Conditional uses as specified in Article II may be allowed or denied by the Borough Council after recommendations by the Planning Commission in accordance with the following criteria and provisions.
Applications for conditional uses will be filed with the Zoning Officer and shall be accompanied by:
An application fee in an amount equal to that set from time to time by resolution of the Borough Council.
Five copies of a site plan and supporting data which show the size, location, and topography of the site; the use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed function of all yards, open spaces, parking areas, driveways, storage areas and accessory structures; the location of all utilities; the provisions for parking, moving or loading of vehicles; and the time of construction proposed.
[Amended 3-18-1985 by Ord. No. 547]
If the application is for a conditional use in District C-1 Commercial, District C-2 Commercial or District M-1 Manufacturing and is a permitted use in a more restrictive district, the Zoning Officer may review and approve the application and may attach such conditions as he may deem necessary to the approval, or he may forward copies of the application to the Borough Council and to the Planning Commission for review and approval. The Zoning Officer shall forward copies of any other application to the Borough Council and to the Planning Commission for review and approval.
A conditional use shall be approved if, and only if, it is found to meet the following criteria:
The proposed use conforms to the district and conditional use provisions and all general regulations of this chapter.
The proposed use meets all special standards which may apply to its class of conditional uses as set forth in this article.
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons and shall comply with the performance standards of § 425-26.
The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
The proposed use shall preserve the objectives of this chapter and shall be consistent with the intent of the Comprehensive Plan.
[Amended 3-15-1982 by Ord. No. 530]
All conditional uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Borough Council may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant.
Fire protection. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
Electrical disturbances. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
Noise. Noise which is determined to be objectionable on any neighboring property because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation or other property.
Glare. Lighting devices which produce objectionable, direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
Water pollution. Water pollution shall be subject to the standards established by the Pennsylvania Department of Environmental Protection.
Permit conversion apartments as conditional uses in the R-1, R-2 and R-3 Zoning Districts.
In the R-1 and R-2 Districts, single-family dwellings can only be converted to a two-family dwelling. Such two-family conversion must comply with the lot, yard, area, height and other applicable regulations that pertain to the district in which the conversion unit is located.
In the R-3 District, single-family dwellings can be converted to a multifamily structure of three or more dwelling units. Such multifamily conversions must comply with the following lot and area requirements:
Minimum lot area: 5,000 square feet.
Minimum lot area/dwelling unit: 2;500 square feet.
Minimum front yard: 20 feet.
Minimum side yard (one side): six feet.
Total minimum side yard (both sides): 16 feet.
Minimum rear yard: 30 feet.
Minimum lot width at building line: 50 feet.
Conditions for permitting conversion apartments. Conversion apartments are permitted as conditional uses, provided:
Each unit provides a minimum of 500 square feet of habitable living area.
Each unit shall contain three habitable rooms, at least one of which shall be a bedroom, and a separate bathroom.
Separate and private sanitary facilities, cooking and dining facilities shall be provided for each living unit.
Fire and safety provisions are certified to be adequate with respect to the Borough Fire Code, as adopted.
There are two off-street parking spaces provided for each living unit.
[Added 5-20-1985 by Ord. No. 549]
The following obstructions and activities are prohibited if located partially or entirely within any floodplain area:
The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision.
Any new or substantially improved structure which:
Will be used for the production or storage of any of the dangerous materials or substances listed in Subsection B; or
Will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the dangerous materials or substances listed in Subsection B on the premises; or
Will involve the production, storage or use of any amount of radioactive substances.
The following list of materials and substances are considered dangerous to human life:
Nitric acid and oxides of nitrogen.
Petroleum products (gasoline, fuel oil, etc.).
Sulphur and sulphur products.
Pesticides (including insecticides, fungicides and rodenticides).
Radioactive substances, insofar as such substances are not otherwise regulated.
No variance shall be granted for any of the other requirements of this section.