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Borough of Ben Avon, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 738, 8/18/2009]
See Article XI. Special exception uses are subject to general standards and criteria set forth in this Ordinance as well as to the express standards and criteria set forth for specific special exception uses in this Article.
[Ord. 738, 8/18/2009]
Garden apartments shall be a permitted special exception subject to the following conditions and/or standards in addition to those listed in § 2000-600:
A. 
Parking spaces shall be located no more than 300 feet from the apartment's primary entrance.
B. 
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
C. 
The means of a building's ingress and egress shall meet requirements as outlined in the applicable Borough's Building Code.
D. 
A twelve-foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
E. 
The maximum number of units per building shall not exceed 24.
F. 
All dumpsters and/or waste collection areas shall be located at least 50 feet from nearest residential unit. Dumpsters shall be located in the rear setback yard and shall be screened with an earth berm, landscaped bufferyard, fence or wall with a minimum height of eight feet and a minimum opacity of 80%.
G. 
The primary vehicular entrance to a garden apartment development shall, at a minimum, have direct access to a collector road.
H. 
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
I. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one foot candle.
J. 
Bufferyards between a garden apartment development and any other adjacent residential lot shall be increased by 10 feet in addition to the required bufferyard width. Landscaping, within this additional width, shall be provided according to spacing, quantity and type of plants specified by the applicable Borough.
K. 
Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical (3:1) ratio.
L. 
If the parking area for a garden apartment development is adjacent to a single-family residential lot and demands greater than 10 automobiles, the following shall apply:
(1) 
An additional ten-foot bufferyard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots.
(a) 
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas.
(b) 
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.
[Ord. 738, 8/18/2009]
A boarding house shall be a permitted special exception subject to the following conditions and/or standards in addition to those listed in § 2000-600:
A. 
All off-street parking shall be provided on the lot.
B. 
Exterior lighting for parking areas shall be reduced to 50% luminosity after 11:00 p.m.
C. 
Off-street parking shall be screened with an earth berm, landscaped bufferyard, fence or wall within a minimum height of four feet and a minimum opacity of 80%.
D. 
Building height and setbacks shall be consistent with surrounding development.
E. 
All rooms available for boarding shall be located within the lot's principal building.
F. 
Dumpsters shall be located in the rear setback yard and shall be screened with an earth berm, landscaped bufferyard, fence or wall with a minimum height of eight feet and a minimum opacity of 80%.
[Ord. 738, 8/18/2009]
A duplex shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Bufferyards between a duplex and adjacent residential lots shall be increased by 10 feet in width. Landscaping, within this additional width, shall be provided in accordance with the spacing, quantity and type of plants recommendations made by the applicable Borough.
B. 
The primary vehicular entrance to the townhouse development shall, at a minimum, have direct access to a collector road.
C. 
Maximum height of outdoor parking area and roadway lighting shall be 25 feet.
D. 
The landowner and/or developer shall provide a plan for photometrics of the lot. To minimize undesirable impacts on adjacent lots, illumination, when measured at a lot line, shall be a maximum of one footcandle.
E. 
Access to the rear of any duplex lot shall not be encumbered by development.
F. 
Comments and restrictions shall be required for the final approval of all major land developments that incorporate duplexes.
G. 
Any development shall be provided with public sewage as approved by the applicable Borough.
[Ord. 738, 8/18/2009]
A quadplex shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Bufferyards between a quadplex development and adjacent residential lots shall be increased by 10 feet in width. Landscaping, within this additional width, shall be provided in accordance with the spacing, quantity and type of plants recommendations made by the individual Borough.
B. 
Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical (3:1) ratio.
C. 
The primary vehicular entrance to the quadplex shall, at a minimum, have direct access to a collector road.
D. 
Maximum height of outdoor parking area and roadway lighting shall be 25 feet.
E. 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. To minimize undesirable impacts on adjacent lots, illumination, when measured at a lot line, shall be a maximum of one footcandle.
F. 
Any development shall be provided with public sewage as approved by the applicable Borough.
[Ord. 738, 8/18/2009]
A single-family dwelling shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A plan illustrating lot access shall be submitted for review and approval. Access to Route 65 shall demonstrate adequate safety and distance from any intersection or other existing adjacent driveway.
[Ord. 738, 8/18/2009]
A townhouse shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Bufferyards between a townhouse development and adjacent residential lots shall be increased by 10 feet in width. Landscaping, within this additional width, shall be provided in accordance with the spacing, quantity and type of plants recommendations from the applicable Borough.
B. 
Maximum height of outdoor parking area and roadway lighting shall be 25 feet.
C. 
The landowner and/or developer shall provide a plan for photometrics of the lot. To minimize undesirable impacts on adjacent lots, illumination, when measured at a lot line, shall be a maximum of one footcandle.
D. 
Access to the rear of any townhouse and/or duplex lot shall not be encumbered by development.
E. 
Comments and restrictions shall be required for the final approval of all major land developments that incorporate townhouses and/or condominiums.
F. 
Any development shall be provided with public sewage as approved by the applicable Borough.
[Ord. 738, 8/18/2009]
Agricultural activities shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Raising, breeding, and/or slaughtering of livestock shall not be permitted.
B. 
A commercial feed lot shall not be permitted.
C. 
All agriculture-related building shall not be closer to any lot line than 150 feet.
D. 
Surface water runoff from areas where animals are enclosed shall be diverted away from adjacent residential properties and shall not contaminate downstream watercourses.
E. 
Any new operation or expansion of an existing agricultural operation shall not be approved by the Borough until erosion and sedimentation control plan has been prepared and found satisfactory by the County Conservation District.
F. 
A list of all chemicals utilized in the propagation and care of farm products shall be filed annually with the applicable Zoning Officer.
[Ord. 738, 8/18/2009]
Automobile rental shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Automobile rental shall be located adjacent to an arterial road.
B. 
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
C. 
All outdoor display areas adjacent to a residence shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.
[Ord. 738, 8/18/2009]
Automobile sales shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All automobile sales shall be located adjacent to an arterial road.
B. 
All automobile sales shall have a maximum lot area of one acre.
C. 
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
D. 
All outdoor display areas adjacent to a residence shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.
[Ord. 738, 8/18/2009]
Automobile services shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The maximum lot area for an auto repair & service station shall be 20,000 square feet.
B. 
An automobile repair and service station shall have direct ingress/egress to an arterial road, or shall have a point of ingress/egress from a public or private street within the lot of a shopping center.
C. 
All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
D. 
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
E. 
All fuel, oil and other flammable substances shall be stored at least 25 feet from any property line.
F. 
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.
[Ord. 738, 8/18/2009]
A bed and breakfast establishment shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The operator of the bed and breakfast must be the owner of the business and shall reside on the premises.
B. 
Guests shall be limited to a maximum length of stay of 14 consecutive days in any thirty-day period.
C. 
In no instance shall the total number of guests in the bed and breakfast exceed 14 people.
D. 
The lot shall meet all area and bulk regulations of the district in which it is located.
E. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
F. 
Not more than one identification sign shall be permitted. The identification sign must conform to Article IV of this Ordinance.
G. 
All required parking spaces shall be provided on the lot and shall not be located in the front yard. There shall be one space provided for each room and one space provided for each permanent resident.
H. 
The driveway entrance and all parking areas shall be constructed of well-compacted stone or better and approved by the applicable Borough Engineer.
I. 
The use of a bed and breakfast expressly excludes alternative housing for criminal offenders, drug or alcohol rehabilitation, halfway house and similar uses.
J. 
Parking should be available on-lot. Where this is not practicable, on-street or alternate off-street parking shall be made available within 300 feet of the establishment.
K. 
If adjacent to existing residential development, all surface outdoor space must be screened with a minimum of 50% opaqueness. Outside activity must end by 11:00 p.m.
[Ord. 738, 8/18/2009]
Billboards shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Location.
(1) 
Billboards shall not be erected within 500 feet of the boundary line of any "R" District or within 500 feet of any public or private school, place of worship or cemetery, said 500 feet being measured along the radius of a circle from the center-most point of the billboard structure extending in all directions.
(2) 
Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structures of 1,000 feet. Required spacing shall be measured along both sides of the same roadway frontage from the centermost point of the billboard structure along a line extending from the centermost point of the billboard that is parallel to the centerline of the roadway to which the billboard is oriented.
(3) 
The minimum front, side, and rear yard requirements applying to a principal structure as set forth within the Zoning District in which the billboard is to be located shall apply to each billboard structure.
(4) 
No billboard shall be erected in such a manner as to block the view from the road or street, of any existing business identification sign, residential or nonresidential structure, or limit or reduce the light and ventilation requirements under the applicable Borough's Building Code.
(5) 
No billboard shall be constructed within the clear sight triangle of the public street or road on which it is situated and shall not in any case obstruct or impede traffic safety.
(6) 
No sign shall be erected over any sidewalk or public right-of-way.
(7) 
Billboards shall not be part of a roof or wall nor shall they be mounted on the roof, wall, or other part of a building or any other structure.
B. 
Size and Height. A billboard shall have a maximum allowable gross surface area of 300 square feet per sign face. This gross surface area shall be permitted, provided all of the following additional requirements are met:
(1) 
A billboard shall have no more than two sign faces per billboard structure which may be placed back to back or in a V-shaped configuration having an interior angle of 90° or less.
(2) 
The dimensions of the gross surface area of the billboard's sign face shall not exceed 20 feet in total height or 25 feet in total length, provided the total allowable gross surface area for the sign face is not exceeded.
(3) 
A billboard structure shall have a maximum height of 40 feet above the curb of the roadway from which it is intended to be viewed.
C. 
Construction Methods. Billboards shall be constructed in accordance with applicable provisions of the Uniform Construction Code and shall meet all of the following additional requirements:
(1) 
The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or ornamental grasses of a minimum height of three feet. The shrubbery and/or ornamental grasses shall be placed in such manner as to screen the foundation of the structure.
(2) 
Required landscaping, as defined in Article IV of this Ordinance, shall be maintained by the billboard structure owner in an attractive and healthy manner in accordance with the Borough's accepted best management/conservation practices.
(a) 
No bare cuts shall be permitted on a hillside.
(b) 
All cuts or fills shall be permanently seeded or planted.
D. 
Lighting. A billboard with display lighting shall be constructed so that it does not glare upon an adjoining lot and shall not exceed a maximum of one foot candle upon the adjoining lot.
(1) 
Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time.
(2) 
No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other lots.
(3) 
The use of colored lighting shall not be permitted.
E. 
Appearance. No billboard structure, sign face or display lighting shall cause distractions, confusion, nuisance or hazards to traffic, aircraft or other lots.
(1) 
No sign face image shall contain parts that move, scroll, flash, glitter or emit noise.
(2) 
A sign face that rotates to display two or three separate sign face images shall be permitted providing that each image is displayed for at least 30 consecutive seconds every time it is shown.
(3) 
A maximum of 75 square feet of a sign face may be used to display a changeable copy sign. Lettering and other images on the changeable copy sign shall be displayed for at least 30 consecutive seconds every time it is shown.
F. 
Maintenance.
(1) 
A billboard structure shall be entirely painted every three years, unless constructed of an approved corrosive-resistant material.
(2) 
Every 10 years, the owner of the billboard structure shall have a structural inspection made of the billboard by a registered engineer and shall provide to the applicable Borough a certificate from the engineer certifying that the billboard is structurally sound.
(3) 
Each Borough reserves the right to perform annual inspections of the billboard to determine compliance with this Ordinance.
(4) 
Billboards found to be in violation of this Ordinance shall be brought into compliance or removed within 30 days upon proper notification by the appropriate Borough.
(5) 
Billboards using removable paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All loose paper and other waste materials shall be removed and disposed of properly within 14 days from when fraying begins.
G. 
Liability Insurance.
(1) 
In submitting a sign permit application to erect a billboard, the applicant shall provide a certificate of insurance for public liability and lot damage which holds the Borough harmless. The amount of insurance to be maintained shall be determined and adjusted from time to time by resolution of the Borough Council. The insurance certificate shall contain a clause stating that the insurance shall not be cancelled or reduced without first giving 10 days' notice to the Borough.
H. 
Permits.
(1) 
Prior to submission of an application for a sign permit, the applicant for a billboard shall obtain and submit with the application, approvals from the County of Allegheny and the Pennsylvania Department of Transportation, when applicable.
(2) 
Approval of the special exception use shall be valid for six months from the date of action by the applicable Zoning Hearing Board granting the conditional use. If the applicant fails to obtain a sign permit for the approved billboard within the six-month period, approval of the special exception use shall expire automatically, without written notice to the applicant.
I. 
Application Fees.
(1) 
Said billboard application shall be accompanied by an application fee in an amount equal to that set from time to time by resolution of the Borough Council.
J. 
Nonconforming Billboards.
(1) 
Any billboard that does not conform to all the requirements of this section shall not be enlarged or moved.
(2) 
Any billboard that is damaged or destroyed by more than 51% of its replacement value at the time of damage or destruction shall be reconstructed only in compliance with all provisions of this Section.
[Ord. 738, 8/18/2009]
A car wash shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The definition of a car wash does not include a one-bay washing facility in a service station where washing facilities are purely incidental to the operation.
B. 
A car wash shall provide a minimum of three stacking spaces per washing bay.
C. 
Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to insure that the traffic flow on public rights-of-way is not endangered in any way. A separate means of ingress shall be established and clearly marked, as shall be a separate means of egress from the car wash. It shall be the responsibility of the owner to avoid any congestion in the public right-of-way by directing traffic away from the facility by posting a "Temporarily Closed" sign by other means. Traffic studies and associated improvements may be required by the Borough as a condition of approval.
D. 
The car wash shall have direct access to an arterial or collector road as defined by this Ordinance or shall have a point of ingress/egress from a public or private street within the lot of a shopping center. The road shall have sufficient capacity to handle traffic generated by the facility.
E. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
F. 
All equipment related to the operation of the car wash shall be properly screened to minimize nuisances to adjoining lots.
G. 
A car wash that adjoins an existing nonresidential lot shall be buffered in accordance with this Ordinance. Grass, sod or turf shall not be considered an acceptable plant for use within landscaped bufferyards.
[Ord. 738, 8/18/2009]
A cemetery shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The maximum lot area shall be 50 acres.
B. 
A drainage plan, showing the lot's existing and proposed runoff characteristics, shall be submitted with the application for approval.
C. 
Plans for ingress, egress and internal traffic circulation on the lot shall be submitted for comments regarding public safety to PennDOT and/or applicable Borough Engineer.
D. 
Parking for principal structures such as chapels or mausoleums shall be provided in accordance with the requirements of this Ordinance.
E. 
An additional 10 feet of yard setback with landscaping a minimum of six feet in height for off-street parking, loading areas, outdoor service areas and storage areas shall be provided as defined by this Ordinance to protect the surrounding residences from in appropriate light and other disturbances.
F. 
At no time shall a corpse be exposed or visible from a public right-of-way or adjacent lot.
G. 
The hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from inappropriate noise, dust, odor, vibration, light or other disturbance on interruption as defined by this Ordinance.
H. 
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted.
I. 
The owner(s) and operator(s) of a cemetery shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
[Ord. 738, 8/18/2009]
A cinema shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
C. 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the applicable Borough Engineer to ensure employee and visitor safety.
D. 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
E. 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
[Ord. 738, 8/18/2009]
A community center shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A community center shall be designed in such a way that conforms to surrounding lots and structures.
B. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
[Ord. 738, 8/18/2009]
A conference center shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A conference center's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
C. 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Engineer to ensure employee and visitor safety.
D. 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
E. 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
[Ord. 738, 8/18/2009]
A convenience store shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
B. 
Building and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
C. 
Buffering of parking and loading areas shall be provided in accordance with this Ordinance.
D. 
As part of all land development, the landowner and for developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one foot candle.
E. 
A traffic impact study shall be required to be submitted where the proposed development, according to the institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak hour volumes.
[Ord. 738, 8/18/2009]
A country club and/or golf course shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
B. 
An additional 10 feet of yard setback with a landscape screen in conformance with the bufferyard requirements of this Ordinance. The intention of the Bufferyard shall be to protect the surrounding neighborhood from inappropriate light and other disturbances.
C. 
The outer safety zone of all golf holes, as recommended by the United States Golf Association, shall be a minimum of 50 feet from all adjacent residential lots.
D. 
A country club or golf course's hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, disturbance or interruption.
E. 
The owner(s) and operator(s) of a country club or golf course shall be responsible for the conduct and safety of the members, visitors or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by the members, visitors and guests.
F. 
The site shall be served by public water and public sanitary sewer.
G. 
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids is permitted with the exception of lawn chemicals and gasoline, diesel fuel and oil for the operations and maintenance of motorized vehicles and equipment.
H. 
The owner(s) and operator(s) of a country club or golf course shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
[Ord. 738, 8/18/2009]
A day care center shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The facility shall be licensed as such by the Commonwealth of Pennsylvania.
B. 
Ingress and egress to the site shall be designed to assure the safe dropping off and pick up children. All drop-off locations shall be designed so as to not interfere with the free flow of traffic on adjacent streets.
C. 
Outdoor play areas shall be provided and shall be secured by a fence, at least four feet in height, with a self-latching gate.
D. 
Exterior open space shall be provided, being usable and accessible only for the children at a minimum ratio of 100 square feet per child. Interior space shall be provided as per the regulations of the Pennsylvania Department of Welfare. In addition, other lot and area requirements within the Zoning District in which the day care center is proposed shall apply.
E. 
Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength may be required along the lot's perimeter for the protection of those using the day care center.
F. 
Outdoor play areas that adjoin residential lots shall be screened as per the screening requirements of this document.
G. 
The general safety of a day care center site shall be evaluated as it relates to the needs of small children.
H. 
Off-street parking shall be provided in accordance with the requirements of this Ordinance.
[Ord. 738, 8/18/2009]
A day care home shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Exterior open space shall be provided, being usable and accessible only for the children at a minimum ratio of 100 square feet per child. Interior space shall be provided as per the regulations of the Pennsylvania Department of Welfare. In addition, other lot and area requirements within the Zoning District in which the day-care center is proposed shall apply.
B. 
Off-street parking spaces required for day care homes shall be one for each 300 square feet of gross floor area with a minimum of four spaces.
C. 
Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength by the applicable Borough may be required along the lot's perimeter for the protection of those using the day care home.
D. 
All drop-off locations shall not interfere with the free flow of traffic on adjacent streets.
E. 
Any applicable licensing shall be current, available and provided for Borough reference upon inquiry.
[Ord. 738, 8/18/2009]
A driving range shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All parking areas adjacent to an existing residential lot shall provide a screen with a minimum height of six feet. Screens shall be constructed as earth berm, landscaped bufferyards, fence or wall and should have a minimum opacity of 80%.
B. 
Range areas shall provide a minimum safety setback of 50 feet between the outermost boundary of the range and the closest property line.
C. 
Service areas maintenance areas/facilities and dumpster areas shall be screened from adjacent residences with a screen with a minimum height of eight feet. Screens shall be constructed as earth berm, landscaped bufferyards, fence or wall and shall have a minimum opacity of 8%.
D. 
Exterior lighting for parking areas visible from residences adjacent to or in proximity of as determined by the applicable Zoning Hearing Board shall be reduced to 50% luminosity after 11:00 p.m.
[Ord. 738, 8/18/2009]
A dry cleaning facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All materials and equipment shall be stored within a completely enclosed building.
B. 
The use shall comply with all performance standards specified in this Ordinance.
C. 
The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.
[Ord. 738, 8/18/2009]
An emergency services facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
An access analysis shall be conducted in order to evaluate sight distance and to identify appropriate site access points. Special traffic signage control and lighting may need to be provided pending the access analysis.
B. 
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
[Ord. 738, 8/18/2009]
An exercise facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All pools, courts, or other comparable facilities shall be considered structures for the purpose of this Ordinance.
B. 
Lot coverage shall not exceed 50% of the tract.
C. 
The facility area and lot boundaries shall be landscape as required by this Ordinance to minimize noise projection and make the grounds aesthetically compatible to surrounding properties.
D. 
All structures shall not be less than 100 feet from any lot line, and no less than 200 feet from the nearest house.
E. 
All facilities shall have a paved parking area in accordance with this Ordinance, and it shall not be closer than 25 feet to any residential line.
F. 
All facilities shall abut a public road and have a permanent access thereto.
G. 
Alcoholic beverages without a state liquor control board license, amplified music, and juke boxes shall be prohibited on the premises. Alcoholic beverages shall not be permitted in the Borough of Bellevue unless authorized as a BYOB establishment as defined by this Ordinance.
H. 
No direct or sky-reflected glare, whether from floodlights or any kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
I. 
Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods. The Borough maintains the authority to limit hours based on the intensity of use and location of the facility.
J. 
All outside pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present, and shall be constructed in accordance with all applicable State requirements.
[Ord. 738, 8/18/2009]
A farmers market shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All parking areas adjacent to an existing residential lot shall provide a screen with a minimum height of six feet. Screens shall be constructed as earth berm, landscaped bufferyards, fence or wall and should have a minimum opacity of 80%.
B. 
Service areas maintenance areas/facilities and dumpster areas shall be screened from adjacent residences with a screen with a minimum height of eight feet. Screens shall be constructed as an earth berm, landscaped bufferyards, fence or wall and shall have a minimum opacity of 80%.
C. 
A maximum of two signs shall be erected per site.
D. 
Any temporary signage erected during hours of operation shall be removed daily.
E. 
A farmers market shall not operate after dark.
[Ord. 738, 8/18/2009]
A feed store shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Outside storage shall be screened as per the regulations set forth in this Ordinance.
B. 
Exterior lighting for parking areas visible from adjacent residential lots shall be reduced to 50% luminosity after 11:00 p.m.
C. 
Buffering of loading area shall be in accordance with this Ordinance.
D. 
Outside storage must be securely stored to eliminate wind and pest disturbance.
[Ord. 738, 8/18/2009]
A food packaging facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All food packaging activities shall be in compliance with Allegheny County Health Department regulations.
B. 
The Allegheny County Health Department and the applicable Zoning Officer reserve the right and shall be permitted to inspect operations and facilities without prior notice.
C. 
Loading areas/docks shall be screened as per the regulations in this Ordinance.
D. 
No outdoor storage shall be permitted on a lot associated with food packaging.
E. 
Approval shall be subject to periodic inspections to insure compliance with the conditions of approval. The applicable Zoning Officer shall notify the operator 48 hours before such inspection shall take place.
[Ord. 738, 8/18/2009]
A funeral home shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All off-street parking must be provided on the lot.
B. 
Exterior lighting for parking areas shall be reduced to half power after 11:00 p.m.
C. 
Off-street parking shall be screened with an earth berm, landscaped bufferyard, fence or wall within a maximum height of six feet and a minimum opacity of 80%.
D. 
Building and parking setbacks shall be consistent with surrounding development.
E. 
All rooms available for funerals and viewing shall be located within the lot's principal building.
F. 
Dumpsters shall be located in the rear yard setback and shall be screened with an earth berm, landscaped bufferyard, fence or wall with a maximum height of eight feet and a minimum opacity of 80%.
[Ord. 738, 8/18/2009]
A gasoline/energy recharge station shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
B. 
In order to ensure pedestrian safety, access and circulation for both customers and deliveries/loading shall be posted on the lot.
C. 
Loading areas and docks shall be screened with either landscaping or fencing from neighboring uses.
D. 
Lighting associated with any canopy constructed on the lot shall be installed as internal illumination of the canopy only.
E. 
Dumpsters shall be located in the rear of a lot and shall be screened with an earth berm, landscaped bufferyard, fence or wall with a maximum height of eight feet and a minimum opacity of 80%.
F. 
Access driveways shall be a minimum of 28 feet wide and separated by 100 feet from one another, if located along the same frontage as measured from edge to edge.
G. 
The storage of motor vehicles (whether capable of movement or not) for more than one month is prohibited.
[Ord. 738, 8/18/2009]
A grocery store shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhoods.
B. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one foot candle.
C. 
A grocery store shall have a maximum of two points of ingress/egress to an arterial or collector street as defined by this Ordinance.
[Ord. 738, 8/18/2009]
Home based businesses shall be a permitted special exception use subject to the following minimum standards and criteria, in addition to those listed in § 2000-600:
A. 
The home based business shall be carried on wholly within the principal or accessory structures.
B. 
No more than 15% of the gross floor area of the principal dwelling and any accessory structures used shall be devoted to the conduct of the home occupation.
C. 
Articles not produced on the premises shall not be sold on the premises.
D. 
There shall be no display of merchandise available for sale on the premises; however, merchandise may be stored on the premise for delivery off the premises.
E. 
Exterior displays or signs other than those permitted in Article X of this Ordinance, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
F. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of § 2000-900 of this Ordinance.
G. 
The use shall not significantly intensify vehicular or pedestrian traffic, which is normal for the residences in the neighborhood.
H. 
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.
I. 
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 purposes.
J. 
The use shall not 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.
K. 
The use shall not cause a negative impact on lot values in the immediate neighborhood.
L. 
The home based business shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be permitted to be parked on the premises.
M. 
The following uses shall not be considered home based business and shall be restricted to the Zoning Districts in which they are specifically authorized as permitted uses or uses by special exception, including, but not limited to:
(1) 
Beauty shops or barber shops containing more than two chairs.
(2) 
Clinics, hospitals or nursing homes.
(3) 
Funeral/mortuary;
(4) 
Kennels, veterinary offices and clinics.
(5) 
Private instruction to more than three students at a time.
(6) 
Restaurants or tearooms.
(7) 
Tourist or boarding homes.
(8) 
Vehicle or equipment rental, repair or sales.
(9) 
Vehicle repair garages, as defined by this Ordinance.
(10) 
Short Term Rentals.
[Added by Ord. No. 784, 3/19/2019]
[Ord. 738, 8/18/2009]
A hotel shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The location, orientation and lot circulation shall be such as to minimize the disturbance to surrounding uses.
B. 
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 9:00 p.m. and shall be screened as per this Ordinance.
C. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
[Ord. 738, 8/18/2009]
A kennel shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Such uses shall be located at least 100 feet from any property line adjoining an existing residential lot and at least 50 feet from any other property line or public right of way as defined by this Ordinance.
B. 
The minimum lot area shall be two acres.
C. 
Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot high compact hedge or 100% opaque fence on all sides which are visible from an existing residential lot or a public right-of-way.
D. 
If adjacent properties are developed as residential lots, the kennels shall be soundproofed to minimize noise impact on adjacent properties.
E. 
The kennel shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the Allegheny County Health Department shall be maintained.
F. 
At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.
G. 
Approval shall be subject to periodic inspections to insure compliance with the conditions of approval. The applicable Zoning Officer shall notify the operator 48 hours before such inspection shall take place.
[Ord. 738, 8/18/2009]
A nursery shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600.
A. 
The location, orientation and lot circulation shall be such as to minimize the disturbance of the surrounding open space.
B. 
Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited for this use.
C. 
Site grading shall be completed to ensure that surface runoff is directed away from any and all material storage areas.
D. 
An eight-foot high screen shall be constructed around the perimeter of a storage area if equipment and/or materials are not contained within an enclosed building/area. The screen shall be measured from the average grade of the adjacent ground, unless otherwise defined by the applicable Borough. The screen shall be 80% opaque and composed of finished masonry, wood, or black or green vinyl-covered chain link fencing with eight-foot high evergreen plantings on the exterior side of the fence.
E. 
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted, with the exception of gasoline, diesel, fuel and oil for the operation and maintenance of motorized vehicles and equipment.
F. 
The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.
G. 
No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.
[Ord. 738, 8/18/2009]
A medical office shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
[Ord. 738, 8/18/2009]
A private, surface parking lot shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A parking lot shall not be accessed within 50 feet of a roadway intersection.
B. 
The perimeter of a parking lot along a public right-of-way shall be landscape with a minimum of a three-foot high hedge or screened with a minimum four-foot high masonry wall.
[Ord. 738, 8/18/2009]
A private parking structure lot shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
If the parking structure is accessory to the principal use of a lot, it shall be included in all building coverage calculations.
B. 
A parking structure shall be illuminated in conformance to the requirements of this Ordinance and any applicable provisions outlined in the applicable Borough's Subdivision and Land Development Ordinance [Ordinance 22.]
C. 
A parking structure shall not be located any closer to a right-of-way line or a property line than what is permitted by the building setbacks defined in this Ordinance.
D. 
The perimeter of a parking structure shall be landscaped in conformance to the bufferyard and landscaping requirements of this Ordinance.
E. 
Lot shall have a maximum of one identification sign per ingress/egress point.
F. 
Ingress/egress points must be designed so as not to impact surrounding development and traffic patterns.
G. 
All lots located adjacent to existing residential development shall reduce exterior lights to half power after 9:00 p.m. and shall be screened per this Ordinance.
[Ord. 738, 8/18/2009]
A pet cemetery shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A pet cemetery shall have a minimum lot area of five acres.
B. 
A drainage plan, showing the lot's existing and proposed runoff characteristics, shall be submitted with the application for approval.
C. 
An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for off-street parking, loading areas, outdoor service areas and storage areas shall be provided as defined by this Ordinance to protect the surrounding neighborhood from inappropriate light and other disturbances.
D. 
At no time shall a carcass be exposed or visible from a public street or adjacent lot.
E. 
An inventory of type and quantity of all toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids utilized, stored and/or transferred shall be filed with the Allegheny County Health Department on an annual basis.
F. 
The owner(s) and operator(s) of a pet cemetery shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
G. 
No more than one sign shall be permitted; said sign shall be a ground or a wall sign.
[Ord. 738, 8/18/2009]
A place of assembly shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A place of assembly's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
C. 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the Engineer to ensure employee and visitor safety.
D. 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
E. 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
F. 
The applicable Zoning Hearing Board may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.
[Ord. 738, 8/18/2009]
A place of worship shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A place of worship's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
C. 
The number of points of ingress/egress shall be based upon projected peak hour traffic for the use and approved by the respective applicable Borough Engineer to ensure employee and visitor safety.
D. 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
E. 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
F. 
The applicable Zoning Hearing Board may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.
[Ord. 738, 8/18/2009]
A post office shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
B. 
Loading facilities shall be located in the rear of the building and shall be screened as per this Ordinance.
C. 
Dedicated access to loading facilities shall be provided so as to minimize interruptions to vehicular and/or pedestrian access to the primary post office facilities.
[Ord. 738, 8/18/2009]
A public facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The location, orientation and lot circulation shall be such as to minimize the disturbance of the surrounding open space.
B. 
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 9:00 p.m. and shall be screened as per this Ordinance.
[Ord. 738, 8/18/2009]
A public safety building shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Lot dimensions and bulk requirements/restrictions shall conform to the district regulations in which the building is located.
B. 
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 9:00 p.m. and shall be screened as per this Ordinance.
[Ord. 738, 8/18/2009]
A public works facility shall be a permitted special exception subject to the following minimum standards, in addition to those listed in § 2000-600:
A. 
The location, orientation and lot circulation shall be such as to minimize the disturbance of the surrounding open space.
B. 
If the parking area for a public works facility is adjacent to a single-family residential lot, the following shall apply:
(1) 
An additional twenty-foot setback with one and one-half times the required number of plants for screening and buffering activities that occur on the premises.
(2) 
Maximum height of lighting for any outdoor parking area and/or roadway shall be 20 feet.
(3) 
As part of all development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of 0.25 foot-candles.
C. 
The applicable Zoning Hearing Board may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.
D. 
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 9:00 p.m. and shall be screened per this Ordinance.
E. 
No storage or transfer of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be permitted with the exception of gasoline, diesel, fuel and oil for the operation and maintenance of motorized vehicles and equipment.
F. 
Facility shall have a maximum of one identification sign.
[Ord. 738, 8/18/2009]
A railroad facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Lines adjacent to the existing development shall be adequately screened with a twenty-foot deep, eight-foot high lot with a minimum opaqueness of 80%.
[Ord. 738, 8/18/2009]
An indoor recreation facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All indoor recreation facilities shall be located along an arterial or collector road as defined by this Ordinance.
B. 
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 11:00 p.m. and shall be screened as per this Ordinance.
C. 
Grass, sod or turf shall not be considered an acceptable plant for use within landscaped bufferyards.
D. 
All off-street parking shall be located on the lot.
E. 
All lots used for indoor recreation facilities shall have a minimum of two points of ingress and egress.
F. 
All dumpsters, not incorporated into the principle building, shall be located in the rear yard setback and shall be screened with masonry or vegetation. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.
G. 
All indoor recreation facilities shall have a maximum gross floor area of 40,000 square feet.
[Ord. 738, 8/18/2009]
Outdoor recreation shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A minimum site of one acre shall be required.
B. 
All principal structures shall be located at least 40 feet from any property lot.
C. 
Parking shall be provided in accordance with this Ordinance.
D. 
Screening as defined by this Ordinance shall be provided along all lot lines adjoining residential use or Zoning District classification.
E. 
All lighting shall be shielded from adjacent streets and properties.
F. 
The use shall comply with the performance standards of this Ordinance.
G. 
Any facility located within 200 feet of a property line adjoining a residential use or zoning classification shall cease operations at 12:00 midnight.
[Ord. 738, 8/18/2009]
A research facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this Ordinance.
B. 
A research, testing and development facility shall have one point of ingress and egress to an arterial road as defined by this Ordinance.
C. 
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
D. 
All interior driveways and parking areas shall be paved with a material to reduce dust.
E. 
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and filed with the local fire department and the Allegheny County 911 service.
[Ord. 738, 8/18/2009]
A roadside stand shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All facilities shall be located on a private parcel and not in a public right-of-way.
B. 
A roadside stand shall possess a valid permit issued by the applicable Borough's __________.[1]
[1]
Editor's Note: The Ordinance as written does not specify which Borough official is responsible for issuance of a roadside stand permit. Please see the Borough Secretary for more information.
C. 
Parking areas shall be provided such that no part of any vehicle is located in a public right-of-way while parked.
D. 
No more than one identification sign associated with advertising the roadside stand shall be permitted. The permitted sign shall be a ground or wall sign and shall have a maximum graphic area of 40 square feet.
E. 
Approval shall be subject to periodic inspections to insure compliance with the conditions of approval. The applicable Zoning Officer shall notify the operator 48 hours before such inspection shall take place.
[Ord. 738, 8/18/2009]
An academic school shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
An academic school's primary visitor drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
[Ord. 738, 8/18/2009]
A commercial school shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
[Ord. 738, 8/18/2009]
A kindergarten, pre-school, or nursery school shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A primary or nursery school's primary drop-off and pick-up area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
A traffic impact study shall be required to be submitted, where the proposed development according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
[Ord. 738, 8/18/2009]
A self-service storage facility shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
All access routes to self-service storage facilities shall be provided with ten-foot wide adjacent parking lanes. One-way access routes shall have one travel land not less than 15 feet in width in addition to the ten-foot parking lane. All two-way access routes serving self-service storage facilities shall have two twelve-foot wide travel lanes, each of which shall be provided with an adjacent ten-foot wide parking lane.
B. 
The storage of hazardous materials such as toxic or explosive substances shall be prohibited.
C. 
Wholesale or retail sales, garage sales, flea markets, or outside storage is prohibited.
D. 
All structures shall be oriented in such a way that individual storage units are not accessed from the front of the building.
E. 
The maximum size of the individual storage units shall be 500 square feet.
[Ord. 738, 8/18/2009]
Outside storage shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
The storage of hazardous materials such as toxic or explosive materials shall be prohibited.
B. 
Loading areas and docks shall be screened as per the regulations of this Ordinance.
C. 
All lighting shall be shielded from adjacent streets and properties.
[Ord. 738, 8/18/2009]
A public swimming pool shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A public swimming pool's hours of operation and activities shall be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.
B. 
A registered lifeguard shall be on duty at all times when the swimming pool is being used.
C. 
A plan for ingress and egress shall be presented inclusive of anticipated peak hour rates and vehicular directional movements.
[Ord. 738, 8/18/2009]
A tattoo/piercing establishment shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Dumpsters shall be enclosed and sealed in a manner as to ensure inaccessibility to the general public.
[Ord. 738, 8/18/2009]
A freight terminal shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A circulation plan shall be submitted detailing the proposed siting of all vehicular safety signage.
B. 
To the greatest extent practicable, at-grade vehicular crossings of rail lines shall be avoided.
[Ord. 738, 8/18/2009]
A passenger terminal shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
A circulation plan shall be submitted detailing the proposed siting of all vehicular safety signage.
B. 
To the greatest extent practicable, at-grade vehicular crossings of rail lines shall be avoided.
[Ord. 738, 8/18/2009]
A wholesale business shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A. 
Building shall be substantially similar in design and appearance to a retail sales operation.
B. 
The business shall not generate an unusually large volume of truck traffic.
C. 
No manufacturing or major assembly of products shall occur on the premises.
D. 
Areas associated with loading shall be screened with landscaping or fencing from neighboring use(s).
[Added by Ord. No. 784, 3/19/2019]
Short Term rentals shall be a permitted special exception.
A. 
Short Term Rentals shall be carried on wholly within the principal or accessory structures.
B. 
Exterior displays or signs other than those permitted in Article X of this Ordinance, exterior storage of material and exterior indication of the Short Term Rental or variation from the residential character of the principal structure shall not be permitted.
C. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of § 900 of this Ordinance.
D. 
The use shall not significantly intensify vehicular or pedestrian traffic, which is normal for the residences in the neighborhood.
E. 
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.
F. 
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 purposes.
G. 
The use shall not 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.
H. 
The use shall not cause a negative impact on lot values in the immediate neighborhood.
I. 
The Short Term Rental shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be permitted to be parked on the premises.