Where the governing body has stated special exceptions in this
chapter, they are to be granted or denied by the Zoning Hearing Board
pursuant to expressed standards and criteria.
A.
Upon application and in accordance with the provision of this chapter
and rules of the Board, the Board shall determine the reasonableness
and propriety in particular cases of any one of the following special
exceptions to the zoning district regulations. The proposed use shall
also conform with all the provisions for the use in the particular
zoning district in which it is to be located and all other provisions
of this chapter, except as prescribed in this section. In granting
a special exception, the Board may attach such reasonable conditions
and safeguards, in addition to those expressed herein, as it may deem
necessary to implement the purposes of this chapter.
B.
The Board shall consider, explain and record its findings and determinations
in conformity with the spirit and intent of this chapter and may authorize
or deny a permit for the following special exception uses.
A.
Professional offices are permitted where specified and subject to
the following requirements:
(1)
The minimum lot size shall be 20,000 square feet and the minimum
lot width shall be 100 feet.
(2)
There shall be only one principal structure per lot and the
maximum square footage of the principal building shall be 5,000 square
feet.
(3)
The owner/developer shall prepare a detailed site plan showing
the location of all structures, parking areas and driveways, signs
and outdoor lighting fixtures, building elevations and landscape and
planting details.
(4)
The architecture and function shall be compatible with the general
residential character of the area in which it is to be located.
(5)
Off-street parking areas shall be located to the side or rear
of the principal structure and attractively landscaped.
(6)
There shall be no drive-in windows for service to customer clients
in vehicles.
(7)
Off-street parking areas shall be suitably buffered and/or screened
from adjacent residential properties.
B.
Cemeteries are permitted where specified and subject to the following
requirements:
(1)
The owner/developer shall prepare a complete site plan showing
all proposed burial areas (both short- and long-range), all structures,
parking areas and access and interior circulation roads. Said plan
shall be prepared by a registered landscape architect, architect or
engineer.
(2)
No burial areas, structures, or circulation roads shall be located
closer than 50 feet to any adjacent property line.
(3)
The owner/developer shall provide appropriate procedures, documents
or other legal documents which will satisfactorily assure the continued
maintenance of the proposed cemetery.
C.
Campgrounds and recreation vehicle parks. Such uses are commercial
in nature, normally seasonal but do have a high impact potential.
Such uses shall have a minimum lot area of 10 acres in the "LF" Lakefront
area and 20 acres in other districts, where permitted. In addition,
such uses shall:
(1)
Submit a subdivision or land development plan that meets all standards of Chapter 405, Subdivision and Land Development, of the Code.
(2)
Roads to access individual campsites shall be at least 16 feet
in width and must be improved with a dust free surface.
(3)
Provide evidence of compliance with Department of Environmental
Protection standards for water and sanitary sewer facilities.
(4)
Provide evidence of approved solid waste removal.
(5)
At least 25% of the total tract shall be reserved as either
common recreation areas for the use of guests or conservation lands.
(6)
No campsite may be within 200 feet of a preexisting single-family
dwelling. All areas that abut residential uses shall be screened with
a vegetative barrier of natural or planted materials.
D.
Group residence facilities are permitted as a use on special exception
as specified in this chapter and subject to the following requirements:
(1)
Maximum number of residents. The maximum number of residents
shall be set forth in those sections of this chapter applicable to
the particular district in which the premises is to be located. The
number of "residents" shall be deemed to include resident clients,
staff and family of staff residing in the premises either permanently
or temporarily and staff assigned per shift. Staff assigned per shift
shall not be deemed to include personnel who visit the residence for
periods of time shorter than a shift for the purpose of assisting
residents in dressing or otherwise preparing for daily activities
or those personnel visiting a residence to evaluate or attend to a
resident for a relatively short period of time.
(2)
Occupancy:
(a)
(b)
Mentally retarded individuals shall be certified by Erie County
mental retardation authorities as being capable of residing in such
facility.
(3)
Minimum lot and area requirements. Minimum lot and area requirements
shall be as prescribed for the zoning district in which the property
is located.
(4)
License or certification. A license or certification shall be
obtained from the Commonwealth of Pennsylvania and/or the County of
Erie as is applicable prior to issuance of an occupancy permit. In
the event an appropriate licensing or certifying agency does not exist,
the applicant shall demonstrate to the Zoning Hearing Board that the
proposed use satisfies a demonstrated need and will be conducted in
a responsible manner without detriment to other properties and uses.
(5)
Annual recertification:
(a)
The sponsoring agency or other sponsor shall file on or before
March 1 of each calendar year with the Zoning Administrator written
confirmation that the sponsor and the facility continue to satisfy
all conditions of the original approval and retains a license to operate
the facility issued by the proper licensing authority(ies), this constituting
a request for certification. Such confirmation shall be filed on such
form(s) as will be supplied by the Zoning Administrator. The annual
recertification date shall be April 1.
(b)
The Zoning Administrator shall mail to each applicable sponsor
on or about February 1 or each calendar year such form(s) as shall
be required to be filed by the sponsor under this section.
(c)
Changes in sponsorship or of operations of or within the facility
shall constitute a new use. Upon the occurrence of any such change,
it shall be the obligation of the property owner to notify the Zoning
Administrator in writing of the nature and details of such change.
Any such change shall require submission of a new application for
use on special exception and compliance with all procedures for grant
of a special exception under this chapter.
(d)
Review of annual recertifications and any communications received
pursuant to such applications shall be within the proper authority
of the Board of Supervisors. A facility in compliance with the original
grant of use upon special exception and such conditions as were imposed
thereon shall be entitled to recertification absent a material change
in circumstances, use or sponsorship.
(6)
Compliance with applicable regulations. The use shall be allowed
and continued use conditioned upon compliance by the facility and
its operations with all federal, state or local laws, ordinances or
regulations applicable to ownership and/or operation of such facility.
(7)
Performance standards. A use shall be allowed after evaluation
of and compliance with performance standards intended to assure that
operation of the facility comports with uses allowed and/or existing
in the District in which the property is located and, further, complies
with provisions of this chapter and other applicable Township ordinances.
These standards, which may be established as conditions upon any use
allowed, shall include the following:
(a)
The definitions of "group residence facility" and "resident" as set forth in Article IV of this chapter shall be strictly construed.
(b)
Parking facilities as set forth in this chapter as apply. In
addition, a sponsor/applicant shall assure a minimum of one off-street
parking space for each two resident clients and one off-street parking
space for each staff member residing in the premises or assigned on
that shift for which the maximum number of staff are scheduled.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
To the extent parking facilities are not addressed in this chapter,
provision shall be made to regulate or prohibit on-street parking
and/or require off-street parking suitable to the needs of the proposed
facility and consistent with that allowed within the particular District.
This authority shall extend to regulation of the location of off-street
parking to encourage retention of the existing character of the district.
(d)
Where larger off-street parking facilities are allowed within
a Residential District, such parking area(s) shall be screened by
shrubbery as approved by the Zoning Hearing Board.
(e)
The establishment shall comply with all federal, state and local
laws, ordinances and regulations governing noise levels or reduction
as then or in the future may be in effect.
(f)
No delivery trucks or outside storage shall be allowed on a
premises located within a Residential District, this provision not
being intended to prohibit mail or package delivery services or vendors
selling wares to various dwellings within the district.
(g)
All exterior lighting shall be arranged and aligned to reflect
light away from neighboring premises and public rights-of-way.
(h)
Activities of a facility otherwise entitled to a use on special
exception which are required by applicable law or regulation but which
ordinarily would not be conducted in the district in which the property
is located or might cause disturbance to neighboring residents shall
be regulated so as to minimize or eliminate injury or inconvenience
to others.
(i)
Any other matter necessary to assure compliance with this chapter
or any other Township ordinance as may in the circumstances apply.
(8)
Proper scope of review. In considering any application, the Zoning Hearing Board shall review operations of a proposed facility to determine whether it meets the definition of a "group residence facility" as set forth in this chapter. If it is determined that the proposed facility meets the definition in Article IV, the use shall then be deemed appropriate as designated in the particular District, and further consideration of the application shall focus upon assuring compliance with all applicable ordinances and on conditions upon grant of the use as may be necessary or appropriate in the circumstances to assure compliance with such ordinances and that the proposed facility shall operate as defined with due consideration of the interests of the facility, residents of the facility and neighboring uses and residents within the districts.
E.
Water recreation and storage. Where this is a special exception,
the applicant shall show that access to the facility is secured to
meet state codes and other applicable safety standards.
F.
Conversion apartments. The purpose of this special exception use
is to reasonably regulate the conversion of large, older single-family
dwellings, or such buildings identified under the adaptive re-use
section of the "V" Village District, into multiple-family dwellings
intended to meet the affordable housing needs of persons age 55 and
older. The conversion must meet the following standards.
(1)
Because this is a conversion, no addition or renovation may
result in a greater gross floor area than prior to the conversion.
(2)
All required parking shall be accommodated on-lot, with all
parking to occur in rear or side yard areas.
(3)
Approval of a special exception sketch plan does not constitute
a land development plan approval under the Township Subdivision And
Land Development Ordinance. At the time of land development submission,
the developer shall meet all applicable standards of that ordinance.
G.
Multiple-family dwellings. The purpose of this special exception
if to ensure that new construction of multiple-family dwellings fit
the context of the "V" Village District.
(1)
The developer shall present a sketch plan that includes elevations
or architectural perspectives and illustrates that the proposed building
is architecturally compatible with the neighborhood. This sketch plan
shall show consistency with any design manual adopted by the Township
and the overall design standards of this district.
(2)
Residences housing more than one family shall be designed to
emulate traditional buildings of this nature in historic settlements
in the region or shall be designed to resemble large single-family
residences. No building housing more than one dwelling unit shall
have more than six units, except for townhouse units, which may have
blocks of up to 10 units sharing a common wall.
(3)
All standards of the "V" Village District regarding site plan
approval shall be met.
H.
Treatment center/prelease detention facility shall be permitted where
specified and subject to the following requirements:
(1)
No such use shall be approved if within 1,000 feet from a similar
use.
(2)
No such use shall be approved unless there is a separation of
at least 500 feet from a residential district or use.
(3)
No such use shall be approved within 500 feet of such uses as
schools, parks, camps, community center, child-care facilities, churches,
playgrounds, or other areas where minor children assemble or congregate.
(4)
No such use shall be approved without due consideration by the
Board regarding appropriate security measures where the clientele/inhabitants/residents
are under the supervision or monitoring of the DOC, the BPP, or the
Board of Pardons. Such security measurers may include, but are not
limited to, fencing or other barriers, cameras, lighting, guards,
sign-in/sign-out sheets, curfews for residents, guard dogs, sirens,
or direct alarm with the police authority having jurisdiction.
(5)
The minimum lot area shall be 20,000 square feet.
(6)
The maximum building coverage shall not exceed 35% of the total
land area of the lot.
(7)
A minimum of 25% of the gross area of the lot shall be devoted
to green space.
(8)
Parking: one space per employee on largest shift and 1.5 spaces
per resident bed or one space per 300 square feet of the facility,
whichever is greater.
(9)
The facility shall be built and/or operated so as to avoid potentially
adverse influences and impacts on surrounding properties. Standard
setbacks shall be increased by 10 feet (front, rear, side).
(10)
There shall be no direct glare, whether from floodlights or
high-temperature processors, so as to be visible from adjoining zoning
districts.
I.
Marine Supplies and Services are a special exception in the "LF"
Lakefront District, provided the following criteria are met. Marine
supplies and services include boat and boat supply sales, boat storage,
and services.
