East Lansdowne City Zoning Code
PART 5
PROCEDURES AND STANDARDS FOR SPECIAL EXCEPTIONS
§ 27-500 Purpose.
The purpose of this Part is to provide conditions and standards for uses permitted by special exception. In these cases, the Zoning Hearing Board may attach reasonable conditions and safeguards, in addition to those expressed in this Part, as it may deem necessary to implement the purposes of this chapter and those of the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 27-501 General Requirements.
1.
In any instance where the Zoning Hearing Board is required to consider a request for a special exception, the Board shall consider the following factors where appropriate:
A.
That the proposed use is consistent with the statement of goals and objectives as stated in the latest adopted Lansdowne and East Lansdowne Joint Comprehensive Plan and the statement of purpose for the district in which the use is proposed.
B.
That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage and solid waste disposal, water supply, stormwater management, and accessibility and availability of public services, and that adequate provisions will be made to protect sensitive environmental features such as streams, wetlands, slopes, and mature trees.
C.
That the proposed use is compatible with the character of the surrounding neighborhood, will not interfere with or detract from adjacent properties, and that adequate measures will be provided through building design, site layout, landscaping, planting, and operational controls to minimize any adverse impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading, and signage.
D.
That the proposed use will serve the best interest of the Borough, convenience of the community, and the public health, safety, and welfare.
E.
That the proposed use promotes orderly development, proper population density, and the provision of adequate community facilities and services, including police and fire protection.
F.
That the proposed use is suitable in terms of its effect on highway safety and traffic circulation and that access, on-site circulation, and parking are adequate.
G.
That the proposed use will provide for adequate off-street parking, as required in Part 8.
H.
That the proposed use will reflect effective site planning and design in terms of energy efficiency, environmental protection, and aesthetic composition.
2.
Financial hardship shall not be construed as a basis for granting a special exception.
§ 27-502 Requirements for Special Exceptions Where Specific Standards Are Not Provided.
In cases where this Part does not provide specific standards for uses permitted by special exception, the following dimensional requirements will be applied by the Zoning Hearing Board:
1.
In the Residential District, the area, bulk, and any other applicable requirements shall be no less stringent than those for single-family dwellings in the district.
2.
In the Commercial District, the area, bulk, and any other applicable requirements shall be no less stringent than those for the use which requires the greatest dimensions in the district.
3.
The Zoning Hearing Board may require additional, reasonable but more-stringent requirements than those required in Subsection 1 or 2 above, provided that the Board makes one or more of the following determinations:
A.
Insufficient to accommodate the proposed building, facility, or use and that greater dimensional requirements would substantially alleviate that condition.
B.
Insufficient to provide adequate area for parking and loading, as required by Part 8, and that greater requirements would substantially alleviate that condition.
C.
Insufficient to provide for lot areas and dimensions necessary to protect the adjacent area from the potential adverse impacts of the proposed use, such as noise, vibration, air pollution, and similar impacts, and that greater dimensional requirements would substantially alleviate that condition.
4.
All parking requirements of Part 8 must be followed.
§ 27-503 Private Clubs or Lodges.
Private clubs or lodges shall be permitted by special exception in the Commercial District in accordance with the following requirements:
1.
Private clubs shall be operated for civic, cultural, educational, social, or recreational purposes.
2.
The activity shall be noncommercial, nonprofit, and clearly one not customarily carried on as a business.
3.
Each building or facility shall be for members and their guests only.
4.
No club shall provide for eating or dining except on an incidental basis.
§ 27-504 Major Home Occupations and Professional Offices.
Major home occupations shall be permitted by special exception in the Residential District, subject to the following provisions:
1.
The occupation (or profession) shall be conducted entirely within the dwelling and shall be clearly incidental and secondary to the residential use of the dwelling.
2.
Only one occupation per dwelling shall be permitted.
3.
Not more than one person other than the resident shall be employed, except that in the case of home professional offices of doctors and dentists, a maximum of two people other than the resident may be employed.
4.
Not more than 25% of the gross floor area of the dwelling shall be used for the home occupation. However, a maximum of 50% of the gross floor area of the dwelling may be used as a home professional office for a doctor or dentist.
5.
No external alterations inconsistent with the residential use shall be permitted.
6.
There shall be no display of materials or products visible from outside the dwelling.
7.
No noise, vibration, smoke, glare, or any other impact shall be noticeable at or beyond the property line.
8.
There shall be no outdoor storage of equipment, material, or supplies.
9.
Major home occupations shall not be permitted in multifamily dwellings.
10.
All home occupations shall be subject to periodic inspection by a local official.
11.
A home occupation shall in no case be operated before 8:00 a.m. and after 8:00 p.m.
12.
Parking shall be provided, subject to Part 8.
13.
A special exception shall not be granted when it appears to the Zoning Hearing Board that the proposed major home occupation will cause one or more of the following conditions: a fire hazard to neighboring residences, an adverse effect on neighboring property values, or a nuisance or detriment to the neighbors because of excessive traffic, noise, odor, or other negative circumstances.
§ 27-505 Residential Conversions.
Conversions of single-family detached dwellings and single-family semidetached dwellings to two-family dwellings shall be permitted by special exception in the Residential District, subject to the following requirements:
1.
In order to be eligible for conversion, a minimum floor area of 2,000 square feet, exclusive of basement space, is required.
2.
A minimum of one floor of living space shall be provided for each unit, with a minimum of 625 square feet for one-bedroom units and a minimum of 800 square feet for two-bedroom units.
3.
A lot area of not less than 3,000 square feet shall be required for each dwelling unit created by conversion.
4.
Two off-street parking spaces shall be required for each unit created by the conversion. Such parking spaces shall be paved and have direct access to a street or alley. The stacking of parking spaces (where it is necessary to move a given vehicle before another vehicle can enter or exit) is prohibited.
5.
No external alterations inconsistent with the residential use and architectural character of the neighborhood shall be permitted.
6.
Each unit shall be a complete, separate housekeeping unit that is independent of any other unit.
7.
The maximum number of units created shall be two.
8.
Owners of conversions on lots where there is currently no sidewalk shall install a sidewalk along the frontage of the property.
9.
Prior to conversion, the applicant shall obtain a permit from the Zoning Officer.
10.
All utility connections shall meet utility company standards.
11.
Applications for conversions shall contain the following items:
A.
A floor plan showing the layout, including all dimensions of each unit.
B.
A site development plan showing and locating the dwelling and other existing buildings; all property lines; any proposed additions; building setback lines; location, size, and extent of all underground utilities; length, width, and function of all rights-of-way and easements; and required parking spaces.
C.
All plans shall be drawn to a scale of not less than one inch equals four feet for the floor plans and one inch equals 20 feet for the site development plans.
§ 27-506 Child-Care Facilities.
1.
General Provisions. The following general provisions apply to each of the two defined types of child day-care facilities. In addition, each type of child day-care facility shall comply with the specific individual regulations for each type of facility:
A.
The provisions of this section pertain to day-care service for children by caregivers in:
(1)
Family day-care homes, permitted by right.
(2)
Group day-care homes, permitted by special exception.
Subject to Article II, Sections 8A, 8B, and 8C, of the Department of Public Welfare (DPW) Social Services Manual Regulations, day-care service for children shall include out-of-home child day-care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day-care service for children shall not include babysitting or day care furnished in places of worship during religious services. |
B.
Family day-care homes, as defined in Part 2, must hold an approved and currently valid DPW registration certificate. Group day-care homes and day-care centers, as defined in Part 2, must hold an approved and currently valid DPW license. In addition, all child day-care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space, and any applicable state or local building and firesafety codes.
C.
Each operator of a newly established child day-care facility shall notify the Borough in writing at least 15 days prior to the initiation of such use for the purpose of allowing the Borough to establish a record of new land use. Already existing licensed or registered facilities shall be required to notify the Borough of their operation in writing at least 60 days after enactment of this section. In addition, the operator of any facility must certify compliance with all aspects of this section and all other applicable municipal requirements.
(1)
Family day-care homes must provide proof of an approved DPW registration certificate at the time of initial notification to the Borough and must show proof of the registration renewal every two years. At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Borough, in writing, at least 15 days prior to the expansion of the use and provide proof that all requirements for licensure by the DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day-care homes established in Subsection 3 herein.
(2)
Group day-care homes must provide proof of an approved and currently valid DPW license at the time of initial notification to the Borough and must provide proof of annual license renewal.
D.
The operator of a family day-care home or group day-care home will allow appropriate representatives of the Borough to enter the property at reasonable times to inspect such use for compliance with the requirements of this section and all other applicable municipal and state ordinances and regulations.
E.
No portion of a child-care facility shall be located within 300 feet of any potentially hazardous land use or activity which could expose a threat to the safety and welfare of the children, staff, and other occupants of the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.
F.
Outside play shall be limited to the hours between 8:00 a.m. and 8:00 p.m.
G.
An outdoor play area, as required by DPW regulations, shall be provided for any proposed child day-care facility.
(1)
On-Site Outdoor Play Area. An on-site outdoor structured play area or areas of high outdoor activity shall be located in yard areas which provide adequate separation, safety, and protection from adjoining uses, properties, and roadways. Whenever possible, the on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child care facility.
(2)
Off-Site Outdoor Play Area. In accordance with DPW standards, a child day-care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a one-half-mile distance of the facility, measured from the property line of the facility. When the use of an off-site play area is proposed, the applicant shall inform the municipality about the means of transportation that will be used to access the off-site play area. For reasons of safety, when children will be walked to an off-site play area, the route to the off-site play area shall not involve the crossing of avenues or state roads. Pedestrian access on sidewalks or improved walkways shall be required.
H.
Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height, and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable municipal regulations relating to building and/or zoning permits.
2.
Family Day-Care Homes. Any proposed family day-care home shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in Subsection 1 above.
A.
The following standards shall apply to all proposed family day-care homes:
(1)
Drop-Off Area. One on-site drop-off space for clients shall be provided. An existing driveway or common parking lot space may be used as the drop-off area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the drop-off area and the proposed use fronts on an arterial or major collector street, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, an on-site drop-off space shall be provided. The drop-off area shall conform to the municipal dimensional standards for residential parking spaces.
(a)
In cases where the drop-off area cannot be accommodated on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
(b)
The required drop-off area may be waived by the municipality if the applicant can demonstrate that the clients of the family day-care home will walk to the facility, thereby eliminating the need for the additional parking space.
(2)
Fencing. If there are unsafe areas, such as open drainage ditches, wells, holes, heavy street traffic, etc., in or near an outdoor play area, there shall be fencing to restrict children from these areas. Natural or physical barriers, such as hedgerows, walls, or dense vegetation may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas.
B.
The following standards shall apply to family day-care homes:
(1)
The applicant shall demonstrate that the children in the family day-care home can safely, quickly, and easily vacate the premises in case of emergency.
(2)
The hours of drop-off and pick-up of children and of outdoor play shall be limited to between 8:00 a.m. and 8:00 p.m.
(3)
The applicant shall demonstrate that the current lease or homeowners' covenants for the facility contain no clause which prohibits the proposed use.
3.
Group Day-Care Homes. Any proposed group day-care home shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in Subsection 1 above:
A.
Minimum Distance Between Facilities.
(1)
In order to avoid a concentration of individual group day-care homes in residential neighborhoods, group day-care homes shall be located a minimum of 300 feet from each other as measured from the respective property lines. This dispersion requirement shall not apply in cases where a proposed group day-care home is located within 300 feet of a school facility or church which provides child-care services.[1]
[1]
Editor's Note: Former Subsection 3A(2), which immediately followed this subsection, was repealed 6/8/2015 by Ord. 574.
B.
Drop-Off Area.
(1)
A drop-off area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway or common parking lot spaces may be used as the drop-off area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate two parked vehicles. If a driveway is used for the drop-off area and the proposed use fronts on an avenue or state road, an on-site turnaround area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, two new on-site drop-off spaces shall be provided. The drop-off area shall conform to the municipal dimensional standards for residential parking spaces.
(2)
In cases where the on-site drop-off area cannot be accommodated, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility.
C.
Fencing of an Outdoor Play Area. In order to physically contain the activity of children in the outdoor play area, a minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines. Natural or physical barriers, such as hedgerows, walls, dense vegetation, etc., may be substituted for fencing if it can be demonstrated that such barriers can effectively contain the activity of the children.
4.
Cap on Number of Group Day-Care Homes. In order to avoid a concentration of group day-care homes in residential neighborhoods, at all times the total number of group day-care homes in the Borough shall not exceed six in number. The Zoning Officer shall maintain a record of all group day-care homes in the Borough at any time for purposes of enforcing this requirement.
[Added by Ord. 574, 6/8/2015]
5.
Expiration of Special Exception. Because the operator of a group day-care home must by licensed by the DPW, any special exception approved pursuant to this section shall be deemed to be personal to the applicant for such special exception and shall not run with the land. Any such approved special exception shall expire upon the sale, transfer or conveyance of the property or the expiration of the DPW license for such group day-care center.
[Added by Ord. 574, 6/8/2015]
§ 27-507 Tattoo Parlors.
Tattoo parlors shall be permitted only by special exception in the Commercial District, subject to the applicable provisions in this Part and the requirements noted below:
1.
It shall be unlawful for any person to engage in operating a tattoo parlor without first obtaining a certificate of registration from the Pennsylvania Department of Health.
2.
The person operating the tattoo parlor shall first obtain a permit from the Borough in accordance with Part 12.
3.
No tattoo parlor use shall be located within 800 feet of another parlor or within 500 feet of any school, church, or recreational area.
4.
The establishment shall be maintained in a sanitary condition at all times. Adequate light and air shall be provided.
5.
The room in which the tattoo procedures are conducted shall have an area of not less than 100 square feet.
6.
Only instruments and equipment that have been properly cleaned and sterilized prior to use shall be used during the process.
7.
Walls, floors, and ceilings shall have an impervious, smooth, and washable surface. Walls and ceilings shall be painted a light color.
8.
The shop shall be arranged so that work tables will be located at least 10 feet from observers or waiting customers or such work table shall be separated from observers or waiting customers by a panel or other barrier at least six feet high.
9.
The establishment shall have a cleaning area. Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit.
§ 27-508 Compatibility Standards for Uses of the Same General Character.
In order to determine if a proposed use is of the same general character as the listed uses, the Zoning Hearing Board shall employ the standards noted below:
1.
Type and volume of sales, retail or wholesale activity, size and type of items sold, and nature of the inventory on the premises.
2.
Extent of processing, assembly, warehousing, shipping, and distribution done on the premises of any dangerous, hazardous, toxic, or explosive materials used in the processing.
3.
The nature and location of storage and outdoor display of merchandise and the predominant items stored.
4.
The type, size, and nature of buildings and structures supporting the use.
5.
The number of employees and customers in relation to business hours and employment shifts.
6.
The business hours the use is in operation or open for business, ranging from seven days a week, 24 hours a day to several times a year.
7.
The transportation requirements for people and freight, by volume, type, and characteristics of traffic generation to and from the site, trip purposes, and whether trip purposes can be shared with other uses on the site.
8.
Parking characteristics, turnover and generation, ratio of the number of spaces required per unit area or activity, and potential for shared parking with other uses.
9.
The tendency for attracting or repelling criminal activities to and from or on the premises.
10.
The amount and nature of nuisances generated on the premises, such as noise, smoke, odor, glare, vibration, radiation, and fumes.
11.
Any special public utility requirements for serving the use, such as water supply, wastewater output, pretreatment of wastes and emissions recommended or required, and any significant power structures and communication towers or facilities.
§ 27-509 Adult Uses.
Adult uses, as defined in Part 2, shall be permitted only by special exception in the Commercial District, subject to the requirements listed below:
1.
No adult use shall be located within 800 feet of another adult use or within 500 feet of any school, church, or recreational area.
2.
There shall be no exterior display of products or activities.
3.
Adult uses shall be housed in a completely enclosed building designed and used in a manner that prevents the viewing of adult material from outside the building.
4.
If located in a detached structure, all adult uses must have fences at least six feet high along all rear and side property lines.