Chambersburg City Zoning Code
ARTICLE XXI
Special Exceptions
§ 300-134 Authorization.
[Amended 2-8-1984 by Ord. No. 84-3; 4-22-1998 by Ord. No. 98-4]
The Zoning Hearing Board may authorize by special exception those uses which are permitted by this chapter as a special exception as set forth in certain of the sections of this chapter prescribing district use regulations, where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements and objectives of the Comprehensive Plan. Such permits may be granted only by the Zoning Hearing Board after public notice and hearing on any application for a special permit.
§ 300-135 Conversion apartments.
The Zoning Hearing Board may authorize as a special exception the conversion of any building existing at the effective date of this chapter into a dwelling for two or more families in any residential district subject to the following requirements:
A.
The lot area per family shall not be reduced to less than 6,000 square feet in Low-Density Residential Districts and 625 square feet in other residential districts.
B.
The yard, building area, off-street parking, and other applicable requirements for the district shall not be reduced.
C.
No structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety.
D.
Such conversion shall be authorized only for a large building which has relatively little economic value or usefulness as a conforming dwelling or other conforming use.
§ 300-136 Group housing development.
[Amended 7-13-2009 by Ord. No. 2009-15]
A.
A housing development consists of a group of two or more buildings to be constructed on a plot of ground of at least five acres not subdivided into the customary streets and lots and which will not be so subdivided. Such housing developments shall be approved by the Zoning Hearing Board, as a special exception, in a manner that will be in harmony with the character of the neighborhood and will ensure a density of land use no higher and a standard of open space at least as high as required in the district in which the proposed development is to be located.
B.
Standards. A group housing development shall be subject to the following standards:
(1)
The development must meet the lot yard regulations and height restrictions for the district where it is located.
(2)
Lot coverage, excluding paved areas, shall be no more than 30%.
(3)
One off-street parking space shall be provided for each employee plus 10 spaces for visitor parking.
(4)
All off-street parking and loading and unloading areas, including driveways, shall be graded and surfaced with asphalt or concrete that is drained to the extent necessary to prevent excessive water flow across streets or adjoining properties.
(5)
The edge of all parking and loading and unloading areas shall be located at least 10 feet from any residential lot line and shall be screened from adjacent residential properties by a six-foot-tall sight-and-light-obscuring fence.
(6)
Any lighting used to illuminate parking and loading and unloading areas shall be arranged so that the direct rays from the lights will not fall on any adjacent residential property. Lighting standards used to illuminate parking and loading and unloading areas cannot exceed eight feet in height.
(7)
Noise-emitting equipment or apparatus cannot be located within 50 feet of a residential lot line and must be located at the ground level, with such buffering as the Zoning Hearing Board determines can reasonably limit the additional sound being heard by neighbors.
(8)
The Zoning Hearing Board may attach additional conditions (including, but not limited in any way to, indirect lighting, screening, and noise buffering between the group housing development and neighboring properties) to the granting of a special exception permit.
§ 300-137 Adult entertainment.
The Zoning Hearing Board may authorize as a special exception the adult entertainment uses specified in Article X, § 300-57 (T through AA), subject to the general standards established in this article and the following specific criteria:
A.
None of the designated adult entertainment uses shall be permitted:
B.
All enumerated adult entertainment uses shall be permitted signs and visible messages based on the allowable sign area of the Heavy Manufacturing District, provided that:
(2)
Other visible messages. Messages which are visible or intended to be visible from outside the property (such as on or within doors or windows) shall not display materials, items, publications, pictures, films, or printed material available on the premises or pictures, films, or live presentations of persons performing services offered on the premises.
C.
Should any of the uses listed in Subsections T through AA of Article X, § 300-57 above cease or discontinue operation for a period of 90 or more consecutive days, it may not resume, nor be replaced by any other adult entertainment use, unless it complies with all the requirements set forth in Article XXI above.
§ 300-138 Child or adult day-care facilities.
A.
The Zoning Hearing Board may authorize as a special exception child or adult day-care facilities as defined in this chapter subject to the following criteria.
B.
If any person desires to utilize any lot or tract of land in the Borough of Chambersburg as a child or adult day-care facility, in addition to all other criteria established in this chapter relating to special exceptions, the following criteria shall be applicable:
[Amended 6-14-2021 by Ord. No. 2021-02]
(1)
For a child day-care facility, an outdoor play area shall be provided as required by the Commonwealth of Pennsylvania. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designated so as to minimize disruption of normal activities of adjoining uses permitted within the zoning district and/or neighborhood. If unsafe areas or conditions are in or near an outdoor play space, fencing or natural barriers are required to restrict children from those unsafe areas or conditions.
(2)
Enrollment shall be defined as the largest number of persons and/or children under day-care supervision on any one day in a seven-day period. For purposes of this reference, a day shall be considered a twenty-four-hour calendar day.
(3)
The appellant will provide and arrange adequate drop-off and pickup satisfactory to the Zoning Hearing Board.
(4)
All day-care facilities shall obtain and maintain proper licensure or registration from the Commonwealth of Pennsylvania.
(5)
The applicant shall demonstrate that adequate safeguards are provided to protect enrollees from nearby commercial and/or industrial activities and uses.
(6)
On or before the last business day of January each year, each person desiring to operate or to continue to operate a child or adult day-care facility shall provide to the Borough of Chambersburg Zoning Enforcement Officer proof of the Pennsylvania Department of Public Welfare registration renewal for the current licensure period.
(7)
Day-care homes shall be permitted only in single-family detached dwellings and duplexes and shall not be permitted in accessory buildings.
§ 300-138.1 Boardinghouses or lodging houses.
[Added 10-19-2009 by Ord. No. 2009-18]
A boardinghouse or lodging house use may be granted a special exception by the Zoning Hearing Board, provided it meets the following requirements:
A.
A boardinghouse or lodging house use cannot be located within 50 feet of a residential lot line.
B.
Existing structures must meet all applicable current codes for a boardinghouse or lodging house use.
C.
New development must meet the lot width, area, coverage and yard regulations and height restrictions for the district where it is located.
D.
The quarters to be utilized by the occupants of the premises shall be in the principal structure. Separate structures, accessory buildings and garages are not permitted to be used as living units or guest rooms.
E.
For existing structures, no exterior additions shall be made to a building or structure for additional guest rooms.
F.
One off-street parking space shall be provided for each guest room or for every two separately paying guests.
G.
All parking areas shall be in the rear yard area, and the areas, including driveways, shall be graded and surfaced with asphalt or other suitable material and drained to the extent necessary to prevent dust, erosion or excessive water flow across streets or adjoining properties. For lots that accommodate existing structures, parking areas can be located in areas other than the rear yard if the existing lot layout will not accommodate a parking area in the rear yard.
H.
All parking areas shall be screened from adjacent properties by a six-foot-tall sight- and light-obscuring fence or vegetation.
I.
Any lighting used to illuminate off-street parking shall be arranged so that the direct rays from the lights will not fall on any residential property beyond the property line. Lighting standards used to illuminate parking and loading and unloading areas cannot exceed eight feet in height.
J.
The owner shall have the boardinghouse or lodging house inspected by the Building Code Officer of the Borough of Chambersburg and secure a certificate of occupancy.
K.
The owner shall have the boardinghouse or lodging house inspected by the Fire Code Officer of the Borough of Chambersburg and secure any necessary permits.
L.
The owner shall have the boardinghouse or lodging house inspected by the Property Maintenance Code Officer of the Borough of Chambersburg and secure any necessary permits.
M.
If meals are provided, the owner shall have the kitchen area inspected by the Health Officer of the Borough of Chambersburg and secure any necessary permits.
N.
The Zoning Hearing Board may attach additional conditions (including, but not limited in any way to, indirect lighting, screening and noise buffering between the boardinghouse or lodging house and neighboring properties) to the granting of a special exception permit.
§ 300-138.2 Special exceptions for height limits.
[Added 5-10-2010 by Ord. No. 2010-08]
There shall be permitted as special exceptions the following structures in excess of the height limits otherwise established in this chapter:
A.
In the districts limiting height to 35 feet, any permitted structure may be increased in height not to exceed 40 feet, provided the required side yards are increased an additional foot for each foot such structure exceeds 35 feet.
B.
For structures permitted in Subsection A next above to exceed the thirty-five-foot limit, the following may also exceed any height permitted under Subsection A but only as part of the special exception process:
(1)
Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, steeples, chimneys, smokestacks, radio and television antennas, water tanks, silos, gas containers, or similar structures may be erected above the height limits herein prescribed, but no roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential or commercial use.
§ 300-138.3 Special exceptions for casinos.
[Added 2-26-2018 by Ord. No. 2018-05]
Casinos may be granted a special exception by the Zoning Hearing Board provided the following criteria are met:
A.
A Category 4 mini-casino, and associated off-street parking area, is permitted as a special exception use in a Distributed Commercial Highway zoning district and must comply with all other applicable Code of the Borough of Chambersburg regulations.
B.
A Category 4 mini-casino can be located within 1,000 feet from the eastern municipal boundary of the Borough of Chambersburg, as measured in a straight line from any lot line of the lot to accommodate the Category 4 mini-casino to the municipal boundary.
C.
A Category 4 mini-casino cannot be located within 500 feet from any dwelling or garden apartment, as defined by the Zoning Code, and occupied or being offered for rent or sale to be occupied as a dwelling or garden apartment, as measured in a straight line from any lot line of the lot to accommodate the Category 4 mini-casino to any lot line of the closest dwelling or garden apartment.
D.
A Category 4 mini-casino cannot be located within 500 feet from any church, as defined by the Zoning Code, and occupied or being offered for rent or sale to be occupied as a church, as measured in a straight line from any lot line of the lot to accommodate the Category 4 mini-casino to any lot line of the closest church.
E.
A Category 4 mini-casino cannot be located within 500 feet from any public, parochial or private school or institution for higher education, as defined by the Zoning Code, and occupied or being offered for rent or sale to be occupied as a public, parochial or private school or institution for higher education, as measured in a straight line from any lot line of the lot to accommodate the Category 4 mini-casino to any lot line of the closest public, parochial or private school or institution for higher education.
F.
A Category 4 mini-casino cannot be located within 500 feet from any public parks, playgrounds or municipal recreation areas, as defined by the Zoning Code, as measured in a straight line from any lot line of the lot to accommodate the Category 4 mini-casino to any lot line of the public park, playground or municipal recreation area.
G.
The Zoning Hearing Board may attach additional conditions (including, but not limited in any way to, traffic mitigation, lighting, screening and noise) to the granting of a special exception permit for a Category 4 mini-casino.
§ 300-138.4 Subdivision of attached dwellings, semidetached dwellings and accessory structures.
The Zoning Hearing Board may authorize as a special exception of the subdivision of any attached dwelling, semidetached dwelling and accessory structure existing at the effective date of this chapter in any zoning district, except manufacturing, subject to the following requirements:
A.
Nonconformities for height, lot area, lot width, lot coverage and yard regulations shall be described to the Board.
B.
Nonconformities for off-street parking shall be described to the Board, however, compliance with the off-street parking requirements must be gained where applicable or the most de minimis variance must be granted.
C.
The party wall dividing dwelling units shall be extended from the top of the existing ceiling to the bottom of the existing roof. Such extension shall be designed to minimize fire spread in the attic area and shall be construed of a material having a minimum fire rating of one hour.
D.
Where not separate, electric, gas, water and sanitary sewer service lines must be separated in compliance with all applicable codes for each dwelling prior to submission of a subdivision plan.
[1]
Editor's Note: This ordinance also retitled the section from "Subdivision of semidetached dwellings" to "Subdivision of attached dwellings, semidetached dwellings and accessory structures."
§ 300-138.5 Light manufacturing accessory to a permitted restaurant or retail use.
[Added 5-16-2022 by Ord. No. 2022-06]
Light manufacturing accessory to a permitted restaurant or retail principal use may be granted a special exception by the Zoning Hearing Board, provided it meets the following requirements:
A.
The light manufacturing activity shall be conducted only within the building occupied by the permitted restaurant or retail use and may not occupy more than 25% of the total floor area, but in no event shall it exceed 2,500 square feet.
B.
The light manufacturing activity shall not be conducted between the hours of 10:00 p.m. of one day and 6:00 a.m. of the following day.
C.
The light manufacturing activity may not use any equipment, or process, which creates noise, vibration, glare, fumes, odors or electronic interference, including interference with radio or television reception, which is detectible from any property line on the lot encompassing the use.
D.
The light manufacturing activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with permitted restaurant or retail use.
E.
There shall be no tractor-trailer truck delivery associated with the light manufacturing activity.