Decisions of the Board shall be made pursuant to standards and criteria expressed in this article, to regulations for the respective districts in which the uses are located and to all other requirements of this chapter. Further, only those uses which are specifically enumerated as special exception uses in the appropriate table for the zone district may be reviewed as to establishment of said use in said zone district.

The Board shall grant an approval for a special exception use only if it finds adequate evidence that the proposed use meets both the general and specific requirements for such use.

When an application for a special exception has been filed with the Zoning Hearing Board and the subject matter of such application would ultimately constitute either a land development or a subdivision as defined in Article III, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed.

Provided, further, that should such an application be approved by the Zoning Hearing Board, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer as may be specifically requested of and approved by the Zoning Hearing Board following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before the Zoning Hearing Board.

If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of the Pennsylvania Municipalities Planning Code (Act 247, as amended), Section 508(1) through (4),[1] and specifically to the time limitations of Section 508(4), which shall commence as of the date of filing such land development or subdivision plan.

The proposed use shall not jeopardize the objectives of the Comprehensive Plan.

Public services and facilities such as streets, sewers, water, police and fire protection shall be adequate for the proposed use.

Existing and future streets and access to the site shall be adequate for emergency services, for avoiding undue congestion and for providing for the safety and convenience of pedestrian and vehicular traffic.

The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the location and size of the site relative to the proposed operation and the nature and intensity of the operation involved.

The relationship of the proposed use to other activities existing or planned in the vicinity shall be harmonious in terms of the character and height of buildings, walls and fences so that the neighboring property is not impaired.

The proposed use shall not be more objectionable in its operations in terms of noise, fumes, vibrations, smoke, fly ash or flashing lights than would be the operations of any permitted use in the district.

Any other reasonable conditions and safeguards, in addition to those expressed in this chapter, may be implemented by the Board if the Board deems it necessary for implementing the purposes of the Pennsylvania Municipalities Planning Code (Act 247, as amended)[2] and this chapter.

Animal hospitals and kennels (E-1, C-1 Districts).

Automobile body shops (C-1, C-2 Districts). No part of any front yard setback shall be utilized for the storage of any motor vehicle(s), in whole or in part, which is inoperable due to any of the following: nonlicensure by the Commonwealth of Pennsylvania Department of Motor Vehicles or similar agency, lack of proper inspection certificates, lack of insurance as required by the commonwealth or nonoperational due to mechanical or structural problems. No open pit or nonprotected hoist will be allowed outside of a completely enclosed structure. Storage of any vehicle or part thereof awaiting repair shall be maintained in any required side or rear yard behind a completely opaque fence and shall be located no nearer than 25 feet from any property line. Drainage from any storage area shall not be directed off site without adequate treatment to ensure that oils, fuels or other potentially contaminated liquids do not to migrate to adjacent property or to public waterways.

Dwellings directly related to certain businesses (C-1 District). Single-family detached dwellings shall be permitted on the same lot as the following business establishments: medical and dental clinics, mortuary and undertaking establishments, nursing and convalescent homes, retail occupying less than 2,000 square feet of the structure and motels, provided that such dwellings are occupied by the owner or manager of such business establishment. Such dwellings shall be designed as living quarters, having adequate natural light and kitchen and bathroom facilities. Such dwellings shall also have private access and the required residence parking spaces in addition to required commercial parking spaces.

Golf courses, golf driving ranges and country clubs (E-1 and C-2 Districts). The minimum size of a tract for a regulation nine-hole course shall be 50 acres, and for a regulation eighteen-hole course, 110 acres. Where the golf course adjoins residential properties along its borders, a line of trees or shrubs at least 20 feet deep shall be planted along the fairways and greens, but no closer than 20 yards behind the greens. Access roads to the course shall meet the requirements for minor roadways as defined in Chapter 305, Subdivision and Land Development. Parking spaces shall be as required by Article VIII. Clubhouses and other golf course structures shall be located at least 100 feet from any property line. Golf driving ranges shall be oriented so that no ball hit shall interfere with traffic on adjacent roadways, and all sides abutting residential uses shall be screened from view by trees or shrubs of a size and density adequate to protect adjacent areas from stray golf shots.

Home occupations (E-1, R-1, R-1A and R-2 Districts).

Lumber mills (I-1 and I-2 Districts). Lumber or saw mills shall be located at least 500 feet from the boundary of the nearest residence. The operation shall consist of the preparation of lumber for market and shall not include display and sales yards. The use shall be on a tract of land of not less than 10 acres.

Mini markets (grocery) with gas pumps (C-1 District). The principal structure, as well as the canopy over gasoline pumps, shall meet all the minimum setback requirements for all yards in the district in which it is located. When the property abuts a property containing a residence, a screen and buffer shall be provided according to the requirements of Article VIII. A parking area accommodating all spaces required by Article VIII shall be provided. Access driveways shall be no more than 25 feet in width at the street line, and in the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets, as measured from the right-of-way line. All lighting of parking areas and access driveways shall be directed away from adjoining property and shall be shielded to prevent upward fugitive light emissions. The developer shall demonstrate that all relevant state and federal regulations pertaining to the storage and sale of gasoline products have been met and that the necessary permits have been obtained.

Mobile home parks (C-2 District). Follow guidelines listed under conditional uses, Article VII.

Model homes (E-1, R-1, R-1A and R-2 Districts).

Natural resource production (I-2 District).

Nurseries and day-care centers for children (E-1, R-1, R-1A, R-2, C-1, C-2 and C-3 Districts). Day nurseries, nursery schools, private kindergartens and day-care centers shall provide outdoor play space complying with the standards of the Pennsylvania Department of Public Welfare for "Child Day-Care Centers Under Social Service Auspices." The outdoor play area shall adjoin the indoor space, be easily accessible and be fenced with a chain-link fence and gate at least three feet in height, which shall be maintained in good condition.

Nursing and convalescent homes (E-1, R-1, R-1A and R-2 Districts). The minimum size of the tract shall be one acre. The tract shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a screening fence six feet in height shall be placed no farther than one foot from the property line, and a landscaped buffer area having a depth of not less than 10 feet shall be provided within the property line. The fence, shrubs and/or buffer shall be maintained in good condition. A parking area accommodating all spaces required by Article VIII shall be located within the buffer area. Access drives shall be no more than 25 feet wide at the street line and, in the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets as measured from the right-of-way line. Proof of licensure from the Pennsylvania Department of Public Welfare shall be provided to the Borough upon request.

Outdoor advertising signs (billboards) (C-2, I-1 and I-2 Districts). Outdoor advertising signs shall be permitted by special exception. No such sign, including its structure or standards, shall be permitted within 100 feet of any residence or within 1,000 feet of another such sign. The advertising surface area of any panel shall not exceed 240 square feet, and not more than two panels (or one double-faced panel) shall be permitted on the same structure or standard. The yard setback requirements of the district in which the sign is to be located shall apply. All other provisions for signs as found in Article VIII shall apply.

Personal care centers (E-1, R-1, R-1A and R-2 Districts). Personal care centers shall be permitted by special exception. The tract shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a landscaped buffer area having a depth of not less than 10 feet shall be provided within the property line. The buffer shall be maintained in good condition. A parking area accommodating all spaces required by Article VIII shall be located within the buffer area. Access drives shall be no more than 25 feet wide at the street line, and, in the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets as measured from the right-of-way line. Proof of application for licensure from the appropriate Pennsylvania department shall be provided to the Borough with the application for zoning approval. A copy of the approved license shall be provided to the Borough with the application for the certificate of zoning compliance.

Places of worship, not including cemeteries (R-1, R-1A, C-1 and C-2 Districts). The property shall be at least one acre in area and front on an arterial or collector street. A parking area shall accommodate all parking spaces as required by off-street parking and loading regulations (See Article VIII.), as well as circulation and access areas. Access driveways shall be no more than 25 feet in width, and, in the case of a corner lot, access driveways shall be at least 60 feet from the right-of-way line. Where the property abuts existing residences on the side or rear property line, a solid wall, a substantial, attractive, tight fence or evergreen hedges a minimum of six feet in height and maintained in good condition shall be provided. The evergreens should be of such height at the time of planting that they will attain a height of six feet within three years. Minimum side and rear yards shall be 50 feet.

Public and parochial schools (E-1, R-1, R-1A, C-1 and C-2 Districts). The size of the school tract shall be at least the minimum prescribed by the Pennsylvania Department of Education. Access to the tract shall be from an arterial or collector street, and access driveways shall be no more than 35 feet in width. In the case of a corner lot, access driveways shall be at least 60 feet from the intersection of the two streets as measured along the right-of-way lines. Loading and unloading areas, parking areas and circulation and access areas shall be provided in accordance with Article VIII.

Public utility buildings, except telephone offices and booths (C-1, C-2, I-1 and I-2 Districts). Such buildings are intended to include telephone exchanges, electric stations and substations and gas, water and sewerage pumping stations, water tanks and reservoirs and sewage treatment plants. The property on which any such activity is located shall conform to the following regulations:

Radio, television or cellular transmission or receiving towers (C-2, I-1 and I-2 Districts). Any radio, television or cellular transmission or receiving tower shall be set back from all tract boundary lines a distance equal to 1.2 times its height, and the base of such tower shall be surrounded by a chain-link fence and locked gate at least six feet high and located at least six feet from the outer edge of the base. The fence and gate shall be maintained in good condition.

Research, engineering and testing laboratories (C-3 District). All structures, equipment and activities of research, engineering and testing laboratories shall comply with all regulations governing such a use by such state agencies as the Pennsylvania Department of Environmental Protection (DEP), the Pennsylvania Department of Transportation (DOT) and the Pennsylvania Department of Labor and Industry (DL&I). Where applicable, federal product and workplace safety regulations will also apply.

Rooming houses and boardinghouses (R-2 and C-1 Districts). The rooming house or boardinghouse shall have no more than four rooms of the residence used for rooming or boarding, with not more than two people per room. The property shall maintain all yard areas for the district in which it is located and shall provide parking spaces as required by Article VIII. In outward appearance, the boardinghouse or rooming house shall be consistent with the character of other residences in the immediate area.

Temporary structures and buildings, including trailers (all districts). The proposed temporary use and the reasons for requesting the use of a temporary structure or building shall be supplied by the applicant for such use. Such structure will only be used for offices and storage directly related to a specific, determinate project. It is the duty of the applicant to prove that the requested location is the only site which is feasible to utilize due to access, topography, infrastructure or other unique characteristics. The Zoning Hearing Board shall make a determination as to the acceptability of this information and shall set a date for the termination of the temporary use one year from the date the special exception was granted. An extension for not more than one additional year shall be considered, provided that the applicant can show compliance with the requirements set initially and a need for the extension to the satisfaction of the Board.