[Ord. 1112, 1/19/2010]
In zoning districts where an adult facility is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
The owner(s) and operator(s) of an adult facility shall be responsible for the conduct and safety of the employees and patrons and shall be available to respond to inquiries and promptly quell any disturbances caused by the employees and/or patrons.
B. 
An adult facility shall not be located within 1,000 feet of any other adult facility. Said distance shall be measured from the lot line of one facility to the nearest lot line of the other facility.
C. 
An adult facility shall not be permitted to be located within 1,000 feet of any public or private school, day-care facility, public recreation facility, or any place of worship/assembly, nor be closer than 500 feet from a residence nor from where any children are permitted and normally congregate.
D. 
No materials, merchandise, film, or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
E. 
Any building or structure used and occupied as an adult facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed; and no sale materials, merchandise, film or offered items of service or entertainment shall be visible from outside the structure.
F. 
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
G. 
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
H. 
Each and every entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult facility and that persons under the age of 18 are not permitted to enter and warning all others that they may be offended upon entry.
[Ord. 1112, 1/19/2010]
In zoning districts where agriculture activities are designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
All agriculture-related buildings shall not be closer to any lot line than 150 feet.
B. 
Surface water runoff from areas where animals are enclosed shall be diverted away from adjacent properties and shall not contaminate downstream watercourses.
C. 
As regulated by Part 9, Performance Standards, no offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced. The impacts of traffic and environmental conditions shall also be considered as part of the Borough's evaluation.
D. 
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
E. 
Any new operation as part of an existing agricultural operation shall not be approved by the Borough until an erosion and sedimentation control plan has been prepared and found satisfactory by the County Conservation District, if said plan is applicable.
[Ord. 1112, 1/19/2010]
In zoning districts where an animal hospital/care facility is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Such uses and structures shall be located at least 100 feet from any lot line adjoining a residential use or zoning district and at least 50 feet from any other lot line.
B. 
Animal holding areas shall be within an enclosed building.
C. 
If any adjacent property is or has been developed for any residential dwelling, the kennels/boarding area of said animal hospital/care facility shall be soundproofed to minimize noise impact on adjacent properties.
D. 
The facility shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the local/County Health Department shall be maintained.
E. 
At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.
F. 
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
G. 
No disposal of dead animals shall occur on the lot. Cremation shall only be permissible if lawful in accordance with other requirements of the Mechanicsburg Borough Code relating to such instances.
[Ord. 1112, 1/19/2010]
In zoning districts where an appliance store is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
B. 
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
[Ord. 1112, 1/19/2010; as amended by Ord. 1138, 6/17/2014]
A. 
Uses not otherwise provided for. Any use which clearly is not permitted by right, by special exception use, nor by conditional use by this chapter within any zoning district within the Borough, then such use shall be prohibited, except that the Borough Council may permit such use by conditional use pursuant to this Part relating to conditional uses in accordance with the following standards:
(1) 
The proposed use is:
(a) 
In general conformity with the most recent version of the Borough's Comprehensive Plan, community development objectives or other applicable plans adopted by the Borough.
(b) 
In harmony with the zoning district, neighborhood, and area in which it is proposed.
(c) 
Similar to and compatible with uses permitted in the zoning district in which the subject property is located.
(d) 
Not permitted in any other zoning district within the Borough under the terms of this chapter.
(e) 
In no way conflicting with the general purposes and intent of this chapter or the zoning district in which the subject property is located.
(2) 
The external impacts associated with the proposed use are equal to or less intensive than external impacts associated with other uses permitted in the zoning district in which the subject property is located.
(3) 
The location of the proposed use does not endanger the public health and safety.
(4) 
The proposed use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.
(5) 
The proposed use complies with the Borough's building, health, housing, rental, safety, property and other applicable local, county, state, and federal code and licensing requirements. All such licenses, certificates, and permits shall have been obtained and presented to the Borough, or shall be a condition of approval.
(6) 
The proposed use meets the applicable standards relating to conditional uses as provided in § 27-701 of this chapter.
(7) 
The applicant shall provide:
(a) 
An hours of operation and management plan in accordance with § 27-508 of this chapter. This information is required for both residential and nonresidential uses.
(b) 
A detailed description of how the proposed use and development complies with Subsection A(1) through A(5) immediately above.
(c) 
Plot/site plans required by this chapter.
(d) 
A schematic architectural drawing of the principal building's facade.
[Ord. 1112, 1/19/2010]
In zoning districts where an automotive dealer is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Automobile sales shall have direct access to an arterial road.
B. 
All automobile sales shall have a maximum lot area of one acre.
C. 
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for firesafety can be maintained at all times.
D. 
All outdoor display areas adjacent to a residence or residential zoning district shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.
E. 
One tree (2 1/2 inches in caliper) per 15 display spaces shall be planted on the lot.
F. 
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
G. 
Landscaping requirements:
(1) 
A decorative landscaped strip shall be located immediately adjoining the supporting structure of any signage in all directions.
(2) 
A hedge or other desirable planting of at least two feet in height shall extend the entire length and breadth of the required landscaped strip.
H. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
[Ord. 1112, 1/19/2010]
In zoning districts where an automotive repair shop/service station is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
The maximum lot area for an auto repair and service station shall be 20,000 square feet.
B. 
An automobile repair and service station shall have direct ingress/egress to an arterial road.
C. 
All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
D. 
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
E. 
All fuel, oil and other flammable substances shall be stored at least 20 feet from any property line.
F. 
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.
G. 
Sufficient buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
H. 
Cars stored on site shall be parked and/or stored on the side or rear of the lot. A 10% increased screening width applicable to the lot line adjacent to said parking and/or storage shall be provided.
[Ord. 1112, 1/19/2010]
In zoning districts where an automotive parts store (including tube/tire supply) is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
An automotive parts store shall have a maximum of two points of ingress/egress to a major street as defined by this chapter.
B. 
All automobile parts and accessories and similar materials shall be stored within a completely enclosed building.
C. 
No outdoor storage shall be permitted.
D. 
Sufficient buffering or parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
E. 
A circulation plan acceptable to the Borough Engineer shall be submitted identifying the location of parking, movement and stacking.
[Ord. 1112, 1/19/2010]
In zoning districts where a banking service (with drive-through) is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
A banking service (with drive-through) shall have a maximum of two points of ingress/egress to a major street as defined by this chapter.
B. 
Said use shall have frontage on a major street.
C. 
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.
D. 
A circulation plan acceptable to the Borough Engineer shall be submitted identifying the location of parking, movement and stacking. Stacking shall not interfere with the primary entrance.
[Ord. 1112, 1/19/2010]
In zoning districts where a banking service (without drive-through) is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
No banking service (without drive-through) shall be constructed within 400 feet of an existing banking service or other financial service.
[Ord. 1112, 1/19/2010]
In zoning districts where a bed-and-breakfast is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
No more than six bedrooms may be available or used for such use in any structure. Said bedrooms do not account for any supplied for the resident owner/manager.
B. 
One and one-fourth off-street parking spaces for each bedroom shall be provided. All parking spaces and driveways shall be surfaced with all-weather surfacing. Said spaces shall be in addition to any of those supplied for the resident owner/manager.
C. 
The owner of the facility or resident manager must reside therein.
D. 
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
E. 
Accessory uses shall be permitted so long as they complement the bed-and-breakfast use and do not have a detrimental or adverse effect on surrounding lots.
F. 
For a use proposed to occupy an existing residential structure, no exterior modifications except in rear and side yards shall occur as part of said reuse.
[Ord. 1112, 1/19/2010]
In zoning districts where a billboard is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Number permitted: one per lot. Stacking of any billboard is prohibited.
B. 
Minimum lot size: 6,000 square feet.
C. 
Minimum lot width: 60 feet.
D. 
Yard requirements:
(1) 
Front yard: 50 feet.
(2) 
Side yard:
(a) 
Adjoining an industrial district: 25 feet.
(b) 
Adjoining a residential zoning district: 200 feet.
(c) 
Adjoining all other zoning districts: 100 feet.
E. 
Maximum height of billboard, whichever is less of the following:
(1) 
Twelve feet above the ground level upon which the billboard is located; or
(2) 
Twelve feet above the elevation of the center line of the pavement of the adjacent street at the point nearest the sign.
F. 
Maximum size of billboard: eight feet high by 20 feet in length.
G. 
No billboard shall be located within 500 feet of any other billboard.
H. 
No billboard shall be illuminated.
I. 
Landscaping requirements:
(1) 
A decorative landscaped strip shall be located immediately adjoining the supporting structure of the billboard in all directions;
(2) 
A hedge or other desirable planting of at least two feet in height shall extend the entire length and breadth of the required landscaped strip; and
(3) 
The rear side of a single-faced billboard shall be of one color and screened by existing or natural landscaping materials or by a planting of evergreen trees at least six feet tall.
[Ord. 1112, 1/19/2010]
In zoning districts where a brew pub is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
A brew pub shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
B. 
A brew pub hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental odors, noise, disturbance or interruption. An hours-of-operations plan and associated requirements defined by the Pennsylvania Liquor Control Board shall be submitted as part of any application for such use.
C. 
The brew pub owner(s) and operator(s) of a brew pub shall be responsible for the conduct and safety of the patrons.
D. 
No outdoor storage shall be permitted.
E. 
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
F. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
[Ord. 1112, 1/19/2010]
In zoning districts where a building material/garden supply store is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
All outdoor storage areas shall be screened from adjacent uses in accordance with this chapter.
B. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
C. 
Outdoor storage and sales shall be aligned and displayed in an orderly fashion and shall not be permitted in a front yard.
[Ord. 1112, 1/19/2010]
In zoning districts where a car wash is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
The maximum size of the lot shall be one acre.
B. 
A car wash shall provide a minimum of three stacking spaces per washing bay.
C. 
Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to ensure that the traffic flow on public street rights-of-way is not endangered in any way. A separate means of ingress shall be established and clearly marked, as shall be a separate means of egress from the car wash. It shall be the responsibility of the owner to avoid any congestion in the public street right-of-way by directing traffic away from the facility by posting a "temporarily closed" sign or other means. Traffic studies and associated improvements may be required by the Borough as a condition of approval.
D. 
The car wash shall have direct access to an arterial or collector road, as defined by this chapter, or shall have a point of ingress/egress from a public or private street within the lot of another retail use. The road shall have sufficient capacity to handle traffic generated by the facility.
E. 
All equipment related to the operation of the car wash shall be properly screened to minimize nuisances to an adjoining lot.
F. 
A car wash that adjoins an existing nonresidential lot shall be buffered in accordance with this chapter. Grass, sod or turf shall not be considered an acceptable plant for use within landscaped buffer yards.
[Ord. 1112, 1/19/2010]
In zoning districts where a BYOB club is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Such club shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time of each day. No club located within 500 feet of a residence or place of worship shall be open or operated on Sunday.
B. 
Broad-form general liability coverage of $1,000,000 per single limit occurrence must be obtained and maintained for the entire period the club is in operation; proof of insurance and all renewals shall be submitted to the Zoning Officer.
C. 
A valid amusement permit pursuant to Chapter 24, Part 2, of the Mechanicsburg Borough Code must be obtained prior to occupancy and be prominently displayed in the premises.
D. 
The hours of operation must be conspicuously posted at the business premises such that patrons are sufficiently apprised of the same.
[Ord. 1112, 1/19/2010]
Communication towers shall be a permitted conditional use, subject to the following conditions and/or standards:
A. 
Use regulations and standards of approval.
(1) 
A telecommunication tower is permitted as a conditional use as designated in the I District only.
(2) 
A telecommunication tower that is not mounted on an existing structure or that is more than 12 feet higher than the structure on which it is mounted is only permitted as a conditional use in designated zoning districts.
(3) 
All other uses ancillary to the communication tower and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the communication tower unless otherwise permitted in the zoning district in which the communication tower is located. Ground transformer/generators and related ground equipment shall be permissible.
(4) 
The height of any antenna on said tower shall not exceed the height of the structure by more than 12 feet. If the antenna is to be mounted on an existing tower, a full site plan shall not be required.
B. 
Standards of approval.
(1) 
A freestanding commercial communication tower shall be set back a distance equivalent to 1/2 of the height of the tower from all property lines and street right-of-way lines.
(2) 
The base of a freestanding tower shall be surrounded by a secure fence with a minimum height of eight feet.
(3) 
All commercial communication towers shall be surrounded by a secure fence with a minimum height of eight feet.
(4) 
Commercial communication towers designed to accommodate at least three users shall accommodate two users and shall be restricted to 100 feet in height. Proof of collocation arrangements must be presented at the time of application.
(5) 
Shared use of existing towers or placement of antennas on existing structures shall be preferred to the construction of new towers. The applicant for a tower shall demonstrate to the satisfaction of the Borough Council that there is not an existing alternative structure which will reasonably meet the engineering and service needs of the proposed commercial communication facility. The Borough shall consider approving a new commercial communication tower only where the applicant demonstrates that shared use of an existing tower or placement of an antenna on a preexisting structure is impractical or impossible.
(6) 
Any commercial communication tower that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of such tower and the owner of the property where the tower is located shall be under a duty to remove the abandoned telecommunication facility. The owner of such tower or property where such tower is removed is responsible to restore the ground to the preexisting condition. If such tower is not removed within 60 days of receipt of notice from the Borough notifying the owner(s) of such abandonment, the Borough may declare such tower a public nuisance, remove it and place a lien upon the property for costs of removal.
(7) 
No sign or other advertising shall be allowed on any tower, excepting that the communication company shall be permitted a sign not to exceed two square feet for identification and notification purposes in case of an emergency.
(8) 
No illumination is permitted on commercial communication towers unless required by the FCC, FAA or other state or federal agency of competent jurisdiction, or unless necessary for air traffic. If lighting is required, the Zoning Officer shall review the disturbance to the surrounding uses and views. Strobe-type lighting is prohibited, but other types of flashing light may be used where required by federal regulations.
(9) 
Access to a commercial communication tower and communication equipment building shall be provided by means of a public street or easement to a public street; the easement shall be a minimum of 20 feet in width and shall be improved to a width of at least one foot with a dust-free, all-weather surface for its entire length.
(10) 
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a commercial communication tower and accompanying antenna(s).
(11) 
The applicant shall demonstrate that the proposed commercial communication tower and communications antenna(s) proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(12) 
Commercial communication towers shall comply with all other federal, state and local requirements, including Borough codes.
(13) 
Applicants shall utilize camouflaging techniques to the maximum extent feasible.
(14) 
See also "commercial communications antenna."
C. 
Additional standards. In addition to the foregoing, the following standards shall also apply to communication towers and the applications for conditional use:
(1) 
Inspection. The Borough Council may require periodic inspections of communication towers to ensure structural integrity. Such inspections may be required by owners as follows:
(a) 
Monopole towers: at least once every three years.
(b) 
Self-support towers: at least once every three years.
(c) 
Guyed towers: at least once every three years.
(2) 
Inspections shall be conducted by an engineer licensed by the Commonwealth of Pennsylvania. The result of such inspections shall be provided to the Borough. Based upon results of an inspection, the Borough may require repair or removal of a communication tower.
(3) 
Equipment in a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise, or safety impact of such maintenance. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street. A surfaced and maintained driveway with parking inside the fence boundaries must also be constructed.
(4) 
When lighting is required and permitted by the FAA or other federal or state authority, it shall be oriented inward so as not to project onto a surrounding lot.
(5) 
Prior to the site plan certification, the applicant shall provide documentation that the proposed communication tower has been reviewed and is not determined to be a hazard by the FAA or the authorized Cumberland County department. Said department shall review the communication tower application to determine if it is a hazard to any FAA flight paths.
(6) 
Applicants will be required to execute a developers' agreement with the Borough Council in a form acceptable to the Borough Solicitor. Such agreement may be subject to bonding as defined by the Borough.
[Ord. 1112, 1/19/2010]
In zoning districts where convenience store is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
B. 
Building and parking setbacks shall be consistent with the existing building and parking setbacks of the adjoining and neighboring lots on the block on which the development is located.
C. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
D. 
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
E. 
A convenience store shall have a maximum of two points of ingress/egress to an arterial or collector street, as defined by this chapter, unless otherwise prohibited by this chapter.
F. 
Off-street parking shall be provided in accordance with the provisions of Part 8, Parking and Loading.
G. 
An hours-of-operation plan shall be submitted for Borough review and approval to ensure that the use does not negatively impact adjacent uses specifically as related to noise, light and/or traffic.
H. 
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.
I. 
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
J. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
[1]
Editor's Note: Former § 27-728, Cottage Industry, Ord. 1112, 1/19/2010, was repealed by Ord. 1138, 6/17/2014.
[Ord. 1112, 1/19/2010]
In zoning districts where an architectural materials design studio/center is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
[Ord. 1112, 1/19/2010]
In zoning districts where a financial service, other, is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Off-street parking shall be provided in accordance with the provisions of Part 8, Parking and Loading.
[Ord. 1112, 1/19/2010]
In zoning districts where a fuel/energy recharge station (retail) is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
A fuel/energy recharge station (retail) shall have a maximum of two points of ingress/egress to an arterial or collector street, as defined by this chapter.
B. 
A station shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections. Unless otherwise defined by the Borough, said distances shall be 40 feet from an intersection.
C. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
D. 
Building and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
E. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
F. 
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
G. 
A fuel/energy recharge station (retail) shall have a maximum of two points of ingress/egress to a major street, as defined by this chapter, unless otherwise prohibited by this chapter.
H. 
Fuel pumps and/or energy recharge access points shall not be located between a building facade and a street right-of-way.
I. 
An hours-of-operation plan shall be submitted for Borough review and approval to ensure that the use does not negatively impact adjacent lot activity specifically as related to noise, light and/or traffic.
J. 
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.
[Ord. 1112, 1/19/2010]
In zoning districts where a furniture and home furnishing retail store is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
A listing of products which contain toxic and/or explosive materials shall be kept on record at all times.
B. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
C. 
Dumpsters shall be located to the rear of the lot and screened with the same building material of the principal building. Dumpsters shall be screened with an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
[Ord. 1112, 1/19/2010]
In zoning districts where a grocery store is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhoods.
B. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
C. 
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.
D. 
A grocery store shall have a maximum of two points of ingress/egress to an arterial or collector street, as defined by this chapter.
E. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
F. 
Dumpsters shall be located to the rear of the lot and screened with the same building material of the principal building, buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
[Ord. 1112, 1/19/2010]
A. 
The home occupation shall be carried on completely within the dwelling unit or accessory building.
B. 
Not more than two persons other than the occupants of the dwelling unit shall be employed.
C. 
Not more than 25% of the floor area of a main building shall be devoted to a home occupation.
D. 
Parts sold or offered for sale shall be limited to those produced on the premises or to articles which are clearly incidental to the home occupation and directly related thereto, such as hair care products by a barber or beautician. If the gross sales of articles not produced on the premises exceed 25% of the gross receipts from the home occupation and sales of articles produced on the premises, such sales shall not be deemed to be incidental to the home occupation and shall not be permitted. It shall be the home occupation operator's responsibility to file an accurate and attested annual report of gross business receipts with the Zoning Officer to serve as proof of compliance with this provision.
E. 
There shall be no exterior display or sign (except as permitted in the regulation of signs in this chapter), no exterior storage of materials, and no other exterior indication of the home occupation or variation of the residential character of the main building.
F. 
As regulated by Part 9, Performance Standards, no offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.
G. 
A home occupation may include craft shops, art studios, dressmaking or millinery, barbershop, beauty parlor, teaching, music or dance instruction limited to a single pupil at a time, real estate or insurance office, the professional office of a dentist, physician, lawyer, engineer, planner, accountant, or architect, home telephone sales, or any other activities of a similar nature.
H. 
A home occupation shall under no circumstances be interpreted to include retail goods, kennels or any occupation where the principal activity involves sales offered across the counter.
I. 
Off-street parking shall be provided in accordance with the provisions of Part 8, Parking and Loading.
[Ord. 1112, 1/19/2010]
In zoning districts where a hospital/medical center is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
The institution shall be accredited by the commonwealth.
B. 
The institution shall be the sole occupant of the lot.
C. 
Access located along a street shall take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections. Unless otherwise defined by the Borough, said distances shall be 40 feet from an intersection.
D. 
Parking areas shall be screened from view of neighboring houses or those directly across the street and/or alley from the lot in accordance with the buffer yard requirements of this chapter.
[Ord. 1112, 1/19/2010]
In zoning districts where a hotel is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
The maximum number of persons permitted in any one room or suite is four.
B. 
Service of meals and/or beverages (alcoholic and nonalcoholic) must be secondary to the principal use of room or suite rental.
C. 
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
D. 
Off-street parking shall be provided in accordance with the provisions of Part 8, Parking and Loading.
E. 
Sufficient screening and buffering of parking areas and outdoor common spaces must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
F. 
The space between hotel buildings shall be not less than 20 feet, and the space between the fronts or rears of units shall be not less than the dimensions required for courts, where such are formed by the arrangement of units.
[Ord. 1112, 1/19/2010]
In zoning districts where heavy manufacturing is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
B. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
C. 
As part of all land development or conversion of an existing building, the landowner and/or developer shall provide a plan for photometrics of the lot.
D. 
All materials and equipment shall be stored within a completely enclosed building. Outdoor storage shall be subject to Borough review and approval.
E. 
Hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
F. 
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.
[Ord. 1112, 1/19/2010]
In zoning districts where light manufacturing is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
B. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
C. 
As part of all land development or conversion of an existing building, the landowner and/or developer shall provide a plan for photometrics of the lot.
D. 
All materials and equipment shall be stored within a completely enclosed building.
E. 
The use shall comply with all performance standards specified in this chapter.
F. 
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
G. 
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.
[Ord. 1112, 1/19/2010]
In zoning districts where a miscellaneous repair service shop is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
All items for service or for which service has been completed shall be located in an enclosed building.
[Ord. 1112, 1/19/2010]
In zoning districts where a small-scale business, professional and/or medical office is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Off-street parking shall be provided in accordance with the provisions of Part 8, Parking and Loading.
B. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
C. 
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
[Ord. 1112, 1/19/2010]
In zoning districts where a large-scale business, professional and/or medical office is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
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.
B. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
C. 
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.
[Ord. 1112, 1/19/2010]
In zoning districts where a parking lot/structure is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
[1]A parking structure shall be illuminated in conformance with the requirements of this chapter and any applicable provisions outlined in Chapter 22, Subdivision and Land Development.
[1]
Editor's Note: Former Subsection A, regarding a parking structure as accessory to the principal use of a lot, was repealed by Ord. 1138, 6/17/2014. This ordinance also provided for the redesignation of former Subsections B, C, D, E, F and G as Subsections A, B, C, D, E and F, respectively.
B. 
A parking structure shall not be located any closer to a right-of-way line or a property line than what is permitted by the building setbacks defined in this chapter.
C. 
The perimeter of a parking structure and lot shall be landscaped in conformance with the buffer yard and landscaping requirements of this chapter.
D. 
The lot shall have a maximum of one identification sign per ingress/egress point.
E. 
Ingress/egress points must be designed so as not to impact surrounding development and traffic patterns.
F. 
All lots located adjacent to existing residential development shall reduce exterior lights to half power after 9:00 p.m. and shall be screened per this chapter.
[Ord. 1112, 1/19/2010]
A place of worship/place of assembly shall be a permitted conditional use, subject to the following conditions and/or standards:
A. 
A primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
A traffic impact study 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 number of points of ingress/egress shall be based upon projected peak-hour traffic for the use and approved by the Engineer to ensure employee and visitor safety.
D. 
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
E. 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
[Ord. 1112, 1/19/2010]
In zoning districts where research and development is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this chapter.
B. 
A research-and-development facility shall have one point of ingress and egress to a public arterial or collector street.
C. 
Hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
D. 
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Borough for record.
[Ord. 1112, 1/19/2010]
In zoning districts where a restaurant (with drive-through) is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
A restaurant (with drive-through) shall have a maximum of two points of ingress/egress to an arterial or collector street, as defined by this chapter.
B. 
Building characteristics and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
C. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
D. 
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
E. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot.
F. 
Off-street parking shall be provided in accordance with the provisions of Part 8, Parking and Loading.
G. 
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.
[Ord. 1112, 1/19/2010]
In zoning districts where a retail store (large-scale) is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods.
B. 
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. 
Building setbacks shall be consistent with the existing building setbacks of adjoining lots.
D. 
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Lighting levels shall also be reduced by 1/2 their standard operating power between 11:00 p.m. and 6:00 a.m.
E. 
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.
F. 
The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust or other disturbances.
G. 
One landscaped island for every seven parking spaces shall be provided within all parking areas. All landscaped islands shall contain one tree a minimum of two inches diameter at breast height.
H. 
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.
[Ord. 1112, 1/19/2010]
In zoning districts where a commercial school is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Such use shall not exceed the impact on the neighborhood and adjacent streets of any use specifically listed as permitted in the zoning district in which the commercial school is located. In making such determination, the following characteristics shall be considered:
(1) 
The number of employees.
(2) 
The number of students.
(3) 
The floor area of the building or gross area of the lot devoted to the proposed use.
(4) 
The type of products, materials, equipment and/or the process involved in the proposed use.
(5) 
The traffic and environmental impacts.
(6) 
The ability of the proposed use to comply with the performance standards of this chapter.
B. 
The commercial school shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
C. 
Commercial schools shall have a minimum of one point of ingress/egress to an arterial or collector road, as defined by this chapter. The road shall have sufficient capacity to handle traffic generated by the facility.
D. 
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot.
E. 
At no time shall any supply materials or equipment be permitted to be stored outdoors.
F. 
Any facility accommodating truck training shall identify adequate circulation is available on and accessing said lot.
[Ord. 1112, 1/19/2010]
A social services office shall be permitted as a conditional use, subject to the following express standards and criteria:
A. 
Facilities and equipment to support overnight boarding shall be permitted. A list of all boarders shall remain current and on file at all times.
B. 
Overnight boarding may be provided as an incidental use to the normal daily operations of said social services agency, occupying no more than 15% of the floor area of the structure.
C. 
An inventory of all medications currently stored on site shall be available at all times.
[Ord. 1112, 1/19/2010]
A tavern/pub shall be a permitted conditional use, subject to the following conditions and/or standards:
A. 
The owner(s) and operator(s) of a tavern/pub shall be responsible for the conduct and safety of the patrons.
B. 
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
[Ord. 1112, 1/19/2010; as amended by Ord. No. 1176, 5/3/2022]
In zoning districts where a tattoo establishment is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Applicable business and Health Department licensing shall be available and displayed in public at all times.
B. 
An hours-of-operation schedule shall be submitted at the time of application. Hours of operation shall be scheduled to not cause detrimental impacts of noise, traffic and other performance-related standards on surrounding neighborhood development.
C. 
No tattoo establishment lot shall be located within a one-thousand-five-hundred-foot radius of another tattoo establishment lot line.
[Ord. 1112, 1/19/2010]
In zoning districts where a theater is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
A theater/auditorium's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
B. 
For parking lots that provide space for more than 50 cars, a theater/auditorium shall have two direct points of ingress/egress from the adjoining arterial and/or collector street(s). The points of ingress/egress shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
C. 
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas shall be incorporated as defined by the Borough, to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
D. 
Any additional standards that are needed to protect public health, safety, and welfare, or to address unique characteristics of a particular lot defined by the Borough shall be complied with by the landowner and/or developer.
E. 
Hours of operation shall be scheduled to ensure compatibility with surrounding land uses. Hours of operation for outdoor facilities shall be approved by the Borough.
F. 
Noise generated from any performance activity shall not exceed 100 decibels within 100 feet of the lot line of said use.
G. 
A circulation plan acceptable to the Borough Engineer shall be submitted identifying the location of parking, movement and stacking.
[Ord. 1112, 1/19/2010]
In zoning districts where a utility use is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Front, side and rear yards shall be provided in accordance with the regulations of the zoning district in which the facility is located.
B. 
Height restrictions shall be as required by the zoning district regulations.
C. 
Unhoused equipment shall be enclosed within a fence constructed of materials present on the majority of adjacent principal structures. Said fence shall be a minimum of six feet in height.
D. 
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required, and the yards shall be maintained in accordance with the zoning district in which the facility is located.
E. 
Screen planting in residential and commercial districts shall be completed in accordance with this chapter.
F. 
No outdoor storage shall be permitted in any residential zoning district or OT or CMM Zoning District.
G. 
The external design of the building shall be, to the greatest extent possible, in conformity with the design of the majority of buildings on the block, block face and adjacent lots of the subject lot.
[Ord. 1112, 1/19/2010]
In zoning districts where a warehouse is designated as a conditional use, the use shall be permitted upon the approval of the Borough Council, subject to the following requirements:
A. 
Buffering of parking and loading areas shall be provided in accordance with this chapter.
B. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
C. 
All equipment, supplies, materials and other apparatus shall be properly screened. Screens shall be constructed within an earth berm, landscaped buffer yard, fence or wall (fence or wall in OT and CMM Districts only) with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and with a minimum opacity of 80%.
D. 
All lot boundaries adjoining an existing residential lot shall provide a landscaped buffer yard of a minimum of 15 feet in width. The buffer yard shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and ground covers.
E. 
A warehouse that adjoins an existing residence shall not begin mechanical operations until 7:00 a.m. and shall cease all mechanical operations by 9:00 p.m.