Borough of Crafton, PA Article XVI Express Standards and Criteria for Conditional Uses and Uses by Special Exception

§ 225-115 Applicability.

This article shall apply to all conditional uses and uses by special exception listed as authorized uses in each zoning district in Articles IV through XIII.

§ 225-116 Procedures for approval.

A. Approval of conditional uses.

(1) Review procedure.

(a) An application for conditional use approval shall be filed with the Zoning Officer, on forms as prescribed by the Borough, at least 14 days prior to the regular meeting of the Planning Commission. A conditional use application shall not be considered to be administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Borough.

(b) The Zoning Officer shall review the application to determine whether all materials required by this chapter have been submitted by the applicant. If all such materials have not been submitted, then the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

(c) Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the Borough Solicitor; the Borough Engineer; each member of the Planning Commission; and each member of the Borough Council.

(d) The Planning Commission shall review the application and forward its recommendation to the Borough Council within 45 days of the date of the Borough's receipt of an administratively complete application.

(e) Borough Council shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the Municipalities Planning Code. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the Municipalities Planning Code.

(f) Borough Council shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the Borough Council decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Municipalities Planning Code.

(g) A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date.

(h) All development, construction and use shall be in accordance with the approved conditional use plan unless a revised conditional use application is submitted, approved and filed. The approved conditional use plan shall consist of the application, as submitted, together with all of its attachments and exhibits, as finally approved by the Borough Council, and conditions attached by the Borough Council. Any development contrary to the approved conditional use plan shall constitute a violation of this chapter.

(2) Application content.

(a) All applications for conditional use approval shall demonstrate compliance with the applicable express standards and criteria of this part and the applicable lot and yard requirements of the zoning district in which the use is proposed.

(b) All applications for conditional use approval shall be submitted to the Zoning Officer, in the form prescribed from time to time by the Borough, with not fewer than six full-scale copies and 15 half-scale copies of all required maps, and 15 copies of all other application material. An applications for conditional use approval shall not be considered administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Zoning Officer.

(c) All applications for conditional use approval shall contain the following:

[1] A land development plan, as defined by this chapter,.

[2] Construction plans where renovations or modification of an existing building is immediately contemplated, showing the scope, nature and extent of said renovation or modification.

[3] A traffic analysis, as defined by this chapter, for the following proposed uses by special exception:

[a] Any proposed use which involves the construction of any new commercial building which has a gross floor area of 25,000 square feet or more or a new industrial building of 50,000 square feet or more.

[b] Any proposed use which involves the change of use of an existing commercial building which has a gross floor area 25,000 square feet or more or the change of use of an existing industrial building which has a gross floor area of 50,000 square feet or more.

[c] Any addition to an existing commercial building which results in a total floor area of 25,000 square feet or more or any addition to an existing industrial building which results in a total floor area of 50,000 square feet or more.

(3) Expiration of approval. The grant of a conditional use shall expire one year after the date of the Borough Council's written decision unless: the applicant has applied for and obtained a building permit and commenced construction, or in a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained an occupancy permit and has commenced the use which is the subject of the conditional use. Expiration of conditional use approval under this section shall require the applicant to reapply for conditional use approval.

B. Expiration of conditional use approval. Conditional use approval shall expire automatically without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless Borough Council, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension. When a grading permit or building permit, issued in accordance with an approved conditional use, expires without the work described in the permit being initiated and/or diligently pursued, the conditional use shall expire automatically without written notice to the applicant.

C. Approval of uses by special exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:

(1) A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. A complete and properly filed application shall include the following:

(a) For any proposed use by special exception that will require a building permit, a plan drawn on a current property survey sealed by a Pennsylvania-registered surveyor. The plan shall indicate all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.

(b) A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.

(c) A traffic analysis, as defined by this chapter, for the following proposed uses by special exception:

[1] Any proposed use which involves the construction of any new commercial building which has a gross floor area of 25,000 square feet or more or a new industrial building of 50,000 square feet or more.

[2] Any proposed use which involves the change of use of an existing commercial building which has a gross floor area 25,000 square feet or more or the change of use of an existing industrial building which has a gross floor area of 50,000 square feet or more.

[3] Any addition to an existing commercial building which results in a total floor area of 25,000 square feet or more or any addition to an existing industrial building which results in a total floor area of 50,000 square feet or more.

(d) The application fee required by § 225-146 of this chapter.

(2) A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 225-135 of this chapter.

(3) The property is posted at least seven days prior to the Zoning Hearing Board's public hearing.

(4) In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of Article 20 of this chapter.

(5) If land development approval is required for the use by special exception, the application for approval of the use by special exception and the application for approval of a land development required by the Borough Subdivision and Land Development hapter may be processed concurrently provided all application requirements of both chapters for a use by special exception and a land development plan are met.

D. Expiration of approval of a use by special exception.

(1) Approval of a use by special exception shall expire automatically without written notice to the applicant if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.

(2) When a grading permit or building permit issued in accordance with an approved use by special exception expires without the work described in the permit being initiated and/or diligently pursued, the use by special exception shall expire automatically without written notice to the applicant.

§ 225-117 General standards.

Before approving a conditional use application, Council shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located and that it will not substantially impair the use or development of adjacent properties. Council shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development.

A. The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable Borough, county and commonwealth and federal chapters, laws and regulations. The proposed use shall obtain applicable permits, licenses and approvals from the Borough, Allegheny County, Pennsylvania and federal agencies before final approval of the conditional use application shall be granted.

B. The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.

C. The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.

D. The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.

E. The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm drainage, solid and toxic waste storage and disposal.

F. The proposed use provides screening or buffer areas as required by this chapter.

G. The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.

§ 225-118 Standards for specific uses.

In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 225-117, an application for any of the following uses which are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.

A. Assisted living facility, subject to:

(1) The site proposed for an assisted living facility shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

(2) The maximum dwelling unit density shall be 24 units per acre.

(3) The assisted living facility shall include the following supporting uses:

(a) Common leisure and/or recreational areas.

(b) Common dining area.

(4) In addition, an assisted living facility may include one or more of the following supporting uses, subject to approval by the Borough:

(a) Postal station for use of the residents and staff only;

(b) Banking facility for use of the residents and staff only;

(c) Pharmacy and/or medical offices for use of the residents only;

(d) Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry cleaning valet;

(e) Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only;

(f) Personal care boarding home, provided the use meets all the conditional use criteria contained in Subsection BB of this chapter;

(g) Nursing home, provided the use meets all the conditional use criteria contained in Subsection U of this chapter;

(h) Elderly day-care center licensed by the commonwealth; and

(i) Taxi, van or similar transportation services for the residents.

(5) Buffer Area "B", as defined by § 225-121B of this chapter, shall be provided along all property lines adjacent to property in an S or R-1 District.

(6) Parking shall be provided in accordance with the requirements of § 225-105D, except that additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

B. Apartment in a commercial building, subject to:

(1) Dwelling units shall not be located on the street floor of any commercial building.

(2) Dwelling units in basements or accessory garages shall not be permitted.

(3) The dwelling unit or dwelling units shall have a separate entrance which does not require passing through any area devoted to office or retail use.

(4) Each apartment shall contain the minimum floor area required by § 225-127, as well as separate and private bathroom and food cooking and storage facilities.

(5) Parking shall be provided in accordance with the requirements of § 225-105D.

(6) There shall be two means of egress provided from the second-floor hallway common to the apartments directly to the outside at grade.

(7) Each apartment shall have sufficient operable window sash area to equal at least 1/20 of the floor area and shall be served by a heating system capable of providing 68° F. throughout the apartment when the outside temperature is 0° F.

C. Automobile service station, subject to:

(1) All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

(2) All car washing areas shall discharge into public sanitary sewers.

(3) All vehicle parts, dismantled vehicles and similar materials shall be stored within an enclosed building or totally screened from view by a solid or privacy fence.

(4) All vehicles awaiting repair shall be stored on the lot in an approved storage area and in no case shall said vehicles be stored on or obstruct access to a public right-of-way.

(5) Canopies over gasoline pumps shall be subject to the requirements of § 225-122C(7) of this chapter.

(6) Gasoline pumps shall be located at least 30 feet from the edge of the right-of-way of a public street.

(7) All fuel, oil, propane, kerosene and similar substances shall be stored at least 25 feet from any property line.

(8) The handling and disposal of motor oil, battery acid, tires and any other substance regulated by federal statute and the Pennsylvania Department of Environmental Protection (DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PADEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of Article XX of this chapter.

(9) Buffer Area "C", as defined by § 225-121B of this chapter, shall be provided along all property lines adjacent to residential use or zoning classification.

(10) In addition to the customary activities involved in the principal use, the following accessory uses may be authorized upon written request of the applicant, provided the following additional requirements are met:

(a) Automobile rental.

[1] The minimum lot area required for the automobile service station shall be increased by 350 square feet of lot area for each rental vehicle, with a minimum area provided for 10 vehicles.

[2] All rental vehicles shall be stored in clearly marked stalls located no closer to the right-of-way than the minimum required building setback line.

(b) Trailer rental.

[1] The minimum lot area required for the automobile service station shall be increased by 350 square feet of lot area for each rental trailer. Each trailer space shall be at least 10 feet in length to a maximum length of 16 feet, with a minimum area provided for 10 vehicles.

[2] All rental trailers shall be stored in properly marked stalls located no closer to the public right-of-way than the required building setback line.

[3] Screening walls or compact evergreen hedges, a minimum of six feet in height, shall be required to buffer the use from abutting residential properties.

(c) Truck rental.

[1] The minimum lot area required for the automobile service station shall be increased by 500 square feet of lot area per truck rental space, with a minimum area for 10 vehicles.

[2] The cargo area of rental units shall not exceed a depth of 20 feet with the rental of semitrailer units prohibited.

[3] Screening walls or compact evergreen hedges, a minimum of six feet in height shall be required to buffer the use from abutting residential properties.

[4] All trucks shall be stored in properly marked stalls 10 feet by 30 feet established behind the building setback line. Whenever possible, Borough Council shall require the storage of rental vehicles at the rear of existing or proposed structures.

D. Bed-and-breakfast, subject to:

(1) The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.

(2) The lot shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

(3) The minimum lot area required shall be 10,000 square feet.

(4) No meals other than breakfast shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.

(5) The maximum length of stay for any guest shall be 14 days in any calendar year.

(6) One identification sign shall be permitted, and such sign may either be attached to the wall of the building or may be freestanding in the front yard, provided the surface area of the sign shall not exceed six square feet, the height of the freestanding sign shall not exceed four square feet and the freestanding sign is located at least five feet from any property line.

(7) The identification sign shall contain no information other than one or more of the following items:

(a) The street address.

(b) The name of the establishment.

(c) The name of the proprietor.

(d) A small logo or other decorative symbol.

(8) In addition to the parking required for the dwelling, one parking space shall be provided for each sleeping room offered to overnight guests.

(9) Off-street parking shall not be located in any required front or side yard. Parking located in the rear yard shall be screened from adjacent residential properties by a compact six-foot evergreen hedge.

E. Billboards, subject to:

(1) Location. Billboards shall be authorized as a conditional use only in the I Industrial District, provided all of the following requirements are met:

(a) Billboards shall not be erected within 100 feet of the boundary line of any R District or within 100 feet of any public or private school, church or cemetery, said 100 feet being measured along the radius of a circle from the centermost point of the billboard structure extending in all directions.

(b) Billboards shall maintain a lateral minimum spacing between any existing or proposed billboard structure of 500 feet. Required spacing shall be measured along both sides of the same roadway frontage from the center-most point of the billboard structure along a line extending from the centermost point of the billboard which is parallel to the center line of the roadway to which the billboard is oriented.

(c) No part of any billboard shall be located closer than 10 feet to any public street right-of-way.

(d) No billboard shall be erected over any sidewalk or public right-of-way.

(e) The minimum 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.

(f) 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.

(g) 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.

(h) 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.

(2) Size and height. A billboard shall have a maximum allowable gross surface area of 450 square feet per sign face. This gross surface area shall be permitted, provided all of the following additional requirements are met:

(a) 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 90º or less.

(b) 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.

(c) A billboard structure shall have a maximum height above the curb of the roadway from which it is intended to be viewed of 40 feet.

(3) Construction methods. Billboards shall be constructed in accordance with applicable provisions of the Borough Building Code and shall meet all of the following additional requirements:

(a) A billboard structure shall have a maximum of one vertical support being a maximum of three feet in diameter or width and without additional bracing or vertical supports.

(b) A billboard sign face shall be independently supported and have vertical supports of metal which are galvanized or constructed of approved corrosive-resistant, noncombustible materials. Structures constructed with galvanized metal shall be painted.

(c) The one vertical support shall be capable of enabling the entire sign face to be able to withstand a minimum one-hundred-mile per hour wind load. Structural design computations shall be made and certified by a registered engineer and shall be submitted to the Borough with the application for the conditional use.

(d) The base shall be installed using a foundation and footings approved by the Borough Engineer for the type of construction proposed.

(e) The entire base of the billboard structure parallel to the sign face shall be permanently landscaped with suitable shrubbery and/or bushes of minimum height of three feet, placed in such manner as to screen the foundation of the structure.

(f) Landscaping shall be maintained by the sign owner in an attractive and healthy manner in accordance with accepted conservation practices.

(g) No bare cuts shall be permitted on a hillside.

(h) All cuts or fills shall be permanently seeded or planted.

(i) A billboard with display lighting shall be constructed so that it does not glare upon adjacent property and shall not exceed a maximum of 0.5 footcandles upon the adjacent property.

(j) Display lighting shall not operate between 12:00 midnight and 5:00 a.m., prevailing local time.

(k) No billboard structure, sign face or display lighting shall move, flash or emit noise. No display lighting shall cause distractions, confusion, nuisance or hazard to traffic, aircraft or other properties.

(l) The use of colored lighting shall not be permitted.

(4) Maintenance.

(a) A billboard structure shall be entirely painted every three years, unless constructed of an approved corrosive-resistant material.

(b) Every 10 years, the owner of the billboard shall have a structural inspection made of the billboard by a qualified Pennsylvania-registered engineer and shall provide to the Borough a certificate from the engineer certifying that the billboard is structurally sound.

(c) Annual inspections of the billboard shall be conducted by the Borough to determine compliance with this chapter.

(d) Billboards found to be in violation of this chapter shall be brought into compliance or removed within 30 days upon proper notification by the Borough.

(e) Billboards using removable vinyl, paper or other materials shall be maintained in such condition as to eliminate loose or frayed material protruding or hanging from the structure. All paper and other waste materials shall be removed from the site and disposed of properly whenever any sign face is changed.

(5) Liability insurance. The applicant for a sign permit to erect a billboard shall provide a certificate of insurance for public liability and property 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 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.

(6) Permits.

(a) Prior to submission of an application for sign permit, the applicant for a billboard shall obtain and submit with the application, approvals from the Allegheny County Department of Aviation or the United States Federal Aviation Administration (FAA), when applicable.

(b) Approval of the conditional use shall be valid for six months from the date of action by Borough Council 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 conditional use shall expire automatically, without written notice to the applicant.

(c) The issuance of a sign permit for a billboard which has been granted approval of a conditional use shall be conditioned upon the approval of the Pennsylvania Department of Transportation (PennDOT) for billboards along state highways. If the applicant fails to submit evidence of the required approval by PennDOT within 90 days of the issuance of the conditional sign permit, the sign permit shall be revoked by the zoning officer, who shall provide written notice to the applicant.

(d) The applicant may reapply for the required sign permit, upon submission of evidence of PennDOT approval, without payment of any additional sign permit fee, provided the application is filed within the six-month period during which the conditional use approval is valid.

(7) Application fees. Said application shall be accompanied by an application fee in an amount equal to that set from time to time by resolution of Borough Council.

(8) Nonconforming billboards.

(a) Any billboard which does not conform to the requirements of this section shall not be enlarged or moved unless the billboard complies with all provisions of this section.

(b) Any billboard which 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.

F. Principal or accessory building or structure exceeding the height limitations of the zoning district, subject to:

(1) A building or structure may exceed the height limitations of the zoning district in which it is located, provided all applicable yards are increased by one foot for each one foot of building or structure height in excess of the maximum allowable height in the zoning district.

(2) In no case shall a building or structure approved under this subsection exceed 60 feet in height in an I District.

(3) A soils report prepared by a geotechnical engineer shall be submitted that addresses any special foundation techniques that may be warranted.

G. Car wash, subject to:

(1) All automated washing facilities shall be in a completely enclosed building. All other car washing facilities shall be under a roofed structure which has at least two walls.

(2) Drainage water from the washing operation shall be recycled and/or controlled so that it does not flow or drain onto berms, streets, alleys or other property.

(3) Standing spaces shall be provided in accordance with the requirements specified in § 225-125 for drive-in facilities.

(4) The facility shall be connected to public sanitary and storm sewers.

(5) Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

(6) Any car wash which also dispenses gasoline shall meet all applicable requirements of Subsection C of this section governing automobile service stations.

H. Churches; schools, subject to:

(1) The minimum lot area required for a postsecondary school shall be 10 acres. The minimum lot area required for all other schools and churches shall be one acre.

(2) If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than 10 persons shall be housed.

(3) A dwelling (such as a manse or parsonage) may be located on the same lot with a church, provided all requirements of this chapter for single-family dwellings in the zoning district can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.

(4) If the school includes dormitories, the dormitories shall be screened along any property line adjacent to single-family use or zoning classification by Bufferyard B, as defined by § 225-121B of this chapter.

(5) All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment and vehicles.

I. Wireless communications facilities located outside of the public right-of-way and WCFs exceeding 50 feet in height. WCFs located outside the public right-of-way and WCFs that exceed 50 feet in height are permitted as a conditional use in the C-2 Zoning District and shall comply with the regulations set forth below.

[Amended 7-13-2020 by Ord. No. 1663]

(1) All WCFs that are located outside of the public right-of-way and/or exceed 50 feet in height shall comply with § 225-117 as well as the standards below. WCFs that are located in the public right-of-way with a height of 50 feet or less shall comply with Chapter 193, Article VII of the Borough of Crafton Code of Ordinances, but are exempt from the requirements below.

(2) Noncommercial usage exemption. Borough citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from this section.

(3) Nonconforming uses. Nonconforming WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored, in kind, at their former location, but must otherwise comply with the terms and provisions of this section, except that any collocation approved under a former ordinance shall be permitted to continue consistent with the requirements of Chapter 193 of the Borough of Crafton Code of Ordinances, the Pennsylvania Wireless Broadband Collocation Act, 53 P.S. § 11702.1, et seq. ("WBCA"), and applicable federal law.

(4) The applicant shall demonstrate that it is licensed by the Federal Communications Commission ("FCC") to operate the proposed WCF.

(5) The applicant shall demonstrate that the proposed WCF complies with safety standards now or hereafter established by the FCC. No WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65, entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

(6) The applicant shall demonstrate compliance with all applicable Federal Aviation Administration ("FAA") and any applicable airport zoning regulations.

(7) An applicant for a WCF under this section must demonstrate that a significant gap in wireless coverage or capacity exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least-intrusive means by which to fill that gap in wireless coverage or capacity. The existence or nonexistence of a gap in wireless coverage or capacity may be a factor in the Borough's consideration of and decision on an application for approval of WCFs.

(8) Any applicant proposing a new WCF subject to this section shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna(s) on an existing support structure within the public right-of-way. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed WCF shall be contacted and that one or more of the following reasons for not selecting an alternative support structure apply:

(a) The proposed equipment would exceed the structural capacity of the existing support structure and reinforcement of the structure cannot be accomplished at a reasonable cost.

(b) The proposed equipment would cause radio frequency interference with other existing and proposed equipment for that existing building, existing public utility storage or transmission structure and the interference cannot be prevented at a reasonable cost.

(c) Existing buildings or towers do not have adequate space, access, or height to accommodate the proposed equipment.

(d) Addition of the proposed equipment would result in nonionizing electromagnetic radiation levels which exceed adopted federal or state emission standards.

(9) Any WCF shall be designed at the minimum functional height. All WCF applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any WCF shall not exceed 180 feet, as measured vertically from the ground level to the highest point on the structure, including antennas and subsequent alterations. WCFs greater than 50 feet are prohibited from being located in the public right-of-way.

(10) All parts of the WCF shall be set back from the property line at least 50 feet. If the support structure is located on property which adjoins a residential zoning district, the setback shall be at least equal to the height of the support structure.

(11) A security fence having a minimum height of 10 feet shall completely surround the WCF, as well as guy wires, or any building housing WCF equipment. The support structure shall be equipped with anti-climbing devices as approved by the manufacturer for the type of installation proposed.

(12) The applicant shall submit evidence that the WCF and its method of installation has been certified by a registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Borough Building Code and accepted engineering practice. All plans and drawings shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

(13) At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers.

(14) Ground-based transmission equipment is discouraged; however, if permitted, it shall comply with the height and yard requirements of the zoning district for accessory structures.

(15) The exterior finish of the WCF shall be compatible with the immediate surroundings. The accessory structures shall be maintained.

(16) Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough of Crafton Code of Ordinances or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance. For WCFs exceeding 50 feet in height, the owner must submit yearly inspections conducted by a structural engineer at the owner's expense. Any structural faults identified by the inspection shall be corrected immediately and reinspected and certified to the Borough by a structural engineer at the owner's expense.

(17) Landscaping may be required by Borough Council, upon recommendation by the Planning Commission, which is suitable to the proposed location of the WCF proposed in order to provide screening of the facilities from adjacent streets or residential properties.

(18) Fees. The Borough may assess appropriate and reasonable permit fees, as delineated or limited by the WBCA or any other applicable state and/or federal laws or regulations, which are directly related to the Borough's actual costs in reviewing and processing applications for approval as well as related inspection, monitoring and related costs.

(19) Retention of experts. Except as limited by the WBCA or other applicable statute, the Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the WCF shall reimburse the Borough for all reasonable costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

(20) Shot clock. Within 30 calendar days of the date that an application for a WCF under this section is received, the Borough shall notify the applicant in writing of any information that may be required to complete such application. All such applications shall be acted upon within 90 days of the receipt of a fully-completed application for the approval and the Borough shall advise the applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the ninety-day review period.

(21) Signs. Signage of any type, except for: signage required by law, safety signage, and signage identifying the WCF's operator and subsequent contact information, is prohibited from being attached to or displayed upon any WCF.

(22) Historic buildings. No WCF may be located on a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Borough or has been designated by the Borough to be of historical significance. This restriction shall not apply in instances in which the historic building or structure in question holds WCF equipment on the date of adoption of this section.

(23) Insurance. Where permitted by law, each person that owns or operates a WCF greater than 50 feet in height or located outside the public right-of-way shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the WCF.

(24) Indemnification. Each person that owns or operates a WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the WCF. Each person that owns or operates a WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(25) Maintenance.

(a) WCFs shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

(b) Maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

(c) Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notification by the Borough.

(26) Identification signs. All WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.

(27) Licenses. Each person that owns or operates a WCF shall submit a copy of its current FCC license (if a licensee), including the name, address, and emergency telephone number for the operator of the facility.

(28) Removal. In the event that use of a WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

(a) All unused or abandoned WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site, unless a time extension is approved by the Borough.

(b) If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

(c) Any unused portions of WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a WCF previously removed.

(29) To the extent permitted by the WBCA or any other applicable state and federal laws or regulations, the Borough Council may impose additional restrictions as it deems necessary to ensure that there is no adverse impact upon the functioning of a district, municipal infrastructure (including, but not limited to the Borough's water and sewer systems, transportation network, etc.), or adjacent land uses.

J. (Reserved)[1]

[1] Editor's Note: Former Subsection J, regarding communications towers, was repealed 7-13-2020 by Ord. No. 1663.

K. Community club, subject to:

(1) Any community club that includes a swimming pool shall be subject to Subsection HH of this section.

(2) Any community club which includes a kitchen and social hall shall meet the parking requirements specified in Article XIV for eating and drinking establishments.

(3) All off-street parking which adjoins single-family use or a residential zoning district shall be screened by a minimum six-foot-high compact evergreen hedge.

L. Public parking garage, subject to:

(1) All public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this chapter.

(2) All public parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking structure.

(3) The design of any public parking garage proposed to be located on property which adjoins a residential zoning district shall take into account the height, visual, light and air impacts on adjacent residences and shall utilize architectural materials for the exterior walls facing those residential areas which are compatible with the residential character of adjacent properties.

(4) Any public parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.

(5) Any public parking garage which is reserved for the customers or employees of a specific use and is not available to the general public shall be located within 500 feet of the specific use which it is intended to serve.

(6) Any public parking garage in a residential zoning district shall be screened by a minimum six-foot-high compact, dense evergreen hedge along all side or rear property lines which adjoin residential use or zoning classification. Driveway access to such a public parking garage shall be designed to minimize conflict with any existing private driveway serving a residential lot and any existing on-street parking.

M. Community services institution, educational, religious, philanthropic institution, subject to:

(1) The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(2) The use shall be not detrimental to the neighborhood, taking into consideration the physical relationship of the proposed use to the surrounding properties, the probable hours of operation, the activities to be conducted and the number of people to be assembled or to use the premises at any one time.

(3) All parking areas adjacent to single-family use or zoning classification shall be screened by a minimum six-foot-high compact evergreen hedge.

(4) If housing is provided, including dormitory facilities for students and teachers, the minimum lot area shall be 10,000 square feet plus 300 square feet for each sleeping room in excess of four; where a sleeping room is occupied by more than two beds, every two beds therein shall be counted as a single sleeping room.

(5) The minimum front, rear and side yards otherwise required in the zoning district each shall be increased by 10 feet.

(6) All structures shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment and vehicles.

(7) In residential facilities, supervision shall be provided on a twenty-four-hour basis, and in the case of residents needing specialized care, the supervision shall be provided by persons certified or qualified by the licensing or sponsoring agency.

(8) In the S District, the maximum number of residents housed shall be 10.

[Amended 9-11-2018 by Ord. No. 1648]

N. Conversion apartments, subject to:

(1) Any single-family dwelling building lawfully occupied as such prior to adoption of this chapter and located in the R-2 District may be converted into not more than three dwelling units, provided that no additions are made to the building except to accommodate access, and provided the lot containing the building exceeds the minimum lot area for the zoning district in which it is located and there are no other dwellings on the property.

(2) Each dwelling in a converted single-family building shall conform to the requirements for minimum gross floor area specified in § 225-127, have at least two habitable rooms as well as separate and private bathroom and food cooking and storage facilities for each dwelling unit, and parking shall be provided in conformance with the requirements of § 225-105D.

(3) There shall be at least two means of egress from each dwelling unit, of which at least one shall be directly to the outside at grade or via an exterior stairs to grade.

(4) Each dwelling unit shall have sufficient operable window sash area to equal at least 1/20 of the floor area and shall be served by a heating system capable of providing 68° F. throughout each dwelling unit when the outside temperature is 0° F.

(5) No building manifestly designed for nonresidential purposes shall be converted to residential use unless such conversion removes a nonconforming use and such building is completely remodeled for permanent residential use.

(6) Conversion of detached garages or other accessory structures to dwelling units shall not be permitted.

(7) Where three or more off-street parking spaces are provided, the parking area shall be screened from adjacent residential properties by a six-foot-high compact, dense evergreen hedge.

(8) All dwelling units shall comply with all applicable requirements of the Pennsylvania Department of Labor and Industry and the Borough Building Code.

O. Day-care center or day-care home, subject to:

[Amended 9-11-2018 by Ord. No. 1648]

(1) The facility shall be registered with or licensed by the commonwealth, if applicable.

(2) Outdoor play areas for day-care centers shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate.

(3) Outdoor play areas which adjoin residential lots shall be screened by Buffer Area C, as defined by § 225-121B of this chapter.

(4) The general safety of the property proposed for a day-care center shall meet the needs of small children, particularly with respect to safe dropoff and pickup areas and safe conditions in the outdoor play area and means of pedestrian and vehicular access to the site and the building.

(5) Off-street parking for day-care centers shall be provided in accordance with the requirements of Article XIV of this chapter.

(6) All day-care center and day-care home facilities shall comply with the requirements of the Pennsylvania Uniform Construction Act, as amended, and its regulations, as amended.

P. Expansion of a nonconforming use, subject to:

(1) It shall be determined that the expansion of such use will not be detrimental to the neighborhood, taking into consideration the physical relationship of the nonconforming use to the surrounding properties, the probable hours of operation, the activities to be conducted, any effect on parking, traffic access, and other uses authorized in the proximity thereof and all other factors relating to the health, safety and general welfare of the Borough or any portion thereof.

(2) Such expanded nonconforming use shall be sited, oriented and landscaped to shield effectively such expanded nonconforming use from adjacent properties.

(3) Expansion of a nonconforming use shall be further subject to the provisions of § 225-140D of this chapter.

Q. Farmer's market; flea market, subject to:

(1) All activity shall be limited to an area with a commercial zoning classification.

(2) The applicant shall secure all necessary permits and licenses prior to the sale of any product.

(3) Applicants shall provide an agreement or letter of consent between the legal owner of the property and the applicant's corporation, company or position of authority.

(4) The applicant shall take measures to insure that adequate life safety and fire prevention procedures have been followed. The applicant shall consult with the Zoning Officer and Fire Official prior to application for conditional use approval. Their report and recommendation shall be forwarded to the Planning Commission as part of the public record on the conditional use application.

(5) The applicant's responsibility shall continue through completion of the activity with a time limit mutually agreed upon by the applicant and Borough Council. Daily maintenance of grounds shall consist of trash pickup, provisions for security, and adequate apparatus and equipment for other emergencies such as mechanical, fire or life safety.

(6) All applicable provisions of Subsection II of this section, governing temporary uses or structures, shall be met.

R. Funeral home, subject to:

(1) The minimum lot area shall be 20,000 square feet.

(2) The site shall have frontage on and direct vehicular access to an arterial or collector street.

(3) All off-street parking areas which adjoin property in any residential zoning district shall be screened by a minimum six-foot compact evergreen hedge.

(4) Traffic circulation shall be designed to minimize congestion and provide for the lining up of vehicles on the property without obstructing the free flow of traffic on adjacent streets or alleys.

S. Greenhouse or horticultural nursery, subject to:

(1) The minimum site for a greenhouse or horticultural nursery shall be two acres.

(2) No storage of manure or odor- or dust-producing substances shall be permitted within 200 feet of any adjacent lot line.

(3) No greenhouse heating plant shall be operated within 50 feet of any adjacent lot line.

(4) No products shall be outwardly displayed or offered for sale on the premises or from the roadside.

T. Parking pads. In the R-1 and R-2 Zoning Districts, parking pads may be located in front, side or rear yards, subject to compliance with the following requirements:

[Amended 8-24-2011 by Ord. No. 1605]

(1) A permit shall be required prior to the installation of a parking pad.

(2) Parking pads may be located in a front yard only if there is no practical access to the side or rear yard.

(3) Parking pads located in a front yard shall be perpendicular to the street right-of-way if they are greater than 10 feet in width.

(4) The parking pad shall be designed so that no vehicle projects into the sidewalk or cartway when parked on an approved parking pad.

(5) The minimum size for a parking pad shall be nine feet by 20 feet. The maximum size for a parking pad shall be 20 feet by 20 feet.

(6) Parking pads shall be located at least one foot from a side or rear property line.

(7) Parking pads shall be paved with asphalt, concrete, brick or interlocking pavers.

U. Hospital; nursing home, subject to:

(1) The minimum lot area required for a hospital shall be three acres. The minimum lot area required for a nursing home shall be one acre.

(2) The property shall be served by public water and public storm and sanitary sewers.

(3) All hospitals and nursing homes shall be licensed by the commonwealth.

(4) Water pressure and volume shall be adequate for fire protection.

(5) Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles.

(6) The parking and circulation plan shall be referred to the local police department and fire company for comments regarding traffic safety and emergency access.

(7) Nursing homes shall have a bed capacity of at least 20 beds, but no more than 200 beds.

(8) All property lines adjacent to residential use or zoning classification shall be screened by Buffer Area B, as defined by § 225-121B of this chapter.

(9) A private use helipad for air ambulances shall not be permitted as part of a hospital.

(10) Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (DEP) and the U.S. Environmental Protection Agency (EPA).

V. Hotel/motel, subject to:

(1) The site shall have frontage on and direct vehicular access to an arterial or collector street.

(2) The minimum lot area required shall be 1,000 square feet per sleeping unit for one-story buildings and 750 square feet per sleeping unit for buildings exceeding one story.

(3) Where two or more principal buildings are on one lot, the minimum distance between the principal buildings shall be as follows:

(a) Front-to-front or front-to-rear or rear-to-rear: 70 feet.

(b) Side-to-side: 20 feet.

(c) Front-to-side or rear-to-side: 50 feet.

(4) Each room shall have at least 300 square feet of floor area (including bath), and no sleeping unit shall contain more than two bedrooms.

(5) There shall be a minimum of six sleeping units.

W. Kennel, subject to:

(1) The minimum lot area required for a kennel with outdoor runs shall be two acres.

(2) All outdoor kennels or runs shall be constructed for easy cleaning and shall be adequately secured by a minimum six-foot-high fence with self-latching gate.

(3) Outdoor kennels or runs shall be located at least 200 feet from any property line adjacent to residential use or residential zoning district and at least 50 feet from any other property line.

(4) Overnight boarding shall be permitted only within a completely enclosed building.

(5) Kennels shall be licensed by the commonwealth and shall continue to maintain a valid license throughout the operation.

(6) The property shall be maintained in a clean, odor-free and sanitary condition.

(7) The maximum noise level at the property line shall be 60 dBa.

X. Membership club, subject to:

(1) Any membership club which includes a restaurant or bar shall meet the off-street parking requirements of Article XIV for eating and drinking establishments for the portion of the building devoted to the restaurant or bar in addition to the parking required for a membership club.

(2) All operations shall be conducted within a completely enclosed building and doors and windows shall remain closed during any hours when entertainment is presented.

(3) Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.

(4) All off-street parking which adjoins a residential zoning district shall be screened by a minimum six-foot-high compact dense evergreen hedge.

Y. Mini-warehouse, subject to:

(1) No business activities other than rental of storage units shall be conducted on the premises. Mini-warehouse use is not a retail, wholesale, office or other use beyond that of dead storage only.

(2) Bufferyard A shall be provided in accordance with the requirements of § 225-121 of this chapter along all property lines which adjoin residential use or zoning classification.

(3) The perimeter of the site shall be fenced with a minimum eight-foot fence with self-latching gate.

(4) All outdoor storage areas shall be enclosed by walls, fences, buildings or landscape screening, or a combination thereof, at least six feet in height and shall be constructed and maintained with not less than 50% of the surface impervious to light.

(5) All lights shall be shielded to direct light away from adjacent property but shall be of sufficient intensity to discourage vandalism and theft.

(6) Every portion of the property used for warehouse purposes shall be located not closer than 100 feet to any property in an R, S or C Zoning District.

(7) one dwelling unit for a permanent employee and family is permitted, provided such dwelling unit comprises not more than 5% of the total lot area and conforms to all restrictions for a single-family dwelling specified in the R-2 District.

(8) Parking shall be provided in accordance with the requirements of § 225-105D.

(9) All one-way driveways shall have a minimum of one ten-foot parking lane plus one twelve-foot travel lane.

(10) All two-way driveways shall provide a minimum of one ten-foot parking lane plus two ten-foot travel lanes. Parking lanes may be eliminated where the driveway does not serve storage units.

(11) All interior driveways shall be paved with an asphalt or concrete surface sufficient for the loads the driveways are expected to bear.

(12) The site shall be designed in such a manner as to permit forward movement of all vehicles both upon entering and upon leaving the site.

(13) The number, location and width of entrances to and exits from the site shall be determined by Borough Council after a recommendation from the Planning Commission and the Police Chief. At least two exits shall be provided.

(14) Maximum size of lot:

(a) In an I District: 150,000 square feet.

(b) In a C District: 75,000 square feet.

(15) Maximum building height shall be 20 feet.

Z. Motor freight terminal, subject to:

(1) Every portion of the property used for terminal purposes shall be located not closer than 100 feet to any property in a P, R, S or C Zoning District.

(2) Access for motor freight vehicles shall be by way of streets of adequate width as determined by Borough Council.

(3) The site shall be fully surrounded with a barrier adequate to insure that no portion of any vehicle shall extend beyond the lot line.

(4) In addition to adequate area within the site for docking, manipulation and maneuver of motor freight vehicles, a reservoir of parking area for motor freight vehicles waiting to be loaded or unloaded shall be provided at the rate of one parking space sufficient to park a motor freight vehicle for every four loading or unloading docks.

(5) The site shall be designed in such a manner as to permit forward movement of all vehicles both upon entering and upon leaving the site.

(6) The number, location and width of entrances to and exits from the site shall be determined by Borough Council after a recommendation from the Planning Commission and the Police Chief.

(7) No vehicular entrance or exit shall be closer than 300 feet to an entrance or exit of any elementary or secondary or vocational school, playground, church or public library located on the same side of a street or way and not separated therefrom by an intervening street or way.

AA. Garden apartments; townhouses; mid-rise or high-rise apartments, subject to:

(1) The property proposed for all multifamily dwellings, including mid-rise or high-rise dwellings shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

(2) The minimum lot area required to construct townhouse or garden apartments shall be 20,000 square feet. The maximum dwelling unit density for garden apartments and townhouses shall be 12 units per acre.

(3) All other minimum requirements of the R-2 Zoning District for the proposed dwelling type shall apply to garden apartments and townhouses.

(4) The maximum dwelling unit density for mid-rise or high-rise apartments shall be 30 units per acre.

(5) The maximum number of dwelling units in any townhouse building shall be eight.

(6) The maximum number of dwelling units in any garden apartment building shall be 24.

(7) The maximum length of any building shall not exceed 250 feet.

(8) Where two or more buildings exist on the same lot, the minimum distance between buildings shall be 20 feet or 50% of the height of the taller building, whichever is greater.

(9) On lots containing 12 or more dwelling units, all property lines adjacent to single-family use or zoning classification shall be screened by Buffer Area B, as defined by § 225-121B of this chapter.

(10) All parking areas adjacent to single-family use or zoning classification which are not screened by a buffer area shall be screened by a minimum six-foot-high compact evergreen hedge.

(11) All portions of the property not covered by buildings, driveways, parking, pools, shelters, gazebos or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.

(12) The design and orientation of the buildings on the property shall take into account compatibility with the visual impact on adjacent single-family residential properties. The building and the property shall be effectively landscaped to minimize such impacts on adjacent residential properties.

(13) On lots containing more than 24 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the prospective residents shall be provided, subject to approval by Borough Council.

BB. Personal care boarding home, subject to:

(1) The applicant shall show evidence of a license from the Commonwealth of Pennsylvania, Department of Public Welfare, Personal Care Boarding Home Program and the Allegheny County Health Department prior to obtaining a certificate of occupancy and shall maintain a valid license throughout its operation.

(2) No personal care boarding home shall be located within 1/4 mile of any other existing or proposed personal care boarding home.

(3) The minimum lot size for a personal care boarding home shall be 1,000 square feet per client. The minimum floor area per sleeping room shall be 120 square feet per client. Bedrooms for more than one person shall have no less than 100 square feet of floor space per person.

(4) Supervision of residents in a personal care boarding home shall be provided by responsible nonclient adults whose number shall be determined and certified by the appropriate supervisory agency(ies). The required staff supervision shall be provided on a twenty-four-hour-a-day basis while the residents are on the premises.

(5) Personal care boarding home operators shall be subject to all regulations of the Commonwealth of Pennsylvania, Department of Public Welfare.

(6) Personal care boarding homes shall be subject to housing, health and fire code inspections. These inspections shall be performed by the Zoning Officer or other designated Borough official.

(7) Adequate provisions shall be made for access by emergency medical and fire-fighting vehicles.

CC. Public buildings; firehouses, subject to:

(1) Ingress and egress to and from police stations and firehouses shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.

(2) Firehouses, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

(3) All outside storage of materials, vehicles or equipment shall be screened from public view from streets and adjacent properties by a six-foot hedge or opaque fence.

(4) Social halls in firehouses or other community buildings shall be subject to the parking requirements specified in Article XIV for eating and drinking establishments.

(5) Social halls in firehouses located in an R District or within 100 feet of an R District shall keep doors and windows closed during any hours when entertainment is presented.

(6) All off-street parking which adjoins residential use or residential zoning district shall be screened by Buffer Area C, as defined in § 225-121B of this chapter.

DD. Public indoor recreation facilities, subject to:

(1) The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

(2) Buffer Area B, as defined in § 225-121B of this chapter, shall be provided along all property lines adjacent to residential use or zoning classification if the indoor recreation facility is within 100 feet of the property line.

(3) All parking areas shall be screened by Buffer Area C, as defined in § 225-121B of this chapter, along all property lines adjacent to residential use or zoning classification.

EE. Public recreation; noncommercial recreation, batting cages, subject to:

(1) Lighting shall be controlled in both height and intensity to maintain neighborhood character, and in conformance with § 225-120G of this chapter. Luminaries shall be shielded to limit light shining beyond the lot lines onto neighboring properties. A lighting plan shall be submitted for review by the Borough Engineer and for approval by the Borough Council.

(2) Lighting, except for police-approved security purposes, shall be turned off between 11 p.m. and 6 a.m.

(3) Outdoor sound systems may be permitted, subject to conformance with § 225-120C of this chapter.

(4) The location of buildings and structures shall be designed to minimize the impact on adjacent residential properties.

(5) Batting cages shall be located at least 200 feet from any occupied dwelling.

(6) Buffer Area B, as defined in § 225-121B of this chapter, shall be provided along all property lines adjacent to residential use or residential zoning district for any active outdoor recreation facility that is within 100 feet of the property line.

(7) All parking areas shall be screened by Buffer Area C, as defined in § 225-121B of this chapter, along all property lines adjacent to residential use or residential zoning district.

(8) Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.

(9) Connection to public sewers and public water shall be required and adequate sanitary facilities shall be available to the public during regular hours of operation.

FF. Public utility buildings or structures, subject to:

(1) Public utility structures, other than buildings, may exceed the height limitations of the zoning district, provided the minimum required yards are increased by one foot for each one foot of height in excess of the maximum allowable height.

(2) Maintenance vehicles shall be stored within a completely enclosed building.

(3) Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot-high opaque fence with locking gate, fencing or by a six-foot-high compact dense evergreen hedge.

(4) Only those buildings or structures essential to the operation and maintenance of the essential services provided by a public utility shall be permitted in a residential zoning district. Administrative offices shall not be authorized under this subsection in any R Residential District.

GG. Adult-oriented businesses, subject to:

(1) [2]Persons or owners who intend to open an adult-oriented business must obtain from the Borough a license to operate such an enterprise pursuant to Chapter 60 of the Crafton Borough Code, Adult-Oriented Businesses, and must pay to the Borough an investigation fee as may be set from time to time by resolution of Borough Council. In addition, such persons or owners must supply to the Borough detailed information as to the ownership and financing as required pursuant to Chapter 60 of the Crafton Borough Code, Adult-Oriented Businesses.

[2] Editor’s Note: Former Subsection GG(1), permitting adult-oriented businesses in only the I Industrial District, was repealed 9-11-2018 by Ord. No. 1647. This ordinance also redesignated former Subsection GG(2) through (5) as Subsection GG(1) through (4).

(2) No adult-oriented business may be opened or operated if the establishment would be within 500 feet of a preexisting school, hospital, nursing home, group care facility, park, church, establishment which is licensed to and does sell alcoholic beverages, or other adult business.

(3) An adult-oriented business shall be initially licensed, where it has met the requirements set forth in Chapter 60 of the Crafton Borough Code, Adult-oriented Businesses, through December 31 of the year in which the license is issued. For each year thereafter that the adult-oriented business intends to continue as an adult-oriented business, it must seek from the Borough a renewal of the license. The lack of a valid license at any time shall be a proper basis for the Borough to deny or revoke an occupancy permit to an adult-oriented business.

(4) Any adult-oriented business found to be in violation of this section, as amended, shall be subject to the enforcement penalties of Chapter 60 of the Crafton Borough Code, Adult-oriented Businesses.

HH. Swimming pool (public); bathhouse, subject to:

(1) The minimum site required shall be one acre.

(2) The pool and bathing area shall be completely enclosed by a wall or fence so as to prevent uncontrolled access by children from the street or adjacent properties. The area immediately outside the enclosure shall be suitably landscaped with grass, hardy shrubs and trees and shall be maintained in good condition.

(3) All pools shall have permanent access to a public street.

(4) The pool shall be constructed in accordance with all applicable state requirements.

(5) No direct or sky-reflected glare, whether from floodlights or any other kind of lights, shall be visible from adjacent public streets or adjacent lots when viewed by a person standing on ground level.

II. Temporary uses or structures, other than construction trailers, subject to:

(1) Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this subsection as a condition of issuing a certificate of occupancy.

(2) Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than 30 days shall not be subject to the provisions of this subsection. Any such activity which exceeds 30 days in duration shall be subject to approval under this subsection.

(3) If applicable, a transient merchant license shall be obtained from the Borough.

(4) Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.

(5) All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.

(6) All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 225-105D for the specific use proposed.

(7) Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

(8) All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the zoning district in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the zoning district for accessory structures. No temporary use or structure shall be located in any public right-of-way.

(9) Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.

(10) Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot and are available to the customers or patrons of the temporary use or structure.

JJ. Use group development, subject to:

(1) R Residential Zoning Districts.

(a) The minimum lot area for use group development shall be 20,000 square feet.

(b) The minimum distance between principal buildings in such use group development shall be adequate to provide spacing equivalent to the minimum that would be provided by application of the yard requirements, if each building were placed on a separate zoning lot.

(2) C Commercial Zoning Districts.

(a) The use group development shall consist of two or more principal commercial buildings and may include accessory uses and structures grouped upon a single zoning lot of not less than one acre.

(b) The minimum distance between principal buildings in such use group development shall be adequate to provide spacing equivalent to the minimum that would be provided by application of the yard requirements, if each building were placed on a separate zoning lot.

KK. Uses in the Steuben Street Overlay, subject to:

(1) Properties in the Steuben Street Overlay, shown on the Official Zoning District Map, may be used for one or more of the following uses, provided that all of the requirements of this § 225-118KK are met:

[Amended 8-24-2011 by Ord. No. 1605]

(a) Business or professional offices.

(b) Business services.

(c) Medical offices.

(d) Convenience store.

(e) Day-care center.

(f) Drugstore.

(g) Financial institution.

(h) Food store.

(i) Personal service shop.

(j) Repair shop.

(k) Retail store.

(l) Restaurant; catering business, excluding rental hall.

(m) Automotive service center.

(2) Parking shall not be permitted in the front yard along Steuben Street. Parking shall be provided in the rear of buildings and rear access to the buildings shall be provided for pedestrians.

(3) The front yard along Steuben Street and any yard directly abutting property located outside the Steuben Street Overlay District shall be landscaped with grass and a mix of deciduous trees spaced a minimum of 15 feet measured from the center of the trunk and a variety of ornamental shrubs and flowering plants, subject to approval by the Borough.

(4) Building facades facing Steuben Street shall be designed to be consistent with the established residential character on Steuben Street.

(5) The maximum height of commercial buildings shall be 2 1/2 stories but no more than 35 feet.

(6) Retail use shall be limited to the first floor only. The second floor may be used for office or residential.

(7) The minimum required lot area shall be one acre and the minimum lot width required shall be 100 feet. Lot coverage and front, side and rear yard requirements of the R-2 Zoning District shall apply.

(8) Each business establishment shall be permitted to have one wall sign which shall be nonilluminated or indirectly illuminated.

(9) Internally illuminated signs shall not be permitted. The area of the wall sign shall not exceed one square foot for each lineal foot of the front wall of the building or a maximum of 64 square feet.

(10) Only one freestanding ground sign as defined in § 225-107A is permitted on each street frontage regardless of the number of businesses in the overlay area. The freestanding ground sign shall be nonilluminated or indirectly illuminated. Internally illuminated ground signs shall not be permitted. The maximum surface area of the ground sign shall be 24 square feet. The maximum height of the ground sign shall be six feet. The ground sign shall be located at least five feet from any property line or public or private street right-of-way line.

LL. Vehicle rental; vehicle sales, subject to:

(1) The area used for the display of merchandise offered for sale and the area used for the parking of customers and employee automobiles shall be continuously maintained in either concrete or asphalt over a base of crushed stone compacted to not less than six inches in depth, or such other surfacing of an equivalent or superior character if the same is first approved by the Zoning Officer. In addition, curbs or wheel bumpers shall be installed where necessary to prevent vehicle encroachment onto required yards.

(2) All lights and light poles shall be located and erected in such a fashion that the closest edge of such structure or equipment shall be not less than 10 feet from the nearest edge of the street right-of-way line, and all lights and illumination shall be directed into the sales area and away from the adjacent streets and adjacent lots.

(3) All required yards shall be properly landscaped and all landscaping shall be completed within two growing seasons.

(4) No article of merchandise shall be displayed outdoors less than five feet from the lot lines of adjacent properties.

(5) No strings of lights or flags, flashers or any other display paraphernalia shall be permitted.

(6) All required off-street parking stalls shall be reserved exclusively for the parking of customer or employee automobiles and are not to be used for the display of merchandise. Separation by curb, wall, planting, fence, grass stripping or painting shall be required between the customer parking area and the outdoor display area.

(7) Customer vehicles with external damage awaiting repairs shall be located either indoors or in an area outdoors of sufficient size, and in such fashion so that the vehicles therein will not be visible from the public streets or highways or from surrounding properties.

(8) All servicing and repair facilities shall be conducted entirely within an enclosed building.

(9) All such lots used for the outdoor display of automobiles, house trailers or trucks shall have included on the same zoning lot and as part of the same business facility a completely enclosed structure of not less than 2,500 square feet of floor area, and all repairs, servicing, sales and customer car washing shall be located and conducted therein.

(10) No vehicle shall be displayed or offered for sale outdoors which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

MM. Private club, subject to:

(1) The minimum lot area shall be 20,000 square feet.

(2) Clubhouses shall be located at least 50 feet from any property line in an S Conservancy or R Residential Zoning District.

(3) Operations shall be discontinued between 2:00 a.m. and 6:00 a.m. if the clubhouse is located within 100 feet of any residential dwelling on an adjacent lot, including lots located across a public street.

(4) If the private club includes a swimming pool, the criteria of § 225-118II shall be met.

(5) Where eating and drinking facilities are provided, the parking requirements specified in § 225-105D for eating and drinking establishments shall be met for the floor area within the club devoted to eating and drinking.

(6) Ingress, egress and internal traffic circulation on the site shall be designed to ensure safety for vehicles and pedestrians as well as access by emergency vehicles.

NN. All other uses not specifically listed as permitted or conditional use in any zoning district, subject to:

(1) Uses which are not specifically listed as permitted or conditional uses in any zoning district may be authorized in the I Industrial District by the Crafton Borough Council as a conditional use.

(2) In order to obtain a conditional use under this section, the applicant bears the burden of establishing the following to the satisfaction of the Borough Council:

(a) The proposed use must be fully consistent and in harmony with the purpose of the district in which it will be located.

(b) The impact of the use on the environment and adjacent streets is equal to or less than any use specifically permitted as a permitted or conditional use in the subject district.

(c) In determining the impact on the environment and adjacent properties, the Borough Council shall consider such development characteristics as the number of employees; the floor area of the proposed building devoted to the proposed use; the type of products involved; the materials, equipment or services involved, the magnitude of walk-in trade, traffic generation, parking demand, environmental impacts; and any other information that Borough Council determines will aid in determining the impact of the use.

(d) The proposed use shall comply with the expressed standards and criteria of the zoning district in which the use is to be located and all other requirements of this chapter and Chapter 197 of the Crafton Borough Code, Subdivision and Land Development.

(e) The proposed use shall be in accordance with the community objectives of this chapter and the Comprehensive Plan of the Borough of Crafton, as adopted and amended.

(3) Prior to the public hearing before the Borough Council, the applicant shall submit all studies, documents and testimony which applicant wishes to be considered in connection with the conditional use application, for review and recommendation by the Borough Planning Commission.

(4) When granting a conditional use pursuant to this section, the Borough Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter and Chapter 197 of the Crafton Borough Code, Subdivision and Land Development.

OO. Tattoo parlor and body piercing establishments, adult-oriented, subject to:

[Added 9-11-2018 by Ord. No. 1647]

(1) Persons or owners who intend to open an adult-oriented tattoo parlor or body piercing establishment must obtain from the Borough a license to operate such an enterprise pursuant to Chapter 60 of the Crafton Borough Code, Adult-Oriented Businesses, and must pay to the Borough an investigation fee as may be set from time to time by resolution of Borough Council. In addition, such persons or owners must supply to the Borough detailed information as to the ownership and financing as required pursuant to Chapter 60 of the Crafton Borough Code, Adult-Oriented Businesses.

(2) No adult-oriented tattoo parlor and body piercing establishments may be opened or operated if the establishment would be within 500 feet of a preexisting school, hospital, nursing home, group care facility, park, church, establishment which is licensed to and does sell alcoholic beverages, or other adult business.

(3) An adult-oriented tattoo parlor and body piercing establishment shall be initially licensed, where it has met the requirements set forth in Chapter 60 of the Crafton Borough Code, Adult-Oriented Businesses, through December 31 of the year in which the license is issued. For each year thereafter that the adult-oriented business intends to continue as an adult-oriented business, it must seek from the Borough a renewal of the license. The lack of a valid license at any time shall be a proper basis for the Borough to deny or revoke an occupancy permit to an adult-oriented tattoo parlor or body piercing establishment.

(4) Any adult-oriented tattoo parlor and body piercing establishment found to be in violation of this section, as amended, shall be subject to the enforcement penalties of Chapter 60 of the Crafton Borough Code, Adult-Oriented Businesses.