Pen Argyl City Zoning Code
ARTICLE VIII
Zoning Hearing Board
§ 108-30 Authority; organization.
[Amended 3-7-2006 by Ord. No. 615, approved 3-7-2006[1]]
A.
General grant of power. The Board shall perform all the duties and have all the powers prescribed by state statutes and as herein provided.
B.
Membership of Board. The membership of the Board shall consist of five residents of Pen Argyl Borough appointed by the Borough Council. Their terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Borough Council of any vacancies which occur. Appointments to fill vacancies during the term shall be only for the unexpired portion of the term. Members of the Board shall hold no elective or appointed office in Pen Argyl Borough nor shall any member be an employee of the Borough.
C.
Organization of Board. The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in § 108-31. The Board may make, alter and rescind rules and forms for its procedures, consistent with ordinances of Pen Argyl Board and laws of the Commonwealth. The Board shall keep full public records of its business and shall submit a written report of its activities to the Borough Council once a year.
D.
Removal of members. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council which appointed the member, taken after the member has received 15 days advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
E.
Expenditures for services. Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council.
[1]
Editor's Note: Section 2 of this ordinance provided as follows:
"A. It is hereby provided that upon enactment of this ordinance, Borough Council may select two additional members of the Zoning Hearing Board. One shall be appointed for a term to expire December 31, 2009, and the second shall be selected for a term to expire December 31, 2010. The existing three members of the Board shall remain in office until their current three-year terms expire.
B. Each member appointed to fill a term expiring after the terms of office referred to paragraph A above shall be appointed for a five-year term."
§ 108-31 Hearings.
The Board shall conduct hearings and make decisions in accordance with the following requirements:
A.
Public and written notice shall be given to the applicant, the Zoning Officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as prescribed by § 108-8H.
B.
The hearings shall be conducted by the Board or the Board may appoint any member as a Hearing Officer. The decision or, where no decision is called for, the findings shall be made by the Board, but the parties may waive decision or findings by the Board and accept the decision or findings of the Hearing Officer as final.
C.
The parties to the hearing shall be the Borough, any person affected by the application who has made timely appearance of record before the Board and any other person, including civic or community organizations permitted to appear by the Board. Also, the procedures outlined in the Pennsylvania Municipalities Planning Code Section 908(3),[2] as amended, shall be followed when determining parties to the hearing.
[2]
Editor's Note: See 53 P.S. § 10908.
D.
The Chairman or Acting Chairman of the Board or the Hearing Officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties. All parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
E.
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
G.
The Board or the Hearing Officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda or other materials, except advice from their Solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
H.
The Board or the Hearing Officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or Hearing Officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this act or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a Hearing Officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days, and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the Hearing Officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection A. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
I.
A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.
§ 108-32 Jurisdiction.
The Zoning Hearing Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
B.
Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance.
C.
Appeals from the determination of the Zoning Officer, including but not limited to the granting or denial of any permit or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.
D.
Appeals from a determination by the Borough Engineer or the Zoning Officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance.
E.
Applications for variances from the terms of the Zoning Ordinance and Flood Hazard Ordinance or such provisions within a land use ordinance, pursuant to § 108-37.
G.
Appeals from the determination of the Zoning Officer or Borough Engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and stormwater management insofar as the same relate to development not involving subdivision and land development applications.
§ 108-33 Parties appellant before Board.
Appeals under § 108-32A, B, C, D and G may be filed with the Board, in writing, by the landowner affected, any officer or agency of the Borough or any person aggrieved. Requests for a variance under § 108-37 and for special exception under § 108-36 may be filed with the Board by any landowner or any tenant with the permission of such landowner.
§ 108-34 Time limitations.
The time limitations for raising certain issues and filing certain proceedings with the Board shall be the following:
A.
No issue of alleged defect in the process of enactment of any ordinance or map or any amendment thereto shall be raised in any proceeding filed with the Board later than 30 days from the time such ordinance, map or amendment takes effect unless the person raising such issue alleges and proves that he failed to receive adequate notice of the enactment or amendment. If such person has succeeded to his interest after the enactment of the ordinances, adequate notice to his predecessor in interest shall be deemed adequate notice to him.
B.
No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Borough officer, agency or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he failed to receive adequate notice of such approval. If such person has succeeded to his interest after such approval, adequate notice to his predecessor in interest shall be deemed adequate notice to him.
§ 108-35 Stay of proceedings.
Upon filing of any proceeding referred to in § 108-33 and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the Zoning Officer or of any agency or body and all official action thereunder shall be stayed unless the Zoning Officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals on petition after notice to the Zoning Officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court.
§ 108-36 Special exception uses.
A.
Grant of power. In addition to and apart from the power to grant or recommend variances pursuant to § 108-37, the Zoning Hearing Board shall also have original jurisdiction and power, after advisory report by the Planning Commission, to grant a permit for a special exception use on a particular site, without a finding of practical difficulties or unnecessary hardship, but subject to the guiding principles, standards, conditions and safeguards contained in Subsections B and C to the extent applicable and in the manner provided by law. In granting a special exception, the Board may attach such reasonable conditions and safeguards in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this Zoning Ordinance.
B.
Guiding principles for standards.
(1)
Such use shall be one which is specifically authorized as a special exception use in the district within such particular site is located.
(2)
For every special exception use, the Board shall make a special finding, after a public hearing in the manner provided by law, that such use will not be prejudicial to the character of the neighborhood.
(3)
For every special exception use, the Board shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of the street lines at a street intersection.
(4)
For every special exception use, the Board shall determine that there are fully adequate parking areas and off-street truck-loading spaces, in conformity with this chapter and all other pertinent ordinances, for the anticipated number of occupants, employees and patrons, and that the layout of the parking spaces, truck-loading berths and interior driveways is convenient and conducive to safe operation.
(5)
For every special exception use, the Board may require a protective planting strip not less than 10 feet nor more than 30 feet in width, situated within any required side or rear yard, designed and laid out with suitable evergreen plant material which will be planted at a minimum height of four feet and will attain and shall be maintained at a height of not less than eight feet, so as to provide an effective natural screen between the nonresidential and residential districts or uses. A planting plan specifying type, size and location of existing and proposed plant material shall be required.
(6)
For every special exception use where the installation of outdoor flood- or spotlighting is intended, the Board shall determine that such lighting will not shine directly upon any abutting property nor upon the street. No unshielded lights shall be permitted.
(7)
For every special exception use, the Board shall determine that adequate provisions will be made for collection and disposal of stormwater runoff from the site.
C.
Standards relevant to individual uses. These standards are applicable to the individual uses listed in Articles V and VI. These standards are to be applied in addition to those set in Subsection B.
(1)
Adult bookstores, adult movie picture theaters and cabarets.
(a)
No use shall be located within 1,000 linear feet (as measured along road frontage) of an existing adult use.
(b)
No lot used for these purposes shall be located adjacent to or directly across a public street from an existing dwelling, public park, school, church or other place of worship or library.
(c)
No material depicting specified sexual activities or specified anatomical areas shall be visible from locations other than inside the establishment.
(d)
The use shall not include the sale or display of obscene materials as defined by state law.
(e)
The uses are specifically prohibited in all districts except where specifically permitted in Article VI.
(f)
No use may include live, actual or simulated sex acts or any sexual contact between entertainers and customers.
(g)
Any application for such use shall state the names and home addresses of all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use and an on-site manager responsible to ensure compliance with this chapter on a daily basis. Any changes to such information shall be updated at the beginning of each year, in writing, to the Zoning Officer.
(h)
For public health reasons, private or semiprivate viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers. No room of any kind accessible to customers shall include less than 150 square feet.
(2)
Bed-and-breakfast.
[Added 12-14-2000 by Ord. No. 559, approved 12-14-2000[1]]
(a)
No more than three rental units shall be provided and no more than two adults and two children may occupy one guest unit; each rental unit shall be no less than 250 square feet.
(b)
One off-street parking space shall be provided for each guest unit.
(c)
At least one bathroom shall be provided for use by each rental unit.
(d)
There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single sign no larger than two square feet in size constructed and placed in accordance with § 108-27.
(e)
No external alterations or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.
(f)
The use shall be carried on by members of the immediate family, who must reside on the premises. Failure of owner to continue to reside on the premises shall terminate any special exception granted under this section.
(g)
There shall be no separate kitchen or cooking facilities in any guest unit. Food served to guests on the premises shall be limited to breakfast only, and be prepared and served by the owners or immediate family.
(h)
The maximum total length of stay at a bed-and-breakfast shall be 14 days within a three-month period.
(i)
The use of any amenities provided by the bed-and-breakfast, such as swimming pool or tennis court, shall be restricted in use to the guests of the establishment and shall be screened from the roadway and adjoining properties by fencing of natural vegetation.
(j)
The use may not be established until there is compliance with all rules, regulations and statutes pertaining to, but not limited to, health, firesafety, use and occupancy, plumbing, electricity and building safety.
(k)
The lot area shall be at least 1,000 square feet per rental unit plus the minimum for the zoning district.
(l)
Each bed-and-breakfast use and rental units shall be subject to an annual use and occupancy inspection by the Zoning Officer.
(m)
Guests shall not be accommodated on nights that the owner is not on the premises.
(n)
The Borough may revoke a permit for a bed-and-breakfast use if the Borough determines that such establishment constitutes a danger to guests or creates a nuisance to adjoining landowners because of noise or lack of proper sanitation or inadequate sewage facilities.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsections C(2) through (25) as C(3) through (26), respectively.
(3)
Bus passenger station; taxi station.
(a)
Adequate street area for the loading, unloading and stacking of the buses or taxis shall be available. The traffic movements necessary for the operation of the facility shall be arranged so as not to promote traffic congestion and to maintain traffic safety.
(b)
The facility shall not be used for the storage of vehicles.
(4)
Car wash.
(a)
On-lot traffic circulation channels and parking areas shall be clearly marked.
(b)
Adequate provisions shall be made for the proper and convenient disposal of refuse. For a truck wash, the applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways.
(c)
Water used in the operation shall be collected and recycled and shall not flow into any storm sewers or waterways or the groundwater outside of an on-lot septic system.
(d)
Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.
(e)
Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
(f)
Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.
(5)
Commercial communications towers or antennas.
(a)
A commercial communication tower or antenna, attached to the ground, shall be set back a minimum distance equal to its height from property lot lines and existing street right-of-way lines.
(b)
The base of a commercial communication tower or antenna shall be surrounded by a secure fence with a minimum height of eight feet.
(c)
The following landscaping shall be required to screen the fence surrounding the tower or antenna and any other ground level features such as a building. Any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping may be permitted, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
[1]
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
[2]
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
(d)
For any commercial communications tower or antenna higher than 50 feet, the applicant shall provide certification from a registered professional engineer stating that the commercial communications tower or antenna meets the wind-resistance requirements stated in the latest version of the BOCA National Building Code.
(e)
Federal Aviation Administration (FAA).
[1]
Documentation of FAA approval for commercial communication towers or antennas 200 feet in height or greater shall be provided. Commercial communication towers or antennas less than 200 feet in height shall meet the requirements of 14 CFR 77.13(a), as amended.
[2]
No commercial communications tower or antenna shall be artificially lighted except when required and approved by the FAA.
(f)
The applicant for a proposed commercial communications tower or antenna, located within a five-mile radius of an existing airport, shall notify the airport of its intent to place such structure(s).
(g)
A commercial communications tower or antenna necessary for and clearly primarily used for emergency communications by a Police Department, fire company or emergency medical service is exempt from these requirements.
(i)
Documentation of need.
[1]
The commercial communications company shall demonstrate, using technological evidence, that the tower or antenna must go where it is proposed in order to satisfy its function pursuant to the company's technological requirements.
[2]
Prior to proposing the construction of a new commercial communications tower, the applicant shall demonstrate that he/she has made a reasonable effort to site the antenna on an existing structure within close proximity of the chosen site.
(6)
Community or neighborhood center complex. No outdoor recreation area shall be located closer to any lot lines than the required minimum front yard depth.
(8)
Conversion of existing buildings into apartments.
(b)
Each apartment must provide complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, washing, cooking and sanitation.
(c)
Ingress-egress. Exitways shall provide safe and continuous means of egress to a street or to open space with direct access to a street. Each apartment shall be provided with direct and continuous access to such an exitway. All required exitways shall be so located as to be discernable and accessible without obstruction and so arranged to lead directly to the street or to an area of safety with supplemental means of egress that will not be obstructed or impaired by fire, smoke or other cause.
(d)
Conversions shall conform to the provisions of the Fire and Panic Law as administered by the Pennsylvania Department of Labor and Industry.
(f)
A minimum lot area of 3,600 square feet shall be provided per dwelling unit.
(g)
Any conversion of an existing single-family detached dwelling into apartments shall maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure or the apartments may share the single front entrance.
(9)
Filling station; public garage.
(a)
All refuse shall be stored within an enclosed area. All parts and inoperable vehicles shall be stored in an enclosed structure.
(b)
The gasoline pumps shall be arranged so that sufficient area exists for expected lines of vehicles awaiting fueling within the property line.
(c)
In no case may the gasoline pump be located within 25 feet of any property line.
(d)
When the rental of equipment such as automobiles, trucks and trailers is to be conducted, an additional 1,000 square feet of lot area shall be provided for each five automobiles and trailers and 1,000 square feet for each four trucks.
(e)
Ancillary businesses such as car washes and convenience markets must provide sufficient parking and a clear, safe access arrangement.
(f)
All exterior lighting shall be directed away from residential properties.
(g)
All painting and repair work shall be performed in an enclosed building.
(h)
All parts, inoperative and dismantled vehicles shall be screened or enclosed so as not to be visible outside the property.
(10)
Fire or police station; library; municipal building. The facility shall have safe and convenient access toward a collector or arterial road and be well-located in serving the Borough.
(11)
Group-care facility.
(a)
The applicant shall demonstrate that the site is convenient to those support facilities that are essential to the functioning of the specific facility. These support facilities may include, but are not limited to, transportation, medical care, educational facilities, recreation facilities, social services and training facilities.
(b)
The facility shall have obtained any and all licenses and permits required by the federal, state, county or local government which may be relevant to the particular type of facility.
(c)
A minimum floor area of 900 square feet shall be provided for all group-care facilities serving up to six persons. A minimum floor area of 900 square feet plus 110 square feet for every resident in excess of six shall be provided.
(d)
The facility shall not provide medical, counseling or other service to persons who do not reside at the facility.
(e)
The group-care facilities shall have twenty-four-hour-per-day supervision of the residents by people qualified by training and experience in the field for which the group-care facility is intended.
(12)
Home occupation; home professional office. The use shall meet the criteria set forth in the definition in § 108-8.
(13)
Hospital.
(a)
A hospital shall be served by at least two driveways with a minimum width of 20 feet. One of these driveways shall access onto an arterial or collector street.
(b)
The hospital shall not primarily include housing or treatment of the criminally insane or persons actually serving an official sentence after conviction of a felony.
(15)
Limousine service base. The limousine service shall have a current license from the Pennsylvania Public Utility Commission.
(16)
Membership club.
(a)
The membership club shall serve a purely social, athletic or community service purpose.
(b)
It shall be operated on a membership basis and not conducted as a business.
(c)
The nature of such membership club shall not cause or create a nuisance to adjoining properties or to its general neighborhood.
(17)
Miniature golf course, bowling lanes and other similar commercial recreation establishments.
(a)
The noise generated from the area or use as measured at the property line shall not increase the noise level customarily present in the immediate area.
(b)
Buildings shall conform to the provisions of the Fire and Panic Law as administered by the Pennsylvania Department of Labor and Industry.
(c)
Adequate provisions shall be made for the collection and disposal of rubbish and trash.
(18)
Mobile home park.
(a)
There shall be a minimum distance of 25 feet between an individual mobile home, including accessory structures attached thereto, and the pavement of any mobile home park street, except that when the street serves less than 10 mobile homes, a minimum distance of 10 feet shall apply.
(b)
Mobile homes shall be separated from each other and from other buildings and structures by a minimum distance of 25 feet.
(c)
Streets shall have a minimum road pavement width of 36 feet where parking is permitted on both sides, or a minimum road pavement width of 28 feet where parking is limited to one side. Where parking is prohibited on both sides, the minimum pavement shall be 20 feet. The above-listed street width may be reduced by two feet if an adjacent sidewalk is provided. A street serving less than 10 mobile homes shall have a minimum width of 18 feet, provided that on-street parking is prohibited.
(e)
Mobile home parks shall be connected to community water supply and public sewage disposal systems.
(f)
The density shall not exceed six mobile homes per acre.
(g)
At least 20% of the usable site area of the mobile home park must be in common open space. The "usable site area" is that area which is free of water surfaces, severe high water table, quarries or slopes over 20%.
(h)
Whenever possible, the common open space shall be designed as a contiguous area with pedestrian and visual accessibility to all residents of the mobile home park.
(i)
Recreation areas and facilities shall be provided to meet the anticipated needs of the residents of the park. Not less than 10% of the usable site area shall be devoted to recreation. Recreation areas shall be of a size, shape and relief that is conducive to active play.
(21)
Outdoor storage of automobiles or machinery for sale.
(22)
Plants for processing and storage of agricultural products. Cooling/refrigeration units shall be located so as to minimize the noise impact upon abutting residential uses or residential zoning districts.
(23)
Private or public schools.
(a)
Applications for public schools shall include a letter from the Pennsylvania Department of Education stating that the requirements of the Department relating to siting have been met.
(b)
Private noncommercial schools shall meet all requirements of the Pennsylvania Department of Education which pertain to the site, location and siting of such schools.
(24)
Public utility building, structure or facility.
(a)
The use shall not include a storage yard, garage or repair shop.
(b)
Requested installation of high-tension electric transmission lines shall be studied with respect to its impact on the community and that it will not produce a damaging effect on surrounding properties nor be detrimental to the public safety.
(c)
No installation of a transformer station shall be made in a residential district if adequate service can be provided by locating said transformer station in a business or industrial district. Any transformer station located in a residential district shall provide a protective planting strip of suitable evergreen plant material adjacent to its front, side and rear lot lines. Such planting strip shall be not less than six feet wide and shall be maintained at a height of not less than six feet.
(26)
Terminal, storage or transfer facilities for trucking, bussing or railroad facilities.
(a)
All areas used for vehicle storage, loading or maneuvering shall be paved.
(b)
The parking area shall be arranged so that all internal traffic movements can be made without entering the public right-of-way.
(c)
All repair operations shall be conducted within enclosed buildings.
(d)
All storage shall be within enclosed structures.
D.
Procedure.
(1)
Application for a permit authorizing a special exception use shall be made directly to the Secretary of the Zoning Hearing Board in the form required by the Board.
(2)
The Board's decision to grant a permit for a special exception use shall be made only after public notification and hearing pursuant to the requirements of § 108-31. Said 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 use.
(3)
No application for a permit shall be granted by the Zoning Hearing Board for any special exception use until said Zoning Hearing 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 and, where appropriate, with reference to the adequacy of the site area and the arrangements of buildings, driveways, parking areas, off-street truck loading spaces and other pertinent features of the site plan. 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 fails 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.
(4)
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.
§ 108-36.1 Conditional uses.
[Added 6-1-2004 by Ord. No. 598, approved 6-1-2004]
A.
Conditional use process.
(1)
Purpose. The conditional use approval process is designed to allow Borough Council the opportunity to review and render a decision upon certain activities and uses that could have a significant impact upon the Borough.
(2)
Procedure. Applications for conditional use approvals shall meet all requirements in the sections of this chapter which authorize such conditional use. The Borough Council shall consider the conditional use application and site plan and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Consideration of conditional use application. When a conditional use is provided for in this chapter, the Borough Council shall hear and decide requests for such conditional uses in accordance with the applicable standards and criteria for the use and the standards of Subsections B and C, which are hereby included by reference. The Borough Council may grant approval of a conditional use, provided that the applicant complies with all of the applicable standards and criteria. The burden of proof shall rest with the applicant.
(4)
Conditions. The Borough Council, in approving conditional use applications, may attach conditions considered necessary to protect the public welfare and the purposes listed above, including conditions which are more restrictive than those established for other uses in the same district. These conditions shall be enforceable by the Zoning Officer, and failure to comply with such conditions shall constitute a violation of this chapter and be subject to the penalties described in this chapter.
(5)
Site plan. Before a zoning permit is granted for any use listed as a conditional use in this chapter, a site plan shall be prepared and submitted by the applicant for review by the Borough Planning Commission and Borough Council. The Planning Commission shall review the site plan and prepare an advisory report with respect to the location of such use in relation to the needs and growth pattern of the Borough and, where appropriate, with reference to the adequacy of the site area and the arrangements of buildings, driveways, parking areas, off-street truck loading spaces, and other pertinent features of the site plan. The Planning Commission shall have 30 days from the date of its receipt of the application within which to file its report thereon. The applicant shall submit 15 sets of site plans with the following information:
(a)
A statement describing the proposed use.
(b)
A site layout drawn to a scale of not less than one inch equals 50 feet, showing the location, dimensions, and area of each lot, the location, dimensions and height of proposed buildings, structures, streets, and any existing buildings in relation to property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.
(c)
The location, dimensions (numbers shown), and arrangements of all open spaces and yards, landscaping, fences, and buffer yards, including methods and materials to be employed for screening.
(d)
The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading, and provisions to be made for lighting such areas. The method of calculation of off-street parking shall be shown on the plan based on the requirements of § 108-26 of this chapter.
(e)
The dimensions (numbers shown), location, and methods of illumination for signs and exterior lighting.
(f)
The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.
(g)
Provisions to be made for treatment and disposal of sewage and industrial wastes and water supply.
(h)
The capacity and arrangement of all buildings used or intended to be used for dwelling purposes, including the proposed density in terms of number of dwelling units per acre of land.
(i)
A description of any proposed industrial or commercial operations in sufficient detail to indicate effects of those operations in producing noise, glare, air pollution, water pollution, fire hazards, traffic congestion or other safety hazards.
(j)
Description of methods to be employed in controlling any excess noise, air pollution, smoke, fumes, water pollution, fire hazards or other safety hazards.
(k)
Site contours at two-foot intervals and site benchmarks.
(l)
All proposed site grading and drainage provisions and proposals.
(m)
A key map showing the entire project and its relation to surrounding properties and existing buildings thereon.
(n)
Zoning districts and requirements.
(o)
Soils, slopes, floodplain delineations, wetlands delineations, quarries and water bodies.
(p)
Certification by the person who prepared the site plan.
(q)
Certification of ownership and acknowledgment of plan signed by owner or developer.
B.
Guiding principles and standards for all conditional uses.
(1)
Such use shall be one which is specifically authorized as a conditional use in the district within which such particular site is located.
(2)
For every use, the Borough Council shall make a special finding, after a public hearing in the manner provided by law, that such use will not be prejudicial to the character of the neighborhood or community.
(3)
For every conditional use, the Borough Council shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of the street lines at a street intersection.
(4)
For every conditional use, the Borough Council shall determine that there are fully adequate parking areas and off-street truck loading spaces, in conformity with this chapter and all other pertinent ordinances, for the anticipated number of occupants, employees and patrons, and that the layout of the parking spaces, truck loading berths, and interior driveways is convenient and conducive to safe operation.
(5)
For every conditional use, the Borough Council may require a protective planting strip not less than 10 feet nor more than 30 feet in width, situated within any required side or rear yard or required buffer yard, designed and laid out with suitable evergreen plant material which will be planted at a minimum height of four feet, and will attain and shall be maintained at a height of not less than eight feet, so as to provide an effective natural screen between the nonresidential and residential districts or uses. A planting plan specifying type, size, and location of existing and proposed plant material shall be required.
(6)
For every conditional use where the installation of outdoor flood- or spot-lighting is intended, the Borough Council shall determine that such lighting will not shine directly upon any abutting property, nor upon the street. No unshielded lights shall be permitted.
(7)
For every conditional use, the Borough Council shall determine that adequate provisions will be made for collection and disposal of stormwater runoff from the site.
C.
Standards relevant to individual conditional uses. These standards are applicable to the individual uses listed in Articles V and VI. These standards are in addition to those set in Subsection B.
(1)
Bulk recycling center.
(a)
The site shall contain at least three acres for any facility with a capacity to treat up to 300 tons of solid waste per day. The size of the site shall be increased by two additional acres of land for each additional capacity of 100 tons per day, or fraction thereof
(b)
All loading and unloading of materials shall only occur within an enclosed building, and over an impervious surface drains to a holding tank that is then adequately treated.
(c)
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles.
(d)
The applicant shall prove to the satisfaction of the Borough Council that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residentially zoned areas.
(e)
A chainlink or other approved fence with a minimum height of eight feet shall surround the active recycling area to prevent the scattering of litter and to keep out children, unless the applicant proves that this is unnecessary. Earth berms, evergreen screening and/or shade trees, as needed, shall be used to prevent the recycling center from being visible from arterial streets or dwellings.
(f)
Burning or incineration of materials is prohibited. Measures and procedures to prevent and minimize fire hazards shall be established and practiced at the site or facility. A report describing these procedures shall be provided to the Borough.
(g)
Each facility shall be operated and maintained in such a manner as to minimize health hazards, odors, dust, noise, environmental degradation, unsightliness, the attraction, harborage or breeding of insects, rodents or vectors and to eliminate conditions which create safety hazards or impose an undue burden upon the Borough or its municipal services infrastructure.
(h)
The operation and day-to-day maintenance of the facility shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also he considered to be violations of this chapter.
(i)
The facility shall comply with the environmental protection provisions and other applicable provisions of this chapter.
(j)
The applicant shall provide sufficient information for the Borough to determine that the requirements of this chapter will be met.
(k)
The hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.
(l)
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.
(m)
Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored or processed. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with contagious diseases.
(3)
Other nonnuisance industries not listed as permitted or special exception uses. The application shall demonstrate that the use does not cause or create detrimental effects on the environment by reason of the emission of odor, dust, smoke, noise, vibration or excessive light beyond the limits of its lot and that the use complies with all the environmental protection provisions under § 108-29.
(5)
Recycling collection center.
(a)
This use shall not be bound by the requirements of a solid waste disposal facility.
(b)
All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.
(c)
Adequate provision shall be made for movement of trucks if needed and for off-street parking.
(d)
A twenty-foot-wide buffer yard with a protective planting strip as described in Subsection B(5) shall be provided.
(e)
This use may be a principal or accessory use, including being an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Borough owned use, subject to the limitations of this section.
(f)
Materials to be collected shall be of the same character as the following materials: paper, fabric, cardboard, plastic, metal, aluminum and glass. No garbage shall be stored as part of the use, except for that generated on-site and that accidentally collected with the recyclables. Only materials clearly being actively collected for recycling may be stored on-site. Used tires shall not be stored on-site.
(g)
The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work. No burning or landfilling shall occur. No mechanical operations shall routinely occur at the site other than operations such as baling of cardboard.
(h)
The use shall not include the collection or processing of pieces of metal that have a weight greater than 50 pounds, except within an industrial district.
(i)
The use shall include the storage of a maximum of 50 tons of materials on the site if the use is within 500 feet of an existing dwelling.
(6)
Solid waste disposal facility.
(a)
All solid waste storage, disposal or burning shall be at least 300 feet from the following: public street right-of-way, exterior lot line, one-hundred-year floodplain, edge of a surface water body (including a water-filled quarry) or wetland of more than two acres in area.
(b)
A minimum total lot area of 50 acres is required for any solid waste disposal facility, except a solid-waste-to-energy facility shall have a minimum lot area of 10 acres for the first 250 tons per day capacity to treat or dispose of waste plus two acres for each additional 100 tons per day of capacity.
(c)
All areas to be used for the storage, disposal or burning of solid waste shall be a minimum of 600 feet from any residential district or park/recreation area or any existing dwelling that the applicant does not have an agreement to purchase or the banks of any perennial creek or river.
(d)
The use shall be served by a minimum of two paved access roads, each with a minimum cartway width of 24 feet. One of these roads may be restricted to use by emergency vehicles. Entrances and exits to the facility shall be mud-free surface separated and clearly designated to avoid confusion. The Borough may require that the applicant provide financial security to compensate the Borough from damage to public streets as a result of truck traffic or blasting.
(e)
The applicant shall prove to the satisfaction of the Borough Council that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trash hauling trucks through or alongside existing residentially zoned areas.
(f)
The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Borough. Violations of this condition shall also be considered to be violations of this chapter.
(g)
Open dumps and open burning of refuse are prohibited. Any burning shall only take place as part of an approved solid-waste-to-energy facility. Measures and procedures to prevent and minimize fire hazards shall be established and practiced at the site or facility. A report describing these procedures shall be provided to the Borough.
(h)
A chainlink or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves that this is unnecessary. Earth berms, evergreen screening and/or shade trees, as needed, shall be used to prevent landfill operations from being visible from arterial streets or dwellings.
(i)
Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.
(j)
Attendant. An attendant shall be present during all periods of operation or dumping.
(k)
Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.
(l)
Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.
(m)
The hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.
(n)
Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks. Litter shall be collected daily from fences, roadways, tree line borders and other barriers.
(o)
Each facility shall be operated and maintained in such a manner as to minimize health hazards, odors, dust, noise, environmental degradation, unsightliness, the attraction, harborage or breeding of insects, rodents, or vectors, and to eliminate conditions which create safety hazards or impose an undue burden upon the Borough or its municipal services infrastructure.
(p)
Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with contagious diseases.
(q)
An overall phasing plan of the entire area of the facility shall be submitted, and a phased approach shall be required to minimize impacts. The Borough Council, after review at the site and phasing plans and other required information, may establish a maximum size for each phase. Prior to starting work in each new phase, the level of past performance may be a basis for limiting work in other phases.
(r)
The amount of waste disposal at the landfill shall not exceed an average of 500 tons per day over any calendar month; the maximum amount of waste per any given day shall not exceed 600 tons per day.
(s)
Topographic cross sections, drawn at various locations across the landfill, shall be submitted showing the future, final height of the proposed landfill. To the extent not preempted by the PA Department of Environmental Protection, the Borough may require height limitations to protect scenic features and to achieve land use compatibility.
(t)
A truck wash shall be required at the facility to minimize mud and dirt on the roads.
(u)
A double liner system shall be required within the disposal area of any landfill.
(v)
Accessory uses and accessory structures, including monitoring wells, pump houses and truck washes, may be located in the setback area while a landfill is in operation.
(w)
Any incinerator ash to be disposed of in the landfill shall first be tested for hazardous materials and substances. Any ash found to be hazardous shall be rejected and shall not be disposed of at the facility.
(x)
Any incinerator ash shall be disposed of in a safe manner in accordance with the regulations of the PA Department of Environmental Protection.
(y)
The applicant shall provide sufficient information for the Borough to determine that the requirements of this chapter will be met.
(z)
State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Borough and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Borough regulation in a particular aspect. The applicant shall provide the Zoning Officer with a copy of all written materials and plans that are submitted to PA DEP at the same time as they are submitted to DEP.
(aa)
The operator shall enter into an agreement with the Borough specifying the types and frequencies of environmental monitoring that will be put into place while a solid waste-to-energy or sanitary landfill is underway and for a minimum of three years after any landfill is closed.
(bb)
The operator shall cooperate with and involve the Borough in the environmental monitoring of the landfill. To assist in this monitoring, the Borough shall appoint a local inspector. The inspector shall be trained and certified by the PA Department of Environmental Protection (DEP), if such training and certification is available from the DEP. If training is not available from DEP, training may be obtained from private entities. Municipal inspectors shall be authorized to enter property, inspect only those records required by DEP, take samples and conduct inspections. The municipal inspector has the right to halt operations of the facility if the inspector determines that there is an immediate threat to health and safety.
(cc)
The Borough shall have the right to perform independent water and other environmental tests around the landfill.
(dd)
The Borough Council may reject a proposed solid waste disposal facility if there is evidence that the County has officially established a comprehensive system for meeting the county's solid waste disposal needs that would not require use of a solid waste disposal facility at the proposed location.
(7)
Terminal storage or transfer facilities for trucking (including motor freight terminal) busing or railroad facilities, and solid waste transfer facilities.
(a)
All areas used for vehicle storage, loading or maneuvering shall be paved.
(b)
The parking area shall be arranged so that all internal traffic movements can be made without entering the public right-of-way.
(c)
All repair operations shall be conducted within enclosed buildings.
(d)
All storage shall be within enclosed structures.
(e)
There shall be a ten-acre minimum lot size for motor freight terminals containing up to five truck bays, plus an additional one acre for every five truck bays or fraction thereof. Other facilities shall have a five-acre minimum lot size.
(f)
A twenty-foot buffer yard with a protective planting screen as described in Subsection B(5) shall be provided.
(g)
The use shall be on a lot abutting an arterial or collector street (as defined by the Borough's Street Classification Map), and the applicant shall prove to the satisfaction of the Borough Council that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trucks through or alongside existing residential or residentially zoned areas.
(h)
The amount of building areas devoted to truck, bus or vehicle maintenance shall not exceed 25% of the total building area.
(i)
Maintenance and incidental repairs shall be performed within a building.
(j)
All maintenance and incidental repairs shall be performed only on those trucks, buses or vehicles which use the facility.
(k)
The outdoor storage of truck parts, junked trucks or abandoned motor vehicles and junk shall be prohibited.
(m)
The use shall include an appropriate system to contain and properly dispose of any fuel, grease, oils or similar pollutants that may spill or leak where such substances are stored or where vehicles are fueled or maintained.
(n)
No storage or transfer of hazardous substances, animals, animal carcasses or skins or similar items shall be permitted.
(o)
Any exterior lights shall be located so as not to shine beyond the boundaries of the property.
(p)
Solid waste transfer facilities shall also comply with the following additional requirements:
[1]
The entire transfer process, which includes unloading, compaction and loading onto the transfer trucks, shall occur inside a building.
[2]
Solid waste shall not remain on the site for more than 72 hours.
[3]
All waste materials shall remain within the vehicles delivering wastes to the facility for treatment or disposal and any material that may be dropped upon roads or neighboring properties shall be promptly removed by the operator of the facility.
[4]
At the end of each workday all municipal solid waste on the site shall be compacted in a transfer container.
[5]
Oversized items and items that cannot be compacted because of their size or construction shall be stored in the building. These items shall not remain on the site for more than 15 days.
[6]
Each facility shall be operated and maintained in such a manner as to prevent health hazards, odors, dust, noise, environmental degradation, unsightliness, the attraction, harborage or breeding of insects, rodents or vectors, and to eliminate conditions which create safety hazards or impose an undue burden upon the Borough or its municipal services infrastructure.
[7]
The hours of operation shall be limited to between 7:00 a.m. and 9:00 p.m.
(8)
Warehouse and wholesale trade.
(a)
Truck parking and loading shall meet the minimum standards of this chapter and in unique situations shall be provided according to maximum standards of the industry for the specific type of warehouse, wholesale trade distribution activity to be conducted.
(b)
Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.
(c)
No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins or similar items shall be permitted.
(d)
A twenty-foot buffer yard with a protective planting screen as described in Subsection B(5) shall be provided.
(f)
Any exterior lights shall be located so as not to shine beyond the boundaries of the property.
(g)
The applicant shall prove to the satisfaction of the Borough Council that the existing street network can handle the additional truck traffic, especially without bringing extraordinary numbers of trucks through or alongside existing residential or residentially zoned areas.
§ 108-37 Variances.
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of the Zoning Ordinance inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the Zoning Officer.
A.
The Board may grant a variance, provided that all of the following findings are made where relevant in a given case:
(1)
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located;
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3)
That such unnecessary hardship has not been created by the appellant;
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
B.
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Ordinance.