The Zoning Hearing Board's decision to grant a permit for a special exception shall be made only after public notice and public hearing. Such permit shall apply specifically to the application and plans submitted and presented at said public hearing. Any subsequent amendments or additions shall be subject to review and public hearing by the Zoning Hearing Board as a special exception.

No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Board has first received and considered an advisory report thereon from the Planning Commission with respect to the location of such use in relation to the needs and growth pattern of the Borough of Elizabethtown, where appropriate, with reference to the adequacy of the site area and the arrangement of buildings, driveways, parking areas, off-street loading and unloading spaces, and other pertinent features of the proposal. The Zoning Officer may waive this requirement if it is determined that the use will not have an impact on either current or future uses in the immediate vicinity, or the normal conduct of residential or nonresidential uses.

The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. In the event that the Planning Commission shall fail to file its report within 30 days, such application shall be deemed to have been approved by the Planning Commission. The Planning Commission may have representation at the public hearing held by the Zoning Hearing Board on such application. After receipt of the report, the Zoning Hearing Board shall hear the application in the same manner and under the same procedure as it is empowered by law and ordinance to hear cases and make exceptions to the provisions of this chapter. The Zoning Hearing Board may thereafter direct the Zoning Officer to issue a permit if, in its judgment, the request will not be detrimental to the health, safety and general welfare of the Borough of Elizabethtown.

A special exception use for which a permit is granted by the Zoning Hearing Board pursuant to the provisions of this section shall be construed to be a conforming use.

A special exception use approval is not transferable either to another site or for the next occupant of the structure where the use was granted.

No such use shall be located within 800 linear feet of any primary or secondary school, place of worship, public park, day-care center/child nursery, library, residential district or any site marked as a proposed future park location on the Borough Map.

No such use shall be located within 1,000 linear feet of any existing adult bookstore, adult movie theater, or adult massage establishment.

A forty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines but with plantings of an initial minimum height of six feet unless the use is attached to a building that includes a minimum of 15 other uses.

No obscene or pornographic material or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

The applicant must prove to the satisfaction of the Zoning Hearing Board that such use would not adversely affect the desirable character of the surrounding area, including property values.

No such use shall be used for any purpose that violates any federal, state or Borough law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor has or clearly should have had continuing and/or preknowledge of and allows to occur shall be sufficient reason for the borough to withdraw the permit under this chapter.

No such use shall be allowed in combination with the sale or consumption of alcoholic beverages.

The use shall not include the sale or display of obscene materials. "Obscene materials" shall be as defined by applicable Federal and State law.

These uses are specifically prohibited in all districts except the Commercial District.

Any private viewing booths shall be completely enclosed and limited to one person per booth.

No use may involve live actual or simulated sex acts for exhibition or similar purposes.

Amusement arcades shall be located at least 1,000 feet from school buildings, school playgrounds, church buildings and any other amusement arcade.

The amusement arcade shall be located in a separate room, separated from other uses on the premises and from pedestrian circulation to and from such other uses.

Adequate space shall be provided for each machine so as to allow its use without overcrowding. A minimum width of two feet shall be provided per machine where the machine is designed for use by two players. The depth of the space in front of the machine shall be at least five feet, and there shall be a minimum aisle width beyond this five feet of an additional three feet.

Readily visible signs shall be installed, with their location, size and text shown in plans submitted to the Zoning Officer, stating that the use of machines by persons under 16 years of age shall be prohibited during normal school hours and, where the premises are used primarily for the serving or consumption of alcohol, that the use of video games by persons under the age of 21 is prohibited at all times.

Off-street parking shall be provided in accordance with Part 16 herein.

All repair and paint work shall be performed within an enclosed building with sufficient ventilation equipment so that fumes and/or paint are not evidenced beyond any property line.

Buffer yard/screen plantings shall be provided in accordance with the special yard, lot and screening requirements of this chapter.

Stored and/or repaired vehicles shall remain no longer than 30 days from the date of arrival.

The lot area shall be determined on the basis of building size, yard requirements listed below and parking requirements, but in no case shall the lot area be less than 40,000 square feet.

Lot impervious coverage shall not be greater than that required within the respective district.

The lot width at the front building setback line shall be based on the building size and yard requirements, but in no case shall be less than 100 feet in width.

Each lot shall have yards not less than the following depths or widths:

A buffer yard/screen planting of no less than 10 feet in depth shall be maintained along all property lines and shall be placed in accordance with the special yard, lot and screening requirements of this chapter.

Off-street parking shall be provided in accordance with the provisions of Part 16 herein.

Lot area shall be determined on the basis of type of structure, parking and access requirements and other applicable standards. In any case, a day-care residence shall only be permitted in either a single-family detached, semidetached or attached dwelling.

A minimum of 100 square feet of usable outdoor play space on the premises and 40 square feet of usable indoor space must be provided for each child present at the facility, including resident children.

Outside play shall be limited to the rear yard of such facility and shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

A buffer yard of no less than 10 feet in depth shall be established along rear and side lot lines in accordance with the special yard, lot and screening requirements of this chapter. Said buffer yard shall be provided in addition to required side and rear yards and shall not be included in determining usable outdoor play area.

Operators are responsible for compliance with all Pennsylvania Department of Public Welfare licensing/registration requirements and any other local, State or Federal regulations. The owner shall submit proof of compliance prior to receiving a permit to operate a day-care residence.

Any drive-in window for any use shall have driveway lanes and waiting lanes with capacity for sufficient number of vehicles to ensure that traffic conflicts and hazards are avoided within the site and along the streets adjoining the use.

The drive-through service shall not block or impede in any way a curb, sidewalk or thoroughfare commonly used by the public whether private or public.

The total number and area of the signs for the drive-through service shall not exceed the standards prescribed for the zoning district.

Lighting will only be permitted to meet minimum safety concerns for customers and shall not filter into residential zones.

Adequate parking must be provided for the total maximum number of customers and staff that will use the facility at any one time. Public parking facilities and on street parking shall not be used to meet the total number of required spaces.

Lighting will only be permitted to meet minimum safety concerns for customers and shall not filter into residential zones.

The sole purpose of any health, fitness or exercise center shall be to improve the physical fitness of the customer, i.e., free weights, tread mills, variable resistance equipment, nautilus equipment, aerobics, shower and locker facilities, sauna, steam rooms and the like.

A home occupation shall be carried on completely within the dwelling unit or accessory building.

No more than one home occupation per lot shall be permitted.

No person other than permanent residents of the dwelling unit shall be employed in the home occupation with the exception of part-time, clerical assistance not to exceed 20 hours per week.

Not more than 25% of the floor area of the dwelling unit shall be devoted to a home occupation.

There shall be no exterior display or sign (except as permitted in the regulation of signs in this chapter), no exterior storage of materials, and no other exterior indication of the home occupation or variation of the residential character of the main building. Refer to § 1705(1)(G).

No offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.

A home occupation may include but is not limited to art studios; dressmaking or alterations; barbershop; beauty parlor; teaching, music or dance instruction limited to a single pupil at a time; real estate or insurance office; the professional office of a dentist, physician, lawyer, engineer, planner, accountant, architect; or any other activities of a similar nature.

A home occupation shall under no circumstances be interpreted to include a commercial stable or a kennel, video game/arcade, retail store, weapons sales or repairs, restaurant, funeral parlor or animal hospital.

No expansion of a home occupation, either within the home or to an adjacent property, shall be permitted.

Off-street parking shall be provided in accordance with the provisions of Part 16 herein.

All home occupation uses shall be limited to the owner of the property and immediate family members of the owner, provided that the property remains owner-occupied.

No-impact home occupations shall be permitted as a matter of right in all zoning districts. A no-impact home occupation must meet all of the following criteria:

Lighting will only be permitted to meet minimum safety concerns for customers and shall not filter into residential zones.

Adequate screening in buffer areas shall be provided to shield vehicles from the view of nearby properties and normal pedestrian traffic.

The design of the structure shall give maximum attention to the safety of pedestrians in and around the parking facility.

Ease of vehicular access, including two means of ingress and egress, to and from the facility shall be demonstrated.

All lot setback requirements shall be adhered to for the particular zoning district.

The hours of operation and staffing requirements must be addressed in an effort to provide minimum disruption of adjacent properties and to provide adequate safety for customers.

If the proposed use involves the demolition of a structure(s), the requirements of § 907 shall be followed.

If a communication tower, communication equipment, building or antenna cease being used or are abandoned for a period of one year, the owner, lessor or operator shall dismantle and remove all improvements within six months following notice to do so by Borough Council.

The following criteria apply to all communication antennas and communication antenna sites. Antennas for radio and television shall also comply with the regulations in § 1303.

The annual Elizabethtown Fair held each calendar year:

Any expansion, modification, or additional occurrence of use shall require separate Zoning Hearing Board approval and shall be subject to criteria in effect at the time of application.

The applicant shall produce a report from a structural engineer describing the condition of the building necessitating demolition.

The minimum height for a building replacing a demolished structure shall be 35 feet.

The applicant shall produce, if applicable, official documentation of any effort to sell the building.

The applicant shall provide a plan for proposed disposition of salvageable material(s).

The applicant shall provide photographs of the exterior and interior of the property.

The building shall not be demolished until there is a recorded subdivision or land development plan for the property and any zoning approvals for the proposed new use have been obtained.