[Ord. 984, 12/14/2015]
The following procedures shall apply to all applicants for approval
of a conditional use or use by special exception in all zoning districts.
[Ord. 984, 12/14/2015]
In addition to the general standards and criteria for all conditional
uses and uses by special exception listed in § 902 above,
an application for any of the following uses that 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:
903.1.
Adult Business, subject to:
A. Adult businesses, as defined by this chapter, shall not be permitted
in any Zoning District other than the I Industrial, District.
B. All adult businesses shall comply with the requirements of Borough
Ordinance No._____ as now or hereafter amended.
C. An adult business shall not be located within 1,000 feet of any of
the following uses: a church; public or private pre-elementary, elementary
or secondary school; public library; day-care center or preschool
facility; public park or residential dwelling. The distance shall
be measured in a straight line from the nearest portion of the building
or structure containing the adult business to the nearest property
line of the premises of any of the above-listed uses.
D. Any adult business, other than an adult motel, that exhibits on the
premises in a viewing room (a separate compartment or cubicle) of
less than 150 square feet of floor space a film or videocassette or
other video or image production or reproduction that depicts nudity
or sexual conduct shall comply with the following:
(1)
At least one employee shall be on duty and shall be situated
in each manager's station at all times that any patron is present
inside the premises.
(2)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the manager's station
of every area of the premises to which any patron is permitted access
for any purpose, excluding restrooms. Restrooms shall not contain
video reproduction or viewing equipment. If the premises has two or
more manager's stations designated, then the interior of the
premises shall be configured in such a manner that there is unobstructed
view of each area of the premises to which any person is permitted
access for any purpose from at least one of the manager's stations.
The view required by this subsection shall be by direct line of sight
from the manager's station.
(3)
It shall be the duty of the owners and operators and any agents
and employees present on the premises to ensure that the viewing area
remains unobstructed by any doors, walls, merchandise, display racks
or other materials at all times and to insure that no patron is permitted
access to any area of the premises that has been designated in the
application submitted to the Borough as an area in which patrons will
not be permitted.
(4)
No viewing room shall be occupied by more than one person at
a time. No connections or openings to an adjoining viewing room shall
be permitted.
(5)
The premises shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place in which patrons
are permitted access at an illumination of not less than one footcandle
as measured at the floor level. It shall be the duty of the owners
and operators and any agents and employees present on the premises
to ensure that the illumination is maintained at all times that any
patron is present on the premises.
(6)
If live performances are to be given, the premises in which
such live performances are to be offered shall contain a stage separated
from the viewing area, and the viewing area shall not be accessible
to the performers.
E. If the adult business involves live performances, the performers
shall not have easy access to the viewers present.
F. The owner and operator of any adult nightclub shall provide security
officers, licensed under the laws of the commonwealth, if the maximum
permitted occupancy exceeds 50 persons.
G. No stock in trade that depicts nudity or sexual conduct shall be
permitted to be viewed from the sidewalk, street or highway.
H. No signs or other displays of products, entertainment or services
shall be permitted in any window or other area that is visible from
the street or sidewalk.
I. Windows shall not be covered or made opaque in any way.
J. Notice shall be given at the entrance stating the hours of operation
and restricting admittance to adults only. The term "adult" shall
have the meaning provided by applicable statutory law.
K. Owners and operators of adult businesses shall obtain a license to
operate from the Borough. In addition, such owners or operators shall
supply to the Borough such information regarding ownership and financing
of the proposed business as is required by the Borough's licensing
application. Applications for licensing shall be filed with the Borough
Manager.
L. The adult business shall be initially licensed upon compliance with
all requirements of this section and provisions of the required licensing
application. For each year thereafter that the adult business intends
to continue, the owner or operator shall seek a renewal of the license.
The application for renewal shall be submitted to the Borough Manager
by November 1 of the year preceding the year for which renewal is
sought. The lack of license or failure to renew such license in a
timely manner shall be a violation of this chapter and shall be grounds
for denial or revocation of the certificate of occupancy for the adult
business.
903.2.
Assisted Living Facility; Independent Living Facility, subject
to:
A. The minimum site required shall be two acres.
B. The maximum dwelling unit density shall be 55 units per acre.
C. An assisted living facility shall include the following supporting
uses:
(1)
Common leisure and/or recreational areas.
D. In addition, an assisted living facility may include one or more
of the following supporting uses, subject to approval by the Borough:
(1)
Postal station for use of the residents and staff only.
(2)
Banking facility for use of the residents and staff only.
(3)
Pharmacy and/or medical offices for use of the residents only.
(4)
Personal services for the use of the residents only, including
beauty shop, barbershop, common laundry facilities, dry-cleaning valet.
(5)
Ice cream parlor and/or florist/gift shop for the use of residents
and their invited guests only.
(6)
Elderly day-care center licensed by the Commonwealth.
(7)
Taxi, van or similar transportation services for the residents.
E. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines adjoining property in an
R-1 or R-2 District.
F. Parking shall be provided for the dwelling unit in accordance with the requirements of Part
11 of this chapter. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.
903.3.
Automobile Service Station, subject to:
A. Such use shall not be located any closer than 200 feet to any property
in an R-1 or R-2 District.
B. Gasoline pumps shall be located no closer than 25 feet to any property
line.
C. All lighting shall be shielded away from adjacent lots.
D. No permanent stand, rack or other apparatus shall be placed so as
to project beyond any building line.
E. Such operations as car washing, waxing and greasing shall be conducted
within an enclosed building.
F. There shall be no storage of wrecked or dismantled vehicles outside
of a building, nor shall there be parking permitted on the lot of
vehicles or trailers in excess of one automobile per employee and
employer, plus three customers' vehicles per repair bay.
G. Ingress, egress and internal traffic circulation shall be designed
to ensure safety and accommodate peak demands without hazard or great
delay.
H. Canopies shall be permitted to be constructed over gasoline pumps,
provided that:
(1)
No portion of the canopy is closer than 10 feet to any property
line.
(2)
The canopy is not attached to the principal structure.
(3)
The canopy shall not be enclosed.
(4)
The canopy shall be removed immediately upon permanent discontinuance
of the dispensing of gasoline on the property.
I. Minimum lot size shall be 15,000 square feet, and minimum lot frontage
shall be 120 feet.
903.4.
Car Wash, subject to:
A. All car washing facilities shall be under a roofed structure that
has at least two walls.
B. Drainage water from the washing operation shall be controlled so
that it does not flow or drain onto berms, streets or other property.
C. Standing spaces shall be provided in accordance with the requirements
specified in § 903.10 for drive-through facilities.
D. The facility shall be connected to public water and public storm
sewers.
E. Driveway entrances shall be located at least 30 feet from the right-of-way
line of the intersection of any public streets.
903.5.
Communications Tower, subject to:
A. Only one communications tower shall be permitted on a lot. The lot
shall be under single ownership, and if several lots are utilized
to meet the requirements of this § 903.5, the lots shall
be consolidated into a single parcel.
B. The maximum height of a communications tower shall be 200 feet.
C. The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to function effectively.
D. The setback from all property lines (excluding lease lines) required
for the communications tower shall be 100% of the height of the tower.
E. Equipment cabinets and equipment buildings shall comply with the
height and yard requirements of the zoning district for accessory
structures. Setbacks shall be measured from the lease lines.
F. Access shall be provided to the communications tower and equipment
cabinet or equipment building by means of a public street or right-of-way
to a public street. The right-of-way shall be a minimum of 20 feet
in width and shall be improved with a dust-free, all-weather surface
for its entire length.
G. At least one off-street parking space shall be provided on the site
to facilitate periodic visits by maintenance workers.
H. The communications tower and all appurtenances, including guyed wires,
if any, and the equipment cabinet or equipment building shall be enclosed
by a minimum eight-foot-high chain-link security fence with locking
gate.
I. A landscaping screen shall be planted and maintained around the perimeter
of the security fence. The landscaping shall be an evergreen hedge
planted three feet on center maximum or a row of evergreen trees a
minimum of six feet in height planted 10 feet on center minimum, or
Borough Council may permit any combination of existing vegetation,
topography, decorative walls and other features which achieve the
same degree of screening as the required landscaping.
J. Communications towers shall be freestanding where the negative visual
effect is less than would be created by a guyed tower. Communications
towers shall have a galvanized finish or shall be painted silver.
If there is heavy vegetation in the immediate area, the portion of
the tower from base to tree line shall be painted green or brown to
match the trees.
K. No antenna or communications tower shall be illuminated, except as
may be required by the Federal Aviation Administration (FAA) or the
Federal Communications Commission (FCC).
L. The applicant shall demonstrate that it is licensed by the Federal
Communications Commission (FCC) to operate a communications tower.
M. The communications tower shall be designed and constructed to all
applicable standards of the American National Standards Institute,
ANSI/EIA-222-Manual, as amended.
N. Any applicant proposing a new freestanding communications tower shall
demonstrate that a good faith effort has been made to obtain permission
to mount the antenna on an existing building or other structure or
an existing communications tower. A good faith effort shall require
that all owners within a one-quarter-mile radius of the proposed site
be contacted and that one or more of the following reasons for not
selecting an alternative existing building or communications tower
or other structure apply:
(1)
The proposed equipment would exceed the structural capacity
of the existing building, communications tower or other structure,
and reinforcement of the existing building, tower or other structure
cannot be accomplished at a reasonable cost.
(2)
The proposed equipment would cause RF (radio frequency) interference
with other existing or proposed equipment for that building, tower
or other structure, and the interference cannot be prevented at a
reasonable cost.
(3)
Existing buildings, communications towers or other structures
do not have adequate space to accommodate the proposed equipment.
(4)
Addition of the proposed equipment would result in NIER (nonionizing
electromagnetic radiation) levels that exceed any adopted local, federal
or state emission standards.
O. All new communications towers shall be designed to structurally accommodate
the maximum number of additional users technically practicable and
foreseeable based on the available FCC licenses for the future. The
applicant shall demonstrate this with technical information prepared
by an expert. Borough Council may modify this requirement if it will
result in an unusually negative impact on the surrounding area.
P. The applicant shall demonstrate that the proposed communications
tower and the electromagnetic fields associated with the antennas
proposed to be mounted thereon comply with safety standards now or
hereafter established by the Federal Communications Commission (FCC).
Q. The applicant for the communications tower shall demonstrate compliance
with all applicable Federal Aviation Administration (FAA) and any
applicable airport zoning regulations.
903.6.
Community Club, subject to:
A. All activities, other than outdoor recreation, shall be conducted
within a completely enclosed building, as defined by this chapter.
Doors and windows shall remain closed during any time the entertainment
is presented.
B. Any rental of the facility to non members shall require on-site management
and/or security personnel during the event.
C. Activities on the site and within the building shall comply with
the noise standards specified in § 1001.3 of this chapter.
D. All off-street parking areas that adjoin property in an R-1 or R-2
District shall be screened by Buffer Area "B," as described in § 1002.1
of this chapter.
E. Any community club that includes a swimming pool shall be further
subject to the requirements of § 903.34 of this chapter.
903.7.
Comparable Uses Not Specifically Listed, subject to:
A. Uses of the same general character as any of the uses authorized
as permitted uses by right, conditional uses or uses by special exception
in the zoning district in which the property is located shall be allowed
if the Zoning Hearing Board determines that the impact of the proposed
use on the environment and adjacent streets and properties is equal
to or less than any comparable use specifically listed in the zoning
district. In making such determination, the Zoning Hearing Board shall
consider the following characteristics of the proposed use:
(2)
The floor area of the building or gross area of the lot devoted
to the proposed use;
(3)
The type of products, materials and equipment and/or processes
involved in the proposed use;
(4)
The magnitude of walk-in trade;
(6)
The traffic and environmental impacts and the ability of the
proposed use to comply with the performance standards of § 1001
of this chapter; and
(7)
For those uses included in the most recent edition of the Standard
Industrial Classification Manual published by the Office of Management
and Budget, whether the proposed use shares the same SIC code or major
group number as one or more uses that are specifically listed in the
zoning district.
B. The proposed use shall comply with all applicable area and bulk regulations
of the zoning district in which it is located.
C. The proposed use shall comply with any applicable express standards
and criteria specified in this Part for the most nearly comparable
use by special exception or conditional use listed in the zoning district
in which the comparable use is proposed.
D. The proposed use shall be consistent with the purpose statement for
the zoning district in which it is proposed and shall be consistent
with the community development objectives of this chapter.
E. The use shall comply with the performance standards of § 1001
of this chapter.
903.8.
Crematorium Accessory to a Funeral Home, subject to:
A. The minimum lot area required shall be 20,000 square feet.
B. Operations shall comply with the performance standards of § 1001.
C. The use shall comply with all applicable regulations of the Commonwealth
of Pennsylvania.
D. The use shall conform to the air quality regulations of the Allegheny
County Health Department.
903.9.
Day-Care Center or Preschool Facility, subject to:
A. The facility shall be registered with or licensed by the Commonwealth
of Pennsylvania.
B. In the R-1 and R-2 Districts, the facility shall be permitted to
be located only in a church or school.
C. Outdoor play areas shall be provided and shall be secured by a fence
with self-latching gate.
D. Outdoor play areas that adjoin property containing an existing single-family
or two-family dwelling shall be screened by Buffer Area "B," as described
in § 1002.1 of this chapter.
E. The general safety of the property proposed for a day-care center
or preschool facility shall meet the needs of small children.
F. One off-street parking space per each five clients shall be designed
for safe and convenient loading and unloading of clients so that clients
will not have to cross the parking area or lines of traffic.
G. In addition, one off-street parking space for each staff person and
one parking space for each facility vehicle shall be provided.
903.10.
Drive-Through Facilities, subject to:
A. The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined by this chapter.
B. In addition to the parking spaces required for the principal use,
a minimum of five standing spaces, in tandem, with a total length
of 100 feet, in direct line with each window or stall, shall be provided
for vehicles to wait in line. The standing spaces shall not interfere
with the use of any required parking spaces and shall not inhibit
the free flow of traffic on the site. The standing spaces shall be
designed so that waiting vehicles shall not stand in any right-of-way
or overflow onto adjacent properties, streets or berms.
C. Entrances, exits and standing spaces shall be adequately indicated by directional signs, as authorized by Part
12 of this chapter.
D. Parking areas and circulation patterns shall be adequately striped
and marked to facilitate traffic circulation on the site.
E. Ingress, egress and traffic circulation on the site shall be designed
to ensure safety and minimize congestion and the impact on local streets.
903.11.
Equipment Storage Yard, subject to:
A. The minimum site required for an equipment storage yard shall be
20,000 square feet.
B. Any areas not paved with hard surface shall have a dust control plan
that is submitted to the Borough Engineer for review and approval.
C. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
D. No repair of vehicles or equipment shall be permitted outside a completely
enclosed building, as defined herein.
E. All operations shall comply with the performance standards of § 1001
of this chapter.
F. Engines shall not be started or kept running before 6:30 a.m. or
after 8:00 p.m. if the site is located within 500 feet of an existing
dwelling, measured from any site boundary to any wall of an existing
dwelling.
G. All lighting shall be shielded and reflected away from streets and
any adjoining residential properties.
H. A stormwater management plan to control runoff of surface water shall
be submitted for review and approval by the Borough Engineer.
903.12.
Family Day-Care Home, subject to:
A. All of the applicable criteria for a home occupation specified in
§ 903.18 shall be met, except that there shall be no limitation
on the percent of floor area of the dwelling that may be devoted to
the family day-care home, and the family day-care home shall be deemed
not to create greater vehicular or pedestrian traffic than that which
is normal for the residences in the neighborhood.
B. Evidence shall be submitted that all applicable requirements of the
Pennsylvania Department of Public Welfare have been met, and continuing
compliance shall be maintained.
C. An adequate and safe off-street area shall be provided for dropping
off and picking up children that does not obstruct the free flow of
traffic on any public street or require children to cross lines of
traffic.
D. An adequate outdoor play area shall be provided and shall be secured
by a fence with self-latching gate.
903.13.
Fire and Emergency Medical Services, subject to:
A. The minimum lot area required shall be 10,000 square feet.
B. The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined herein.
C. All fire and emergency medical service vehicles shall be stored in
a completely enclosed building, as defined herein.
D. Ingress and egress to and from the site shall be designed to minimize
hazards for emergency vehicles entering the public street.
E. The site shall be adequately marked to indicate points of exit for
emergency vehicles onto the public street.
F. Exterior security lighting shall be provided between dusk and dawn.
G. Off-street parking shall be provided in accordance with the requirements of Part
11 of this chapter and shall be located so as not to obstruct the circulation of emergency vehicles into and out of the site.
H. If a fire service building includes a rental hall or banquet facilities,
the following criteria shall be met:
(1)
Any rental of the facility to nonmembers shall require on-site
management and/or security personnel during the event.
(2)
Off-street parking for the banquet facility or rental hall shall
be provided in accordance with the requirements of § 1102.4
for restaurants.
(3)
Activities on the site and within the building shall comply
with the noise standards specified in § 1001.3 of this chapter.
(4)
If entertainment is presented, doors and windows shall remain
closed during any entertainment involving a speaker system and/or
amplification.
(5)
All off-street parking areas that adjoin property in an R-1
or R-2 District shall be screened by Buffer Area "B," as described
in § 1002.1 of this chapter.
903.14.
Funeral Homes, subject to:
A. The minimum lot area shall be 10,000 square feet.
B. The site shall have frontage on and direct vehicular access to an
arterial or collector street, as defined herein.
C. All off-street parking areas that adjoin property in an R-1 or R-2
District shall be screened by Buffer Area "B," as described in § 1002.1
of this chapter.
D. Traffic circulation on the lot shall be designed to minimize congestion
and provide for the lining up of vehicles without obstructing the
free flow of traffic on adjoining streets.
903.15.
Group care facility; large personal care boarding home; and
transitional dwelling, subject to:
A. The minimum area and bulk regulations for a group care facility,
large personal care boarding home or transitional dwelling shall be
the same as those required for "all other principal uses" in the zoning
district in which the facility is located.
B. No group care facility, large personal care boarding home or transitional
dwelling shall be located within 500 feet of another existing or proposed
group care facility, large personal care boarding home or transitional
dwelling.
C. Adequate provisions shall be made for access by emergency medical
and firefighting vehicles.
D. Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
E. Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs, and the
area shall be secured by a fence with self-latching gate.
F. Where applicable, licensing or certification by the sponsoring agency
shall be prerequisite to obtaining a certificate of occupancy, and
a copy of the annual report with evidence of continuing certification
shall be submitted to the Zoning Officer in January of each year.
G. If applicable, reasonable accommodations may be requested in accordance
with the provisions of § 903.20 of this chapter.
903.16.
Heavy Manufacturing, subject to:
A. All operations shall comply with the performance standards specified
in § 1001 of this chapter.
B. All materials and equipment shall be stored within a completely enclosed
building, as defined herein, or shall be limited to storage in the
rear or side yard if screened from view from the street or adjacent
residential properties by a six-foot hedge or opaque fence.
C. Storage trailers which are accessory to a principal structure or
use shall be permitted on the site if they are screened in a fixed
location and are not used for hauling and provided that there is no
display or sale of merchandise from the trailer and there is no office
or other administrative use of the trailer.
D. No shipping or receiving shall be permitted within 300 feet of property
in an R-1 or R-2 District between the hours of 6:00 p.m. and 8:00
a.m.
E. Parking and loading areas shall be suitably illuminated for night
use, and all lighting shall be shielded and reflected away from streets
and any adjacent residential property.
F. Watchman's facilities shall be permitted, if necessary for the
security of the principal use, provided that such facilities shall
not be utilized as a permanent dwelling unit.
G. Adequate provisions shall be made for efficient traffic circulation
on the site and for access by public safety and emergency vehicles.
H. Off-street parking and loading facilities shall be provided in accordance with the requirements of Part
11 of this chapter.
I. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
903.17.
High-Technology Industries, subject to:
A. All operations shall comply with the performance standards specified
in § 1001 of this chapter.
B. Off-street parking and loading facilities shall be provided in accordance with the requirements of Part
11 of this chapter.
C. All materials and equipment shall be stored within a completely enclosed
building, as defined herein, or shall be limited to storage in the
rear or side yard if screened from view from the street or adjacent
residential properties by a six-foot hedge or opaque fence.
D. No shipping or receiving shall be permitted within 300 feet of property
in an R-1 or R-2 Zoning District between the hours of 6:00 p.m. and
8:00 a.m.
E. Watchman's facilities shall be permitted, if necessary for the
security of the principal use, provided that such facilities shall
not be utilized as a permanent dwelling unit.
F. Retail sales or distribution of manufactured products shall be permitted
as an accessory use to the principal manufacturing use when conducted
within a completely enclosed building, provided that no more than
15% of the gross floor area of all buildings is devoted to retail
sales or distribution and additional off-street parking is provided
based on the ratio required by § 1102.4 of this chapter
for retail sales and/or distribution.
G. Buffer Area "B," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
903.18.
Home Occupations, subject to:
A. The home occupation shall be carried on by a member of the family
residing in the dwelling unit.
B. No person other than residents of the dwelling or members of the
immediate family shall be employed.
C. No more than 15% of the gross floor area of the principal dwelling
shall be devoted to the conduct of the home occupation.
D. A home occupation shall not be permitted to be conducted in any accessory
structure.
E. The use shall not create any additional environmental impacts than
those impacts normally resulting from residential use.
F. The use shall comply with the performance standards specified in
§ 1001 of this chapter.
G. The use shall not cause an increase in the use of water, sewage,
electricity, garbage, public safety or any other municipal services
beyond that which is normal for the residences in the neighborhood.
H. The use shall not require internal or external alterations or construction
features that are not customary to a dwelling or that change the fire
rating of the structure.
I. There shall be no use of materials or equipment except that of similar
power and type normally used in a residential dwelling for domestic
or household purposes.
J. There shall be no storage of materials or equipment outside a completely
enclosed building, as defined herein.
K. The conduct of any home occupation, including, but not limited to,
the storage of goods or equipment, shall not reduce or render unusable
areas required for enclosed parking for the dwelling unit.
L. The use shall not create greater vehicular or pedestrian traffic
than that which is normal for the residences in the neighborhood.
M. Any need for parking generated by the conduct of the home occupation
shall be met off the street and on the lot other than in a required
front yard.
N. The home occupation shall not involve the use of commercial vehicles
for regular delivery of materials to or from the premises, and commercial
vehicles shall not be parked on the premises.
O. There shall be no regular display of merchandise available for sale
on the premises; however, merchandise may be stored on the premises
for off-site delivery only.
P. The home occupation shall not involve the use of advertising signs
on or off the premises or any other local advertising media which
shall call attention to the fact that the home is being used for business
purposes other than a telephone listing or small classified ad briefly
describing the service and providing only a telephone number.
Q. The following are examples of permitted home occupations, provided
that all of the foregoing criteria are met:
(1)
Artist, photographer or handicrafts studio;
(2)
Catering off the premises;
(3)
Contracting business, as defined herein, excluding landscaping
contractor;
(4)
Computer programmer, data processor, writer;
(5)
Consultant, clergy, counselor, bookkeeping, graphics or drafting
services;
(7)
Professional offices that involve routine visitation by customers
or clients;
(8)
Housekeeping or custodial services;
(10)
Jewelry and/or watch repair, not including wholesale or retail
sales;
(13)
Manufacturer's representative;
(16)
Tutoring or any other instruction to no more than five students
at any one time;
(17)
Word processing, typing, secretarial services.
R. The following uses shall not be considered home occupations and shall
be limited to the zoning districts in which they are specifically
authorized as permitted uses, conditional uses or uses by special
exception, including, but not limited to:
(1)
Beauty shop or barber shop;
(3)
Clinics, hospitals, nursing homes;
(5)
Equipment rental, sales or service;
(7)
Group care facility, personal care boarding home or transitional
dwelling;
(11)
Tutoring or any other instruction to more than five students
at a time;
(12)
Restaurants or tea rooms;
(13)
Retail or wholesale sales; flea markets;
(14)
Sale of guns, firearms and ammunition;
(15)
Tanning or massage salon;
(16)
Vehicle accessories sales and installation;
(17)
Vehicle rental, sales and service;
S. The acceptability of any proposed home occupation not specifically
listed above shall be determined by Borough Council in accordance
with the standards of this § 903.18 and the applicable criteria
for comparable uses not specifically listed, in § 903.7.
903.19.
Hospitals; Medical Clinics; Nursing Homes, subject to:
A. The minimum lot area required for a hospital shall be one acre. The
minimum lot area required for a medical clinic or nursing home shall
be 20,000 square feet.
B. The site shall have direct access to an arterial or collector road,
as defined by this chapter.
C. Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles and to minimize impact on local
streets.
D. All hospitals and nursing homes shall be licensed by the commonwealth.
E. The required front and rear yards shall be 30 feet each; the required
side yards shall be 10 feet each.
F. The maximum height of the structure shall be 45 feet.
G. Nursing homes shall have a bed capacity of at least 20 beds but no
more than 200 beds.
H. Nursing homes shall not be considered dwellings and shall not be
governed by the dwelling unit density requirements of the district
in which they are located.
I. For a hospital, all property lines that adjoin property in an R-1
or R-2 District shall be screened by Buffer Area "A," as described
in § 1002.1 of this chapter.
J. For a nursing home, all property lines that adjoin property in an
R-1 or R-2 District shall be screened by Buffer Area "B," as described
in § 1002.1 of this chapter.
K. All outdoor lighting shall be shielded away from streets and residential
property.
L. Disposal of medical waste shall be in accordance with all applicable
permits and handling requirements of the Pennsylvania Department of
Environmental Protection (PA DEP) and the U.S. Environmental Protection
Agency (EPA).
903.20.
Housing Requiring Accommodations, subject to:
A. Persons having a claim for a reasonable accommodation under the Fair
Housing Act or Americans with Disabilities Act shall submit a written
request including, at a minimum, the following information:
(1)
The name and address of the applicant; the name and address
of the property for which the accommodation is sought;
(2)
Specific citation of the provision of this chapter from which
the reasonable accommodation is requested;
(3)
The specific description of the reasonable accommodation sought
and the particulars, including exact dimensions of any proposed structural
location or distance or other locational accommodation;
(4)
The age, handicap, physical or mental condition of the applicant
for which the reasonable accommodation is sought;
(5)
A description of the hardship, if any, that the applicant will
incur absent granting of the reasonable accommodation requested;
(6)
A description of the alternative methods of relieving the claimed
hardship that have been considered and the reason, if any, why the
applicant has rejected such alternatives;
(7)
A statement describing why the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the property in question;
(8)
A description of the manner in which the accommodation, if granted,
will be terminated or removed if no longer required to afford equal
housing opportunity to handicapped or disabled persons; and
(9)
A statement of any facts indicating whether or not nonhandicapped
or nondisabled persons would be permitted to utilize the property
in question in a manner similar to that sought by the applicant.
B. In evaluating the request for reasonable accommodation, Borough Council,
with the advice of the Borough Solicitor, shall consider the following:
(1)
Whether the applicant is handicapped or disabled within the
meaning of the Federal Fair Housing Act Amendments or the Americans
with Disabilities Act;
(2)
The degree to which the accommodation sought is related to the
handicap or disability of the applicant;
(3)
The extent to which the requested accommodation is necessary
to afford the applicant an opportunity equal to a nonhandicapped or
nondisabled person to use and enjoy the property in question;
(4)
The extent to which the proposed accommodation may impact other
property owners in the immediate vicinity;
(5)
The extent to which the requested accommodation may be consistent
with or contrary to the purposes of this chapter, the Borough's
Comprehensive Plan and the community development objectives of this
chapter;
(6)
The extent to which the requested accommodation would impose
financial and administrative burdens on the Borough;
(7)
The extent to which the requested accommodation would result
in a subsidy, privilege or benefit not available to nonhandicapped
or nondisabled persons;
(8)
The permanency of the requested accommodation and the conditions
under which such accommodation will be removed, terminated or discontinued
when no longer needed to provide handicapped or disabled persons with
equal opportunity to use and enjoy the property in question; and
(9)
The extent to which the requested accommodation will increase
the value of the property during and after its occupancy by the applicant.
903.21.
Junk Yard; Salvage Yard, subject to:
A. The minimum site required shall be 10 acres.
B. The premises shall be maintained so as not to constitute a nuisance
or menace to public health and safety.
C. No garbage, hazardous materials or hazardous waste, as defined by
federal statute, or other organic waste shall be stored on the premises.
D. The handling and disposal of motor oil, battery acid and other substances
regulated by federal statute and the Pennsylvania Department of Environmental
Protection (PA DEP) shall be in accordance with all permits and requirements
of that agency. Any suspension, revocation or violation of the PA
DEP permits shall be a violation of this chapter and shall be subject
to the enforcement provisions of § 1501 of this chapter.
E. The manner of storage shall facilitate access for firefighting, shall
prevent hazards from fire or explosion and shall prevent the accumulation
of stagnant water.
F. The junk yard operation shall comply with the performance standards
of § 1001 of this chapter.
G. No junk shall be stored or accumulated and no structure shall be
constructed within 100 feet of any dwelling or within 40 feet of any
property line or public street.
H. The premises shall be enclosed by a stockade fence with self-latching
gate not less than six feet in height.
I. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District or any property that contains an existing single-family
or two-family dwelling. The required fence shall be located inside
the buffer area.
J. The operator shall obtain a license from the Borough prior to initiating
operations, which shall be renewable annually upon payment of the
required license fee established from time to time by resolution of
Borough Council and subject to inspection by the Zoning Officer to
determine continuing compliance with these standards.
903.22.
Kennel, subject to:
A. Such uses shall be located at least 100 feet from any property line
adjoining an existing residential lot and at least 50 feet from any
other property line or public right-of-way as defined by this chapter.
B. The minimum lot area shall be two acres.
C. Outdoor animals runs and similar facilities shall be constructed
for easy cleaning, shall be adequately secured by a fence with a self-latching
gate and shall be screened by a six-foot-high compact hedge or one-hundred-percent
opaque fence on all sides which are visible from an existing residential
lot or a public right-of-way.
D. If adjacent properties are developed as residential lots, the kennels
shall be soundproofed to minimize noise impact on adjacent properties.
E. The kennel shall be licensed by the Commonwealth or Pennsylvania,
and compliance with all applicable rules and regulations of the Commonwealth
or Pennsylvania and the Allegheny County Health Department shall be
maintained.
F. At no time shall the animals be permitted to run loose on the lot
other than in a completely enclosed area.
G. Approval shall be subject to periodic inspections to insure compliance
with the conditions of approval. The Zoning Officer shall notify the
operator 48 hours before such inspection shall take place.
903.23.
Light Manufacturing, subject to:
A. All materials and equipment shall be stored within a completely enclosed
building.
B. The use shall comply with all performance standards specified in
this chapter.
C. The storage or manufacture of hazardous or potentially hazardous
materials shall not be permitted.
D. Any outdoor storage conducted on the lot shall comply with the Borough
standards.
E. 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.
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.
G. The use shall not occur on a building first floor (street level)
located between Bower Hill Road and James Street.
903.24.
Medical Clinic, subject to:
A. Facilities and equipment to support overnight boarding shall not
be permitted.
B. Access for emergency response shall be clearly distinguished and
provided so that no parking or circulation of visitor or employee
traffic blocks such access.
903.25.
Mini Warehouses or Self-Storage Facilities, subject to:
A. All storage shall be within a completely enclosed building, as defined
herein.
B. The minimum distance between separate freestanding storage buildings
shall be 20 feet.
C. No door openings accessing storage units shall face property in an
adjacent R-1 or R-2 District.
D. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
E. The perimeter of the site shall be fenced with a minimum eight-foot-high fence with self-latching gate. If a buffer area is required by Subsection
D above, the fence shall be located so that the required buffer area plantings are between the property line and the fence.
F. The use of a mini warehouse or self-storage facility shall be limited
to dead storage of goods not in active use. The storage of flammable
liquids, highly combustible or explosive materials or hazardous chemicals
is prohibited, including propane or gasoline engine or storage tanks
or any boat or vehicle incorporating such components.
G. Examples of activities prohibited in a mini warehouse or self-storage
facility include, but are not limited to, the following:
(1)
Any residential use, whatsoever.
(2)
Auctions; commercial, wholesale or retail sales; or miscellaneous
or garage sales.
(3)
The servicing, repair or fabrication of engines, motor vehicles,
boats, trailers, lawn mowers, appliances, furniture or other similar
equipment.
(4)
The operation of power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns or other similar
equipment.
(5)
The establishment of a transfer and storage business.
(6)
Any use that is noxious or offensive because of odors, dust,
noise, fumes or vibrations.
903.26.
Multifamily Dwellings, subject to:
A. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property containing
an existing single-family or two-family dwelling.
B. Each apartment building shall provide a central room for garbage
collection or incineration.
C. Ingress, egress and internal traffic circulation shall be designed
to ensure safety and access by emergency vehicles and to minimize
impact on local streets. All sides of residential buildings shall
be accessible to fire trucks.
D. 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.
E. The design and orientation of the buildings on the property shall
take into account compatibility with the visual impact on adjoining
single-family residential properties, if any exist. The building and
the property shall be effectively landscaped to minimize such impacts
on adjoining residential properties.
F. On lots containing more than 50 dwelling units, indoor or outdoor
recreational facilities appropriate to the needs of the prospective
residents shall be provided subject to approval by Borough Council.
903.27.
Nursing Home, subject to:
A. The use and operation of the use shall be accredited by the commonwealth.
B. The use shall be the sole occupant of the lot.
C. Access drives shall be located to take maximum advantage of sight
distances for motorists and shall be as remote as possible from street
intersections.
D. Parking areas shall be screened from view of neighborhood houses
or those directly across the street from the lot.
E. Buildings shall be set back from one another, and residential occupancy
shall be in conformance with this chapter.
903.28.
Off-Site Parking, subject to:
A. The applicant shall demonstrate that all, or part, of the parking
required for a proposed use or the expansion of an existing use cannot
be met on the site of the use it is intended to serve.
B. Off-site parking shall be located within 1,000 feet of the use it
is intended to serve.
C. If metered on-street parking spaces are located within 1,000 feet
of the existing or proposed use, these on-street spaces may be used
to satisfy 20% of the total number of off-site parking spaces required.
D. Evidence shall be provided that the owner of the site where the use
is located has ownership and control of the site proposed for off-site
parking or has executed a long-term lease or other acceptable legal
agreement to guarantee the maintenance and continued use of the off-site
parking. Any covenant executed to guarantee the maintenance of off-site
parking shall be recorded in the office of the Allegheny County Recorder
of Deeds.
E. In the event that off-site parking is proposed in a Bridgeville Parking
Authority parking lot, an agreement with the Authority shall be presented
that indicates the number of spaces, the terms of the lease and a
guarantee of annual renewal. Failure to maintain the agreement or
provide alternate off-site spaces shall be a violation of this chapter
and shall be subject to the enforcement provisions of § 1501.
F. If there is any on-site parking available for the use it shall be
reserved for customers and visitors. Employee parking shall be located
in the off-site parking area and shall not be permitted on site.
G. The applicant shall demonstrate that safe pedestrian access exists
between the off-site parking area and the use it is intended to serve.
H. In the event that the site on which the use is located is sold, the
site utilized for off-site parking shall be conveyed to the new owner,
and/or any lease or other legal agreement for the off-site parking
shall be assigned to the new owner.
I. Off-site parking shall be located at least 20 feet from the interior
edge of the sidewalk along Washington Avenue and may be located behind
an existing building that fronts on Washington Avenue.
J. If off-site parking is located on vacant property that fronts on
Washington Avenue, access to the parking shall be from an alley or
street, other than Washington Avenue, and a continuous wall or landscaped
buffer at least six feet in height shall be provided along the frontage
of the lot at the same setback as the existing buildings on either
side of the lot containing the parking area.
K. All off-street parking areas that adjoin property in an R-1 or R-2
District shall be screened by Buffer Area "B" as described in § 1002.1
of this chapter.
903.29.
Pet Crematorium, subject to:
A. Operations shall comply with the performance standards of § 1001.
B. The use shall comply with all applicable regulations of the Commonwealth
of Pennsylvania.
C. The use shall conform to the air quality regulations of the Allegheny
County Health Department.
903.30.
Personal Care Boarding Home, subject to:
A. The minimum area and bulk regulations for a group care facility or
personal care boarding home shall be the same as those required for
all uses in the Zoning District in which the facility is located.
B. A group care facility or personal care boarding home shall have direct
vehicular access to an arterial or collector road as defined by this
chapter.
C. No group care facility or personal care boarding home shall be established
within 1,000 feet of another group care facility or personal care
boarding home.
D. A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
E. Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
F. Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs. All open
space areas shall be secured by a fence with a self-latching gate.
G. Where applicable, certification or licensing by the sponsoring agency
shall be prerequisite to obtaining a certificate of occupancy, and
a copy of an annual report with evidence of continuing certification
shall be submitted to the Borough Zoning Officer in January of each
year.
903.31.
Planned Business Development, subject to:
A. The minimum site area required shall be five acres.
B. Only the uses permitted by right or authorized as conditional uses
or uses by special exception in the zoning district in which the planned
business development is located shall be permitted in the planned
business development.
C. The procedure for approval of a planned business development shall
comply with the requirements of Part 7 of the Pennsylvania Municipalities
Planning Code.
D. In approving a planned business development, Borough Council may
authorize modification to any of the requirements of this chapter,
except the authorized uses in the district, if, in its judgment, the
modification would make for a more attractive, efficient and harmonious
development and would constitute a more beneficial use of the site.
E. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
F. If modifications to the side or rear yard requirements are granted
along property lines adjoining property in an R-1 or R-2 Zoning District,
Borough Council shall require an appropriate increase in the required
depth of the buffer area.
G. Off-street parking and loading shall be provided in accordance with the requirements of Part
11 of this chapter.
H. The site shall be planned as a unit, and uniform signage and landscaping
and common parking and loading areas shall be proposed to promote
efficiency and preserve a common design theme.
903.32.
Private Recreation, subject to:
A. A minimum lot area of five acres shall be required.
B. Where eating and/or drinking facilities are provided, parking requirements
for restaurants shall apply in addition to the parking requirements
for the recreational use.
C. Facilities which include a swimming pool shall provide a complete
enclosure of the pool and bathing area by a wall or fence with self-latching
gate to prevent uncontrolled access. The area immediately outside
the enclosure shall be suitably landscaped with grass, hardy shrubs
and trees and shall be maintained in good condition.
D. Operations shall be discontinued between the hours of 2:00 a.m. and
6:00 a.m.
E. Buffer Area "B," as described in § 1002.1 of this chapter,
shall be provided where off-street parking areas or intensively used
facilities, such as ballfields, tennis courts, shelters and the like,
are proposed adjacent to any property line that adjoins property in
an R-1 or R-2 District. Open space and passive recreation areas, as
well as undeveloped portions of the property held for future development,
shall not be required to be buffered from property that adjoins an
R-1 or R-2 District.
F. The operation of the facility shall comply with the performance standards
of § 1001 of this chapter.
G. All lighting shall be shielded and reflected away from adjoining
streets and properties.
903.33.
Public Buildings, subject to:
A. Ingress and egress to and from the site shall be designed to maximize
sight distance along the adjacent public streets and enhance safety
for vehicles entering and exiting the property.
B. Municipal maintenance facilities and public safety buildings shall
be located so that vehicles and equipment can be maneuvered on the
property without interrupting traffic flow or blocking public streets.
C. All buildings intended for public occupancy shall be designed to
provide convenient access for emergency vehicles, as well as access
to all sides of the building for firefighting equipment.
D. All outside storage, including trash dumpsters, shall be completely
enclosed by a six-foot-high dense evergreen hedge or solid fence.
E. Buffer Area "B," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
903.34.
Public and Semipublic Swimming Pools, subject to:
A. Public and semipublic swimming pools shall include any noncommercial
swimming pool operated by a public or semipublic agency, including
community clubs and homeowners' associations.
B. Public pools shall be open to the general public, and semipublic
pools shall be limited to use by members and their invited guests.
C. All public and semipublic pools shall have permanent vehicular access
to a public street.
D. The construction of all such pools shall comply with all applicable
state requirements.
E. The pool and bathing area shall be completely enclosed by a wall
or fence at least six feet in height subject to § 1003.3C
of this chapter to prevent uncontrolled access. The area immediately
outside the enclosure shall be suitably landscaped with grass, hardy
shrubs and trees and shall be maintained in good condition.
903.35.
Public Utility Building or Structure, subject to:
A. Maintenance vehicles and materials shall be stored within a completely
enclosed building, as defined herein.
B. Uses involving distribution equipment which is not enclosed by a
building shall be secured by a fence at least six feet in height with
a self-latching gate and shall be screened from public view by a hedge
or opaque fence. Fences shall be subject to the requirements of § 1003.3C
of this chapter.
C. Buffer Area "B," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
D. All lights shall be shielded and reflected away from adjoining property.
903.36.
Research and Development, subject to:
A. The use shall comply with all other applicable area and bulk regulations
of the district in which it is to be located.
B. The facility shall not involve the manufacturing of any products
being tested or engineered.
C. Off-street parking and loading shall be provided in accordance with the requirements of Part
11 of this chapter.
D. All research and development activities shall be conducted entirely
within a completely enclosed building, as defined herein.
E. Buffer Area "B," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
F. All uses shall comply with the performance standards specified in
§ 1001 of this chapter.
G. Research and development activities shall not involve the use or
generation of hazardous or potentially hazardous materials.
903.37.
Shared Parking, subject to:
A. Shared parking located on the same site with the uses it serves may
be authorized for two or more uses in accordance with this § 903.37.
B. If shared parking for two or more uses is proposed to be located
off site, the requirements of § 903.28 shall be met in addition
to the requirements of this § 903.37.
C. Subsequent changes in use that affect the parking required for one
or more of the uses approved for shared parking shall require an application
for a new certificate of occupancy, including proof that sufficient
parking will still be available. If the new use creates a demand for
more parking than is provided under the shared parking scheme, the
certificate of occupancy shall not be issued until additional parking
is provided or an application for shared parking utilizing the parking
demand for the new use is approved. This provision shall be made a
condition of the certificate of occupancy that is issued following
approval of the conditional use.
D. The applicant shall prepare a parking demand study based on the requirements
of this § 903.37.
E. The required parking for uses that propose shared parking shall be
computed as follows:
(1)
Determine the minimum amount of parking required for each land
use as though it were a separate use.
(2)
Using the table below, determine the number of spaces needed
by each use for each of the four time periods by multiplying the parking
required for each use by the corresponding percentage of use for that
time period.
(3)
Calculate the total number of spaces needed for all uses for
each time period.
(4)
The time period with the highest number of parking spaces required
for the sum of all uses shall be the total number of shared parking
spaces required.
F. To apply for approval of shared parking, a table shall be submitted
showing the breakdown of the gross floor area devoted to each of the
five land use categories shown in the table below.
G. Uses that do not fit into any of the categories shown in the table
below shall not be eligible to use this shared parking provision.
H. The total amount of required parking shall be tabulated by use and
time period.
I. The time period requiring the highest number of parking spaces shall
be selected as the basis for the shared parking requirement.
J. All off-street parking areas that adjoin property in an R-1 or R-2
District shall be screened by Buffer Area "B," as described in § 1002.1
of this chapter.
Table: Calculating Shared Parking Requirements
|
---|
Use
|
Weekday
|
|
Weekend
|
---|
|
Daytime
|
Evening
|
|
Daytime
|
Evening
|
---|
Office/ industrial
|
100%
|
10%
|
|
10%
|
5%
|
Retail
|
60%
|
90%
|
|
100%
|
70%
|
Hotel
|
75%
|
100%
|
|
75%
|
100%
|
Restaurant
|
75%
|
100%
|
|
100%
|
100%
|
Entertainment/ recreational
|
40%
|
100%
|
|
80%
|
100%
|
903.38.
Temporary Use or Structure Other Than a Construction Trailer,
subject to:
A. A transient merchant license, if required by Borough ordinance, shall
be obtained.
B. The proposed temporary use or structure shall be limited to those
uses or structures otherwise authorized in the Zoning District.
C. In the M District, preparation and/or serving of food in an outdoor
setting shall be permitted only if all of the following requirements
are met:
(1)
The preparation and serving of food that is part of a special
event sponsored by a nonprofit organization that does not exceed 30
days in duration or a special event sponsored by any other business
or organization that does not exceed 72 consecutive hours in duration
shall be exempt from the requirement to obtain approval of a use by
special exception under this section; however, a certificate of occupancy
shall be obtained from the Borough Zoning Officer subject to the applicant
demonstrating compliance with the standards and criteria of this § 903.38.
(2)
Evidence of an approved permit from the Allegheny County Health
Department or its successor agency.
(3)
Evidence of necessary approvals from the Pennsylvania Liquor
Control Board (PA LCB), if the establishment is licensed.
(4)
The preparation and serving of food shall be permitted on the
site of an existing business and may be permitted on a vacant lot,
provided that the following requirements are met:
(a)
Written permission is presented from the landowner;
(b)
Adequate sanitary facilities are provided for the public;
(c)
Adequate access for pedestrians and vehicles is provided; and
(d)
Adequate parking is available either on the site, on the adjacent
street or in a public parking lot located within 500 feet of the site.
(5)
The area used for preparing and serving the food shall not obstruct
any sidewalk or public right-of-way, nor shall it obstruct the free
flow of pedestrian or vehicular traffic on the site or adjoining the
site. On any sidewalk, there shall be maintained a minimum of five
feet unobstructed width for the passage of pedestrians, and in the
case where there is parallel parking permitted along such sidewalk,
a minimum of four feet adjacent to the curb to permit the discharging
of passengers shall be provided. These required unobstructed areas
on the sidewalk may be combined into one area at least five feet wide
along the curb.
(6)
No noise or odor shall emanate from such outdoor area where
food is prepared and/or served that adversely affects any adjoining
property in an R-1 or R-2 District within 300 feet of the outdoor
area.
(7)
The area used for preparing and serving food shall not utilize
designated parking spaces on the site, nor shall it encroach on any
required buffer areas.
(8)
The activity shall comply with all applicable Borough codes
and ordinances.
(9)
The site intended to be used for the preparation and/or serving
of food shall provide temporary or permanent restroom facilities available
to the public, unless the existing business on the site has restroom
facilities that will be available to the public visiting the temporary
use.
(10)
Tables and chairs shall be adequately secured or stored inside
when not in use to eliminate the possibility of wind or theft hazards.
(11)
Seating areas on a sidewalk shall not be enclosed or demarcated
by any railing, fence, bollards, planters or similar structures, either
temporarily or permanently, that would further obstruct the sidewalk.
(12)
The owner of the existing business or the operator of the temporary
use involving the preparation and/or serving of food in an outdoor
setting shall provide the Borough with a certificate of insurance,
in an amount at least equal to $2,000,000 per occurrence and $3,000,000
aggregate, indemnifying the Borough against any liability resulting
from such use.
D. Approval of temporary uses or structures shall be granted for a specific
time period not to exceed six months. If the Zoning Hearing Board
determines that the need for the proposed use will occur on an annual
basis, the Board may authorize the Zoning Officer to issue the temporary
use permit on an annual basis subject to continued compliance with
these criteria and any conditions attached to approval of the use
by special exception.
E. 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. Temporary uses or structures that are authorized
only for the duration of a particular event shall be removed within
48 hours after the completion of the event.
F. All temporary uses or structures that are proposed to be accessible
to the public shall provide off-street parking in accordance with
the requirements of § 1102.4 for the proposed use.
G. Vehicular access for all temporary uses or structures that 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.
H. All temporary uses or structures proposed to be used as principal
uses or structures shall comply with all area and bulk regulations
for principal structures in the zoning district in which they are
located.
I. All temporary uses or structures that are proposed to be used as
accessory uses or structures shall comply with all area and bulk regulations
for accessory structures in the zoning district in which they are
located.
J. Temporary uses or structures that are authorized as principal uses
or structures and that are accessible to the public shall provide
sanitary facilities, unless such facilities already exist on the lot.
903.39.
Truck and Heavy Equipment Rental, Sales and Service, subject
to:
A. The minimum site required shall be two acres.
B. No vehicle or equipment shall be parked on adjacent property or in
any public street right-of-way.
C. No vehicle shall be displayed or offered for sale that does not have
all of the mechanical and body components necessary for its safe and
lawful operation.
D. A permanent structure for office administration, sales, rental and/or
servicing shall be provided.
E. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
903.40.
Vehicle Rental, Sales and Service, subject to:
A. The minimum lot area required for vehicle rental, sales and service
shall be one acre.
B. The property shall have frontage on and direct vehicular access to
an arterial or collector street, as defined by this chapter.
C. The area used for display of merchandise offered for sale and the
area used for parking of customer and employee vehicles shall be continuously
paved and maintained in either concrete over a base of crushed stone
compacted to not less than six inches in depth or other surfacing
of equivalent or superior character as approved by the Borough Engineer.
D. The handling and disposal of motor oil, battery acid and any other
substances regulated by federal statute and the Pennsylvania Department
of Environmental Protection (PA DEP) shall be in accordance with all
permits and requirements of that agency or its successor agency. Any
suspension, revocation or violation of the PA DEP permits shall be
a violation of this chapter and shall be subject to the enforcement
provisions of § 1501 of this chapter.
E. All lots used for the outdoor display of vehicles shall have a completely
enclosed building, as defined herein, on the same lot, which lot has
not less than 1,400 square feet of gross floor area, where all repair,
servicing, sales and customer car washing shall be performed.
F. No vehicle or other merchandise displayed outdoors shall be less
than five feet from any property line. No vehicle shall be parked
on adjacent property or in any public street right-of-way.
G. All lights and light poles shall be located and erected in such a
fashion that the closest edge of such structure or equipment shall
not be 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 adjoining streets and adjacent lots. The maximum
illumination in the display and sales area shall be two footcandles.
The maximum spillover lighting at the property line adjoining any
property in an R-1 or R-2 District shall be 0.2 footcandle.
H. The only exterior displays shall be the signs authorized by Part
12 of this chapter.
I. All required off-street parking spaces shall be reserved exclusively
for the parking of customer and employee vehicles and shall not be
used for the display of merchandise.
J. Customer vehicles with external damage awaiting repairs shall be
located either in a completely enclosed building, as defined herein,
or in an outdoor storage area that is screened in such a fashion so
that the vehicles will not be visible from the public street or adjacent
residential property.
K. Buffer Area "B," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
903.41.
Vehicle Repair Garage, subject to:
A. The minimum site required shall be 12,000 square feet. The minimum
lot width shall be 120 feet.
B. Such use shall be located no closer than 100 feet of any property
located in an R-1 or R-2 District.
C. There shall be no storage of dismantled vehicles outside of a building.
D. All repair work shall be performed within a completely enclosed building,
as defined herein, that has adequate ventilation and fire protection.
E. All towed vehicles shall be stored on the premises, and no vehicle
shall be stored or dismantled on any public street.
F. The premises shall be kept clean and shall be maintained so as not
to constitute a nuisance or menace to public health and safety.
G. Storage, handling and disposal of hazardous materials, as defined
by federal or state statute, shall comply with the current requirements
of the Pennsylvania Department of Environmental Protection (PA DEP)
and the U.S. Environmental Protection Agency (EPA).
H. Storage of parts, dismantled vehicles and vehicles or equipment awaiting
repair shall be kept in an enclosed building or in an outdoor area
that is screened by a six-foot-high hedge or opaque fence.
I. Buffer Area "A," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
903.42.
Warehouses; Wholesale Distributors, subject to:
A. Ingress, egress and internal traffic circulation shall be designed
to ensure safety and to minimize congestion and the impact on local
streets.
B. Off-street parking and loading shall be provided in accordance with Part
11 of this chapter.
C. All materials and equipment shall be stored within a completely enclosed
building, as defined herein, or shall be limited to storage in the
rear or side yard if screened from view from the street or adjacent
residential properties by a six-foot-high dense, compact evergreen
hedge or opaque fence.
D. No shipping or receiving shall be permitted within 300 feet of the
property in an R-1 or R-2 District between the hours of 7:00 p.m.
and 7:00 a.m.
E. The operations shall comply with the performance standards specified
in § 1001 of this chapter.
F. Buffer Area "B," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.
903.43.
Wholesale Business, subject to:
A. All materials and equipment shall be stored within a completely enclosed
building, as defined herein, or shall be limited to storage in the
rear or side yard if screened from view from the street or adjacent
residential properties by a six-foot-high hedge or opaque fence.
B. No shipping or receiving shall be permitted within 300 feet of property
in an R-1 or R-2 District between the hours of 7:00 p.m. and 7:00
a.m.
C. Ingress, egress and internal traffic circulation shall be designed
to ensure safety and minimize congestion and the impact on local streets.
D. Off-street parking and loading shall be provided in accordance with the requirements of Part
11 of this chapter.
E. Buffer Area "B," as described in § 1002.1 of this chapter,
shall be provided along all property lines that adjoin property in
an R-1 or R-2 District.