[Ord. No. 2007-219, 7/19/2007]
1.
Conditional uses are listed for each zoning district in Part 3 of this chapter. Only those uses expressly listed as conditional uses in a particular district may be considered in that zoning district. All applications for a conditional use shall demonstrate compliance with the general criteria and standards, as well as any criteria and standards specific to the requested use, as set forth in this Part.
[Amended by Ord. No. 2017-258, 11/14/2017]
A.
General Criteria and Standards. In addition to any express standards
and criteria listed in the following sections, an application for
a conditional use shall demonstrate that:
(1)
The applicant will reduce significant adverse impacts on existing
uses to the maximum extent feasible, including, but not limited to,
adopting measures addressing illumination/glare, noise, hours of operation,
loitering, litter control, and other similar characteristics.
(2)
The use can be accommodated on the site consistent with all
dimensional, site development, design, grading/drainage, performance,
and other standards for the district in which it will be located.
[Amended by Ord. No. 2012-241, 12/7/2012]
(3)
Where the use proposed meets the criteria outlined in § 27-509 of this chapter, a traffic study shall be prepared, consistent with the provisions of that section.
(4)
The use provides adequate off-street parking on the same property as the use, in compliance with standards set forth in § 27-501 of this chapter.
(5)
At a minimum, areas of the property not covered by buildings or paved are landscaped and maintained pursuant to the standards and requirements set forth in § 27-513 of this chapter.
(6)
Unless addressed in the specific criteria and standards set forth herein, buffer yards are provided pursuant to the standards and requirements for a buffer yard as set forth in § 27-513 of this chapter.
(7)
Primary access points to the property shall be located as far
as possible from road or street intersections and adequate sight distances
for the posted speed limits shall be met.
[Ord. No. 2007-219, 7/19/2007]
1.
A developer requesting a conditional use shall submit three copies
of the following materials, together with a completed application
and appropriate fee, to the Borough Secretary for referral to the
Borough Zoning and Codes Officer. All information submitted shall
be reviewed by the Zoning and Codes Officer for completeness.
A.
A written statement supporting the general criteria outlined in this
section and describing in detail the proposed use.
B.
An accurately scaled illustrative site plan showing the arrangement
of the proposed use on the site, including property lines, uses on
adjacent properties, abutting streets, buildings existing and proposed
on the site by use and height, points of access into the site, internal
driveways, parking area layout with number of spaces noted, signs
to remain or proposed, areas of earthmoving with proposed grade of
finished slopes noted, method of collecting and disposing of stormwater,
proposed landscaping and other pertinent information to illustrate
the proposal.
2.
The Planning Commission may call and hold a public hearing to gather
additional testimony on the proposed application. The Planning Commission
shall submit its recommendations to Borough Council.
3.
Upon receipt of the Planning Commission recommendation, Borough Council
shall hold a public hearing, after due public notice, to gather additional
testimony. Such public hearing shall be held not later than 60 days
following receipt of the completed application. In addition, where
the Borough Council fails to commence the required hearing within
60 days of receipt of a complete application or fails to complete
the hearing no later than 100 days after the completion of the applicant's
case in chief, unless extended for good cause, the decision shall
be deemed to have been rendered in favor of the applicant, unless
an extension of time has been agreed to by the applicant.
4.
Within 45 days of the conclusion of the public hearing, Borough Council
shall determine whether the conditional use application is to be granted,
denied or granted with such reasonable conditions and safeguards,
in addition to those expressed in this chapter, or may be deemed necessary
to provide for the health, safety, morals and general welfare of the
residents.
5.
Such decision shall be rendered, in writing by Borough Council, and
shall be delivered to the applicant personally, or mailed no later
than the day following its date.
6.
The applicant may request, in writing, an extension of the time limitations
for review if extenuating circumstances warrant such extension.
7.
Where the conditional use application is contested, or denied, such
decision shall be accompanied by findings of fact, or conclusions
based thereon, together with any reason therefore.
8.
Conclusions based on any provisions of this chapter, or any rules
or regulations, shall contain a reference to the provisions relied
on, and the reason(s) why the conclusion is deemed appropriate in
light of the facts found. Where Borough Council fails to render the
decision within the period required by this section of fails to conduct
or complete the required hearing as per the provisions of Section
908 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968,[1] as amended, or fails to complete the hearing no later
than 100 days after the completion of the applicant's case in chief,
unless extended for good cause upon application to the Court of Common
Pleas, the decision shall be deemed to have been rendered in favor
of the applicant unless the applicant has agreed, in writing or on
the record, to an extension of time. When a decision has been rendered
in favor of the applicant because of the failure of the Borough Council
to meet or render a decision as hereinabove provided, the Borough
Council shall give public notice of the decision within 10 days from
the last day it could have met to render a decision in the same manner
as required by the public notice requirements of the Pennsylvania
Municipalities Planning Code. If Borough Council shall fail to provide
such notice, the applicant may do so.
[1]
Editor's Note: See 53 P.S. § 10908.
9.
An applicant whose conditional use application is approved must obtain
a zoning/building permit. As set forth in this section, an applicant
proposing development containing a use that is permitted only as a
conditional use may submit an application for a zoning permit at the
same time he/she or she submits the application for conditional use
approval. Duplicate submittal materials are not required, and the
review and approval process for both the conditional use and zoning/building
permit may proceed independently.
10.
All development, construction, and use shall be in accordance with
the approved conditional use plan, unless a revised plan is submitted
and approved. The approved plan shall consist of the application for
conditional use, together with all its attachments and exhibits, as
finally approved by the Borough Council, including all conditions
and stipulations attached by the Board. Any development contrary to
the approved plan shall constitute a violation of this chapter.
11.
Failure of the applicant to apply for a building permit within one
year of receiving approval of the conditional use shall render the
decision by the Borough Council null and void.
[Ord. No. 2007-219, 7/19/2007]
1.
In addition to the general standards and criteria for conditional
uses listed herein, an application for the following conditional uses
shall comply with the specific standards and criteria set forth as
follows, as well as all site development, environmental, design, and
performance standards applicable in the district in which the use
is to be located.
[Amended by Ord. No. 2017-258, 11/14/2017]
A.
Adult Businesses. Conditional use in the LI-2 District.
(1)
Adult businesses shall not be located within 1,000 linear feet
of any property which is zoned residential.
(2)
Adult businesses shall not be located within 500 feet of the
property boundary line of the following uses:
(a)
Public or private school (existing).
(b)
Day-care center.
(c)
Hospital.
(d)
Group care facility.
(e)
Nursery school.
(f)
Personal Care Home. Conditional use in the V-1, B-1 and B-2
Districts.
[Amended by Ord. No. 2008-228, 11/20/2008]
(g)
Public park or playground.
(h)
Church (place of worship).
(i)
Alcoholic beverages shall not be sold on the premises of an
adult business.
(j)
No adult business shall be located within 1,000 linear feet
of any other existing or proposed adult business.
(k)
Any adult business which exhibits on the premises, film, videocassette
or other method of image production which depicts nudity or sexual
conduct shall comply with the following:
1)
At least one employee shall be on duty at all times that any
patron is on the premises.
2)
Where viewing rooms are located on the premises, an unobstructed
view of access to all such rooms shall be available to the employee
on duty.
3)
No viewing room shall be occupied by more than one person at
any time.
4)
No connections or openings to adjoining viewing rooms shall
be permitted.
5)
A minimum of one footcandle of illumination, measured at floor
level, shall be provided in every area where patrons are permitted
access.
6)
Where live performances are given, separate stage and viewing
areas shall be provided with separate access to each and no connecting
access between the areas.
(l)
An annual occupancy permit issued by the Zoning and Codes Officer
shall be secured prior to the operation of any adult business.
B.
Long-Term Nursing Facility. Conditional use in the R-2, B-1 and B-2
District.
(1)
The minimum site area required for a long-term nursing facility
shall be three acres.
(2)
The dwelling unit density shall not exceed 12 dwelling units
per acre.
(3)
Off-street parking shall be provided at the rate of one parking
space for each staff person on peak shift, plus one parking space
for each dwelling unit, plus one parking space for each 10 dwelling
units to be designated for visitor parking.
(4)
Common outdoor open space shall be provided on the site to accommodate
the leisure and recreational needs of the residents. These areas shall
be adequately buffered from any commercial uses on adjoining properties.
(5)
The facility shall be designed to maximize accessibility by
firefighting and emergency vehicles.
(6)
The facility shall be designed to provide a protected off-street
area for dropping off and picking up residents.
(7)
A long-term nursing facility shall include a common dining area
and common leisure and/or recreational areas.
(8)
Supporting Uses.
(a)
A long-term nursing facility may include one or more of the
following supporting uses, subject to approval by the Zoning Hearing
Board as part of the application for the conditional use approval:
(9)
The foregoing uses shall be restricted to use by the residents
and staff only and shall be located within the principal building
or buildings which contain the dwelling units. There shall be no exterior
signs or other evidence of the uses visible from the outside of the
residential buildings.
C.
Automobile and Vehicle Refueling/Recharging With or Without Ancillary
Vehicle Services and/or Convenience Retail: Conditional use in the
B-1, LI-1 and LI-2 Districts.
[Amended by Ord. No. 2017-258, 11/14/2017]
(1)
No temporary structure shall be placed in the required yard
areas.
(2)
All storage of flammable liquids shall occur in well-vented
tanks either above- or below-ground, as regulated by state and/or
federal laws.
(4)
Parking, loading, access aisles, fire lanes and driveways shall be provided, constructed, installed and maintained in accord with the provisions of § 27-501.
(6)
A master signage plan identifying all types, sizes and locations
of signs proposed shall be submitted for separate approval.
(7)
All county, state and/or federal permits shall be obtained prior
to issuance of any Borough approvals or permits for any construction,
development, building or occupancy.
D.
Automotive Recycling. Conditional use in the LI-I and LI-2 District.
(1)
The minimum site size shall be five acres.
(2)
The site shall be maintained so as to not constitute a nuisance
or a menace to public health and safety.
(3)
No garbage, organic waste, petroleum products or hazardous waste
shall be stored, buried or disposed of on the site.
(4)
The manner of storage of junk shall be arranged in such a fashion
that aisles of minimum width of 25 feet between rows of junk are maintained
in order to facilitate access for firefighting and prevent the accumulation
of stagnant water. The proposed layout of the junkyard shall be indicated
on the site plan submitted with the application.
(5)
No junk shall be stored or accumulated and no structure shall
be constructed within 50 feet of any dwelling unit or within 25 feet
of any other parcel line or right-of-way of a public street.
(6)
The site shall be enclosed by a metal chain-link fence not less
than eight feet in height supported on steel posts with self-latching
gate.
(7)
The fence shall be supplemented with screening material which
creates a visual barrier that is at least 80% opaque.
(8)
All site lines adjoining residential use or zoning districts
classification shall provide a buffer yard.
(9)
The Borough Council may impose restrictions on access to the
facility, storage of vehicles or materials on the premises, hours
of operation and other such matters as it deems necessary to ensure
that there is not adverse impact upon the functioning of the district
or adjacent parcels.
(10)
Outdoor lighting, if any, shall be shielded and/or reflected
away from adjoining properties.
E.
Cellular Communications Towers. Conditional use in the T-1 District.
(1)
The communications company is required to demonstrate, using
technological evidence that the antenna must go where it is proposed,
in order to satisfy its function in the company's grid system.
(2)
If the communications company proposes to build a tower (as
opposed to mounting the antenna on an existing structure), it is required
to demonstrate that it contacted the owners of tall structures within
a 1/4 mile radius of the site proposed, asked for permission to install
the antenna on those structures, and was denied for reasons other
than economic ones. This would include smokestacks, water towers,
tall buildings, antenna support structures of other communications
companies, other communications towers (fire, police, etc.), and other
tall structures. New Stanton Borough may deny the application to construct
a new tower if the applicant has not made a good-faith effort to mount
the antenna on an existing structure.
(3)
The applicant shall demonstrate that the antenna is the minimum
height required to function satisfactorily. No antenna that is taller
than this minimum height shall be approved. In addition, no antenna
shall exceed 200 feet in height.
(4)
All communications towers must be stealth towers. A "stealth
tower" is a communications tower which is not recognizable as a conventional
communications tower (e.g., a metal lattice structure), but instead
is disguised or concealed in such a fashion as to conform to its surroundings.
Examples of such stealth towers include a tower which is painted to
look like a tree or one which is concealed in a church steeple.
(5)
The Borough Council may waive the stealth tower requirement
where the applicant can demonstrate that the requirement is not necessary
to protect the health, safety and welfare, considering items such
as impact on surrounding and abutting property values; height; screening;
number of uses per tower, including public uses; location; and actual
setbacks.
(6)
Setbacks from base of antenna support structure: If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure or any guy wire anchors and any property line
shall be the largest of the following:
(7)
Fencing. A fence shall be required around the antenna support
structure and other equipment, unless the antenna is mounted on an
existing structure. The fence shall be a minimum of eight feet in
height.
(8)
Landscaping. The following landscaping shall be required to
screen as much of the support structure as possible, the fence surrounding
the support structure, and any other ground level features (such as
a building), and in general soften the appearance of the cell site.
New Stanton Borough may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping, if they achieve the same degree of screening as the required
landscaping. If the antenna is mounted on an existing structure, and
other equipment is housed inside an existing structure, landscaping
shall not be required.
(a)
An evergreen screen shall be required to surround the site.
The screen can be either a hedge (planted three feet on center maximum)
or a row of evergreen trees (planted 10 feet on center maximum). The
evergreen screen shall be a minimum height of six feet at planting,
and shall grow to a minimum of 15 feet at maturity.
(b)
In addition, existing vegetation on and around the site shall
be preserved to the greatest extent possible.
(9)
In order to reduce the number of antenna support structures
needed in the community in the future, the proposed support structure
shall be required to accommodate other users, including other communications
companies, and local police, fire, ambulance services and municipal
authority and road departments. In addition, a linear, two-mile separation
shall be maintained between communications towers, measured from the
base of the support structure.
(10)
The communications company must demonstrate that it is licensed
by the Federal Communications Commission.
(11)
Antenna support structure under 200 feet in height should be
painted silver or have a galvanized finish retained in order to reduce
the visual impact. Support structures may be painted green up to the
height of nearby trees. Support structures near airports shall meet
all Federal Aviation Administration regulations. No antenna support
structure may be artificially lighted except as provided for and required
by the FAA.
(12)
A land development plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access to public rights-of-way, and all other items required in Chapter 22, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure.
(13)
In granting the use, the Borough Council may attach reasonable
conditions warranted to protect the public health, safety and welfare,
including, but not limited to, location, fencing, screening, increased
setbacks and the right to use said facilities for public purposes.
(14)
All approvals will be only for specific facilities set forth
in the application. No additions or alterations thereto will be permitted
without a new application.
G.
Day Care/Nursery School with Less Than Eight Clients. Conditional
use in the R-2 District.
(1)
If a day-care center is in a dwelling and is intended for four
or fewer clients, it shall be considered as a home occupation. If
it is a new building, converted dwelling, or a part of a semipublic
or public facility, it shall be limited by occupancy and other regulations
of the Commonwealth of Pennsylvania.
(2)
The center shall have state approval or approval pending prior
to opening.
(3)
An outdoor play area shall be provided, completely enclosed
by a fence and buildings on the property, if the center is for children.
(4)
There shall be no overnight accommodation of clients.
(5)
A driveway area shall be set aside for discharge and pickup
of clients.
H.
Day Care/Nursery Centers With Eight or More Clients. Conditional
use in the B-1 District.
(1)
Day-care centers shall be located only in public or semipublic
institutional buildings, such as schools, churches, governmental or
similar structures, which meet all requirements specified by the Pennsylvania
Department of Public Welfare for such activities. Day-care centers
shall not be conducted on residential premises.
(2)
Activities shall be limited to functions normally associated
with part-time tending of children and shall not include overnight
or drop-in care.
(3)
Operational hours shall be limited to the hours between 7:00
a.m. and 8:00 p.m., prevailing local time.
(4)
The designated agent of the Borough shall inspect the premises
to evaluate emergency access, fire hazards, evacuation provisions,
structure layout, fire alarm devices and emergency firefighting provisions.
No occupancy permit shall be issued prior to a receipt of a satisfactory
report by Borough Council.
(5)
All rules, requirements and guidelines promulgated in the Regulations
for Child Day-Care Centers, Chapter II, Section 8A, of the Department
of Public Welfare Social Services Manual, current edition, and any
amendments subsequent thereto, shall be strictly observed. All required
state licenses and certifications shall be obtained as conditions
precedent to granting of required Borough zoning and occupancy permits.
I.
Light Assembly. Conditional use in the B-1 District.
(1)
All operations shall be entirely within an enclosed building,
except as allowed under accessory uses;
(3)
Outdoor storage areas shall be screened from nearby public streets
and residential properties;
(4)
Areas of the property not occupied by structure or paved shall
be landscaped and maintained or left in natural cover;
J.
Medical Clinics and Treatment Facilities. Conditional use in the
B-1, B-2 and T-1 Districts.
(1)
A medical clinic shall be considered a facility providing family
health care on a walk-in or appointment basis, including health maintenance
and emergency treatment, but not including surgery or overnight care,
and involving one or more doctors, dentists, chiropractors or other
caregivers.
(2)
The facility shall have access directly to an important Borough
or state highway.
(3)
Parking shall be provided at the rate of one space for each
200 square feet of floor area.
L.
Parks and Playgrounds. Conditional use in the RA, R-1 and R-2 Districts.
(1)
Such recreation facility will be a benefit or convenience to
the residents of the Borough.
(2)
Such recreational facility will not cause any potentially detrimental
effect on surrounding property values.
(3)
Such recreational facility will not cause any potential disruption
or nuisance of or to adjacent lots or residences.
(4)
Any proposed recreational facility will not cause any detrimental
effect to the public health, safety, morals or general welfare of
the Borough residents.
(5)
Any proposed recreational facility will not interfere to be
inconsistent with the residential character of the RA, R-1 or R-2
Districts.
M.
Self-Storage Center. Conditional use in the B-1 and B-2 Districts.
(1)
No business activities other than rental of storage units and
attendants administrative functions shall be conducted on the premises.
(2)
All storage shall be accommodated indoors in permanent on-site
buildings designed for storage purposes. No temporary structures,
portable units, containers or similar arrangements shall be permitted.
(3)
No activities, such as miscellaneous or garage sales, shall
be conducted on the premises.
(4)
The servicing or repair of vehicles, boats or equipment shall
not be conducted on the premises.
(5)
The operation of a self-storage center shall in no way be deemed
to include a transfer and storage business.
(6)
A landscaped strip of at least 10 feet in width shall be provided
along the entire perimeter of the property. Landscaping shall consist
of a variety of evergreen plant materials consisting of trees, shrubs
and suitable ground covers. All vehicular and pedestrian ways shall
be paved with asphalt or concrete. Remaining areas of the site shall
be planted with grass or otherwise suitably landscaped and maintained.
(7)
The height of any individual storage unit from floor to ceiling
shall not exceed 10 feet; the maximum size of any individual storage
unit shall consist of 300 square feet of floor area; and individual
storage buildings shall be limited to a height of two stories.
(8)
The storage of foodstuffs, produce or other perishable items
shall be prohibited.
(9)
Conducting an office, retail, wholesale or other business use
from a storage unit shall be prohibited. The storage of gasoline,
oil or similar petroleum products apart from that contained in the
fuel tank or engine of a vehicle stored within said facility shall
be prohibited, as well as the storage of radioactive materials, explosives
and flammable or hazardous chemicals.
(10)
The storage of livestock, plants, animals or other living organisms
shall be prohibited.
(11)
A self-storage center shall not contain nor provide permanent
on-site material handling facilities, such as loading docks, tow motors,
fork lifts or other similar material handling apparatus, with the
exception of a freight elevator for storage in second-story units.
(12)
The said self-storage center shall be permitted within the business
zoning classification district as a conditional use for the purpose
of providing storage facilities to the general public as distinguished
from a warehouse or other commercial storage facility utilized exclusively
for the storage of commercial products. The use of a self-storage
center exclusively for the storage of commercial products shall be
prohibited within the business zoning classification district. "Commercial
products" shall be defined as those items of personal property held
or stored for the purpose of:
(13)
Storage on the property outside of the self-storage center shall
be limited to 50,000 square feet.
N.
Specialized Animal Care/Raising. Unless otherwise controlled by municipal
ordinance or regulations, the use of buildings and land for farming,
gardening, nurseries, greenhouses, riding academies, livery or boarding
stables, dog kennels, animal hospitals, stock raising, dairying and
poultry shall be considered conditional uses in the R-1, LI-1 and
LI-2 Districts subject to the following general regulations.
(1)
Outdoor storage of manure, or odor or a dust-producing substance
shall not be permitted within 100 feet of any lot boundary line.
(2)
Greenhouse heating plants shall not be operated within 50 feet
of any lot boundary line.
(3)
Buildings in which animals or poultry are kept shall not hereafter
be erected within 50 feet of any lot boundary line where the abutting
property accommodates a residential use. The outdoor exercise area
of a veterinary clinic limited to facilities necessary for the temporary
treatment of sick or otherwise ailing pets normally permitted within
the house and yard may be erected within 50 feet of any lot boundary
line.
(4)
The selling of product raised, bred or grown on the premises
shall be permitted, provided that all stands or shelters used for
such sales shall be removed during those seasons when not in use for
the display or sale of products.
O.
Strip Mining. Strip mining may be permitted as a conditional use
in the RA District, providing the use meets the general criteria established
in this chapter and the following more specific requirements; and
providing it complies with all applicable regulations established
by the Bureau of Land Protection and Reclamation, Pennsylvania Department
of Environmental Protection under the Surface Mining Conservation
and Reclamation Act of May 31, 1945,[3] as amended, and applicable regulations as enumerated in
Section 603 of the Pennsylvania Municipalities Planning Code, Act
247,[4] as amended.
(1)
Quarrying operations shall not be closer than 300 feet from
existing residences nor closer than 200 feet from the boundary of
any zone where such operations are not permitted; nor shall quarrying
operations be conducted closer than 100 feet from the boundary of
an adjoining property line or from the right-of-way line of an existing
or platted road.
(2)
Existing trees, shrubs, and ground cover along public road frontage shall be preserved, maintained and supplemented for the depth of the roadside setback (100 feet) as established in Subsection 1O(1) above. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance to the sand and gravel operations from adjacent public roads and nearby residential, commercial, and industrial uses. Buffer or screening plantings may be required to ensure an appropriate appearance of the quarry site in the community.
(3)
During quarrying operations when excavations will have a depth
of 20 feet or more and will create slopes of more than 50% and where,
for a period of operation 30 days or longer, the quarrying is located
within 300 feet of occupied residential structures or a public road,
a fence shall be erected at least 20 feet outside the edge of the
excavation, which fence shall be at least three four high and shall
effectively control access to the area in which such excavation is
located.
(4)
Upon completion of operations, the land shall be left in a safe
condition. All cut slopes shall be at a gradient no greater than 50%
and shall be graded in substantial conformity to the surrounding natural
topography. Sufficient drainage shall be provided so as to prevent
water pockets from forming. The final grading shall be such that all
stormwater drainage leaves the property at the original, natural drainage
points and that the area drainage to any one natural drainage point
is not materially increased. All excavated areas shall be backfilled
with topsoil to a minimum depth of six inches; upon replacement of
topsoil, trees, shrubs, legumes, grasses or other ground cover shall
be planted to avoid erosion as far as is practical.
(5)
In addition to the information required on the plan to be submitted
with the conditional use application as set forth in Part 6, the following
items shall be shown:
P.
Truck Terminals (Maintenance and Distribution). Conditional use in
the LI-1 and LI-2 Districts.
(1)
Every portion of the property used for terminal purposes shall
be located not closer than 100 feet to any property in a residential
district.
(2)
Access for motor freight vehicles shall be by way of streets
of adequate width as determined by the Council.
(3)
The site shall be fully surrounded with a barrier adequate to
ensure that no portion of a vehicle shall extend beyond the lot line.
(4)
In addition to adequate area within the site for docking, manipulation,
and maneuver of motor-freight vehicles, a reservoir of parking area
for motor-freight vehicles waiting to be loaded or unloaded shall
be provided at the rate of one parking space sufficient to park a
motor-freight vehicle for every four loading or unloading docks.
(5)
The site shall be designed in such a manner as to permit forward
movement of all vehicles both upon entering and upon leaving the site.
(6)
The number, location, and width of entrances to and exits from
the site shall be determined by the Council after a recommendation
from persons employed by the Borough charged with public safety.
Q.
Water Storage or Water Recreation. Conditional use in the RA, LI-1
and LI-2 Districts.
(1)
Any facility for water recreation, such as public swimming pools,
swimming clubs and commercial fishing ponds, or any other water storage
facility, such as reservoirs, fish hatcheries, sewage lagoons and
farm ponds, shall comply with the following regulations, in addition
to the other requirements of this chapter applicable to such use:
(a)
The facility must meet the setback requirements established
for principal uses.
(c)
Before land development approval is granted to the owner of
the facility, a land development application shall be submitted to
the Planning Commission for review and then to the Borough Council
for approval, showing the size of the facility, the proposed use,
parking arrangements, uses of buildings on the site, surrounding properties
and their usage, and other information that may be required by the
Planning Commission or Borough Council pertinent to safety.
(2)
Residential Swimming Pools. Residential swimming pools are permitted
as accessory uses and structures in the districts listed herein, provided
the requirements of this section are met:
(a)
Fencing. Residential swimming pools shall be completely enclosed
with a protective barrier of sufficient strength to prevent access
to the pool. Such barrier shall not be less than four feet in height
and so constructed without holes or openings larger than four inches.
Any openings in said barrier greater than four inches, and used as
a point of access to the pool area, shall be equipped with gates or
doors, with a self-closing and self-latching device to secure the
gate or door at all times when not in actual use; and the same shall
be locked when the pool is unattended.
(b)
Aboveground Swimming Pools.
1)
Aboveground swimming pools, with provided fencing to prevent
unguarded entry, shall be allowed without separate additional fencing,
providing the provided fence is of the minimum required height and
design as specified in this section. Said minimum required height
refers to the height measured from the top of the fence to the ground
at the point where the top of the fence is closest to the ground as
the same surrounds said aboveground pool.
2)
Permanent access from grade to aboveground pools having stationary
ladders, stairs or ramps shall meet the requirements for fencing and
gates as set forth herein.
3)
No fence or barrier required by this section, except for aboveground
pools as set forth herein, shall be located, erected, constructed
or maintained closer to a pool than three feet from the water. The
wall of a house or building facade to a pool may be incorporated as
a portion of such fence or barrier so long as said wall equals or
exceeds the height requirements as set forth in this chapter.
4)
All applicable provisions of the Pennsylvania Construction Code
shall be met. Where the provisions of this section and the Pennsylvania
Construction Code regulate the same construction, the stricter provisions
shall dictate.
[Ord. No. 2007-219, 7/19/2007]
1.
General Criteria.
A.
Special exception uses are listed for each zoning district in Part 3 of this chapter. Only those uses expressly listed as special exceptions in a particular zoning district may be considered in that zoning district.
B.
Any application for a special exception use shall demonstrate that:
(1)
The use will not endanger the public health, safety or welfare
if located where proposed, and will not deteriorate the environment
or generate nuisance conditions;
(2)
The use can be accommodated on the site with no variances required;
(3)
The use is compatible with, or will support the uses in, the
neighborhood of the site;
(4)
The use does not require extensive earthmoving or revision of
drainage patterns, or create substantial increase in stormwater flow;
(5)
The use will not create excessive traffic congestion, and adequate
off-street parking is provided on the same property as the use;
(6)
Areas of the property not to be covered by buildings or paved
are to be landscaped and maintained;
(7)
Primary access points to the property are located as far as
possible from road or street intersections, and adequate sight distances
for the posted speed limits have been met;
(8)
The special exception must not be injurious to the use and enjoyment
of other properties in the immediate vicinity for the purposes already
permitted nor substantially diminish or impair property values within
the neighborhood;
(9)
The danger to life and property due to increased flood heights
or velocities caused by encroachments in the floodplain must be considered.
No special exception or variance shall be granted for any proposed
use, development or activity that will cause any increase in flood
levels in the floodway district;
(10)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners;
(11)
If located in the floodplain, the expected heights, velocity,
duration, rate of rise and sediment transport of the floodwater expected
at the site;
(12)
The Board may attach such reasonable conditions and safeguards
in addition to those expressed herein to implement the purposes of
this chapter.
[Ord. No. 2007-219, 7/19/2007]
1.
A developer proposing a special exception use shall submit three
copies of the following materials to the Secretary of the Zoning Hearing
Board:
A.
A written statement supporting the general criteria outlined in this
section and describing in detail the proposed use;
B.
An accurate, scaled, illustrative site plan showing the arrangement
of the proposed use on the site, including property lines, uses and
structures on adjacent properties, abutting streets, buildings existing
and proposed on the site by use and height, points of access into
the site, internal driveways, parking area layout with number of spaces
noted, freestanding signs to remain or are proposed, areas of earthmoving
with proposed grade of finished slopes identified, method of collecting
and disposing of stormwater, proposed landscaping and other pertinent
information to illustrate the proposal.
2.
The Zoning Hearing Board shall call and hold a public hearing pursuant
to public notice on the proposal within 60 days of receipt of the
required materials and a complete application, in the same manner
as for any action requested of it.
4.
The applicant shall have 30 days in which to notify the Board that
he/she accepts any attached conditions. Failure to accept will render
the approval null and void.
5.
The Board shall authorize the Zoning and Codes Officer to issue a
zoning/building permit for any approved special exception use.
6.
Failure of the applicant to apply for a zoning/building permit within
one year of receiving approval shall render the decision by the Board
null and void.
[Ord. No. 2007-219, 7/19/2007]
1.
Auto Sales/Service/Repair. Use by special exception in the V-1, B-1,
B-2 and LI-1 Districts.
A.
All minor repair work, vehicle washing, waxing, detailing, lubrication
and installation of parts and accessories shall be performed within
an enclosed building.
B.
All car washing areas may discharge wash wastewater into public sanitary
sewers, in accord with the requirements of the Borough and/or the
Sewage Authority. No wash wastewater may be discharged into the Borough's
storm sewer system or any waters of the commonwealth in violation
of any federal, state or Borough law, ordinance, rule or regulation.
C.
All vehicle parts, dismantled vehicles and similar materials shall
be stored within an enclosed building or totally screened from view
from adjacent properties and any public or private roadway, by a solid
or similar privacy fence.
D.
All vehicles awaiting repair shall be stored on the lot in an approved
storage area (subject to review, approval and conditions as established
by the Zoning Hearing Board); and in no case shall said vehicles be
stored on or obstruct access to a public right-of-way.
E.
Where supplemental retail service is proposed, off-street parking
shall be provided as required for retail uses in addition to service
station standards.
F.
Supplemental retail service space shall not exceed 2,000 square feet
on the premises.
G.
Fueling stations shall be located at least 30 feet from the edge
of the right-of-way of a public street.
H.
All fuel, oil and similar substances shall be stored at least 25
feet from any property line.
I.
The handling and disposal of motor oil, battery acid and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (PADEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PADEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of §§ 27-809 through 27-811 of this chapter.
2.
Bus or Truck Terminals. Use by special exception in the B-1 District.
A.
Such terminals shall be accessed from collector or arterial roadways
only.
B.
Freestanding exterior lighting shall be of the sharp cutoff type
and shall not provide illumination in excess of one footcandle per
square foot at the property boundary line unless otherwise provided.
C.
Terminals generating in excess of 50 p.m. peak hour trips shall submit a traffic impact analysis as per the provisions of § 27-509.
D.
No material classified as hazardous by the Pennsylvania Department
of Environmental Protection shall be stored on the site.
3.
Cemeteries. Use by special exception in the RA District.
A.
The edge of all grave sites shall be set back at least 50 feet from
the nearest street right-of-way or property line.
B.
The cemetery operator shall be responsible for providing and maintaining
a landscaped screen to protect occupants of dwellings adjacent to
the developed portions of the cemetery, and to extend the screen as
development proceeds.
C.
Any buildings on the site shall be set back at least 100 feet from
the nearest street right-of-way or property line.
D.
No cremation shall be provided on the site.
E.
The only dwelling on the property shall be that of the caretaker.
F.
The operator shall provide as a condition of approval a plan for
perpetual maintenance of the cemetery.
4.
Churches. Use by special exception in the RA, R-1 and R-2 Districts.
A.
The minimum site required shall be one acre.
B.
If a residential facility (such as a convent or monastery) is proposed
as part of a church, no more than 10 persons shall be housed.
C.
A dwelling (such as a manse or parsonage) may be located on the same
lot with a church provided all requirements of this chapter for single-family
dwellings in the district can be met in addition to the minimum lot
area, lot width and yard requirements applicable to the church.
D.
Ingress and egress shall be located so as to maximize sight distance
along adjacent public streets.
E.
The proposed use shall have direct access to a public street with
sufficient capacity to accommodate the traffic generated by the proposed
use.
5.
Commercial Recreation. The characteristics of this category of uses
include the generation of noise or excessive activity adversely affecting
neighboring properties. Use by special exception in the RA Districts.
[Amended by Ord. No. 2009-229, 4/16/2009]
A.
Outdoor uses shall:
(1)
Have a lot of not less than six acres in size.
(2)
In addition to required side and rear yards, provide a buffer
yard of an additional 20 feet, which yard is to be planted in evergreen
trees in order to help provide a visual and sound barrier to nearby
properties.
(3)
There shall be no outdoor speakers.
(4)
Operating hours shall be between 8:00 a.m. and 10:00 p.m. prevailing
time.
6.
Commercial Schools. Use by special exception in the B-1 District.
A.
The school shall be the only occupant of the property.
B.
The school shall be accredited by the Commonwealth of Pennsylvania.
C.
Parking areas shall be screened from adjacent residential properties.
D.
Access drives shall be from local streets, if possible.
E.
Access drives shall be located so as to provide the maximum sight
distance possible.
F.
Lighting shall be oriented so as not to create glare or excessive
light conditions on adjacent properties and roads.
7.
Contractor Supply Yards. Use by special exception in the LI-1 and
LI-2 Districts.
A.
The minimum site required shall be two acres.
B.
Outdoor display and equipment storage areas shall be secured by a
fence that is a minimum of eight feet in height and shall be screened
from any adjoining residential property by a six-foot compact hedge.
C.
All outdoor display areas and equipment storage areas shall be located
on a minimum of 25 feet from any property line adjoining residential
use.
D.
Contractors' supply yards may also include an office for the conduct
of the business. Builders' or other supply yards involving retail
or wholesale sales shall include a completely enclosed building for
the conduct of the business.
E.
Adequate paved access and maneuvering facilities for loading and
unloading trucks shall be provided so that trucks shall not back onto
or stand on the public right-of-way and dirt, debris or excess materials
shall not be deposited on any public right-of-way.
F.
Any facilities located on a lot where any lot line is located within
200 feet of any existing dwelling shall cease operations between dusk
and dawn, prevailing time.
8.
Educational/Philanthropic. Use by special exception in the RA District.
A.
The height requirements of the district wherein the use is located
may be exceeded if every portion of the building above the height
limit is at least as many feet distant from lot lines as that portion
of the building is in height.
B.
The minimum distance between main buildings on the zoning lot shall
be as follows:
(1)
Front-to-front, or front-to-rear, or rear-to-rear two times
the height of the buildings, or if they be of different heights two
times the height of the taller building, but not less than 80 feet.
(2)
End-to-end, or rear-to-end, 1 1/2 times the height of the
buildings, of if they be of different height, 1 1/2 times the
height of the taller building, but not less than 50 feet.
(3)
Front-to-end, or rear-to-end, 1 1/2 times the height of
the buildings, or if they be of different heights, 1 1/2 times
the height of the taller building, but not less than 50 feet.
C.
If housing in connection therewith is provided, including dormitory
facilities for students and teachers, the lot area in relation to
the number of sleeping rooms or persons to be housed is such as to
provide a unit density commensurate with that permitted in the zone
district where the institution is located, considering each sleeping
room as a dwelling unit and the entire property owned by the institution
in determining the density.
D.
The location of automobile parking facilities on the site shall be
such as to provide maximum protection and facilitate traffic movement
on abutting streets.
E.
Minimum front and rear yards shall be 10 feet greater in depth, and
minimum side yards shall be 10 feet greater in width, than the minimum
required for any main structure in the district in which such use
is located.
9.
Fire Stations. Use by special exception in the RA and R-2 Districts.
A.
Fire stations shall be located on the property so that vehicles and
equipment can be maneuvered on site without interrupting traffic flow
or blocking public streets.
B.
All outside storage shall be screened from public view from streets
and adjoining properties by a six-foot hedge or opaque fence.
C.
This use shall have direct access to a public street designed to
accommodate vehicles stored on site. Such street shall have sufficient
capacity to accommodate the traffic generated by this use.
10.
Hospitals. Use by special exception in the B-1 District.
A.
The minimum site size for a hospital shall be five acres.
B.
The site shall be served by public water and sewer services.
C.
All hospitals shall be licensed by the Commonwealth of Pennsylvania.
D.
Water pressure and volume shall be adequate for fire protection.
E.
A traffic study, including a parking and circulation study, shall
be prepared in accordance with this chapter.
F.
Ingress, egress, and internal traffic circulation shall be designed
to ensure access by emergency vehicles.
G.
All property lines adjoining a residential use shall be screened by a buffer yard, as defined in § 27-513 of this chapter.
H.
Helipads shall be for hospital use only.
11.
Light Manufacturing. Use by special exception in the LI-1 and LI-2
Districts.
A.
All materials and equipment shall be stored within a completely enclosed
building.
B.
The storage of manufacture of hazardous or potentially hazardous
materials shall not be permitted.
C.
The size of the proposed operation and its relationship to surrounding
uses shall be evaluated by the Borough Council to determine the appropriateness
of the proposed activity in the location proposed.
D.
Adequate public facilities shall be available to meet the requirements
of the proposed manufacturing processes.
E.
Adjacent public streets shall be adequate to accommodate the traffic
volumes and weight limits associated with truck traffic to and from
the site.
F.
The Borough Council may impose restrictions on access to the facility,
storage of vehicles or materials on the premises, hours of operation
and other such matters as it deems necessary to ensure that there
is no adverse impact upon the functioning of the district or adjacent
parcels.
G.
Outdoor lighting, if any, shall be shielded and/or reflected away
from adjoining properties so that no direct beam of light, but only
diffuse or reflected light, enters adjoining properties.
12.
Municipal Buildings/Library. Use by special exception in the RA,
R-1 and R-2 Districts.
A.
Structure and outbuildings shall be sited to create least damage
to the environment;
B.
Parking areas shall be screened from adjacent residential properties;
C.
Normally overhead lines and related equipment may be required by
the Borough to be placed underground in whole or in part;
D.
Access drives shall provide at least the minimum legally required
sight distances for motorists;
E.
Clearance of vegetation within a right-of-way shall not exceed a
width of 20 feet;
F.
Necessary aboveground structures shall be located to minimize environmental
damage and be made as unobtrusive as possible from neighboring properties
and streets;
G.
Structures shall be designed to be compatible with surrounding residential
developments.
13.
Public Utility Buildings. Use by special exception in the RA and
R-2 Districts.
A.
Lines. Public utility lines for the transportation, distribution
and control of water, gas, electric, oil, steam, telegraph, cable
television and telephone communications and their supporting members
other than buildings and railroads shall not be required to be located
in specific zoning districts.
B.
Facilities. Public utility facilities may be permitted as indicated
in certain zoning districts if authorized by the Borough Council,
after recommendation of the Borough Planning Commission pursuant to
the standards and criteria specified below:
(1)
The architectural design, landscaping and site development must
be in keeping with the character of the area in which the public utility
facilities are to be located, consistent with the nature of the public
utility facilities and the public need or convenience in having the
public utility facilities.
(2)
Sufficient off-street parking and loading space shall be provided
consistent with the requirements of this chapter and the nature of
the public utility facilities.
(3)
Provision must be made for the interior storage of all materials
and equipment when not in use.
15.
The Extraction and Underground Storage of Natural Gas. Use by special
exception in the R-1, R-2, V-1, B-1, B-2 and T-1 Districts. The following
regulations and procedures shall be applicable to the extraction and
underground storage of natural gas in any zoning district where authorized
by special exception:
[Added by Ord. No. 2008-228, 11/20/2008]
A.
Before any person undertakes any activity within the Borough for
the siting, locating or drilling of a gas well or any of its related
or appurtenant structures or activities, such person shall first obtain
a special exception from the Zoning Hearing Board.
B.
The applicant for a such special exception shall submit to the Zoning
and Codes Officer a copy of all approvals from any and all governmental
agencies for the siting, location and drilling of the proposed gas
well, together with plans which identify the subject property, adjoining
property lines, the proposed well location, and all structures and
sources of water within 200 feet of the well and the transportation
system from the well to the transmission system.
C.
Any special exception granted shall be for a construction period
of nine months from the date of issue.
D.
Upon completion of drilling activities or within nine months of the
date of issuance of the special exception for gas well drilling, whichever
first occurs, the well owner and operator shall restore the land surface
within the area disturbed.
E.
During and after all earthmoving or soil disturbing activities including,
but not limited to, the activities related to siting, drilling, producing
and plugging the well, erosion and sedimentation control measures
shall be implemented in accordance with an erosion and sedimentation
control plan prepared in accordance with the Act of June 22, 1937,
P.L. 1987, No. 394, known as the "Clean Streams Act,"[1] and any other applicable laws and regulations.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
F.
Within nine months of the date of issuance of the grant of the special
exception or, after completion of drilling of any well, whichever
first occurs, the owner and operator shall also restore the well site
by removing or filling all pits used to contain produced fluids or
industrial wastes and remove all drilling and containment equipment.
G.
No permanent structures and appurtenances related to those structures,
including wells for the extraction and underground storage of natural
gas, shall be placed less than:
(1)
Two hundred feet measured horizontally from any occupied building
where people either live or work.
(2)
Two hundred feet measured horizontally from any source of potable
water, unless written consent of the owner is first obtained in a
form satisfactory to the applicable commonwealth regulatory agency
and a copy of the same is provided to the Borough.
(3)
One hundred feet measured horizontally from any source of water,
including, but not limited to, lakes, ponds, streams, springs, swamps,
marshes or bogs.
(4)
No permanent structure proposed for occupancy, shall be permitted
within a 100-foot radius of an existing gas well.
H.
In addition, the Zoning Hearing Board, in granting a special exception
for a well can impose reasonable conditions on such a grant with regard
to or concerning those features or for those purposes that are not
regulated by the Oil and Gas Act.[2]
[2]
Editor's Note: See now 58 Pa.C.S.A. § 3201 et seq.
