Township of Rostraver, PA Article XII B-2 Retail Business District

§ 195-36 Statement of purpose and use summary.

[Amended 5-7-1997 by Ord. No. 341; 8-5-1998 by Ord. No. 386]

The B-2 Retail Business District is established to provide locations for general business and related activities for the use and convenience of area and district consumers. Regulations for this district are intended to generate commercial activities and associated supporting amenities, to encourage and sustain such functions, to strengthen the local economic base, to effectuate safe and efficient traffic and to provide necessary parking facilities.

A. Use permitted by right.

(1) Motels.

(2) Eating and drinking establishments.

(3) Offices.

(4) Personal and professional services.

(5) Retail businesses.

(6) Commercial indoor recreation.

(7) Public facility.

[Amended 6-2-2010 by Ord. No. 601]

(8) Fire stations.

(9) Churches.

(10) Auto sales, service and repair.

(11) Wholesale business.

(12) Mobile homes: sales, service and repair.

(13) Hospitals and clinics.

(14) Veterinary clinic.

[Amended 6-2-2010 by Ord. No. 601]

(15) Car wash.

(16) Garden center.

(17) Public utility structures.

(18) Essential services.

(19) Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act,[1] subject to the requirements of § 195-81.

[Added 9-5-2018 by Ord. No. 705[2]]

[1] Editor’s Note: See 53 P.S. § 11702.1 et seq.

[2] Editor’s Note: This ordinance also repealed former Subsection A(19), regarding essential communications antennas, and Subsection A(20), regarding commercial communications antennas, both added 5-7-1997 by Ord. No. 341.

(20) Ancillary residential/live-work unit.

[Added 7-7-2021 by Ord. No. 739]

(21) Public utility transmission tower.

[Added 5-7-1997 by Ord. No. 341]

(22) Ambulance station.

[Added 9-2-1998 by Ord. No. 387]

(23) Bank and related financial services.

[Added 9-7-2005 by Ord. No. 531]

(24) Service station.

[Added 11-6-2019 by Ord. No. 717]

(25) Shopping center.

[Added 11-6-2019 by Ord. No. 717]

(26) Artisan workspace.

[Added 7-7-2021 by Ord. No. 739]

(27) Coworking space.

[Added 7-7-2021 by Ord. No. 739]

(28) Makerspace.

[Added 7-7-2021 by Ord. No. 739]

(29) Day-care center.

[Added 7-7-2021 by Ord. No. 739]

(30) Microbrewery/microdistillery.

[Added 7-7-2021 by Ord. No. 739]

(31) Pet grooming.

[Added 7-7-2021 by Ord. No. 739]

(32) Commercial parking lot.

[Added 7-7-2021 by Ord. No. 739]

B. Conditional use.

(1) Supply yard.

(2) (Reserved)[3]

[3] Editor's Note: Former Subsection B(2), Ancillary residential, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(20).

(3) (Reserved)[4]

[4] Editor’s Note: Former Subsection B(3), Electronic variable message sign, added 12-4-2002 by Ord. No. 475, was repealed 4-5-2006 by Ord. No. 545.

(4) Billboard.

[Added 12-4-2002 by Ord. No. 475]

(5) Mini-storage facility.

[Added 4-1-2015 by Ord. No. 654]

(6) (Reserved)

(7) (Reserved)[5]

[5] Editor's Note: Former Subsection B(7), Microbrewery/microdistillery, added 6-6-2018 by Ord. No. 698, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(30).

(8) Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act[6] and communications towers, subject to the requirements of § 195-81.

[Added 9-5-2018 by Ord. No. 705]

[6] Editor’s Note: See 53 P.S. § 11702.1 et seq.

C. Special exception.

(1) Research and testing labs.

(2) (Reserved)[7]

[7] Editor's Note: Former Subsection C(2), Multifamily dwellings, was repealed 4-4-2007 by Ord. No. 562.

(3) Educational institution, commercial.

[Amended 4-2-2003 by Ord. No. 483]

(4) (Reserved)[8]

[8] Editor’s Note: Former Subsection C(4), which listed shopping centers as a special exception, was repealed 2-6-2019 by Ord. No. 712.

(5) Commercial outdoor recreation.

[Amended 4-7-2004 by Ord. No. 508]

(6) (Reserved)[9]

[9] Editor’s Note: Former Subsection C(6), regarding essential communications towers, added 5-7-1997 by Ord. No. 341, was repealed 5-7-1997 by Ord. No. 341.

(7) Blasting.

[Added 4-2-2003 by Ord. No. 483]

(8) (Reserved)[10]

[10] Editor's Note: Former Subsection C(8), Day-care/center, added 4-2-2003 by Ord. No. 483, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(29).

(9) (Reserved)[11]

[11] Editor's Note: Former Subsection C(9), Public library, added 4-2-2003 by Ord. No. 483, was repealed 6-2-2010 by Ord. No. 601.

(10) (Reserved)[12]

[12] Editor's Note: Former Subsection C(10), Pet grooming, added 5-4-2005 by Ord. No. 528, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(31).

(11) (Reserved)[13]

[13] Editor's Note: Former Subsection C(11), Commercial parking lot, added 5-4-2005 by Ord. No. 528, was repealed 7-7-2021 by Ord. No. 739. See now Subsection A(32).

(12) Model home.

[Added 5-4-2005 by Ord. No. 528]

(13) Electronic variable message sign.

[Added 4-5-2006 by Ord. No. 545]

D. Accessory use.

(1) Uses customary to principal use. (See § 195-80, Design review requirement.)

(2) Accessory solar energy system.

[Added 5-6-2020 by Ord. No. 728]

§ 195-37 Conditional use provisions.

[Amended 8-5-1998 by Ord. No. 386]

A. The following conditional uses may be authorized by the Township Commissioners pursuant to the standards and criteria specified herewith:

(1) Supply yards.

(a) All sales inventory, supporting equipment, storage and display functions shall be contained within all-weather structures.

(b) No activities or substances of a hazardous safety or environmental nature shall be employed, carried or utilized as part of any operations conducted on the site unless specifically provided for as part of the conditional use approval.

(c) All traffic shall enter and exit the site via designated driveway access points that connect with adjacent public rights-of-way. Said access points shall be approved by local and PennDOT officials.

(d) No storage, parking or display of products shall be permitted in a required front, rear or side yard area.

(e) All sales lots and parking areas shall be paved with a bituminous, concrete or similar hard surface material.

(f) All lighting shall be designed and utilized in compliance with § 195-81.2.

[Added 4-7-2004 by Ord. No. 508]

(g) All parking areas shall be landscaped subject to the standards and criteria of Article XVII, § 195-64D, of this chapter and shall provide a screen planting, subject to the standards and criteria of Article XVIII, § 195-75G, of this chapter.

[Added 6-2-2010 by Ord. No. 601]

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, Ancillary residential, was repealed 7-7-2021 by Ord. No. 739.

C. (Reserved)[2]

[2] Editor’s Note: Former Subsection C, Electronic variable message sign, added 12-4-2002 by Ord. No. 475, was repealed 4-5-2006 by Ord. No. 545.

D. Billboard, subject to the standards and criteria of Article XVI, § 195-58H, of this chapter.

[Added 12-4-2002 by Ord. No. 475]

E. Mini-storage facility.

[Added 4-1-2015 by Ord. No. 654]

(1) Lot, area and dimensional minimum requirements shall be as follows:

(a) Minimum lot area: 1.5 acres.

(b) Minimum lot width: 100 feet.

(c) Minimum front setback: 50 feet.

(d) Minimum side and rear yard setback: 25 feet.

(e) Maximum building height: 35 feet.

(2) No storage shall take place outside of an enclosed building.

(3) All parking areas shall be landscaped subject to the standards and criteria of Article XVII, § 195-64D, of this chapter and shall provide a screen planting, subject to the standards and criteria of Article XVIII, § 195-75G, of this chapter.

(4) All lighting shall be designed and utilized in compliance with § 195-81.2.

(5) No buildings on the same lot shall be located closer than 20 feet to each other.

(6) No activities or substances of a hazardous safety or environmental nature shall be employed, stored, carried or utilized as part of any operations conducted on the site unless specifically provided for as part of the conditional use approval.

(7) Storage units shall not be equipped with water or sanitary sewer service.

(8) Exterior finishes of the storage buildings shall be compatible with the exteriors of adjoining properties.

(9) Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding community from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.

(10) A garbage dumpster must be provided on site and must be screened by an opaque ornamental fence, walls or evergreen material.

(11) No business activity of any kind, other than the storage of goods, shall be conducted within the mini-storage units by any lessee.

(12) The perimeter of the site shall be fenced with a minimum six-foot-high fence with self-locking gate.

F. (Reserved)[3]

[3] Editor's Note: Former Subsection F, Microbrewery/microdistillery, added 6-6-2018 by Ord. No. 698, was repealed 7-7-2021 by Ord. No. 739.

G. Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act[4] and communications towers, subject to the standards and criteria of Article XVIII, § 195-81, of this chapter.

[Added 9-5-2018 by Ord. No. 705]

[4] Editor’s Note: See 53 P.S. § 11702.1 et seq.

§ 195-38 Special exception provisions.

[Amended 5-7-1997 by Ord. No. 341; 8-5-1998 by Ord. No. 386]

The following special exceptions may be authorized by the Zoning Hearing Board pursuant to the standards and criteria specified herewith:

A. Research and testing labs.

[Amended 6-2-2010 by Ord. No. 601]

(1) No activities shall be permitted that involve the handling, testing, processing or other use of waste materials resulting from residential, municipal, commercial, industrial, institutional, mining or agricultural operations, or from any combination of the above. Such waste materials shall include, but not be limited to, garbage, refuse, sludge and other discarded materials, including solid, liquid, semisolid or contained gaseous materials.

(2) No activities or substances of a hazardous nature shall be employed, stored or utilized in a manner that will constitute a danger to the health, safety or general welfare of site occupants, adjacent areas or the community at large. Where reasonable cause for concern is raised by Township officials, residents or other affected parties, the applicant for a special exception shall be required to certify that no such conditions will be present.

(3) Such other factors and criteria may be required as the Zoning Hearing Board deems necessary.

(4) All lighting shall be designed and utilized in compliance with § 195-81.2.

[Added 4-7-2004 by Ord. No. 508]

(5) All parking areas shall be landscaped subject to the standards and criteria of Article XVII, § 195-64D, of this chapter and shall provide a screen planting, subject to the standards and criteria of Article XVIII, § 195-75G, of this chapter.

[Added 6-2-2010 by Ord. No. 601]

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, Multifamily dwellings, was repealed 4-4-2007 by Ord. No. 562.

C. Educational institution, commercial, subject to the standards and criteria of Article XI, § 195-34B, of this chapter.

[Amended 4-2-2003 by Ord. No. 483]

D. (Reserved)[2]

[2] Editor’s Note: Former Subsection D, Shopping center, was repealed 2-6-2019 by Ord. No. 712.

E. Commercial outdoor recreation.

[Amended 4-7-2004 by Ord. No. 508]

(1) Provisions shall be made for the safety of individuals and property, both on-site and off-site, consistent with the projected use. All issues of public health, safety or general welfare which pertain to an existing or proposed recreational use or activities ancillary thereto shall be resolved to the satisfaction of the Zoning Hearing Board prior to the authorization of a special exception.

(2) All state and municipal code requirements shall be met consistent with the primary use of the site and associated structures and activities.

(3) No on-street parking shall be permitted in conjunction with uses.

(4) Provisions for all vehicular ingress and egress in conjunction with recreation sites shall be approved by appropriate state and Township officials to ensure public safety and the maintenance of unhindered and efficient traffic movements on adjacent road systems.

(5) Lot, area and dimensional minimum requirements shall be as follows:

(a) Minimum lot area: 32,000 square feet.

(b) Minimum lot width: 150 feet at front street right-of-way line.

(c) Minimum front setback: 50 feet.

(d) Minimum side and rear yard setbacks: 30 feet.

(6) All storage and display of stock, equipment, refuse and other materials shall be within enclosed main or accessory structures.

(7) Fencing may be deemed necessary by the Zoning Hearing Board for purposes of safety or security.

(8) All lighting shall be designed and utilized in compliance with § 195-81.2.

[Added 4-7-2004 by Ord. No. 508]

F. Essential communications tower, subject to the standards and criteria of Article VI, § 195-14M, of this chapter.

[Added 5-7-1997 by Ord. No. 341]

G. Blasting, subject to the standards and criteria of Article VI, § 195-14N, of this chapter.

[Added 4-2-2003 by Ord. No. 483]

H. (Reserved).[3]

[3] Editor's Note: Former Subsection H, Day-care/center, added 4-2-2003 by Ord. No. 483, was repealed 7-7-2021 by Ord. No. 739.

I. (Reserved)[4]

[4] Editor's Note: Former Subsection I, which provided for a public library, added 4-2-2003 by Ord. No. 483, was repealed 6-2-2010 by Ord. No. 601.

J. (Reserved)[5]

[5] Editor's Note: Former Subsection J, Pet grooming, added 5-4-2005 by Ord. No. 528, was repealed 7-7-2021 by Ord. No. 739.

K. (Reserved)[6]

[6] Editor's Note: Former Subsection K, Commercial parking lot, added 5-4-2005 by Ord. No. 528, as amended 6-2-2010 by Ord. No. 601, was repealed 7-7-2021 by Ord. No. 739.

L. Model home, subject to the standards and criteria of Article VI, § 195-14R, of this chapter.

[Added 5-4-2005 by Ord. No. 528; amended 4-4-2007 by Ord. No. 562]

M. Electronic variable message sign, subject to the standards and criteria of Article XVI, § 195-55.1, of this chapter.

[Added 4-5-2006 by Ord. No. 545]

§ 195-39 Lot, area and dimensional requirements.

[Amended 8-5-1998 by Ord. No. 386]

The following requirements shall apply in B-2 Retail Business Districts:

Use Category	Min. Lot Area (sq. ft.)	Min. Lot Width (ft.)	Min. Front Setback (ft. from ROW)	Min. Side Yard (ft.)	Min. Rear Yard (ft.)	Max. Bldg. Height (ft.)	Max. Lot Coverage
Permitted Use:
Motel/hotel [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	15	15	65	50%
Eating and drinking establishment	5,000	60	25	15	15	35	50%
Offices	5,000	60	25	15	15	35	50%
Personal and professional services	5,000	60	25	15	15	35	50%
Retail business	5,000	60	25	15	15	35	50%
Indoor recreation	5,000	60	25	15	15	35	50%
Public facility [Amended 6-2-2010 by Ord. No. 601]	5,000	50	25	15	15	65	50%
Fire stations	5,000	60	25	15	15	35	50%
Churches [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	15	15	65	50%
Public utility building	5,000	60	25	15	15	35	50%
Essential services	5,000	60	25	15	15	35	50%
Auto sales, service [Amended 12-29-2008 by Ord. No 580]	32,000	150	40	15	15	65	50%
Wholesale business [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	25	25	65	50%
Mobile home sales [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	25	25	65	50%
Hospitals and clinics [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	15	15	65	50%
Veterinary clinic [Amended 6-2-2010 by Ord. No. 601]	5,000	60	25	15	15	35	50%
Car wash [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	25	25	65	50%
Garden center [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	25	25	65	50%
Ambulance station [Added 9-2-1998 by Ord. No. 387]	5,000	60	25	15	15	35	50%
Communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act[1] [Added 2-23-2000 by Ord. No. 421; amended 9-5-2018 by Ord. No. 705]	Subject to the requirements of § 195-81
Banks-related financial services [Added 9-7-2005 by Ord. No. 531]	5,000	60	25	15	15	35	50%
Service station [Added 11-6-2019 by Ord. No. 717]	32,000	150	50	25	25	35	50%
Shopping center [Added 11-6-2019 by Ord. No. 717]	32,000	150	50	25	25	65	50%
Ancillary residential/live-work unit [Added 7-7-2021 by Ord. No. 739]	Standard for principal use shall apply
Artisan workspace [Added 7-7-2021 by Ord. No. 739]	5,000	50	25	15	15	35	50%
Coworking space [Added 7-7-2021 by Ord. No. 739]	5,000	50	25	15	15	35	50%
Makerspace [Added 7-7-2021 by Ord. No. 739]	5,000	50	25	15	15	35	50%
Day-care center [Added 7-7-2021 by Ord. No. 739]	32,000	60	25	15	15	35	40%
Microbrewery/microdistillery [Added 7-7-2021 by Ord. No. 739]	5,000	50	25	15	15	35	50%
Pet grooming [Added 7-7-2021 by Ord. No. 739]	5,000	50	25	15	15	35	50%
Commercial parking lot [Added 7-7-2021 by Ord. No. 739]	5,000	50	25	25	25	65	50%
Conditional Use:[2]
Supply yard	32,000	150	50	25	25	40	50%
Communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act[3] and communications towers [Added 9-5-2018 by Ord. No. 705]	Subject to the requirements of § 195-81
Special Exception:[4][5][6]
Research and testing [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	25	25	65	60%
Educational institution, commercial [Amended 4-2-2003 by Ord. No. 483; 12-29-2008 by Ord. No. 580]	32,000	100	50	20	20	65	40%
Commercial recreation [Amended 12-29-2008 by Ord. No 580]	32,000	150	50	30	30	65	75%
Blasting [Added 4-2-2003 by Ord. No. 483]	Subject to the requirements of § 195-14N
Model home [Added 5-4-2005 by Ord. No. 528; amended 4-4-2007 by Ord. No. 562]	Subject to the requirements of § 195-14R

NOTES:

*   Standard for principal use shall apply

[1] Editor’s Note: See 53 P.S. § 11702.1 et seq.

[2] Editor's Note: The entries for ancillary residential; and microbrewery/microdistillery, added 6-6-2018 by Ord. No. 698, were repealed 7-7-2021 by Ord. No. 739

[3] Editor’s Note: See 53 P.S. § 11702.1 et seq.

[4] Editor's Note: The entry for multifamily was repealed 4-4-2007 by Ord. No. 562. The entry for public library, added 4-2-2003 by Ord. No. 483, as amended, was repealed 6-2-2010 by Ord. No. 601.

[5] Editor's Note: The entry for essential communications tower, added 2-23-2000 by Ord. No. 4211, was repealed 9-5-2018 by Ord. No. 705.

[6] Editor's Note: The entries for day-care center, added 4-2-2003 by Ord. No. 483, as amended 12-29-2008 by Ord. No 580; pet grooming, added 5-4-2005 by Ord. No. 528; shopping centers; and commercial parking lot, added 5-4-2005 by Ord. No. 528; were repealed 7-7-2021 by Ord. No. 739.