Zoneomics Logo
search icon

Shamokin Dam City Zoning Code

PART 6

Special Exception Uses

§ 601. Purpose.

   The purpose of special exception use regulations is to provide additional standards for controlling the unique or special characteristics of certain uses which otherwise conform to uses permitted in their respective districts. (Ord. 87-8, 12/10/1987)

§ 602. General Provisions.

   Decisions for granting or denying special use permits shall be made by the Zoning Hearing Board as provided for in Part 10.
   1.   Decisions: Decisions of the Board shall be made pursuant to standards and criteria expressed in this Part 6, to regulations for the respective districts in which the uses are located, and to all other requirements of this Chapter.
   The Board shall grant an approval for a special use only if it finds adequate evidence that the proposed use meets both the general and specific requirements for such use.
   2.   Site Plan: A plan for the proposed development of a site for a special use shall be submitted with the application for a special permit.
   Such plan shall show the location of all buildings, open spaces, parking areas, traffic access and circulation, landscaping, and any other information required for determining the conformance of the special use with the regulations for that use.
   3.   General Standards: Decisions for granting all special exception uses shall be guided by the following general standards:
      A.   The proposed use shall not jeopardize the objectives of the Comprehensive Plan.
      B.   Public services and facilities such as streets, sewers, water, police, and fire protection shall be adequate for the proposed use.
      C.   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.
      D.   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.
      E.   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 property is not impaired.
      F.   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.
      G.   Any other reasonable conditions and safeguards, in addition to those expressed in this Chapter, may be imposed by the Board if the Board deems it necessary for implementing the purposes of the Pennsylvania Municipalities Planning Code (Act 247 as amended) and this Zoning Chapter.
(Ord. 87-8, 12/10/1987)

§ 603. Specific Provisions.

   Uses permitted as special exception uses in this Chapter include the following, for which additional regulations are prescribed:
   1.   Animal Hospitals and Kennels: Hospitals for pets shall be located in a soundproof building with no objectionable odors produced outside the building, in which case the building and pens shall comply with all regular district regulations. Animal kennels in which animals are kept, boarded, or trained shall be completely enclosed, soundproof buildings and shall comply with all regular district regulations. No open pens or runways shall be allowed for animal hospitals or kennels.
   2.   Dwellings Directly Related to Certain Businesses: 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, 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 commercial spaces.
   3.   Dwellings Over or Attached to Business Establishments: Where dwellings are permitted over or attached to business establishments, such dwellings shall be designed as living quarters having at least nine hundred (900 square feet of floor area per dwelling unit and 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 commercial spaces.
   4.   Non-Profit Social Halls, Clubs and Lodes: Non-profit social halls, clubs and lodges shall have no external evidence of the activity except for a sign indicating the presence of the activity. Such facilities shall be located on a tract a minimum of twenty thousand (20,000) square feet in size and shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a solid wall, a substantial, attractive, tight fence five (5) feet in height, or a landscaped buffer area having a depth of not less than ten (10) feet shall be provided. The wall, fence, shrubs, or buffer shall be maintained in good condition. A parking area shall accommodate all spaces required in Part 8.
   5.   Nurseries and Day-care Centers for Children: 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 (3) feet in height which shall be maintained in good condition.
   6.   Nursing and Convalescent Homes: Nursing and convalescent homes shall be located on a tract a minimum of twenty thousand (20,000) square feet in size and shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a solid wall, a substantial, attractive, tight fence five (5) feet in height, or a landscaped buffer area having a depth of not less than ten (10) feet shall be provided. The wall, fence, shrubs, or buffer shall be maintained in good condition. Access drives shall be no more than twenty-five (25) feet in width and, in the case of a corner lot, shall be located at least sixty (60) feet from the intersection of the two streets, as measured from the right-of-way line. Loading and unloading areas for ambulances and cars shall be provided, and parking spaces for both employee and visitors shall be provided as required in Part 8.
   7.   Places of Worship: A place of worship shall be located on a tract a minimum of twenty thousand (20,000) square feet in size and shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a solid wall, a substantial, attractive, tight fence five (5) feet in height, or a landscaped buffer area having a depth of not less then ten (10) feet shall be provided. The wall, fence, shrubs, or buffer shall be maintained in good condition.
   Access drives shall be no more than twenty-five (25) feet in width and, in the case of a corner lot, shall be located at least sixty (60) feet from the intersection of the two streets, as measured from the right-of-way line. Loading and unloading areas, parking areas, and circulation and access areas shall be provided in accordance with Part 8.
   8.   Public and Parochial Schools: 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 thirty-five (35) feet in width. In the case of a corner lot access driveways shall be at least sixty (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 Part 8.
   9.   Public and Semi-Public Buildings including Municipal Buildings, Police Stations, Fire Halls, and Related Structures: Each such building shall be located on a tract a minimum of ten thousand (10,000) square feet in size and shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a solid wall, a substantial, attractive, tight fence five (5) feet in height, or. a landscaped buffer area having a depth of not less than ten (10) feet shall be provided. The wall, fence, shrubs, or buffer shall be maintained in good condition. Access drives shall be no more than twenty-five (25) feet in width and, in the case of a corner lot, shall be located at least sixty (60) feet from the intersection of the two streets, as measured from the right-of-way line. Loading and unloading areas, parking areas, and circulation and access areas shall be provided in accordance with Part 8.
   10.   Public, Semi-Public, and Private (but Non-Commercial) Outdoor Recreation Facilities: All such facilities shall be governed by the following regulations:
      A.   Swimming Pools, Community or Club: A community or club swimming pool shall mean any pool constructed by an association of property owners or by a private club, solely for use and enjoyment by members of the association or club and their families and guests, or by the municipal government for residents of the Borough. Such swimming pools shall comply with the following conditions and requirements:
         (1)   The pool and accessory structures thereto, including the area used by the bathers, shall not be closer than one hundred (100) feet to any property line. (2) A buffer strip at least fifty (50) feet wide surrounding the pool and paved areas around the pool shall be used for trees, shrubs, and grass landscaping. (3) A chain-link fence and gate at least six (6) feet high and maintained in good condition shall surround the pool and all areas used by bathers so as to prevent all uncontrolled access by children. (4) Outside lighting shall be directed away from adjacent activities, (5) Circulation and parking areas shall be provided as required by Part 8. (6) Relevant regulations of the Pennsylvania Department of Environmental Resources shall be met.
      B.   Other Recreation Facilities and Uses Outdoor: All such facilities shall conform to the following regulations: (1) No outdoor recreation activity shall be conducted closer than ten (10) feet to any property line. (2) A buffer strip at least ten (10) feet deep and planted with trees, shrubs, or other landscaping shall surround the property except for access drives crossing such strip. (3) Access drives shall be no more than twenty-five (25) feet in width. (4) Circulation and parking areas shall be provided as required by Part 8, and parking shall not be in buffer areas or on public road rights-of-way. (5) Storm drainage from the site shall be channeled to natural drainage courses and away from adjoining properties. (6) Outside lighting shall be directed away from adjacent activities. (7) Measures shall be taken to minimize noise.
   11.   Public Utility Buildings and Structures, Except Telephone Offices and Booths: Such buildings and structures are intended to include telephone exchanges, electric stations and substations, and gas, water, and sewage 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: (1) Access and parking shall be provided only for maintenance and servicing of such activities. (2) A chain-link fence and locked gate at least six (6) feet high and maintained in good condition shall surround the building or structure, except for the telephone exchange, which may be controlled by a locked door. (3) A buffer area at least twenty 20) feet deep and containing trees and shrubs to conceal the chain link fence and building or structure shall be provided along all boundaries of the property. (4) The premises shall be kept in good condition and free of litter and junk. (5) Outside lighting shall be directed away from adjacent activities. (6) The location, design and operation of such facility shall not adversely affect the character of any adjacent residential property.
   12.   Radio and Television Transmission or Receiving Towers: Such tower shall be set back from all tract boundary lines a distance equal to its height, and the base of such tower shall be surrounded by a chain-link fence and locked gate at least six (6) feet high and located at least six (6) feet from the outer edge of the base. The fence and gate shall be maintained in good condition.
   13.   Residential Conversion Units: All dwelling units created through residential conversion shall maintain a minimum floor area of nine hundred (900) square feet per dwelling unit and a minimum lot area of three thousand (3,000) square feet per dwelling unit. Such 'dwellings shall be designed as living quarters, having adequate natural light and kitchen and bathroom facilities. Such dwellings shall also have at least two (2) exits for each unit and shall have the number of parking spaces per unit as required by Part 8.
   14.   Residential Medical Centers: Residential medical centers shall include professional medical offices limited to doctors and dentists, with no more than two (2) licensed doctors and a maximum of three (3) other employees. The facility shall be located on a tract a minimum of twenty thousand (20,000) square feet in size and shall front on an arterial or collector street. Where the tract abuts residences on the side or rear property lines, a solid wall, a substantial, attractive, tight fence five (5) feet in height, or a landscaped buffer area having a depth of not less than ten (10) feet shall be provided. The wall, fence, shrubs, or buffer shall be maintained in good condition. Access drives shall be no more than twenty-five (25) feet in width and, in the case of a corner lot, shall be located at least sixty (60) feet from the intersection of the two streets, as measured from the right-of-way line. Parking areas and circulation and access areas shall be provided in accordance with Part 8.
   15.   Rooming or Boarding Houses: A rooming or boarding house shall have no more than four (4) rooms of the residence used for rooming and boarding. The property shall maintain all yard areas for the district in which it is located and shall provide off-street parking spaces as required by Part 8. In outward appearance the rooming or boarding house shall be consistent with the character of other residences in the immediate area.
   16.   Temporary Structures or Buildings: The proposed temporary use and the reasons for requesting the use of a temporary structure or building shall be supplied by the applicant. 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 two (2) years from the date the special exception is granted. An extension of not more than one (1) additional year shall be considered at any one time, provided the applicant can show a need for the extension to the satisfaction of the Board.
   17.   Tourist Homes: Single-family dwellings used for the purpose of providing overnight accommodations for transient guests shall provide no more than four (4) bedrooms for guest accommodations. Off-street parking shall be provided as required by Part 8. The serving of breakfast shall be only to guests and not to the public generally, as in a restaurant.
(Ord. 87-8, 12/10/1987)