Dallas Township City Zoning Code
ARTICLE VI
Special Exceptions
§ 95-46 Purpose.
The purpose of a use classified as a "special exception" is to provide expressed standards for regulating unique or special characteristics of certain uses which may otherwise allow such uses to be permitted by right within their respective zoning district, as provided in Article V, Zoning District Regulations.
§ 95-47 General provisions.
The authority for approving or denying applications for uses permitted by special exception shall be vested in the Zoning Hearing Board in accordance with the provisions contained in Article XV. Decisions by the Zoning Hearing Board shall be made pursuant to the standards and criteria set forth in § 95-153B, the respective zoning district in which the use is located, all other applicable regulations of this chapter, other ordinances of the Township and any applicable state and/or federal regulations.
§ 95-48 Site plan.
A.
Uses classified as a special exception shall file, in addition to a zoning permit, a site plan at a scale not greater than:
(1)
One inch equals 50 feet for uses/developments located upon properties in excess of two acres; or
(2)
One inch equals 20 feet for uses/developments located upon properties being two acres or less.
B.
Such plan shall provide all applicable information required for the Zoning Hearing Board to render a decision, including but not limited to the following:
(1)
The location and size of all buildings and structures, both principal and accessory, both existing and proposed.
(2)
The location of all off-street parking areas and/or loading and unloading areas.
(3)
The location of all open space areas, including buffer areas and fencing, as applicable.
(4)
Traffic access to the site and internal traffic circulation including the width and pavement of traffic lanes and aisle widths.
(5)
All streets, both public and private, within 200 feet of the site, including right-of-way and cartway widths.
(6)
Streams, ponds, watercourses, wetlands, or any other types of bodies of water, including natural or man-made drainage swales, located on the site or within one 100 feet of the site.
(7)
The location, nature and terms of any existing or proposed easements on the site, and any easements both on-site and off-site which are used or intended to be used for access to the site, including the name and address of the owner or owners granting such easement.
(8)
The location of any residential structures which border the site on an adjoining lot and/or those within 200 feet of any property boundary line of the subject site.
(9)
The map, block and lot number of the subject parcel, as contained in the records of the Office of the Luzerne County Recorder of Deeds, along with a copy of the deed.
(10)
A location map at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Township.
(11)
Site contours.
(a)
In cases when a proposed use includes new construction and/or grading of the site, applicant shall provide upon the site plan the contours of the site at vertical intervals of:
[1]
Not more than five feet for land with an average natural slope of 5% or less.
[2]
Not more than 10 feet for land with an average natural slope exceeding 5%.
[3]
Not more than 20 feet for land with an average natural slope exceeding 15%.
(b)
Topography data shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official U.S.G.S. benchmarks.
(12)
If applicable, the applicant shall submit a soil erosion and sedimentation plan and/or NPDES permit for review and approval by the Luzerne County Conservation District.
(13)
The applicant shall submit with the site plan a narrative that outlines and fully describes all proposed uses or development of the site, along with all pertinent operational aspects, features and/or activities related to the proposed uses or development of the site.
(14)
The applicant shall supply any other information required by the Dallas Township Zoning Hearing Board for determining the conformance of the special exception use with the applicable regulations for that particular use.
§ 95-49 Impact analysis.
In considering an application for a special exception, the Zoning Hearing Board shall have the authority to require the applicant to prepare an impact analysis on a particular aspect of the subject application and/or potential effect of the subject application in relationship to surrounding properties in accordance with the definition of said term as provided within Article II of this chapter.
§ 95-49.1 Student home permitted by special exception.
[Added 1-6-2025 by Ord. No. 2025-1]
A student home is permitted by special exception within the C-1, A-1, A-2, R-1, R-2, R-MPH and S-1 Zoning Districts within a lawful single-family dwelling unit under the Dallas Township Zoning Ordinance, provided all of the following requirements are met:
A.
A student home shall only be permitted within a Single-Family Dwelling.
B.
No student home shall be permitted within a two-family dwelling unit.
C.
No more than one building on a lot may be used as a student home.
D.
A special exception authorizing a student home shall expire unless the use is licensed and occupied as a student home within six months from the date of the special exception authorization.
E.
No student home shall be closer than 1,000 feet to another student home property line. The distance requirement is measured from the closest property line of a potential student home to another student home property line.
F.
The rules and regulations applicable to the conduct of student tenants in student homes authorized under this Section shall, at a minimum, conform to those applicable to on-campus dormitories of the college or university wherein the student tenants at issue attend. The owner shall provide proof of such rules and regulations to the Township.
G.
The student home shall have a minimum of 1,500 square feet of living area, exclusive of building area covered by a basement, garage or an accessory building.
H.
The student home shall meet the minimum yard setbacks, lot area and lot width requirements for single-family detached dwellings within the zoning district in which located.
I.
Noise abatement measures acceptable to the Township shall be used to avoid conflicts with nearby neighbors.
J.
A buffer area with a width of 10 feet shall be required for student homes along the rear and side lot lines of the subject property.
K.
Landscaping acceptable to the Township shall be used as a buffer between a student home and any nearby dwellings.
L.
The number of persons living in such a student home shall not exceed four. Any number of persons in excess of four would tend to create an institutional atmosphere that would threaten the residential character of the subject zoning district.
M.
The student home shall meet the minimum area, yard setback, lot width and other area and bulk requirements for Single-Family detached dwellings, unless otherwise specified herein.
N.
A minimum of two paved off-street parking spaces located to the side or rear of the premises and not in the front yard shall be required, in addition to those otherwise required for a single-family dwelling.
O.
The owner, manager and/or agent of the student home shall secure an annual license from the Township in accordance with Chapter 62, Rental Property, of the Dallas Township Code of Ordinances, the definitions from which chapter are incorporated in this Section by reference and made a part hereof.
P.
The owner of the property shall provide the Township with the number of students that reside within a student home and shall provide the names and contact information for each student residing therein.
Q.
The owner of the property shall notify the Township when there is a change in the individual students residing within a student home and/or if the property is no longer used as a student home. The owner of the property shall immediately notify the Township of a change in the property's status as a student home.
R.
No student residing within a student home shall conduct himself or herself in a manner which constitutes disruptive conduct.
S.
A student home shall not be permitted to be used for any purpose other than a residence.
T.
The owner of the student home and the students residing within said student home shall not engage in, nor tolerate or permit others on the property of the student home to engage in, conduct declared illegal under the Pennsylvania Crimes Code, Liquor Code, and/or Controlled Substance, Drug, Device and Cosmetic Act. The owner shall provide the Township with proof of rules and regulations enforcing the same at the subject property.
U.
The exterior appearance of the student home shall be maintained so as to resemble the dwellings within the immediate vicinity of the student home, and there shall be no signs identifying the use and/or identifying it as a student home.
V.
This section is not intended, nor shall its effect be, to limit any other enforcement remedies, which may be available to the Township against an owner, student tenant and/or guest thereof found in this Chapter and/or other applicable law.
W.
The requirements of § 95-49.1E shall not apply to owners who are renting to students on the effective date of this section and are otherwise in compliance with applicable law. The foregoing notwithstanding, at such time as any of the following occur, the owner of a student home previously exempted from application of § 95-49.1E who wishes to rent to students in a student home shall be required to immediately come into full compliance herewith, including, but not limited to, by making application for a special exception hereunder and complying with § 95-49.1E: 1) failure of the owner, manager and/or agent to timely secure an annual license from the Township within the time required in accordance with Chapter 62, Rental Property for a student home; 2) transfer of title to all or part of the property on which the student home is located (any exemption existing hereunder is not transferrable); or, 3) a change in the property's status as a student home.
