[Ord. 766, 5/16/1996, § 14.0]
Special exceptions may be granted or defined by the Zoning Hearing
Board pursuant to the expressed standards and criteria contained herein.
The Zoning Hearing Board shall hear and decide requests for such special
exceptions in accordance with such standards and criteria as herein
set forth and on the prescribed application form. In granting a special
exception, the Zoning Hearing 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 chapter. The
Zoning Hearing Board shall pursue the following procedure:
A.
The Zoning Hearing Board's decision to grant a permit for a special
exception shall be made only after public notice and public hearing.
Such permit shall apply specifically to the application and plans
submitted and presented at said public hearing. Any subsequent amendments
or additions shall be subject to review and public hearing by the
Zoning Hearing Board as a special exception.
B.
No application for a permit shall be granted by the Zoning Hearing
Board for any special exception use until said Board has first received
and considered an advisory report thereon from the Planning Commission
with respect to the location of such use in relation to the needs
and growth pattern of the Borough of Elizabethtown, where appropriate,
with reference to the adequacy of the site area and the arrangement
of buildings, driveways, parking areas, off-street loading and unloading
spaces, and other pertinent features of the proposal. The Zoning Officer
may waive this requirement if it is determined that the use will not
have an impact on either current or future uses in the immediate vicinity,
or the normal conduct of residential or nonresidential uses.
C.
The Planning Commission shall have 30 days from the date of its receipt
of the application within which to file its report thereon. In the
event that the Planning Commission shall fail to file its report within
30 days, such application shall be deemed to have been approved by
the Planning Commission. The Planning Commission may have representation
at the public hearing held by the Zoning Hearing Board on such application.
After receipt of the report, the Zoning Hearing Board shall hear the
application in the same manner and under the same procedure as it
is empowered by law and ordinance to hear cases and make exceptions
to the provisions of this chapter. The Zoning Hearing Board may thereafter
direct the Zoning Officer to issue a permit if, in its judgment, the
request will not be detrimental to the health, safety and general
welfare of the Borough of Elizabethtown.
D.
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.
E.
A special exception use approval is not transferable either to another
site or for the next occupant of the structure where the use was granted.
[Ord. 766, 5/16/1996, § 14.1]
The following standards shall be met for lack of the uses listed
in this section. Each use shall meet all other requirements of this
chapter. In the case of conflict, the structure regulations shall
rule.
[Ord. 766, 5/16/1996, § 14.3; as amended by Ord.
882, 2/15/2007]
1.
No such use shall be located within 800 linear feet of any primary
or secondary school, place of worship, public park, day-care center/child
nursery, library, residential district or any site marked as a proposed
future park location on the Borough Map.
2.
No such use shall be located within 1,000 linear feet of any existing
adult bookstore, adult movie theater, or adult massage establishment.
3.
A forty-foot buffer yard shall be provided, regardless of zoning
district, along the side and rear lot lines but with plantings of
an initial minimum height of six feet unless the use is attached to
a building that includes a minimum of 15 other uses.
4.
No obscene or pornographic material or words shall be placed in view
of persons who are not inside of the establishment. Definite precautions
shall be made to prohibit minors from entering the premises.
5.
The applicant must prove to the satisfaction of the Zoning Hearing
Board that such use would not adversely affect the desirable character
of the surrounding area, including property values.
6.
No such use shall be used for any purpose that violates any federal,
state or Borough law. Any violation of this zoning requirement involving
a serious criminal offense that the proprietor has or clearly should
have had continuing and/or preknowledge of and allows to occur shall
be sufficient reason for the borough to withdraw the permit under
this chapter.
7.
No such use shall be allowed in combination with the sale or consumption
of alcoholic beverages.
8.
The use shall not include the sale or display of obscene materials.
"Obscene materials" shall be as defined by applicable Federal and
State law.
9.
These uses are specifically prohibited in all districts except the
Commercial District.
10.
Any private viewing booths shall be completely enclosed and limited
to one person per booth.
11.
No use may involve live actual or simulated sex acts for exhibition
or similar purposes.
[Ord. 766, 5/16/1996, § 14.3]
1.
Amusement arcades shall be located at least 1,000 feet from school
buildings, school playgrounds, church buildings and any other amusement
arcade.
2.
The amusement arcade shall be located in a separate room, separated
from other uses on the premises and from pedestrian circulation to
and from such other uses.
3.
Adequate space shall be provided for each machine so as to allow
its use without overcrowding. A minimum width of two feet shall be
provided per machine where the machine is designed for use by two
players. The depth of the space in front of the machine shall be at
least five feet, and there shall be a minimum aisle width beyond this
five feet of an additional three feet.
4.
Readily visible signs shall be installed, with their location, size
and text shown in plans submitted to the Zoning Officer, stating that
the use of machines by persons under 16 years of age shall be prohibited
during normal school hours and, where the premises are used primarily
for the serving or consumption of alcohol, that the use of video games
by persons under the age of 21 is prohibited at all times.
5.
Off-street parking shall be provided in accordance with Part 16 herein.
[Ord. 766, 5/16/1996, § 14.4]
Where permitted, or permitted as a special exception, automobile
body shops may be established in accordance with the following:
A.
All repair and paint work shall be performed within an enclosed building
with sufficient ventilation equipment so that fumes and/or paint are
not evidenced beyond any property line.
B.
Buffer yard/screen plantings shall be provided in accordance with
the special yard, lot and screening requirements of this chapter.
C.
Stored and/or repaired vehicles shall remain no longer than 30 days
from the date of arrival.
[Ord. 766, 5/16/1996, § 14.5]
A.
The lot area shall be determined on the basis of building size, yard
requirements listed below and parking requirements, but in no case
shall the lot area be less than 40,000 square feet.
B.
Lot impervious coverage shall not be greater than that required within
the respective district.
C.
The lot width at the front building setback line shall be based on
the building size and yard requirements, but in no case shall be less
than 100 feet in width.
E.
A buffer yard/screen planting of no less than 10 feet in depth shall
be maintained along all property lines and shall be placed in accordance
with the special yard, lot and screening requirements of this chapter.
F.
Off-street parking shall be provided in accordance with the provisions
of Part 16 herein.
[Ord. 766, 5/16/1996, § 14.6]
Not more than the number of children prescribed within the particular
zoning district, excluding children who permanently reside at the
residence, are permitted. In addition, the following requirements
shall be met:
A.
Lot area shall be determined on the basis of type of structure, parking
and access requirements and other applicable standards. In any case,
a day-care residence shall only be permitted in either a single-family
detached, semidetached or attached dwelling.
B.
A minimum of 100 square feet of usable outdoor play space on the
premises and 40 square feet of usable indoor space must be provided
for each child present at the facility, including resident children.
C.
Outside play shall be limited to the rear yard of such facility and
shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
D.
A buffer yard of no less than 10 feet in depth shall be established
along rear and side lot lines in accordance with the special yard,
lot and screening requirements of this chapter. Said buffer yard shall
be provided in addition to required side and rear yards and shall
not be included in determining usable outdoor play area.
E.
Operators are responsible for compliance with all Pennsylvania Department
of Public Welfare licensing/registration requirements and any other
local, State or Federal regulations. The owner shall submit proof
of compliance prior to receiving a permit to operate a day-care residence.
[Ord. 766, 5/16/1996, § 14.7; as amended by Ord.
946, 3/21/2013]
1.
Any drive-in window for any use shall have driveway lanes and waiting
lanes with capacity for sufficient number of vehicles to ensure that
traffic conflicts and hazards are avoided within the site and along
the streets adjoining the use.
2.
The drive-through service shall not block or impede in any way a
curb, sidewalk or thoroughfare commonly used by the public whether
private or public.
3.
The total number and area of the signs for the drive-through service
shall not exceed the standards prescribed for the zoning district.
4.
Lighting will only be permitted to meet minimum safety concerns for
customers and shall not filter into residential zones.
[Ord. 766, 5/16/1996, § 14.8]
1.
Adequate parking must be provided for the total maximum number of
customers and staff that will use the facility at any one time. Public
parking facilities and on street parking shall not be used to meet
the total number of required spaces.
2.
Lighting will only be permitted to meet minimum safety concerns for
customers and shall not filter into residential zones.
3.
The sole purpose of any health, fitness or exercise center shall
be to improve the physical fitness of the customer, i.e., free weights,
tread mills, variable resistance equipment, nautilus equipment, aerobics,
shower and locker facilities, sauna, steam rooms and the like.
[Ord. 766, 5/16/1996, § 14.9; as amended by Ord.
882, 2/15/2007]
1.
A home occupation shall be carried on completely within the dwelling
unit or accessory building.
2.
No more than one home occupation per lot shall be permitted.
3.
No person other than permanent residents of the dwelling unit shall
be employed in the home occupation with the exception of part-time,
clerical assistance not to exceed 20 hours per week.
4.
Not more than 25% of the floor area of the dwelling unit shall be
devoted to a home occupation.
5.
There shall be no exterior display or sign (except as permitted in
the regulation of signs in this chapter), no exterior storage of materials,
and no other exterior indication of the home occupation or variation
of the residential character of the main building. Refer to § 1705(1)(G).
6.
No offensive noise, vibration, smoke or other particulate matter,
heat, humidity, glare or other objectionable effects shall be produced.
7.
A home occupation may include but is not limited to art studios;
dressmaking or alterations; barbershop; beauty parlor; teaching, music
or dance instruction limited to a single pupil at a time; real estate
or insurance office; the professional office of a dentist, physician,
lawyer, engineer, planner, accountant, architect; or any other activities
of a similar nature.
8.
A home occupation shall under no circumstances be interpreted to
include a commercial stable or a kennel, video game/arcade, retail
store, weapons sales or repairs, restaurant, funeral parlor or animal
hospital.
9.
No expansion of a home occupation, either within the home or to an
adjacent property, shall be permitted.
10.
Off-street parking shall be provided in accordance with the provisions
of Part 16 herein.
11.
All home occupation uses shall be limited to the owner of the property
and immediate family members of the owner, provided that the property
remains owner-occupied.
12.
No-impact home occupations shall be permitted as a matter of right
in all zoning districts. A no-impact home occupation must meet all
of the following criteria:
A.
No customer, client, or patient traffic, either vehicular or pedestrian.
B.
No pickup, delivery or removal functions in excess of normal residential
use.
C.
Business activity must be compatible with residential use of the
property and surrounding residential uses.
D.
Only immediate family members residing in the dwelling may be employed.
E.
No display or sale of retail goods or inventory of a substantial
nature.
F.
No outside appearance of a business use, such as parking, signs,
or lights.
G.
No equipment or process may create noise, vibration, glare, fumes,
odors, or electrical or electronic interference detectable in the
neighborhood.
H.
No solid or sewage discharge, in volume or type, not typical for
residential use.
I.
The occupation may not occupy more than 25% of the habitable floor
area within the dwelling.
J.
No illegal activity may be engaged in.
K.
All home occupation uses shall be limited to the owner of the property
and immediate family members of the owner, provided that the property
remains owner-occupied.
[Ord. 766, 5/16/1996, § 14.10]
1.
Lighting will only be permitted to meet minimum safety concerns for
customers and shall not filter into residential zones.
2.
Adequate screening in buffer areas shall be provided to shield vehicles
from the view of nearby properties and normal pedestrian traffic.
3.
The design of the structure shall give maximum attention to the safety
of pedestrians in and around the parking facility.
4.
Ease of vehicular access, including two means of ingress and egress,
to and from the facility shall be demonstrated.
5.
All lot setback requirements shall be adhered to for the particular
zoning district.
6.
The hours of operation and staffing requirements must be addressed
in an effort to provide minimum disruption of adjacent properties
and to provide adequate safety for customers.
7.
If the proposed use involves the demolition of a structure(s), the
requirements of § 907 shall be followed.
[Ord. 766, 5/16/1996, § 14.11]
All requirements as listed in § 1405 above shall be
applied to public/private school uses.
[Ord. 766, 5/16/1996; as added by Ord. 829, 11/15/2001; as
amended by Ord. 882, 2/15/2007; and by Ord. 946, 3/21/2013]
1.
If a communication tower, communication equipment, building or antenna
cease being used or are abandoned for a period of one year, the owner,
lessor or operator shall dismantle and remove all improvements within
six months following notice to do so by Borough Council.
2.
The following criteria apply to all communication antennas and communication
antenna sites. Antennas for radio and television shall also comply
with the regulations in § 1303.
A.
Any applicant for erection, alteration or use of a commercial communication
antenna or proposed site shall be by special exception, and the applicant
shall bear the burden of clearly demonstrating compliance with all
of the following standards and criteria:
(1)
The applicant shall demonstrate, through technological evidence
and data, that the proposed location is absolutely necessary for the
operation of the system.
(2)
Any stand-alone structure not attached to an existing building
shall be set back from each property line that is adjacent to a residential
use, but in no circumstance less than 50 feet from any property line
or any such building. This setback shall be applicable to guide wire
anchors for the structure. Any structure shall be provided with warning
signage for potential radiation danger, if any. Shielding shall be
installed if there is any potential radiation.
(3)
All commercial communication towers shall be completely enclosed
by an eight-foot-high nonclimbable fence with self-locking gate.
(4)
There shall be no electrical, electromagnetic or microwave or
other interference or pollution off-site.
(5)
The applicant shall demonstrate that surrounding areas will
not be affected by support structure failure, falling ice or other
debris. All support structures shall be fitted with anti-climbing
devices as approved by the manufacturer.
(6)
The applicant shall demonstrate that the antenna and commercial
communications tower is the minimum height required to function satisfactorily.
This requirement shall not be applicable to antennas located upon
an existing structure where the total height of the structure and
antenna does not exceed 150 feet.
(7)
If the applicant proposes to erect a new commercial communication
tower, the applicant shall demonstrate that he or she has contacted
the owners of nonresidential structures within a one-mile radius of
the proposed site and has requested permission to install the antenna
on those structures. The applicant shall clearly demonstrate that
it is not feasible to erect the antenna on these existing structures.
The applicant shall make a good-faith effort to install the antenna
on existing structures, including but not limited to flagpoles, bell
towers, smokestacks, water towers, silos, electrical transmission
facilities, tall commercial or industrial buildings, previously existing
commercial communication towers of other communication companies and
similar structures.
(8)
In order to reduce the number of commercial communication towers
needed in the Borough in the future, any new proposed commercial communication
tower shall be designed to accommodate other users, including but
not limited to police, fire and emergency services. Applicants shall
submit an agreement with the Borough whereby they agree to negotiate
in good faith with subsequent lessees to lease the commercial communication
tower for co-usage.
(9)
If the use of the site requires licensing by any State or Federal
agency, the applicant shall present a copy of the application to such
entities and all decisions by such entities.
(10)
If the site operation is fully automated, the applicant shall
provide off-street parking required for two maintenance workers. If
the operation is not fully automated, the applicant shall provide
off-street parking spaces equal to the largest number of persons on
the largest shift working on the property, but no less than two.
(11)
The applicant shall install landscaping to screen the fence
and site and any ground-level features, including but not limited
to buildings, which may be installed. Landscaping shall consist of
evergreen trees to be planted on ten-foot centers maximum, which shall
have a minimum height of six feet at the time of planting. The Board
may require further deciduous plantings to mitigate the impact of
the development on the surrounding neighborhood. All landscaping must
be installed prior to the issuance of the certificate of use and occupancy
by the Zoning Officer. Existing vegetation on and around the site
shall be preserved unless absolutely necessary to be removed for functioning
of the equipment. This requirement shall not be applicable to antennas
located upon an existing structure where the total height of the structure
and antenna does not exceed 150 feet.
(12)
Commercial communication towers shall be painted with paint
such as to significantly reduce the visual impact thereof; provided,
however, these requirements shall not apply to an antenna which is
installed upon an existing structure that is not exclusively an antenna
support structure. Support structures shall be painted an acceptable
color that will lessen visual impact. Commercial communication towers
shall meet all minimum Federal Aviation Administration regulations.
No commercial communication tower may be artificially lighted except
when required by the Federal Aviation Administration or by State regulations.
All lighting shall be shielded and provide an antiglare screen to
prevent glare from reaching the surface of the land.
(13)
No commercial communications antenna site shall be used for
holding advertising signage.
(14)
Use of any structure, other than the commercial communication
tower, shall be limited to that clearly necessary for functioning
of the equipment.
(15)
The applicant shall submit proof of compliance with the Pennsylvania
Aviation Act, together with a letter from all operators of airports
located within 30 miles of the proposed commercial communication antenna
site as to their nonopposition to the construction of the commercial
communication tower or antenna site(s).
(16)
All access drive(s) to the commercial communication antenna site(s) shall contain a right-of-way of at least 20 feet, 10 feet of which shall be improved with a hard surface in compliance with the driveway requirements of the Borough of Elizabethtown Subdivision and Land Development Ordinance [Chapter 22].
B.
In the case of roof-mounted communication antenna sites, the following
additional criteria shall apply:
(1)
Unless communication requirements absolutely require another
location, any roof-mounted antenna site shall be installed only on
that portion of the roof facing the rear of the property.
(2)
No roof-mounted commercial antenna site shall project more than
five feet above the roofline unless the applicant shall demonstrate
that unique site constraints create interference which mandates a
higher placement in order to provide for proper reception. The applicant
shall provide clear and convincing evidence of the interference which
mandate a higher placement and clear and convincing evidence that
the placement required is the minimum necessary for proper reception:
(3)
If there is any radiation potential, the applicant shall provide
shielding and warning signage.
(4)
The applicant shall provide written proof that the site constraints
prohibit placement of a commercial satellite dish directly on the
ground and therefore require the dish to be elevated.
(5)
No roof-mounted commercial communication antenna shall be located
upon a residential unit.
(6)
Omni-directional or whip commercial communications antennas
shall not exceed 20 feet in height and seven inches in diameter.
(7)
Directional or panel commercial communications antennas shall
not exceed five feet in height and three feet in width.
C.
The applicant shall submit a plan for the removal of the facility
when it becomes functionally obsolete or is no longer in use. If a
commercial communication tower, equipment, building or antenna cease
being used or are abandoned for a period of one year, the owner, lessor
or operator shall dismantle and remove all improvements following
notice.
[Ord. 882, 2/15/2007; as amended by Ord. 946, 3/21/2013]
1.
The annual Elizabethtown Fair held each calendar year:
A.
Must meet all applicable regulations of the Institutional Zoning
District.
B.
Must meet all applicable requirements of the Subdivision and Land Development Ordinance [Chapter 22].
C.
Provide adequate safety on the site, to include certification from
the Elizabethtown Fire Company and Northwest EMS regarding adequacy
of first responder access; identification of all pedestrian and vehicular
access; and written approval of a security plan by the Elizabethtown
Police Department.
D.
Parking must comply with the standards set forth in Part 16.
E.
No outside storage or display or materials, products, or other equipment
shall occur when the event is not in progress.
F.
Shall be designed and operated so that neighboring properties are
not exposed to offensive or excessive noise, amplified music or vibration,
especially from traffic or late-night activity.
2.
Any expansion, modification, or additional occurrence of use shall
require separate Zoning Hearing Board approval and shall be subject
to criteria in effect at the time of application.
[Ord. 946, 3/21/2013]
1.
The applicant shall produce a report from a structural engineer describing
the condition of the building necessitating demolition.
2.
The minimum height for a building replacing a demolished structure
shall be 35 feet.
3.
The applicant shall produce, if applicable, official documentation
of any effort to sell the building.
4.
The applicant shall provide a plan for proposed disposition of salvageable
material(s).
5.
The applicant shall provide photographs of the exterior and interior
of the property.
6.
The building shall not be demolished until there is a recorded subdivision
or land development plan for the property and any zoning approvals
for the proposed new use have been obtained.
