The purpose of conditional use regulations is
to permit certain uses with potential community-wide impact in particular
zones or districts when the conditions described for each use have
been fulfilled as determined by the Borough Council upon recommendation
of the Old Forge Borough Planning Commission.
Decisions for granting or denying conditional
use zoning permits shall be made by the Borough Council according
to the following procedures:
A. Decisions.
(1) Decisions for granting or denying conditional use
permits shall be made by the Borough Council after its receipt and
review of the Planning Commission's recommendation and after it has
held the required public hearing in order to hear evidence from involved
parties for the purpose of better gauging the potential implications
of the proposed use.
(2) Hearings shall be conducted pursuant to the procedures outlined in Article
X, Zoning Hearing Board; Administrative Proceedings.
(3) The Borough Council shall submit the application for
the proposed conditional use to the Borough Planning Commission at
least 30 days prior to the public hearing on the proposed use to provide
the Planning Commission with an opportunity to submit a nonbinding
recommendation.
(4) The Borough Council shall render a final decision
on the application within 45 days after the last public hearing. Where
the Borough Council fails to make its decision within the period required,
the decision shall be deemed in favor of the applicant.
(5) Decisions of the Board shall be made pursuant to the
standards and criteria expressed in this article, to the regulations
for the respective districts in which the uses are located and to
all other requirements of this chapter.
(6) The Borough Council shall grant an approval for a
conditional use only if it finds adequate evidence that the proposed
use meets both the general and specific requirements for such use.
B. Effect of chapter changes on application.
(1) When an application for a conditional use has been filed with the Borough Council and the subject matter of such application would ultimately constitute either a land development or a subdivision as defined in Article
III, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed.
(2) Provided, further, that should such an application
be approved by the Borough Council, the applicant shall be entitled
to proceed with the submission of either land development or subdivision
plans within a period of six months or longer or as may be approved
by the Borough Council following the date of such approval in accordance
with the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed before the Borough Council.
(3) If either a land development or subdivision plan is
so filed within said period, such plan shall be subject to the provisions
of the Pennsylvania Municipalities Planning Code (Act 247, as amended),
Section 508(1) through (4), and specifically to the time limitations of Section 508(4),
which shall commence as of the date of filing such land development
or subdivision plan.
C. Site plan. A plan for the proposed development of
a site for a conditional use shall be submitted with the application
for a conditional use permit to the Zoning Officer. Such plan shall
show the location of all buildings, open space, parking areas, traffic
access and circulation, landscaping and any other information required
for determining the conformance of the conditional use with the regulations
for that use.
D. General standards. Decisions for granting all conditional
uses shall be guided by the following general standards:
(1) The proposed use shall not jeopardize the objectives
of the Comprehensive Plan.
(2) Public services and facilities such as streets, sewers,
water, police and fire protection shall be adequate for the proposed
use.
(3) Existing and future streets and access to the site
shall be adequate for emergency services, for avoiding undue congestion
and for providing for the safety and convenience of pedestrian and
vehicular traffic.
(4) The relationship of the proposed use to other activities
existing or planned in the vicinity shall be harmonious in terms of
the location and size of the site relative to the proposed operation
and the nature and intensity of the operation involved.
(5) The relationship of the proposed use to other activities
existing or planned in the vicinity shall be harmonious in terms of
the character and height of buildings, walls and fences so that property
is not impaired.
(6) The proposed use shall not be more objectionable in
its operations in terms of noise, fumes, vibrations, smoke, fly ash
or lights (such as flashing, neon, flood, spot, etc.) than would be
the operations of any permitted use in the district.
(7) Any other reasonable conditions and safeguards, in
addition to those expressed in this chapter, may be implemented by
the Borough Council if it deems it necessary for implementing the
purposes of the Pennsylvania Municipalities Planning Code (Act 247,
as amended) and this chapter.
Uses permitted by conditional use include the
following, for which additional regulations are prescribed:
A. Adult entertainment establishments (C-2 District).
(1) Purpose. The purpose of this conditional use is to
provide for establishments which have a sex-related nature or purpose
in an appropriate environment which prevents the deleterious blighting
or downgrading effects which a concentration of such uses or the inappropriate
placement of such uses may have upon surrounding neighborhoods.
(2) Use regulations. The conditional uses shall be adult entertainment establishments as designated herein under Subsection
A(6), Uses designated and regulated.
(3) Dimensional regulations. The dimensional regulations
shall be the same as those applicable to the C-2 Commercial District.
(4) Development regulations. Adult entertainment establishments
(as defined herein) shall be subject to the following development
regulations:
(a)
Comprehensive Plan. Proposed adult entertainment
establishments shall be consistent with the Comprehensive Plan of
the Borough of Old Forge if one has been adopted.
(b)
Site location. Adult entertainment establishments
shall be located only in the C-2 Commercial District, and the proposed
location of such an establishment within such district shall be at
least 500 feet distant from another such adult use, residential district,
property lines of churches and related religious institutions and
property lines of schools, playgrounds and parks.
(5) Supplementary regulations. (See Article
VIII.)
(a) Adult uses. No adult use, as so defined, shall be located less than
750 feet from any residential dwelling, place of worship, a public
or quasi-public use or structure, or a zoning boundary of any residential
zoning district. Measurements of the required distance shall be made
in a straight line, from the nearest portion of the structure or premises
of an adult use to the nearest property line of the above-noted uses.
The structure and/or premises of an adult use, including all off-street
parking areas, shall be completely enclosed by a fence, no less than
eight feet in height and screened by a variety of evergreen tress
which shall be planted no more than six feet apart and being not less
than eight feet in height at the time of planting. The owner of the
property shall be responsible to maintain such screening, including
the replacement of any trees which are damaged, die, removed by whatever
means or otherwise fail to grow.
[Added 12-7-1999]
(6) Uses designated and regulated. Uses designated and
regulated as adult entertainment establishments include adult bookstores,
adult cabarets, adult coffee shops, adult drive-in theaters, adult
massage businesses, adult mini motion-picture theaters, adult motion-picture
theaters, adult videocassette rentals and sales and any and all such
other establishments in which live or photographic nudity is readily
visible.
B. Cluster housing developments (R-1 and R-1A Districts).
(1) Purpose. The purpose of this use is to provide for
housing that can be clustered together to achieve greater economies
in the construction of roads and utilities, to maximize the preservation
of open space on a tract and to allow for greater flexibility of layout
design.
(2) Use regulations. The types of housing permitted in
cluster developments shall be the same as those otherwise permitted
in the district in which the tract is located.
(3) Dimensional regulations. The total area of the site
shall not be less than the total area that would be required if the
dwellings were placed on individual lots in their respective districts.
Height and coverage regulations of the district in which such developments
are located shall apply.
(4) Development regulations. A proposed cluster housing
development shall be subject to the following development regulations:
(a)
Arrangement of buildings. Although flexibility
of design is encouraged, no building shall be closer to any other
building, including its projections, than 20 feet.
(b)
Buffer area. A buffer area shall be required along all boundary lines of the tract and along access roads within the tract. Such buffer area shall be used for no other purpose than landscaping. The buffer shall be an area of not less than 20 feet in width and shall be planted and maintained in a screen planting of materials prescribed in Article
VIII.
(c)
Subdividing and developing. A cluster housing development shall be subject to the regulations of Chapter
305, Subdivision and Land Development.
C. Garden apartment housing developments (R-1 District).
(1) Purpose. The purpose of this use is to provide for
garden apartment developments that can maximize the preservation of
open space on a tract in an R-1 Zone.
(2) Use regulations. The types of housing permitted in garden apartment developments shall conform to the definition of "garden apartment dwellings" in Article
III of this chapter.
(3) Dimensional regulations. The total area of the site
of a garden apartment development in an R-1 Zone shall not be less
than eight acres. Height and coverage regulations of the district
in which such developments are located shall apply.
(4) Development regulations. A proposed garden apartment
housing development shall be subject to the following development
regulations:
(a)
Arrangement of buildings. Although flexibility
of design is encouraged, no building shall be closer to any other
building, including its projections, than 20 feet.
(b)
Buffer area. A buffer area shall be required along all boundary lines of the tract and within the tract. Such buffer area shall be used for no other purpose than landscaping and access roads which cross the buffer. The buffer shall be an area of not less than 20 feet in width and shall be planted and maintained in a screen planting of materials prescribed in Article
VIII.
(c)
Subdividing and developing. A garden apartment housing development shall be subject to Chapter
305, Subdivision and Land Development.
D. Mobile home parks (R-2 District) [special exception in a C-2 District per §
350-32A(8)].
(1) Purpose. The purpose of this use is to provide for
mobile home parks in such a way that their development is safe and
sanitary and fit for human habitation and that their development is
acceptable and compatible with other development in the district in
which they are located.
(2) Use regulations. The uses shall be mobile homes and
those accessory uses usually associated with such a facility.
(3) Dimensional regulations.
(a)
Minimum park area. A mobile home park shall
have an area of at least 10 acres.
(b)
Minimum park width. A mobile home park shall
have a minimum width along the principal access roadway of 300 feet.
(c)
Minimum front yard. The minimum front yard setback
shall be 100 feet for the park.
(d)
Minimum rear yard. The minimum rear yard setback
shall be 100 feet for the park.
(e)
Minimum side yards. The minimum side yard setbacks
shall be 100 feet for each side of the park.
(f)
Height. The maximum height for any building,
principal or accessory, shall be the lesser of one story or 15 feet.
(g)
Coverage. The maximum park area covered by buildings
shall be 20%. The maximum impervious cover shall be 35%.
(4) Development regulations. A mobile home park shall
be subject to the following development regulations:
(a)
Comprehensive Plan. A proposed mobile home park
shall be consistent with the Comprehensive Plan of the Borough of
Old Forge if one has been adopted.
(b)
Site location. A mobile home park shall be located
on land having a reasonably flat terrain (having an average slope
of 8% or less). The land area shall be free from swamps, marshes,
garbage, excessive noise, smoke or other elements generally considered
detrimental to residential development. The location shall be free
from flooding by a one-hundred-year flood and shall have access to
public roads.
(c)
Placement of mobile homes. Each mobile home
site shall be provided with a stand or pad consisting of two concrete
strips to accommodate the wheel base of the mobile home, or a full
slab the length and width of the mobile home which is to be placed
upon it. The poured concrete base shall measure one foot deep and
40 feet long, and, if strips, for each of the two strips, two feet
wide. Each mobile home site shall also be provided with a poured concrete
outdoor patio six inches deep and at least 180 square feet in area
at the main entrance to the mobile home. The mobile home shall be
required to be provided with anchors and tie-downs which are able
to sustain a total tensile load equal to four times the weight of
the particular mobile home.
(d)
Mobile home lots. Only one mobile home, including
its extensions and additions, may be placed on each mobile home lot,
which shall have access to a hard-surfaced street in the mobile home
park. Each lot shall have a minimum area of 4,000 square feet and
a minimum width of 40 feet. The minimum front yard shall be 10 feet,
the rear yard five feet and each side yard five feet. The minimum
distance between buildings shall be 20 feet. No more than 20% of each
lot shall be covered by buildings.
(e)
Subdividing and developing. A mobile home park shall be subject to the regulations of Chapter
305, Subdivision and Land Development.
(5) Supplementary regulations. (See Article
VIII.)
E. Multifamily dwellings (R-1A and R-2 Districts).
(1) Purpose. The purpose of this use is to permit multiple-family
dwellings in residential districts, provided that certain development
standards are met.
(2) Use regulations. The use shall consist of multiple-family
dwellings containing up to six units per building and any accessory
uses usually associated with multiple-family dwellings.
(3) Dimensional regulations.
(a)
Minimum lot area. Multifamily developments shall
meet the minimum lot size, tract width, tract depth, yard (front,
side and rear) requirements, lot coverage and lot area per dwelling
unit specified in the zoning schedule for the zone district in which
it is located.
(b)
Minimum distance between buildings. No principal
building, including its projections, on the lot shall be closer than
20 feet to any other principal building on the same lot.
(c)
Building height. The maximum height of any building
shall be 40 feet or three stories, whichever is less, per Borough
Fire Chief approval.
(4) Supplementary regulations. (See Article
VIII.)
(5) Subdividing and developing. A multifamily dwelling shall be subject to the regulations of Chapter
305, Subdivision and Land Development.
F. Office parks (C-3 District).
(1) Purpose. The purpose of this use is to provide for
development of planned office park developments.
(2) Use regulations. The use allowed shall be office parks
and accessory uses needed to operate such developments.
(3) Dimensional regulations.
(a)
Minimum tract area. The minimum tract area shall
be 30 acres.
(b)
Minimum tract width. The minimum tract width
shall be 300 feet.
(c)
Minimum yards. All yard setbacks, front, side
and rear, shall be 100 feet in depth as measured from the street line
or from the side or rear district lines or from a property line in
different ownership but in the same use.
(d)
Height. The maximum height of any building shall
be as required for the district in which the office park is located.
(e)
Coverage. The maximum land area covered by buildings
and other impervious cover shall be 10% of the tract area.
(4) Development regulations.
(a)
Performance standards. All activities of the
office park development and operation shall comply with all regulations
governing such a use by such agencies as the Pennsylvania Department
of Environmental Protection (DEP), the Pennsylvania Department of
Transportation (DOT) and the Pennsylvania Department of Labor and
Industry (DL&I).
(b)
Buffer area. A buffer area shall be required along all boundary lines of the tract and within the tract. The buffer may include the required tract setbacks and shall be used for no other purpose than landscaping and access roads which cross the buffer. The buffer shall be an area of not less than 50 feet in width and shall be planted and maintained in a screen planting of materials prescribed in Article
VIII.
(5) Supplementary regulations. (See Article
VIII).
(6) Subdividing and developing. Since an office park is a land development as defined in Article
III, it shall also be subject to the regulations found in Chapter
305, Subdivision and Land Development.
G. Solid waste facilities (I-2 District).
(1) Purpose. The purpose of this use is to regulate the
siting of solid waste facilities within the Borough and to provide
for the appropriate disposal of solid waste in accordance with the
requirements of the Pennsylvania Department of Environmental Protection.
(2) Use regulations.
(a)
Solid waste facilities, when authorized by this
chapter, shall be permitted in the I-2 District, Heavy Industry. Under
no circumstances, however, shall a landfill proposed under this chapter
be utilized for the storage of wastes characterized by the Pennsylvania
Department of Environmental Protection as toxic, hazardous or radioactive
waste. Such solid waste facilities shall comply with all of the regulations
of the Pennsylvania Department of Environmental Protection for such
facilities and the following additional regulations and conditions:
[1]
Evidence of compliance with all other local,
state and federal laws regulating the design, siting, permitting and
use of such facilities.
[2]
All such uses shall provide a fifty-foot-deep
buffer zone along the perimeter of the property line. Said buffer
zone shall include natural screening (i.e., trees and shrubs) adequate
to completely visually screen such uses from neighboring properties.
The fence or wall required in this section must be located inside
of the buffer zone at least 15 feet from the perimeter of the property.
[3]
All such uses shall be permitted to operate
only between the hours of 7:00 a.m. and 5:00 p.m., Monday through
Friday, and 7:00 a.m. to 12:00 noon on Saturday and are not permitted
to operate on Sundays or legal holidays. In no event shall filled
or partially filled solid waste vehicles be allowed to remain on site
after closing time.
(b)
Exemptions.
[1]
Exempt from the provisions of this part of this
chapter are vehicles having less than one cubic yard of solid waste
and vehicles parked in retail business establishments for a reasonable
amount of time, not to exceed three hours, while the operator makes
use of the establishment.
[2]
Exempt from this chapter are solid waste containers,
limited to 15 cubic yards in size, designed to store but not transport
the solid waste from retail business establishments, wholesale business
establishments and residences.
[3]
This chapter is not intended to regulate the
solid waste facilities and/or operations of the Borough of Throop,
a municipal corporation; and therefore, by this statement, the Borough
of Throop is exempt from all aspects of this chapter except for the
administration and enforcement of this chapter with respect to others.
(3) Dimensional regulations.
(a)
Minimum tract area. The minimum tract area shall
be 300 acres.
(b)
Minimum tract width. The minimum tract width
shall be 1,000 feet.
(c)
Minimum yards. All yard setbacks, front, side
and rear, shall be 300 feet in depth as measured from the street line
or from the side or rear district lines or from a property line in
different ownership but in the same use.
(d)
Height. The maximum height of any building shall
be as required for the district in which the facility is located.
(e)
Coverage. The maximum land area covered by buildings
and other impervious cover shall be 1% of the tract area.
(f)
Distance to nearest use. All such uses shall
be located no closer than 300 feet from any residential or commercial
zone, existing public right-of-way, rivers and streams, the property
lines of a residential property, recreational facility or cemetery.
(4) Development regulations.
(a)
Performance standards. All activities of the
sanitary landfill operation shall comply with all regulations governing
odors, fumes, dust, smoke, vibration, noise, sewage, rodents, hazards,
soil erosion and sediment runoff and any other side effects of the
operation deemed injurious to the public health, safety and welfare
by such agencies as the United States Environmental Protection Agency
(EPA), the United States Occupational Safety and Health Administration
(OSHA), the United States Natural Resources Conservation Service (NRCS),
the Pennsylvania Department of Environmental Protection (DEP), the
Pennsylvania Department of Health and the Pennsylvania Department
of Labor and Industry (DL&I).
(b)
Buffer area. A buffer area shall be required along all boundary lines of the tract and within the tract. The buffer may include the required tract setbacks and shall be used for no other purpose than landscaping and access roads which cross the buffer. The buffer shall be an area of not less than 100 feet in width and shall be planted and maintained in a screen planting of materials prescribed in Article
VIII. In addition, all such facilities shall be surrounded by a fence or wall having a minimum height of 10 feet, and such fence or wall shall be of such quality as not to detract from the character of the surrounding area. The required fence must be located inside of the required buffer zone at least 15 feet from the perimeter of the property.
(c)
Design and operation. No sanitary landfill shall
be allowed until approved as to design by the Pennsylvania Department
of Environmental Protection, and no operation shall be allowed to
continue except in conformance with the operational regulations for
landfills of the Pennsylvania Department of Environmental Protection.
(d)
Sewer Authority approval. Evidence of the approval
of the Lower Lackawanna Valley Sanitary Authority of a pretreatment
permit for the facility, if required.
(e)
Fencing. All such facilities shall be surrounded
by fence or wall having a minimum height of 10 feet, which height
shall be adequate to screen such uses and the contents thereof from
adjacent property. Such fence or wall shall not detract from the character
of the adjacent land uses.
(f)
Evidence of nuisance control. Provide adequate
documentation to the satisfaction of the Borough that the proposed
facility will take effective measures to prevent and control hazards
and/or nuisances from vectors, odors, noise, vibrations, dust and
other nuisances, including litter.
(g)
Erosion and sedimentation control plan. Provide
an erosion and sedimentation control plan and a stormwater control
plan prepared in accordance with state and federal guidelines for
such studies by a professional engineer using accepted engineering
principles and implement such plans prior to the beginning of construction
and of operation.
(h)
Protection of surface water and groundwater.
Provide the Borough with a surface water and groundwater study for
proposed operation prepared in accordance with state and federal guidelines
for such studies by a professional engineer. This study shall detail
the surface and subsurface water conditions and explain the precautions
that will be undertaken to prevent any subsurface or groundwater contamination
from the proposed facility.
(5) Supplementary regulations. (See Article
VIII.)
(6) Subdividing and developing. Since the construction and/or development of a solid waste facility is a land development as defined in Article
III, it shall also be subject to the regulations found in Chapter
305, Subdivision and Land Development.
H. Trucking facilities. The property shall not be less than four acres
in area. Access drives shall be no more than 25 feet in width. Where
the operation abuts on the rear or side lot lines of a zoning district
containing residences as a principal permitted use, a solid wall or
substantial, attractive fence no less than eight feet in height shall
be constructed and maintained in good condition along such boundary.
No truck parking or terminal operation shall be allowed within 50
feet of any lot line. Outside lighting shall be directed away from
adjacent properties.
[Added 12-7-1999]