Adams Township Butler County
City Zoning Code
City Zoning Code
ARTICLE VIII
Uses by Special Exception
§ 192-48 General criteria.
A.
Special exception uses are listed for each zoning district in Article IV 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.
C.
The Board may attach such reasonable conditions and safeguards in addition to those expressed herein to implement the purposes of this chapter.
§ 192-49 Procedure for review.
A.
A developer proposing a special exception use shall submit three copies of the following materials to the Secretary of the Zoning Hearing Board:
(1)
A written statement supporting the general criteria outlined in this section and describing in detail the proposed use;
(2)
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.
B.
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.
C.
Each subsequent hearing before the Zoning Hearing Board shall be held within 45 days of the date of the prior hearing, unless otherwise agreed to by the appellant in writing or on the record. An applicant shall complete the presentation of his or her case in chief within 100 days of the date of the first hearing. Upon the appellant’s request, the Zoning Hearing Board shall assure that the appellant receives at least seven hours of hearing, including the initial hearing, within the 100 days. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the appellant’s case in chief. An appellant may, upon request, be granted additional hearings, provided that persons opposed to the application are granted an equal number of additional hearings. Persons opposed may, upon written consent or consent on the record by the appellant and the Township, be granted additional hearings to complete their opposition to the application, provided that the applicant is provided (given) an equal number of additional hearings in rebuttal.
[Added 9-29-2008 by Ord. No. 125[1]]
E.
A copy of the final decision, or where no decision is called for, of the findings, shall be delivered to the appellant personally or mailed to him or her not later than the day following the date of the decision. The appellant shall have 30 days to notify the Zoning Hearing Board that he or she accepts any attached conditions. Failure to accept the conditions or request additional consideration within the thirty-day period shall render the decision by the Board null and void.
[Amended 9-29-2008 by Ord. No. 125]
F.
The Board shall authorize the Code Enforcement Officer to issue a zoning/building permit for any approved special exception use.
G.
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.
§ 192-50 Specific criteria for special exception uses in residential zones.
B.
Cemetery - RC District.
(1)
Grave sites shall be set back from property and street lines at least 100 feet.
(2)
Trees shall be removed from the property only to the extent necessary to accommodate projected new grave sites. Existing areas on the site that are not forested shall be used first.
(3)
There shall be no crematorium on the property.
(4)
Maintenance buildings and outside storage areas shall be screened from view of adjacent public roads and dwellings.
(5)
The term "cemetery" shall include pet cemetery. However, no pet cemetery shall be within or abutting a cemetery used for human burial.
C.
Commercial kennel - RC District.
(1)
A residence for a caretaker or property owner shall be established on the same property and occupied prior to operation.
(2)
Areas open to animals shall be completely surrounded by a fence capable of containing the animals involved.
(3)
Any property used for such a facility shall contain at least five acres.
(4)
Buildings housing animals shall be located not closer than 100 feet to any property or right-of-way line.
(5)
Dogs shall be kept within a completely enclosed structure during night hours.
(6)
To the maximum extent feasible, fenced-in areas shall be located as far as possible from neighboring residential structures and open drainageways, and runoff from such areas shall be directed away from nearby homes.
(7)
No animals shall be buried on the property.
D.
Commercial stable - RC District.
(1)
A residence for a caretaker or property owner shall be established on the same property and occupied prior to operation.
(2)
Areas open to animals shall be completely surrounded by a fence capable of containing the animals involved.
(3)
Fencing shall not be located closer than the front building setback line from any property or street right-of-way line.
(4)
Any property to be used for such a facility shall contain at least one additional acre of pasture land for each horse or grazing animal.
(5)
Buildings housing animals shall be located not closer than 100 feet to any property or street line.
(6)
Fenced-in areas shall be located as far away as possible from neighboring dwellings and drainageways, and runoff from such areas shall be directed away from nearby homes.
(7)
No burial of dead animals shall occur on the property.
E.
Day-care center - RC, RAL, RAM, R-1, R-2, R-3M and R-5B Districts.
(1)
The day-time care of up to eight preschool, elderly, mentally or physically challenged persons in a single-family detached dwelling shall be permitted.
(2)
When six or more persons are to be accommodated, whether in a dwelling occupied by a family, in a dwelling converted for day-care use only, or in facilities operated by a public, charitable, or religious body, an exterior recreation area, completely fenced, shall be provided.
(3)
Such facility shall contain no overnight accommodations and shall be licensed by the commonwealth prior to consideration by the Township.
(4)
At least one additional off-street parking space shall be provided when the day care is operated in a single-family dwelling.
F.
Boarding or personal care homes - RC, RAL Districts.
(1)
A boarding (or lodging) home shall be considered a dwelling occupied by a family which accepts, on a remuneration basis, persons not related to the family to live in the household on a permanent basis. When the dwelling is occupied by unrelated persons or boarders, the total number of persons, including boarders living in the dwelling, shall not exceed eight.
(2)
A personal care home shall be considered a dwelling occupied by a family, licensed by the commonwealth to receive not more than six persons unable to live independently, on a permanent basis. No two such homes shall be closer together than 2,500 linear feet.
(3)
A transitional dwelling shall be considered a dwelling occupied by not more than four persons being provided temporary special care plus a full-time trained supervisor. Such persons shall be in the process of returning from an institutional setting to independent living. No two such dwellings shall be closer together than 2,500 linear feet.
(4)
As a condition of opening, the facility, if it is a personal care or transitional dwelling, shall be certified by the appropriate commonwealth agency. A plan for security of the premises shall be prepared if the facility is a transitional dwelling. The Planning Commission may recommend full-time security personnel on the premises at all times if the Commission finds that the facility poses a threat to the neighborhood.
§ 192-51 Specific criteria for special exception uses in the commercial, business and industrial zones.
A.
For uses similar to and compatible with permitted uses in the Commercial or Business Zones (C and B Zones).
(1)
The business shall be conducted entirely from within a permanent enclosed building.
(2)
No products or residue from the business shall be stored outside, except vehicles for sale on the premises or outdoor nursery plant materials.
(3)
The building required for the use shall be substantially the same in size and appearance as those of permitted businesses.
B.
For uses similar to and compatible with permitted uses in the Industrial Zone (I Zone).
(1)
The proposed use shall not exhibit any of the following characteristics:
(a)
Noise level discernible above the ambient background levels;
(b)
Glare from a direct light or heat source;
(c)
Dust from any manufacturing or storage operation;
(d)
Vibration of any equipment;
(e)
Interference with radio, television or other communications equipment;
(f)
Odor or contaminated runoff from any manufacturing or storage operation;
(g)
Storage of flammable or explosive substances or substances likely to breed insects or attract rodents.
(2)
No such operation shall be permitted that abuts or is directly across the street from a residential use.
(3)
The use may not be occupied, if approved by the Board, until a certificate from the State Department of Labor and Industry has been issued and received.
(4)
Screening in the form of landscaping or fencing may be required by the Board where appropriate.
C.
Single-family detached dwelling - C, B, I Districts.
(1)
The existing lot proposed for the dwelling was recorded prior to 1963, does not abut other property in the same ownership along common side lot lines, and is too small in area, irregular in shape, narrow, or impacted by slope conditions to be feasible for any use permitted in the zoning district.
[Amended 3-7-2005 by Ord. No. 109]
(2)
The existing use of land on adjacent property and directly across the street from the lot will not create an environment incompatible for a dwelling.[1]
[1]
Editor's Note: Former Subsection C(3), which required that the dwelling be occupied by the owner of the property, which immediately followed this subsection, was repealed 3-7-2005 by Ord. No. 109.
E.
Public utility transmission lines and towers - RC and I Districts.
(1)
The number of utility towers within the Township shall be kept to a minimum by requiring that proposers of new towers make every effort, to the maximum extent feasible, to share the use of existing towers and other suitable existing structures.
(2)
No storage of movable equipment or materials shall be permitted outside an enclosed building.
(3)
Overhead power lines supported by metal towers shall comply with the National Electrical Safety Code, published by the US Department of Commerce, to prevent injury to and afford future protection to adjacent properties and interests as they may be affected.
(4)
Structures on the lot shall meet all minimum setback requirements as established for principal uses.
(5)
The perimeter of the lot containing the use shall be screened with Bufferyard E as defined in § 192-53F(5) of this chapter. The Board of Supervisors may also require the lower parts of a communications or utility tower, below the treetop line as viewed from a distance, to be painted dark green, and the upper parts silver.
(6)
Except for overhead power lines supported by metal towers, the maximum height for all main structures shall be the height permitted in the district in which the structure is located.
(7)
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. A tower shall not be lighted except as may be required by the Federal Aviation Administration.
(8)
To the maximum extent feasible, such towers shall be located off of prominent ridgelines and out of view from public rights-of-way.
(9)
A utility tower shall be considered the principal use of a lot, and no other use shall be permitted on the same lot.
F.
Automobile service station - I District.
(1)
The lot shall be accessible from a high-volume arterial roadway.
(2)
The lot shall be at least 100 feet from any residential use.
(3)
All minor repair work, vehicle washing, lubrication, and installation of parts and accessories shall be performed within an enclosed building.
(4)
All automobile parts, dismantled vehicles, and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence. A chain link fence with slats shall not constitute acceptable screening or fencing for the purposes of this provision.
(5)
All vehicles awaiting repair shall be stored on site in approved parking spaces, and under no circumstances shall such vehicles be stored on or obstruct access to a public right-of-way.
(6)
Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.
(7)
All fuel, oil, or similar flammable substance shall be stored at least 25 feet from any property line.
(8)
All lighting shall be shielded and reflected away from adjacent properties and streets, and shall conform to the standards for illumination/lighting set forth in the district in which the use is to be located.
(9)
Bufferyard D, as defined in § 192-53F(4) of this chapter, shall be provided along all the property lines of the site that adjoin a residential use.
(10)
A canopy over the fuel pumps that is detached from the principal building may be erected, provided that such structure be located at least 10 feet from any property line or street right-of-way, and that such structure not be enclosed.
(11)
There shall be adequate space on the subject property to allow up to three cars to stack in a line for services without using any portion of the adjacent street.[3]
[3]
Editor's Note: Former Subsection F(12), pertaining to signs at industrial service stations, and which immediately followed this subsection was repealed 12-9-2019 by Ord. No. 176.
G.
Convenience store - RC District.
(1)
The lot shall be accessible from a high-volume arterial roadway.
(2)
The maximum size of a convenience store shall be 3,500 square feet of gross floor area.
(3)
If gasoline is sold as part of the convenience store operation, the conditions for automobile service stations listed in § 192-51F shall also apply. ln addition, parking areas for retail sales and gasoline service shall be separated from each other, and circulation within the property to each parking area shall be separate and clearly marked.
(4)
The applicant shall submit a litter control plan as part of the application for special exception approval.
(5)
The Board may limit the hours of operation as a condition of approval.
(6)
All lighting shall be shielded and reflected away from adjacent properties and streets and shall conform to the standards for illumination/lighting set forth in the district in which the use is to be located.
(7)
Bufferyard D, as defined in § 192-53F(4) of this chapter, shall be provided along all the property lines of the site that adjoin a residential use or zoning classification.
(8)
No drive-in or drive-through service shall be permitted as part of the operation of a convenience store.
H.
Government services in structures larger than 10,000 square feet - I, B, C Districts.
(1)
Storage of equipment or materials shall be within a completely enclosed structure or shall be screened from public view by a six-foot-high opaque fence, wall, or hedge. Chain link fencing with slats shall not constitute acceptable screening for the purposes of this provision.
(2)
All vehicle maintenance shall be conducted within a completely enclosed building.
(3)
Points of ingress and egress for police, fire, and other emergency services shall be located to maximize sight distances along adjacent public streets.
(4)
Adequate vehicle turning areas shall be provided on the site so that vehicles and equipment can be maneuvered on site without interrupting traffic flow or blocking public streets.
I.
Salvage yards and wholesale distributors - I District.
(1)
Such use shall not be located within 500 feet of any residentially used property.
(2)
Such use shall be screened from any public street or view from surrounding nonindustrial properties by bufferyard E, as defined in § 192-53F(5) of this chapter.
(3)
An acceptable plan to control rodent infestation and to process and dispose of wrecked vehicles and parts shall be provided and approved.
(4)
The use shall be operated from a permanent building on the site.
(5)
The use shall not include the storage or accumulation of tires, waste oils, grease or other flammable, toxic, or hazardous materials.
(6)
The manner of storage of junk or other materials shall facilitate access for fire fighting, shall prevent hazards from fire or explosion, and shall prevent accumulation of stagnant water.
J.
Restaurants and bars within 200 feet of residential property - B, C, I Districts.
(1)
Business shall be conducted within an enclosed building, except that meal service may be provided on an outside patio, provided the patio is no more than 1/3 the floor area of the entire use.
(2)
No live performances with any sort of amplification shall be permitted.
(3)
No use shall be served by garbage collection services between the hours of 10:00 p.m. and 7:00 a.m.
(4)
Business shall not be conducted on the premises between the hours of 11:00 p.m. and 7:00 a.m.
(5)
The use is screened from adjacent residential properties with Bufferyard D, as defined in § 192-53F(4) of this chapter.
(6)
Outdoor lighting, if any, shall be shielded and reflected away from adjoining residential properties and shall conform to the illumination/lighting standards set forth in the district in which the use is to be located.
(7)
All bars shall be licensed to operate under the laws of the Commonwealth of Pennsylvania.