Emsworth City Zoning Code
ARTICLE III
Special Exceptions and Conditional Uses
§ 245-39 Purposes, organization and applicability.
A.
Both a "special exception" and a "conditional use" are permissions granted to an applicant to use land in a zoning district for a purpose or land use that is not permitted outright (i.e., that is not a permitted principal or accessory use) in that district. Special exceptions and conditional uses are utilized by this chapter because merely allowing and not allowing land uses is too narrow for sound planning in some zoning districts. Some land uses fall in between what is consistent and what is not consistent with a district's planned way of life. Furthermore, some uses should be located in a district, but should be very carefully sited or controlled in order to protect the district's overall quality of life. Establishing a special exception/conditional use system for Emsworth that allows such land uses in appropriate zoning districts, subject to location and operation standards that are to protect the quality of life in those districts, is the general purpose of Article III.
B.
A major difference between special exceptions and conditional uses is that the former are granted or denied by the Zoning Hearing Board, while the latter are granted or denied by the Borough Council. Land uses that are allowed as special exceptions generally affect only their particular neighborhoods, while land uses that are allowed as conditional uses may affect the entire Borough, and, thus, should be under the jurisdiction of the Borough's primary elected officials (i.e., the Council). Another major difference between a special exception and conditional use is that a conditional use must be referred to the planning agency for recommendation. The multipage table under Subsection D of § 245-37, Land uses, off-street parking and off-street loading, and other parts of this chapter state which land uses are allowed in which zoning districts as special exceptions, and which land uses are allowed in which zoning districts as conditional uses.[1]
[1]
Note: This chapter currently does not allow any land uses in any districts as conditional uses.
C.
It is important to note that special exceptions and conditional uses are not deviations from this chapter or its purposes listed in § 245-4, General purposes of chapter. These uses are both envisioned by this chapter and, if the location and operation standards prescribed by this article are followed, permitted by this chapter.
D.
The procedure that an applicant is to use in obtaining a special exception or a conditional use is provided in § 245-40, Procedure for obtaining special exception or conditional use. The standards that the Zoning Hearing Board or the Borough Council (as the case may be) is to use in determining whether or not a special exception or conditional use (as the case may be) should be granted to the applicant are provided in § 245-41, Standards for granting special exception or conditional use. This article and its regulations only apply to land uses that are proposed to be established in a zoning district where those uses are allowed only as special exceptions or conditional uses by § 245-37, Land uses, off-street parking and off-street loading, or other parts of this chapter.
§ 245-40 Procedure for obtaining special exception or conditional use.
All applications for special exceptions and conditional uses shall be made according to the following rules:
A.
Who may apply. Any landowner or tenant with the written permission of his or her landowner may apply for a special exception or conditional use.
B.
The land uses that may be permitted through a special exception or a conditional use. The only land uses that may be permitted through a special exception or a conditional use are those that are expressly permitted as special exceptions or conditional uses for the involved zoning district by § 245-37, Land uses, off-street parking and off-street loading, or other parts of this chapter.
C.
Applying to the Zoning Officer. Any one of the aforementioned parties who wishes to establish a land use that is permitted in the involved zoning district as a special exception or a conditional use shall file an application with the Zoning Officer on a form supplied by the Borough. This application shall not be considered complete unless enough information is included on the form to enable the Zoning Hearing Board or the Borough Council (as the case may be) to determine if the proposed land use meets the standards given for that use under § 245-41. Upon receiving a complete application, the Zoning Officer shall forward it to the Zoning Hearing Board if the application is for a special exception, or to Borough Council and Planning Commission if the application is for a conditional use.
D.
The procedure that the Zoning Hearing Board is to use in deciding on a special exception application. The procedure that the Zoning Hearing Board is to use in deciding whether or not to grant a special exception is given in § 245-64, Zoning Hearing Board, Subsection H.
E.
The procedure that Borough Council is to use in deciding on a conditional use application. The procedure that Borough Council is to use in deciding whether or not to grant a conditional use is given in § 245-65, Borough Council, Subsection B(3).
F.
Burdens of proof. In both special exception hearings and conditional use hearings, the burden of proof shall be on the applicant to prove that his or her proposed use meets the standards prescribed for it by § 245-41, Standards for granting special exception or conditional use.
G.
Conditions. In granting a special exception or a conditional use, the Zoning Hearing Board or the Borough Council (as the case may be) may attach reasonable conditions and safeguards (in addition to those prescribed by § 245-41) as it may deem necessary to implement the purposes of this chapter (see § 245-4, General purposes of chapter). Such conditions shall "run with the land," and shall not be tied solely to a particular landowner. If a condition is violated subsequent to the grant of a special exception or a conditional use, it shall be enforced according to the provisions of § 245-19, Enforcement; violations and penalties.
H.
Appealing the decision of the Zoning Hearing Board or the Borough Council. The decision of the Zoning Hearing Board regarding a special exception application, or the decision of the Borough Council regarding a conditional use application may be appealed to the relevant court of common pleas.
I.
Zoning and occupancy permits. Zoning and occupancy permits shall be required for each approved special exception or conditional use. Sections 245-15, Zoning permits, and 245-16, Occupancy permits, explain how and when to get these permits.
§ 245-41 Standards for granting special exception or conditional use.
A.
The purpose and organization of this section. The purpose of this section is to provide standards that the Zoning Hearing Board is to use in deciding whether or not to grant a special exception use, or that the Borough Council is to use in deciding whether or not to grant a conditional use. Each land use or activity that is permitted as a special exception or a conditional use in one or more zoning districts by § 245-37, Land uses, off-street parking and off-street loading, or another part of this chapter is listed in alphabetical order under Subsection B below. Each application made under § 245-40, Procedure for obtaining special exception or conditional use, must meet the standards given under the listing of the involved land use or activity in order to obtain a special exception or a conditional use. Note that both the standards for land uses that this chapter permits as special exceptions and the standards for land uses that this chapter permits as conditional uses are provided in the same list.
B.
The performance standards. The purpose of this section is to provide overall standards which apply to every type of special exception or conditional use as provided for in the table in Subsection D of § 245-37, Land uses, off-street parking and off-street loading. These standards are to be used by the Zoning Hearing Board in deciding whether or not to grant a special exception use, or by the Borough Council in deciding whether or not to grant a conditional use.
(1)
The proposed land use constitutes an appropriate use that is consistent with the character and type of development in the area surrounding the involved lot.
(2)
The proposed land use will not substantially impair, alter, or detract from the value, use, or enjoyment of surrounding properties via fumes, odors, vibrations, glare, electrical interference, radio or television signal interference, voltage fluctuations, smoke, noise, or other noxious, offensive, or hazardous elements.
(3)
The hours of operation of the proposed uses listed below will not disturb the lifestyle of its neighbors by adhering to the following limits to hours of operation:
(a)
Arcades, bars, pool halls, taverns, night clubs, or dance halls will be operated no later than 10:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday.
(b)
Restaurants (sit down, including restaurants with bars) will be operated no later than 10:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday.
(c)
Art gallery museum will be operated no later than 6:00 p.m. Sunday through Thursday and 9:00 p.m. Friday and Saturday.
(4)
The proposed use will not threaten the safety, health, morals, and general welfare of the Borough and its citizens.
(5)
The proposed land use will follow all provisions of this chapter.
(6)
Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-suppression equipment and by such safety devices as are normally recommended by the Board of Fire Underwriters in the handling of any such material.
(7)
No pollution of air by flyash, dust, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other properties.
(8)
Pollution of water shall be subject to the requirements and regulations established regulating agencies.
C.
The specific standards:
(1)
Arcades, bars, pool halls, taverns, night clubs, or dance halls. These may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed land use will not have a gross floor area of more than 2,000 square feet;
(b)
The proposed use will not congest the Borough's streets or highways;
(c)
The proposed use will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(d)
The proposed use will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises;
(e)
The exterior areas of the proposed use will be adequately lighted;
(f)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(2)
Art gallery/museum. An art gallery or art museum may be permitted in the R-3 and C-1 District as a special exception only if:
(a)
The proposed land use will not have a gross floor area of more than 2,000 square feet;
(b)
The proposed bookstore will not congest the Borough's streets or highways;
(c)
The proposed bookstore will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(d)
The proposed bookstore will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises.
(3)
Assembly (light). Light assembly businesses with or without retail operations on premises may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed use will not congest the Borough's streets or highways;
(b)
The proposed use will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(c)
The proposed use will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises;
(d)
The exterior areas of the proposed use will be adequately lighted;
(e)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(4)
Bakery. These may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed land use will not have a gross floor area of more than 2,000 square feet;
(b)
The proposed use will not congest the Borough's streets or highways;
(c)
The proposed use will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(d)
The proposed use will provide for safe automobile access that, where possible, minimizes the total number of access points on the involved street or highway;
(e)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(5)
Beauty parlors and barbershops. These may be permitted in the R-3 District as special exceptions only if:
(a)
The proposed land use will not have a gross floor area of more than 1,500 square feet;
(b)
The proposed use will not congest the Borough's streets or highways;
(c)
The proposed use will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(d)
The proposed use will provide for safe automobile access that, where possible, minimizes the total number of access points on the involved street or highway;
(e)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(6)
Bookstores. A bookstore may be permitted in the R-3 District as a special exception only if:
(a)
The proposed land use will not have a gross floor area of more than 2,000 square feet;
(b)
The proposed bookstore will not congest the Borough's streets or highways;
(c)
The proposed bookstore will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(d)
The proposed bookstore will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises.
(7)
Communications facilities. This chapter is hereby revised and amended to provide for telecommunications facilities as land uses by special exception in the following zoning district: O/C Open Space/Conservation District. Communications facilities shall be subject to the provisions of the Code of Ordinances of the Borough of Emsworth in addition to the specific criteria listed below:
[Added 5-8-2002 by Ord. No. 927[1]]
(a)
The minimum site area required shall be as follows:
[1]
Single tower not exceeding 200 feet in height: one acre.
[2]
Single tower not exceeding 300 feet in height: two acres.
[3]
Tower site proposed initially or cumulatively for two or more towers: five acres.
(b)
Any existing or proposed tower site shall not be located within 2,000 feet of any other existing or proposed tower site, measured from nearest property line to nearest property line.
(c)
Shared use of towers and tower sites shall be encouraged. If shared use of an existing or approved tower site is not proposed, the applicant shall demonstrate that the proposed equipment cannot be accommodated on an existing or approved tower site for the following reasons:
[1]
The proposed equipment would exceed the structural capacity of the existing or approved towers and reinforcement of the existing or approved towers cannot be accomplished at a reasonable cost.
[2]
The proposed equipment will cause RF (radio frequency) interference with other existing or proposed equipment for that tower or that existing or approved tower site and the interference cannot be prevented at a reasonable cost.
[3]
Existing or approved towers or the existing or approved tower site do not have adequate space to accommodate the proposed equipment.
[4]
Addition of the proposed equipment would result in NIER (non-ionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.
[5]
There are other valid reasons that make it impractical to place the proposed equipment on any existing or proposed tower or any existing or approved tower site.
(d)
Shared use shall be conditioned upon the applicant's agreement to pay a reasonable fee and the cost of adapting existing facilities to the proposed use reasonably required to accommodate shared use.
(e)
Communications facilities and their associated structures may exceed the height limitations of the zoning district, provided they shall be set back from any property line or public street right-of-way a minimum distance of 50% of the tower height or greater, if necessary, to guarantee that, in the event of collapse, the structure shall not fall on any adjacent property and all ice-fall or debris from tower failure shall be contained on the tower site.
(f)
No communications facility shall be located within 500 feet of any property line located in any R-1, R-2 or R-3 Zoning District.
(g)
If title to the land on which the communications facility is located is conveyed to the owner of the facility, the land remaining with the principal lot shall continue to comply with the minimum lot area for the zoning district.
(h)
Unless the essential communications facility is located on a building, the tower structure shall be completely enclosed by an eight-foot-high chain link or similar fence with self-latching gate to limit accessibility to the general public, unless the entire property is secured by such a fence.
(i)
All guy wires and all guyed towers shall be dearly marked so as to be visible at all times. All guy wires shall be located a minimum of 25 feet from any property line.
(j)
The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.
(k)
The applicant shall submit certification from a structural engineer that the structural capacity of any existing building or structure on which an antenna is proposed to be mounted is adequate to withstand wind and other loads in accordance with the antenna's location.
(l)
Unless the essential communications facility is located on a building, a soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA 222-E, as amended, shall be submitted to document and verify the design specifications of the foundation for the tower, and anchors for the guy wires, if used.
(m)
An antenna which is proposed to be mounted on an existing building or structure, other than an existing communications tower, shall not exceed the height of the building or structure by more than 20 feet.
(n)
The applicant shall demonstrate that the proposed height of the communications facility antenna is the minimum height necessary to function effectively.
(o)
All antennas and tower structures shall be subject to any applicable Federal Aviation Administration (FAA) and airport zoning regulations.
(p)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications facility.
(q)
No sign or other structure shall be mounted on the tower, except as may be required or approved by the FCC, FAA or other governmental agency.
(r)
No antenna or tower structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC). All required lighting shall be shielded and reflected away from adjoining properties.
(s)
All tower structures shall be fitted with anti-climbing devices as approved by the manufacturers for the type of installation proposed.
(t)
A minimum of two off street parking spaces shall be provided on the tower site, plus one off street parking space for each on-site personnel.
(u)
Existing vegetation on the site shall be preserved to the maximum extent possible.
(v)
The applicant shall design the tower to be as compatible as reasonably possible with the surrounding area, including, where appropriate, disguising the tower to resemble a tree, church steeple, or other structure.
(w)
A minimum twenty-foot easement or right-of-way for access shall be provided to the tower which is adequate to accommodate maintenance and emergency vehicles and which is improved with a dust-free, all-weather surface sufficient to accommodate the weight of vehicles proposed to use the easement or right-of-way subject to approval by the Borough Council persons. The right-of-way or easement shall be maintained by the landowner or lessee.
(x)
In January of each year, the operator shall provide verification to the Borough Zoning Officer that there have been no changes in the operating characteristics of the communications faculty as approved at the time of the application, including at a minimum:
[1]
Direction of the signal;
[2]
Frequency, modulation and class of service;
[3]
Transmission and maximum effective radiated power;
[4]
Manufacturer, type and model of equipment;
[5]
Height of the antenna;
[6]
Name, address and emergency telephone number for the operator;
[7]
Copy of the current FCC license.
(y)
Any addition of an antenna or modification of an existing antenna shall require submission of a new application for approval in accordance with the provisions of this section.
[1]
Editor's Note: This ordinance amended and reenacted the provisions of Ord. No. 898, which originally added this subsection to the prior Zoning Ordinance (Ord. No. 775).
(8)
Convenience store. These may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed land use will follow all provisions of this chapter;
(b)
The proposed land use will not have a gross floor area of more than 3,000 square feet;
(c)
The proposed use will not congest the Borough's streets or highways;
(d)
The proposed use will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(e)
The proposed use will provide for safe automobile access that, where possible, minimizes the total number of access points on the involved street or highway;
(f)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(9)
Fences, walls, retaining walls and other screens that are taller than the height limits set by § 245-47, Fences, walls and other screens. Such fences, walls, retaining walls and other screens may be permitted in any district as a special exception only if:
[Amended 12-13-2006 by Ord. No. 951]
(a)
The proposed fence, wall, retaining wall or other screen will be strong enough both to withstand any wind pressure that may be applied to it under normal storm conditions, and to avoid threatening the health, lives, or property of those around it;
(b)
The proposed fence, wall, retaining wall or other screen will not constitute a fire hazard;
(c)
The proposed fence, wall, retaining wall or other screen will not deny a significant amount of light or air to neighboring properties; and
(d)
The proposed fence, wall, retaining wall or other screen will not impair the sight lines or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area.
(10)
Fences, walls, retaining walls and other screens that exceed the maximum solid to open portion ratio set by § 245-47, Fences, walls and other screens. Such fences, walls, retaining walls and other screens may be permitted in any district as a special exception only if:
[Amended 12-13-2006 by Ord. No. 951]
(a)
The proposed fence, wall, retaining wall or other screen will not deny a significant amount of light or air to neighboring properties;
(b)
The proposed fence, wall, retaining wall or other screen will be strong enough both to withstand any wind pressure that may be applied to it under normal storm conditions, and to avoid threatening the health, lives, or property of those around it; and
(c)
The proposed fence, wall, retaining wall or other screen will not impair the sight lines or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area.
(11)
Fences, walls, retaining walls and other screens that include barbs, thorns, electric wires designed to shock, or other harmful components (see § 245-47, Fences, walls and other screens). Such fences, walls, retaining walls and other screens may be permitted in any district as a special exception only if:
[Amended 12-13-2006 by Ord. No. 951]
(a)
The barbs, thorns, electric wires, or other harmful components are necessary to protect property or the public health;
(b)
The barbs, thorns, electric wires, or other harmful components will be made as attractive as is possible;
(c)
The proposed fence, wall, retaining wall or other screen will be strong enough both to withstand any wind pressure that may be applied to it under normal storm conditions, and to avoid threatening the health, lives, or property of those around it;
(d)
The proposed fence, wall, retaining wall or other screen will not constitute a fire hazard; and
(e)
The proposed fence, wall, retaining wall or other screen will not impair the sight lines or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area.
(12)
Grocery stores and supermarkets. Such stores may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed store will not have a gross floor area of more than 4,000 square feet;
(b)
The proposed store will not congest the Borough's streets or highways;
(c)
The proposed store will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(d)
The proposed store use will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises;
(e)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(13)
Heavy industrial. Heavy industrial, as defined in Article VIII, may be permitted in the LI District as special exceptions only if:
(a)
The proposed land use will not substantially impair, alter, or detract from the value, use, or enjoyment of surrounding properties via fumes, odors, vibrations, glare, electrical interference, radio or television signal interference, voltage fluctuations, smoke, noise, or other noxious, offensive, or hazardous elements because of reasonable distance buffers as defined in Subsection C(13)(b) below, between heavy industrial land uses and less intensive land uses.
(b)
The proposed land use property borders shall maintain a buffer of 500 feet from any residential land uses, 400 feet from any commercial land uses and 700 feet from any park, conservation area, church, school or public gathering place. A buffer of natural vegetation shall also be required on property borders visible from any of the aforementioned land uses or public rights-of-way according to § 245-47, Fences, walls, and other screens, and § 245-49, Required buffers.
(c)
The proposed use will not congest the Borough's streets or highways.
(d)
The proposed use will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area.
(e)
The proposed use will provide for safe automobile access that, where possible, minimizes the total number of access points on the involved street or highway.
(f)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(14)
Off-street loading plans. An off-street loading plan that reduces the number of off-street loading berths required by this chapter for a particular land use may be approved as a special exception in any zoning district only if that plan meets the requirements of § 245-52, Off-street parking and loading plans, Subsection C.
(15)
Off-street parking plans. An off-street parking plan that reduces the number of off-street parking spaces required by this chapter for a particular land use may be approved as a special exception in any zoning district only if that plan meets the requirements of § 245-52, Off-street parking and loading plans, Subsection B.
(16)
Meeting rooms (other than those previously listed in Article II). Such meeting rooms may be permitted in the R-3 and C-1 Districts as special exceptions only if:
(a)
The proposed meeting rooms will not have a gross floor area of more than 3,000 square feet;
(b)
The proposed store constitutes an appropriate use that is consistent with the character and type of development in the area surrounding the involved lot;
(c)
The proposed store will not substantially impair, alter, or detract from the value, use, or enjoyment of surrounding properties via fumes, odors, vibrations, glare, electrical interference, radio or television signal interference, voltage fluctuations, noise, or other noxious, offensive, or hazardous elements;
(d)
The proposed store will not congest the Borough's streets or highways;
(e)
The proposed store will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(f)
The proposed store use will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises;
(g)
The proposed store will not require an uneconomical, inefficient, or illogical extension of public utilities and services;
(h)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(17)
Pharmacies or drug stores. Such stores may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed store will not have a gross floor area of more than 3,000 square feet;
(b)
The proposed store will not congest the Borough's streets or highways;
(c)
The proposed store will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(d)
The proposed store use will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises;
(e)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(18)
Radio and/or television antennas that do not meet the requirements of § 245-48, Radio and/or television antennas, Subsection C. Such devices may be permitted as special exceptions in all zoning districts only if:
(a)
The minimum setbacks from property lines given in § 245-48 do not allow an antenna to be located anywhere on the involved lot at a reasonable cost;
(b)
The restrictions of § 245-48 practically forbid quality reception or transmission on the involved lot;
(c)
The proposed antenna is consistent with the character and type of development in the neighborhood surrounding the involved lot;
(d)
The proposed antenna will not substantially impair, alter, or detract from the value, use, or enjoyment of surrounding properties via vibrations, glare, electrical interference, radio or television signal interference, voltage fluctuations, or other noxious, offensive, or hazardous elements; and
(e)
The proposed antenna will not impair the access, sight lines, or safety of any public roadways or driveways, private roadways or driveways, pedestrian walks, or parking areas.
(19)
Repair shop (common household product such as VCR's, vacuum cleaners, PC's, TV's, etc.). Such repair shops may be permitted in the R-1 and R-2 District as special exceptions only if:
(a)
The proposed repair shop will follow all provisions of this chapter;
(b)
The proposed repair shop will not have a gross floor area of more than 20% of the existing building if an accessory and/or not more than 1,000 square feet;
(c)
The proposed repair shop constitutes an appropriate use that is consistent with the character and type of development in the area surrounding the involved lot;
(d)
The proposed repair shop will not substantially impair, alter, or detract from the value, use, or enjoyment of surrounding properties via fumes, odors, vibrations, glare, electrical interference, radio or television signal interference, voltage fluctuations, smoke, noise, or other noxious, offensive, or hazardous elements;
(e)
The proposed repair shop will not congest the Borough's streets or highways;
(f)
The proposed repair shop will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(g)
The proposed repair shop will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises;
(h)
The exterior areas of the proposed repair shop will be adequately lighted;
(i)
The hours of operation of the proposed repair shop will not disturb the lifestyle of its neighbors;
(j)
Refuse from the proposed repair shop will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(20)
Restaurants ("sit down," including restaurants with bars). Such restaurants may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed restaurant will not have a gross floor area of more than 3,000 square feet;
(b)
The proposed restaurant will not congest the Borough's streets or highways;
(c)
The proposed restaurant will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(d)
The proposed restaurant will provide for safe automobile and truck access that, where possible, minimizes the total number of access points on the involved street or highway and provides ample storage space on driveways for vehicles leaving the premises;
(e)
The exterior areas of the proposed restaurant will be adequately lighted;
(f)
Refuse from the proposed restaurant will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(21)
Self-service storage facilities. These may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed storage facility buildings will not have a combined gross floor area of more than 20,000 square feet;
(b)
A buffer of natural vegetation shall be required on property borders visible from any of the aforementioned land uses or public rights-of-way according to § 245-47, Fences, walls, and other screens, and § 245-49, Required buffers;
(c)
The proposed use will not congest the Borough's streets or highways;
(d)
The proposed use will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(e)
The proposed use will provide for safe automobile access that, where possible, minimizes the total number of access points on the involved street or highway;
(f)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
(22)
Warehouses. Warehouses, as defined in Article VIII, may be permitted in the C-1 District as special exceptions only if:
(a)
The proposed warehouse will not have a gross floor area of more than 20,000 square feet;
(b)
The proposed land use will not substantially impair, alter, or detract from the value, use, or enjoyment of surrounding properties via fumes, odors, vibrations, glare, electrical interference, radio or television signal interference, voltage fluctuations, smoke, noise, or other noxious, offensive, or hazardous elements because of reasonable distance buffers as defined in Subsection C(22)(c) below, between heavy industrial land uses and less intensive land uses;
(c)
A buffer of natural vegetation shall be required on property borders visible from any of the aforementioned land uses or public rights-of-way according to § 245-47, Fences, walls, and other screens, and § 245-49, Required buffers;
(d)
The proposed use will not congest the Borough's streets or highways;
(e)
The proposed use will not impair the access, sight lines, or safety of any public roadway or driveway, private roadway or driveway, pedestrian walk, or parking area;
(f)
The proposed use will provide for safe automobile access that, where possible, minimizes the total number of access points on the involved street or highway;
(g)
Refuse from the proposed use will be stored in a location that is as undetectable as possible from neighboring lots, and will be removed for disposal regularly.
