The following special exceptions may be authorized by the Zoning Hearing Board pursuant to the standards and criteria specified herewith.
(A) Conversion apartment.
(1) Each living unit shall contain a minimum of 400 square feet of gross floor area.
(2) Each living unit shall contain not less than one private bedroom and one additional habitable room in addition to separate and private kitchen and bathroom facilities.
(3) The Chief of the Township Fire Department, or designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structural layout and adequacy of smoke and fire alarm devices.
(4) A maximum of two dwelling units shall be permitted in any single structure.
(5) Two off-street parking spaces shall be provided for each living unit.
(6) On-lot sewage disposal systems shall be inspected and certified by the Sewage Enforcement Officer as capable of meeting the demands of the additional dwelling unit.
(B) Bed-and-breakfast/tourist home.
(1) All rooms and related facilities provided for transient guests shall be normal integral components of the principal dwelling unit. The owner of the facility must reside
(2) No facilities, such as cooking accommodations or similar amenities, other than those provided for the normal use of the principal dwelling unit, shall be provided for transient guests.
(3) No more than three guest sleeping rooms shall be available or utilized concurrently for transient guests in any facility.
(4) The size of each individual guest sleeping room utilized for transient guests shall be a minimum of 100 square feet.
(5) Maximum occupancy shall not exceed eight guests.
(6) Service of meals shall be limited to overnight transient guests.
(9) Only normal residential yard and structure lighting appropriate for residential purposes shall be permitted.
(10) As part of the special exception process, the Chief of the Township Fire Department, or the designated agent thereof, shall inspect the premises to evaluate access and structural layout. No certificate of occupancy shall be issued prior to an inspection by such authority. The owner shall make the premises available for reinspection by township authorities at any reasonable time.
(11) Only members of the family in residence at the premises shall be engaged in the conduct of the bed-and-breakfast establishment.
(12) Overnight guests shall not occupy the facility for more than three consecutive nights in a 30-day period.
(C) Home occupation.
(1) The home occupation shall be carried on wholly within the principal or accessory structures.
(2) No more than 25% of the gross floor area of the principal dwelling used shall be devoted to the conduct of the home occupation.
(3) Articles not related to the permitted business shall not be sold on the premises.
(4) Exterior signs other than those permitted in § 153.182(A)(3) of this chapter shall not be permitted.
(5) Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of § 153.222 of this chapter.
(6) The use shall not significantly intensify vehicular or pedestrian traffic, which is normal for the residences in the neighborhood.
(7) The use shall not require internal or external alternations or construction features which are not customary to a dwelling or which change the fire rating of a structure.
(8) There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household products.
(9) The use shall not significantly cause an increase in the use of water, sewage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
(10) The use shall not cause a negative impact on lot values in the immediate neighborhood.
(11) The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises.
(12) The following uses shall not be considered home occupations and shall be restricted to the Zoning Districts in which they are specifically authorized as permitted uses, uses by conditional use or uses by special exception, including, but not limited to:
(a) Beauty shops or barber shops containing more than one chair;
(b) Clinics, hospitals or nursing homes;
(c) Kennels, veterinary offices and clinics;
(d) Mortuaries;
(e) Private clubs;
(f) Private instruction to more than three students at a time;
(g) Restaurants or tearooms;
(h) Stables;
(i) Tourist or boarding homes;
(j) Vehicle or equipment rental, repair or sales;
(k) Automotive repair and inspection garages, as defined by this chapter;
(l) Licensed day care centers;
(m) Butchers; and
(n) Nail and tanning salons.
(D) Vehicle service and inspection station.
(1) Purpose. The purpose of this division (D) is to provide for the health, safety and welfare of the residents of the township, through zoning for the reasonable development of land. Accordingly, it is necessary and appropriate to adopt reasonable requirements for special exceptions so that such uses are undertaken in a manner that is economically remunerative, preserves the character of the zoning district, encourages beneficial and compatible land uses and that minimizes the potential impact on the residents of the township.
(2) Definitions. The foregoing definition shall apply to this section only.
VEHICLE SERVICE AND INSPECTION STATION. A service station limited to routine maintenance of automobiles, vans and light-duty trucks and state inspection services.
(3) Zoning classification.
(a) A vehicle service and inspection station shall be permitted as a special exception within the Agricultural (A-1) District only by the process of submitting a special exception application.
(b) The applicant shall have the duty and the burden to prove compliance with the specific conditions set forth herein and by way of this division (D). Applicant shall bear the burden of persuasion to demonstrate that the proposed special exception will not have detrimental effects on the health, safety and welfare of township residents relative to any additional conditions.
(c) The proposed special exception: will be harmonious with and in accordance with the general objectives or with any specific objective of the township’s Comprehensive Plan; will be designed, constructed, operated and maintained in a commercially reasonable manner so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; will not be hazardous to existing neighboring uses; will be served adequately by essential facilities and services such as streets, drainage structures, refuse disposal, water and sewer; or the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services; will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; will have vehicular approaches to the property which shall be designed so as not to create undue interference with traffic on surrounding public thoroughfares; will not result in the destruction, loss or damage of a natural, scenic or historic feature of significant importance.
(4) Applicability. This division (D) applies to all vehicle service and inspection stations that will be constructed or operated after the effective date of this division (D) in the A-1 District. No vehicle service and inspection stations nor any work in preparation thereof in the A-1 District shall be commenced within the boundaries of the township unless and until the owner or operator makes special exception application in conformity with this division (D).
(5) Special exception permit requirement.
(a) No vehicle service and inspection station nor any addition thereto shall be constructed or located within the A-1 District of the township unless a special exception approval has been issued by the township’s Zoning Hearing Board to the owner or operator approving the construction or preparation of the site for a vehicle service and inspection station.
(b) The permit application, or amended permit application, shall be accompanied by a fee in the amount of $300 which may, from time to time, be amended by resolution. The applicant shall promptly pay any additional fees or costs incurred by the township that exceed this fee as allowable under the Pennsylvania Municipalities Planning Code.
(c) Any modification to an existing and permitted vehicle service and inspection station that materially alters the size, location or accessory equipment or structures, shall require a modification of the permit under this division (D).
(6) Special exception permit application.
(a) The applicant shall provide to the township’s Zoning Officer at the time of application:
1. A narrative describing an overview of the project including the number of acres to be involved, location, type and description of equipment and structures to be involved;
2. A location map of the site showing the approximate location of buildings, structures, parking areas, all permanent improvements to the site and any post construction surface disturbance in relation to natural and other surroundings. Included in this map shall be an area within the development site for the location and parking of vehicles and equipment;
3. A detailed description of the hours of operation, number of employees and types of services to be provided;
4. A narrative and map describing the manner and routes for the transportation and delivery of equipment, machinery and other materials used in the operation of the vehicle service and inspection station as well as appropriate site distances for entry and exist routes; and
5. A soil erosion and sedimentation control plan, in conformance with the requirements of the County Conservation District, must be submitted along with obtaining a grading and excavating permit from the township and a stormwater best management practices agreement between the applicant and the township in accordance with township ordinances.
(b) Within 30 business days after receipt of a permit application and the required fee, the township will determine whether the application is complete and adequate and advise the applicant accordingly.
(c) If the application is complete, the Township Zoning Hearing Board shall schedule a public hearing in accordance with the Pennsylvania Municipalities Planning Code and shall, following hearing, render a decision on the application in accordance with this division (D).
(d) If the application is incomplete and/or inadequate, the Township’s Zoning Officer will promptly notify the applicant of the missing or inadequate material, in no event longer than 30 days from submittal of the application, and, upon receiving said material, the Administrative Secretary/Treasurer shall schedule a Zoning Hearing Board hearing in accordance with the Pennsylvania Municipalities Planning Code and shall, following hearing, render a decision on the application in accordance with this division (D).
(7) Installation and operation.
(a) The site must contain a minimum of three acres.
(b) Parking areas must be provided for a maximum of six total customer and employee vehicles. There shall be no overnight parking in the parking area.
(c) Hours of operation are limited to Monday through Friday 8:00 a.m. to 5:00 p.m.
(d) The garage shall be setback a minimum of 300 feet from side and rear lot lines. If no oil separator system is installed in the floor drain system, a holding tank with alarm must be installed for capturing the floor drains and records kept for the periodic emptying.
(e) No more than one nonresident (of the property) employee shall be employed at any given time.
(f) There shall be no exterior storage of parts and no visible exterior storage of used vehicle fluids. All such enclosed storage shall be equipped with secondary spill protection.
(g) At no time shall customer, employee or delivery vehicles be parked unattended on and township right-of-way.
(h) The Township Zoning Officer shall inspect the premises prior to the special use hearing and report to the Zoning Hearing Board. Thereafter the Zoning Officer shall inspect annually in order for the applicant to maintain its special exception permit. The applicant shall pay the approved fee for this annual inspection, which shall be set annually in the township’s fee resolution.
(i) The special exception permit is non-transferrable. Subsequent owner must apply for special exception approval to continue the operation as a vehicle service and inspection station.
(j) The sewage disposal for any restroom facilities required by law must be approved by the Sewage Enforcement Officer.
(k) Lighting: lighting at the site, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and nearby buildings within 300 feet of the vehicle service and inspection station.
(k) Noise: refer to § 153.222(C) for compliance standards.
(l) Dust and air pollution.
1. Vehicle service and inspection stations shall not create dust or pollute the air in violation of the Clean Air Act or any other local, state or federal regulation regarding air cleanliness or nuisances.
2. Applicants, owners and operators shall take the necessary safeguards to ensure appropriate dust control measures are in place.
3. The emissions of dust, smoke, refuse matter, odor, gas, fumes or similar substances or conditions which can endanger the health, safety or general welfare or which can cause any soiling or staining of persons or property at any point beyond the property line of the use creating the emission is prohibited. Dust control measures shall be used to stabilize soil from wind erosion and to reduce dust generated from site activities.
4. Applicants, owners or operators shall take all necessary precautions to minimize odors during the hours of operation of the vehicle service and inspection station. If odors resulting from the use or odors emanating from the site result in nuisance complaints being lodged by township residents, the owner or operator shall meet with the township and any affected residents to implement, where warranted and required by the township, effective odor control measures.
(2003 Code, § 170-14) (Ord. 2-93, passed 5-4-1993; Ord. 2-99, passed 9-7-1999; Ord. 1-2003, passed 6-3-2003; Ord. 2-2009, passed 2-1-2010; Ord. 01-2013, passed 2-4-2013) Penalty, see § 153.999