartment building shall
not exceed 10 units. These apartment buildings shall be subject to
the requirements below:
A. Lot area: 2,000 square feet per unit, with a minimum of 12,000 square
feet.
B. Lot width: 60 feet minimum.
C. Yards:
(1)
Front yard: 30 feet minimum.
(2)
Side yards: 25 feet aggregate and 10 feet minimum.
(3)
Rear yard: 30 feet minimum.
D. Building coverage: 45% maximum.
In the MC Municipal Center District, municipal facilities,
heavy impact, including storage, repair, and parking of trucks, cars,
and heavy equipment for municipal purposes, shall be permitted only
as a special exception, subject to the following requirements:
A. Height and all setbacks shall be in accordance with §
600-36.
B. There shall be a planted visual screen, subject to §
600-114, along the side and rear lot lines wherever a boundary is formed with a residential district.
C. Outdoor storage shall be allowed, provided that a planted visual screen, subject to §
600-114, is provided.
D. All special exception fees for municipal facilities shall be waived.