[Ord. 559, 6/20/1959, Section 1501; amended by Ord. 578, 6/10/1960, Section 6; Ord. 753, 10/13/1969, Section 3; Ord. 850, 5/6/1974, Section 14, 16; Ord. 932, 3/7/1978, Section 1; Ord. 941, 9/11/1978, Section 123, 128; Ord. 961, 9/11/1979, Section 1(G); Ord. 1010, 8/4/1981, Section 1; Ord. 1788, 7/14/2004, Section 5; Ord. 1322, 4/4/1991]
Under powers as set forth in this section, the Zoning Hearing Board, after referral to the Planning Commission for review and submittal of a report within 15 days and after public hearing, may authorize a permit as a special exception, subject to the conditions set forth and any further conditions the Board may deem best suited to insure safety and general welfare, minimize traffic and to safeguard adjacent properties, for the following:
a. Child Day-care center. Day-care centers for children are permitted in R-3 districts, provided that:
In addition to the parking requirements of residential uses located on the premises, there shall be one off-street parking space for each employee not living on the premises plus one off-street parking space for each 10 children based on the enrollment.
The gross floor area shall comply with the standard regulations set forth by the State of Pennsylvania.
There shall be an outdoor play area of at least 100 square feet per child enclosed by a minimum four-foot high fence.
c. Family Day Care Homes. Family day care homes are permitted in R-3 districts, provided:
The standards of lot size, setbacks, off-street parking and signs shall conform to the regulations set forth for that type of residential use within the district that the use is located.
There shall be no more than one employee who is not a member of the family.
The gross floor area shall comply with the standard regulations set by the State of Pennsylvania.
The outdoor play area shall comply with the standard regulations set forth by the State of Pennsylvania and shall be adequately fenced or screened to protect the children, unless the home has received State approval to use a park or other similar public area to meet outdoor play area requirements.
d. Private Academic Schools and Religious Schools. Private academic schools and religious schools are permitted in the R-3 district, provided:
That a minimum of one off-street parking space for each employee be provided. Where there are more than two employees, there shall be one additional off-street parking space for each five children based on the enrollment.
The gross floor area shall comply with the standard regulations set forth by the State of Pennsylvania.
The outdoor play area shall comply with the standard regulations set forth by the State of Pennsylvania and shall be adequately fenced or screened to protect the children, unless the school has received State approval to use a park or other similar public area to meet outdoor play area requirements.
e. Elderly Housing Development. Housing projects for the elderly, as specified below, may be permitted as a special exception in the R-3, R-3B and R-4 Residence Districts, subject to the following criteria:
(1) Purpose And Concept. This provision is intended to help meet the growing demand for elderly housing in the Borough through the creation of planned elderly housing developments. It modifies use, lot area, width, and yard requirements otherwise applicable to the district, establishes additional design controls, requires unified planning and management of each development and provides for Zoning Hearing Board approval as a special exception following site plan review. Elderly housing developments shall be planned, designed and managed as integrated projects.
(2) Use. In addition to the uses permitted in Section 701 of this chapter, elderly housing developments may consist of the following: multiple-family dwellings, including row dwellings not exceeding six units in any one direction; and medical clinics, nursing and convalescent homes for use by residents of the development only. Personal care and congregate meals may be provided within the building types permitted above.
(3) Lot Area, Width And Yards.
(a) Lot Area. Each elderly housing development shall have a minimum square feet of lot area per dwelling unit as follows:
R-3: 1,200 square feet.
R-3B: 2,000 square feet.
R-4: 500 square feet.
The amount of land used for medical clinics, nursing and convalescent homes may not be used for purposes of calculating maximum residential densities.
(b) Minimum Lot Width. Minimum lot width shall be as required for multiple-family dwellings in the respective district.
(c) Minimum Yard Depth. Minimum front, side and rear yard depths shall be as required for multiple-family dwellings in the respective district, except that yard depths for medical clinics, nursing and convalescent homes shall be as follows:
Front yard depth: 40 feet.
Side yard depth: 40 feet.
Rear yard depth: 40 feet.
All structures in excess of 25 feet in height shall be set back a minimum distance of 80 feet from all property lines which abut R-1 and R-2 zoning districts.
(4) Height. The maximum height of structures permitted for elderly housing developments shall be as specified for multiple-family dwellings in the zoning district in which the elderly housing development is proposed to be located.
(5) Parking Requirements. Parking requirements shall be as specified in Section H of this chapter.
(6) Additional Requirements:
(a) Management. All dwelling units, medical clinics, nursing and convalescent homes within the elderly housing development shall be under common ownership by an individual, firm, partnership or corporate entity. All owners of elderly housing developments under the provisions of this ordinance shall designate a person in charge. Residents of the Centre Region may designate a person in charge or they may act as their own person in charge. The person in charge shall reside or have a place of business in the Centre Region and shall be available on a twenty-four-hour basis. The State College Planning Department shall be notified, in writing, whenever there is a change in the person in charge. The person in charge shall have charge, care, control or management of the elderly housing development.
(b) Age Restrictions. Residence in the elderly housing development shall be limited to those persons aged 62 and over and their spouses and non-elderly handicapped and disabled persons.
(c) Buffer Yards. Buffer screening, consisting of plantings, earth mounds and/or decorative fences and walls shall be planted, installed and maintained near the boundary lines of the elderly housing development to form a sight restrictive screen of all structures from adjacent R-1 or R-2 zoning.
(d) Vehicular Access. Irrespective of provisions specified in Section 2406 of this chapter, vehicular access shall be designed to avoid directing traffic through adjacent residential areas.
(e) Nuisances. Additional requirements may be imposed by the Zoning Hearing Board to minimize nuisances caused by excessive noise, glare, smoke or vibration, or to promote pedestrian or traffic safety.
(7) Administrative Review. All applications for a zoning permit under provisions of this option must receive approval by the Zoning Hearing Board as a special exception following procedures specified in Section 606 of this chapter, except that site plan requirements shall be those specified in Section 305 of this chapter. Construction of dwelling units in an elderly housing development may be phased over time in accordance with an overall plan and timetable approved by the Zoning Hearing Board, provided that at least half of all dwelling units shall be constructed prior to or concurrent with other uses permitted within elderly housing developments. All proposed changes to an approved site plan shall comply with the review procedures established herein as though such changes were a new site plan.
f. Bed-and-breakfast Establishments. Bed and Break-fast Establishments are permitted as a special exception in the R-3 zoning district, subject to the following criteria:
(1) The number of guest rooms shall not exceed six on any individual lot;
(2) Accessory buildings and detached garages used as one or more of the allowed guest rooms shall not contain cooking facilities;
(3) The length of stay per guest shall be limited to 14 days per sixty-day period;
(4) Off-street parking shall conform to the following:
(i) Parking area and driveway location, design and construction shall comply with the standards specified in Part
H of this chapter;
(ii) Subject to the lot coverage limitation contained herein and in Section 2401.b(6), the number of spaces provided shall equal or exceed the minimums for one- and two-family dwellings, specified in Section 2403 of this chapter;
(iii) Lot coverage for off-street parking areas and driveways may not exceed that permitted at one- and two-family dwellings located in the R-3 zoning district; and
(iv) Driveways may be used as off-street parking areas, except for that portion of a driveway located between the back edge of the sidewalk and the curb.
(5) If the building proposed for use as a Bed-and-breakfast Establishment is located in a National Register Historic District, all external maintenance, repair, alterations or additions shall follow the Secretary of the Interior's guidelines on altering or rehabilitating historic buildings and structures.
(6) One sign, permitted on each lot used for a Bed-and-breakfast Establishment, shall:
(i) Not exceed three square feet per sign face;
(ii) Have no internal illumination;
(iii) Be constructed of wood, stone, brass, ceramic or wrought iron; and
(iv) If configured as a ground pole sign, not exceed six feet in height at its highest point, including all parts, braces and supports.
(7) Meals for compensation may be provided only to guests of the Bed-and-breakfast establishment. If meals other than breakfast or complimentary snacks are served, the owner must obtain any necessary permits from the State College Health Department.
(8) Lot area, lot width, setbacks, lot coverage and height shall comply with the standards for a one-family dwelling, except that any structure in existence at the effective date of this ordinance which does not conform to minimum setback and height requirements may be used for a Bed-and-breakfast Establishment provided all other requirements are met.
(9) The owner or manager shall maintain his or her primary residence on the premises.