[Ord. 1112, 1/19/2010]
General criteria for evaluation of conditional uses:
A. In evaluating an application for a conditional use, the Borough Council
shall apply the guidelines and procedures set forth in the Pennsylvania
Municipalities Planning Code.
B. The criteria for conditional uses are listed in this Part. As part
of these criteria, the following considerations and evaluations shall
be made for all conditional uses:
(1)
Building and parking setbacks shall be consistent with the existing
building and parking setbacks of the adjoining and neighboring lots
on the block on which the development is located. The location and
arrangement of parking on a lot shall be designed and constructed
so that general safety and circulation is optimized and so that the
impact of vehicles and lighting on rights-of-way or residential activity
in proximity to the lot is minimized. The Borough reserves the right
to increase buffer yard requirements, to require parking to be located
behind the minimum front facade of the principal building or to designate
other measures on the lot in order to maximize safety and/or minimize
impacts to surrounding uses.
(2)
As part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be zero footcandles.
(3)
Unless the landowner and/or developer can present a development
alternative which demonstrates it is only feasible that surface parking
only can exist within a lot's yard which is adjacent to Main or Market
Street or to another corner lot, no surface parking shall front on
Main and/or Market Street or on a corner lot of said streets.
(4)
In order to protect and/or safeguard the historical character
of existing development in the Borough, for cases where there is the
reuse of a residential structure or a lot on which a residential structure
exists, the landowner and/or developer shall maintain the characteristics,
inclusive of but not limited to massing, heights and exterior historical
features, of said residential structure with surrounding residential
structures.
(5)
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhood.
(6)
A traffic impact study acceptable to the Borough Engineer shall
be required to be submitted where the proposed development, according
to the Institute of Transportation Engineers' (ITE) standards, will
generate 100 trips in addition to the adjacent roadways' peak-hour
volumes.
C. The consideration of a conditional use by the Borough Council upon
review of recommendations by the Planning Commission shall be predicated
on the applicant's submission of a written application containing
all of the information required under this section, together with
a site plan meeting the requirements of this chapter and any other
Borough ordinance as applicable.
D. The written submission shall demonstrate that the development for
which the conditional use is sought will meet the primary criteria
outlined below:
(1)
Will not endanger the public health and safety and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration as prohibited by Part
9 of this chapter.
(2)
Meets all other requirements of this chapter in the zoning district
where the use is proposed.
(3)
Is in general conformity with the Mechanicsburg Borough Comprehensive
Plan and is attractive and in harmony with the area in which it is
proposed.
(4)
Is an appropriate use on the proposed lot as a conditional use.
(5)
If defined as part of any conditional use, said conditional
use shall be completed within the identified time frame. Also, the
Borough Council may grant an extension of time for any completion
date if the applicant or his agent requests such an extension and
if good cause for the extension is shown. If, at the end of the identified
time frame or extended completion period, the conditional use is not
completed, and if no extension has been granted, the approval of the
conditional use shall be null and void.
(6)
Upon approval of any conditional use by the Borough Council,
any prior approved conditional use for the same tract of land shall
become null and void.
(7)
Information, including the address of the applicant, the location
of the site, a listing of lot owners who shall receive notice of such
zoning application, the zoning district and other relevant information
as defined by the Borough, shall be submitted.
E. The site plan shall show to scale the entire lot to be ultimately
developed and shall indicate the location, height, and use of structures,
driveways, signs, parking areas and topographical and/or natural features
of the lot. An architectural rendering of the structures proposed
shall also be submitted.
F. Conditional use approvals shall be subject to periodic inspections
to ensure compliance with the conditions of approval.
G. The Borough Council and/or Borough Planning Commission may attach
additional conditions in order to protect the public's health, safety,
and welfare. These conditions may include but are not limited to increased
screening.