Borough of Old Forge, PA Conditional Uses

Decisions for granting or denying conditional use permits shall be made by the Borough Council after its receipt and review of the Planning Commission's recommendation and after it has held the required public hearing in order to hear evidence from involved parties for the purpose of better gauging the potential implications of the proposed use.

Hearings shall be conducted pursuant to the procedures outlined in Article X, Zoning Hearing Board; Administrative Proceedings.

The Borough Council shall submit the application for the proposed conditional use to the Borough Planning Commission at least 30 days prior to the public hearing on the proposed use to provide the Planning Commission with an opportunity to submit a nonbinding recommendation.

The Borough Council shall render a final decision on the application within 45 days after the last public hearing. Where the Borough Council fails to make its decision within the period required, the decision shall be deemed in favor of the applicant.

Decisions of the Board shall be made pursuant to the standards and criteria expressed in this article, to the regulations for the respective districts in which the uses are located and to all other requirements of this chapter.

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

Effect of chapter changes on application.

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

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

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

Editor's Note: See 53 P.S. § 10508(1) through (4).

Site plan. A plan for the proposed development of a site for a conditional use shall be submitted with the application for a conditional use permit to the Zoning Officer. Such plan shall show the location of all buildings, open space, parking areas, traffic access and circulation, landscaping and any other information required for determining the conformance of the conditional use with the regulations for that use.

General standards. Decisions for granting all conditional uses shall be guided by the following general standards:

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

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

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

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

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

The proposed use shall not be more objectionable in its operations in terms of noise, fumes, vibrations, smoke, fly ash or lights (such as flashing, neon, flood, spot, etc.) than would be the operations of any permitted use in the district.

(7)

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

[2]

Editor's Note: See 53 P.S. § 10101 et seq.

§ 350-35 Use regulations.

Uses permitted by conditional use include the following, for which additional regulations are prescribed:

Adult entertainment establishments (C-2 District).

Purpose. The purpose of this conditional use is to provide for establishments which have a sex-related nature or purpose in an appropriate environment which prevents the deleterious blighting or downgrading effects which a concentration of such uses or the inappropriate placement of such uses may have upon surrounding neighborhoods.

Use regulations. The conditional uses shall be adult entertainment establishments as designated herein under Subsection A(6), Uses designated and regulated.

Dimensional regulations. The dimensional regulations shall be the same as those applicable to the C-2 Commercial District.

Development regulations. Adult entertainment establishments (as defined herein) shall be subject to the following development regulations:

Comprehensive Plan. Proposed adult entertainment establishments shall be consistent with the Comprehensive Plan of the Borough of Old Forge if one has been adopted.

Site location. Adult entertainment establishments shall be located only in the C-2 Commercial District, and the proposed location of such an establishment within such district shall be at least 500 feet distant from another such adult use, residential district, property lines of churches and related religious institutions and property lines of schools, playgrounds and parks.

Supplementary regulations. (See Article VIII.)

Adult uses. No adult use, as so defined, shall be located less than 750 feet from any residential dwelling, place of worship, a public or quasi-public use or structure, or a zoning boundary of any residential zoning district. Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use to the nearest property line of the above-noted uses. The structure and/or premises of an adult use, including all off-street parking areas, shall be completely enclosed by a fence, no less than eight feet in height and screened by a variety of evergreen tress which shall be planted no more than six feet apart and being not less than eight feet in height at the time of planting. The owner of the property shall be responsible to maintain such screening, including the replacement of any trees which are damaged, die, removed by whatever means or otherwise fail to grow.

[Added 12-7-1999]

Uses designated and regulated. Uses designated and regulated as adult entertainment establishments include adult bookstores, adult cabarets, adult coffee shops, adult drive-in theaters, adult massage businesses, adult mini motion-picture theaters, adult motion-picture theaters, adult videocassette rentals and sales and any and all such other establishments in which live or photographic nudity is readily visible.

Cluster housing developments (R-1 and R-1A Districts).

Purpose. The purpose of this use is to provide for housing that can be clustered together to achieve greater economies in the construction of roads and utilities, to maximize the preservation of open space on a tract and to allow for greater flexibility of layout design.

Use regulations. The types of housing permitted in cluster developments shall be the same as those otherwise permitted in the district in which the tract is located.

Dimensional regulations. The total area of the site shall not be less than the total area that would be required if the dwellings were placed on individual lots in their respective districts. Height and coverage regulations of the district in which such developments are located shall apply.

Development regulations. A proposed cluster housing development shall be subject to the following development regulations:

Arrangement of buildings. Although flexibility of design is encouraged, no building shall be closer to any other building, including its projections, than 20 feet.

Buffer area. A buffer area shall be required along all boundary lines of the tract and along access roads within the tract. Such buffer area shall be used for no other purpose than landscaping. The buffer shall be an area of not less than 20 feet in width and shall be planted and maintained in a screen planting of materials prescribed in Article VIII.

Subdividing and developing. A cluster housing development shall be subject to the regulations of Chapter 305, Subdivision and Land Development.

Garden apartment housing developments (R-1 District).

Purpose. The purpose of this use is to provide for garden apartment developments that can maximize the preservation of open space on a tract in an R-1 Zone.

Use regulations. The types of housing permitted in garden apartment developments shall conform to the definition of "garden apartment dwellings" in Article III of this chapter.

Dimensional regulations. The total area of the site of a garden apartment development in an R-1 Zone shall not be less than eight acres. Height and coverage regulations of the district in which such developments are located shall apply.

Development regulations. A proposed garden apartment housing development shall be subject to the following development regulations:

Arrangement of buildings. Although flexibility of design is encouraged, no building shall be closer to any other building, including its projections, than 20 feet.

Buffer area. A buffer area shall be required along all boundary lines of the tract and within the tract. Such buffer area shall be used for no other purpose than landscaping and access roads which cross the buffer. The buffer shall be an area of not less than 20 feet in width and shall be planted and maintained in a screen planting of materials prescribed in Article VIII.

Subdividing and developing. A garden apartment housing development shall be subject to Chapter 305, Subdivision and Land Development.

Mobile home parks (R-2 District) [special exception in a C-2 District per § 350-32A(8)].

Purpose. The purpose of this use is to provide for mobile home parks in such a way that their development is safe and sanitary and fit for human habitation and that their development is acceptable and compatible with other development in the district in which they are located.

Use regulations. The uses shall be mobile homes and those accessory uses usually associated with such a facility.

Dimensional regulations.

Minimum park area. A mobile home park shall have an area of at least 10 acres.

Minimum park width. A mobile home park shall have a minimum width along the principal access roadway of 300 feet.

Minimum front yard. The minimum front yard setback shall be 100 feet for the park.

Minimum rear yard. The minimum rear yard setback shall be 100 feet for the park.

Minimum side yards. The minimum side yard setbacks shall be 100 feet for each side of the park.

(f)

Height. The maximum height for any building, principal or accessory, shall be the lesser of one story or 15 feet.

(g)

Coverage. The maximum park area covered by buildings shall be 20%. The maximum impervious cover shall be 35%.

Development regulations. A mobile home park shall be subject to the following development regulations:

Comprehensive Plan. A proposed mobile home park shall be consistent with the Comprehensive Plan of the Borough of Old Forge if one has been adopted.

Site location. A mobile home park shall be located on land having a reasonably flat terrain (having an average slope of 8% or less). The land area shall be free from swamps, marshes, garbage, excessive noise, smoke or other elements generally considered detrimental to residential development. The location shall be free from flooding by a one-hundred-year flood and shall have access to public roads.

Placement of mobile homes. Each mobile home site shall be provided with a stand or pad consisting of two concrete strips to accommodate the wheel base of the mobile home, or a full slab the length and width of the mobile home which is to be placed upon it. The poured concrete base shall measure one foot deep and 40 feet long, and, if strips, for each of the two strips, two feet wide. Each mobile home site shall also be provided with a poured concrete outdoor patio six inches deep and at least 180 square feet in area at the main entrance to the mobile home. The mobile home shall be required to be provided with anchors and tie-downs which are able to sustain a total tensile load equal to four times the weight of the particular mobile home.

Mobile home lots. Only one mobile home, including its extensions and additions, may be placed on each mobile home lot, which shall have access to a hard-surfaced street in the mobile home park. Each lot shall have a minimum area of 4,000 square feet and a minimum width of 40 feet. The minimum front yard shall be 10 feet, the rear yard five feet and each side yard five feet. The minimum distance between buildings shall be 20 feet. No more than 20% of each lot shall be covered by buildings.

Subdividing and developing. A mobile home park shall be subject to the regulations of Chapter 305, Subdivision and Land Development.

Supplementary regulations. (See Article VIII.)

Multifamily dwellings (R-1A and R-2 Districts).

Purpose. The purpose of this use is to permit multiple-family dwellings in residential districts, provided that certain development standards are met.

Use regulations. The use shall consist of multiple-family dwellings containing up to six units per building and any accessory uses usually associated with multiple-family dwellings.

Dimensional regulations.

Minimum lot area. Multifamily developments shall meet the minimum lot size, tract width, tract depth, yard (front, side and rear) requirements, lot coverage and lot area per dwelling unit specified in the zoning schedule for the zone district in which it is located.[1]

Editor's Note: The schedules are included at the end of this chapter.

Minimum distance between buildings. No principal building, including its projections, on the lot shall be closer than 20 feet to any other principal building on the same lot.

Building height. The maximum height of any building shall be 40 feet or three stories, whichever is less, per Borough Fire Chief approval.

Supplementary regulations. (See Article VIII.)

Subdividing and developing. A multifamily dwelling shall be subject to the regulations of Chapter 305, Subdivision and Land Development.

Office parks (C-3 District).

Purpose. The purpose of this use is to provide for development of planned office park developments.

Use regulations. The use allowed shall be office parks and accessory uses needed to operate such developments.

Dimensional regulations.

Minimum tract area. The minimum tract area shall be 30 acres.

Minimum tract width. The minimum tract width shall be 300 feet.

Minimum yards. All yard setbacks, front, side and rear, shall be 100 feet in depth as measured from the street line or from the side or rear district lines or from a property line in different ownership but in the same use.

Height. The maximum height of any building shall be as required for the district in which the office park is located.

Coverage. The maximum land area covered by buildings and other impervious cover shall be 10% of the tract area.

Development regulations.

Performance standards. All activities of the office park development and operation shall comply with all regulations governing such a use by such agencies as the Pennsylvania Department of Environmental Protection (DEP), the Pennsylvania Department of Transportation (DOT) and the Pennsylvania Department of Labor and Industry (DL&I).

Supplementary regulations. (See Article VIII).

Subdividing and developing. Since an office park is a land development as defined in Article III, it shall also be subject to the regulations found in Chapter 305, Subdivision and Land Development.

Solid waste facilities (I-2 District).

Purpose. The purpose of this use is to regulate the siting of solid waste facilities within the Borough and to provide for the appropriate disposal of solid waste in accordance with the requirements of the Pennsylvania Department of Environmental Protection.

Use regulations.

Solid waste facilities, when authorized by this chapter, shall be permitted in the I-2 District, Heavy Industry. Under no circumstances, however, shall a landfill proposed under this chapter be utilized for the storage of wastes characterized by the Pennsylvania Department of Environmental Protection as toxic, hazardous or radioactive waste. Such solid waste facilities shall comply with all of the regulations of the Pennsylvania Department of Environmental Protection for such facilities and the following additional regulations and conditions:

Evidence of compliance with all other local, state and federal laws regulating the design, siting, permitting and use of such facilities.

[2]

All such uses shall provide a fifty-foot-deep buffer zone along the perimeter of the property line. Said buffer zone shall include natural screening (i.e., trees and shrubs) adequate to completely visually screen such uses from neighboring properties. The fence or wall required in this section must be located inside of the buffer zone at least 15 feet from the perimeter of the property.

[3]

All such uses shall be permitted to operate only between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and 7:00 a.m. to 12:00 noon on Saturday and are not permitted to operate on Sundays or legal holidays. In no event shall filled or partially filled solid waste vehicles be allowed to remain on site after closing time.

Exemptions.

Exempt from the provisions of this part of this chapter are vehicles having less than one cubic yard of solid waste and vehicles parked in retail business establishments for a reasonable amount of time, not to exceed three hours, while the operator makes use of the establishment.

[2]

Exempt from this chapter are solid waste containers, limited to 15 cubic yards in size, designed to store but not transport the solid waste from retail business establishments, wholesale business establishments and residences.

[3]

This chapter is not intended to regulate the solid waste facilities and/or operations of the Borough of Throop, a municipal corporation; and therefore, by this statement, the Borough of Throop is exempt from all aspects of this chapter except for the administration and enforcement of this chapter with respect to others.

Dimensional regulations.

Minimum tract area. The minimum tract area shall be 300 acres.

Minimum tract width. The minimum tract width shall be 1,000 feet.

Minimum yards. All yard setbacks, front, side and rear, shall be 300 feet in depth as measured from the street line or from the side or rear district lines or from a property line in different ownership but in the same use.

Height. The maximum height of any building shall be as required for the district in which the facility is located.

Coverage. The maximum land area covered by buildings and other impervious cover shall be 1% of the tract area.

(f)

Distance to nearest use. All such uses shall be located no closer than 300 feet from any residential or commercial zone, existing public right-of-way, rivers and streams, the property lines of a residential property, recreational facility or cemetery.

Development regulations.

Performance standards. All activities of the sanitary landfill operation shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, rodents, hazards, soil erosion and sediment runoff and any other side effects of the operation deemed injurious to the public health, safety and welfare by such agencies as the United States Environmental Protection Agency (EPA), the United States Occupational Safety and Health Administration (OSHA), the United States Natural Resources Conservation Service (NRCS), the Pennsylvania Department of Environmental Protection (DEP), the Pennsylvania Department of Health and the Pennsylvania Department of Labor and Industry (DL&I).

Buffer area. A buffer area shall be required along all boundary lines of the tract and within the tract. The buffer may include the required tract setbacks and shall be used for no other purpose than landscaping and access roads which cross the buffer. The buffer shall be an area of not less than 100 feet in width and shall be planted and maintained in a screen planting of materials prescribed in Article VIII. In addition, all such facilities shall be surrounded by a fence or wall having a minimum height of 10 feet, and such fence or wall shall be of such quality as not to detract from the character of the surrounding area. The required fence must be located inside of the required buffer zone at least 15 feet from the perimeter of the property.

Design and operation. No sanitary landfill shall be allowed until approved as to design by the Pennsylvania Department of Environmental Protection, and no operation shall be allowed to continue except in conformance with the operational regulations for landfills of the Pennsylvania Department of Environmental Protection.

Sewer Authority approval. Evidence of the approval of the Lower Lackawanna Valley Sanitary Authority of a pretreatment permit for the facility, if required.

Fencing. All such facilities shall be surrounded by fence or wall having a minimum height of 10 feet, which height shall be adequate to screen such uses and the contents thereof from adjacent property. Such fence or wall shall not detract from the character of the adjacent land uses.

(f)

Evidence of nuisance control. Provide adequate documentation to the satisfaction of the Borough that the proposed facility will take effective measures to prevent and control hazards and/or nuisances from vectors, odors, noise, vibrations, dust and other nuisances, including litter.

(g)

Erosion and sedimentation control plan. Provide an erosion and sedimentation control plan and a stormwater control plan prepared in accordance with state and federal guidelines for such studies by a professional engineer using accepted engineering principles and implement such plans prior to the beginning of construction and of operation.

(h)

Protection of surface water and groundwater. Provide the Borough with a surface water and groundwater study for proposed operation prepared in accordance with state and federal guidelines for such studies by a professional engineer. This study shall detail the surface and subsurface water conditions and explain the precautions that will be undertaken to prevent any subsurface or groundwater contamination from the proposed facility.

Supplementary regulations. (See Article VIII.)