[Ord. 738, 8/18/2009]
See Article XI. Conditional uses are subject to general standards
and criteria set forth in this Ordinance as well as to the express
standards and criteria set forth for specific conditional uses in
this Article.
[Ord. 738, 8/18/2009]
High-rise apartments shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
Parking spaces shall be located no more than 300 feet from the high-rise
apartment's primary entrance.
B.
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete or stone block paving material.
C.
The means of a building's ingress and egress shall meet requirements
as outlined in the applicable Borough's Building Code.
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.
All dumpsters and/or waste collection areas shall be located on the
interior of the high-rise apartment structure.
F.
The primary vehicular entrance to a high-rise apartment development
shall, at a minimum, have direct access to a collector road.
G.
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
H.
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be a maximum of one foot candle.
I.
Bufferyards between apartment development and any other adjacent
residential lot shall be increased by 10 feet in addition to the required
bufferyard width. Landscaping, within this additional width, shall
be provided according to spacing, quantity and type of plants specified
by the applicable Borough.
J.
Slopes shall be graded at a maximum of a three-foot horizontal to
one-foot vertical (3:1) ratio.
K.
If the parking area for a high-rise apartment development is adjacent
to a single-family residential lot and demands greater than 10 automobiles,
the following shall apply:
(1)
An additional ten-foot bufferyard with one of the following
shall be provided along the parking lot's perimeter to minimize
the impact of inappropriate noise, dust, light and other disturbances
on adjacent residential lots:
(a)
One and one-half times the required number of plants for screening
and buffering off-street parking and loading areas.
(b)
A mound, a minimum of 3 1/2 feet in height at its peak,
shall be constructed whereas the sides do not exceed a four-foot horizontal
to one-foot vertical (4:1) change in elevation. The mound shall be
landscaped in its entirety with plants that provide four seasons of
interest not including turf grass. The landowner and/or developer
shall coordinate site drainage so that site development and grading
do not create any adverse effects on adjacent lots.
[Ord. 738, 8/18/2009]
A group care facility shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
Off-street parking facilities shall be provided at the ratio of one
space for every one full-time staff member and an additional space
for every two non-staff residents who are eligible and are permitted
by the sponsor to operate a vehicle.
B.
A maximum of five residents shall occupy said facility.
C.
Whenever a party or parties seeks to occupy a dwelling or other building
as a group residence, the party or parties shall file a detailed statement
of intent with the Tri-Borough Communities describing the proposed
use of the dwelling or building. Such statement shall detail the proposed
number and nature of the anticipated occupants. A license or certification
shall also be obtained from the Commonwealth of Pennsylvania or the
respective Borough prior to issuance of an occupancy permit. If an
appropriate licensing or certifying agency does not exist, the applicant
shall demonstrate to the applicable Zoning Hearing Board that the
proposal satisfies a demonstrative need and shall be conducted in
a responsible manner without detriment to surrounding properties.
D.
A group residence shall be initially licensed, where it has met the
requirements set forth by the Tri-Borough Communities and the Borough
in which it is located, through December 31 of the year in which the
license is issued. For each year thereafter if the group residence
intends to continue its business, it must renew its license. The application
for renewal is due in the respective Borough office no later than
the annual date set by each respective Borough for the year proceeding
the year in which the license renewal is sought. The lack of a license
or the failure to seek license renewal on a timely basis shall be
a proper basis for the Borough to deny or revoke an occupancy permit
for the group residence.
E.
Dumpsters, if located on the lot, shall be located in the rear setback
yard and shall be screened with an earth berm, landscaped bufferyard,
fence or wall within a minimum height of eight feet and a minimum
opacity of 80%.
[Ord. 738, 8/18/2009]
A halfway house shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
Whenever a party or parties seeks to occupy a dwelling or other building
as an adult halfway house, the party or parties shall file a detailed
statement of intent with the Borough office describing the proposed
use of the dwelling or building; such statement shall detail the proposed
number and nature of the anticipated occupants. The part or parties
shall obtain a license or certification from the Commonwealth of Pennsylvania
or Allegheny County prior to issuance of an occupancy permit. If an
appropriate licensing or certifying agency does not exist, the applicant
shall demonstrate to the applicable Zoning Hearing Board that the
proposal satisfies a demonstrative need and shall be conducted in
a responsible manner without detriment to surrounding properties.
B.
An adult halfway house shall be initially licensed, where it has
met the requirements set forth by Allegheny County, through December
31 of the year in which the license is issued. For each year thereafter
if the adult halfway house intends to continue its business, it must
renew its license. The application for renewal is due to Allegheny
County no later than November 1 of the year proceeding the year in
which the license renewal is sought. The lack of a license or the
failure to seek license renewal on a timely basis shall be a proper
basis for the County to deny or revoke an occupancy permit for the
adult halfway house.
C.
Dumpsters, if located on the lot, shall be located in the rear setback
yard and shall be screened with an earth berm, landscaped bufferyard,
fence or wall with a minimum height of eight feet and a minimum opacity
of 80%.
[Ord. 738, 8/18/2009]
A mobile home park shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
Gross Lot Requirements.
(1)
Gross Lot. Ten acres or 435,600 square feet minimum.
(3)
Access Point on Existing Street. As specified in the applicable
Subdivision and Land Development Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
(4)
Buffer Area. Each mobile home park shall be surrounded by a
buffer area at least 50 feet wide along the inside of the lot lines.
(5)
Side and Rear Yards of Gross Lot. Fifty feet minimum from any
mobile home berth to any lot line.
(6)
Minimum Setback of All Mobile Homes and Accessory Structures.
Seventy-five feet from any right-of-way road and adjacent to the mobile
home lot.
B.
Net Lot Requirements.
(2)
Open Space. Four hundred square feet per berth, not to be located
in any required lot setback, buffer area, or yard (berth) areas.
(3)
Buffer Areas and Lot Setbacks. As specified above.
(4)
Distance Between Mobile Homes. A total of 28 feet in both side
yards, with a minimum of 10 feet per side.
C.
The applicant shall comply with any additional standards, as defined
by the applicable Zoning Hearing Board that are needed to protect
public health, safety and welfare or to address unique characteristics
of a particular lot.
[Ord. 738, 8/18/2009]
A nursing home or life care facility shall be a permitted conditional
use subject to the following conditions and/or standards:
A.
The minimum site area required for nursing/convalescent care shall
be one acre.
B.
The site shall be served by public water and public sewers.
C.
All nursing/convalescent care facilities shall be licensed by the
Commonwealth of Pennsylvania.
D.
Water pressure and volume shall be adequate for fire protection and
shall be referred to the applicable local fire company for review
and comment.
E.
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles. A twelve-foot wide fire/emergency
access route shall be provided around the perimeter of each building.
Topography or other characteristics of the lot or the development
that might affect the use of emergency equipment between buildings
may dictate a greater separation of structures. The parking and circulation
plan shall be referred to local fire companies for comments regarding
traffic safety and emergency access.
F.
Nursing/convalescent care facilities shall have a bed capacity of
at least 20 beds but no more than 200 beds.
G.
All property lines adjoining an existing residential use or residential
district zoning classification shall, at a minimum, be screened per
regulations set forth in this Ordinance.
H.
Any development shall be provided with public sewage as approved
by the applicable Borough.
[Ord. 738, 8/18/2009]
A personal care home shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
The site shall be served by public water and public sewers.
B.
All personal care homes shall be licensed by the Commonwealth of
Pennsylvania.
C.
Water pressure and volume shall be adequate for fire protection and
shall be referred to the applicable local fire company for review
and comment.
D.
Ingress, egress and internal traffic circulation shall be designed
to ensure access by emergency vehicles. A twelve-foot wide fire/emergency
access route shall be provided around the perimeter of each building.
Topography or other characteristics of the lot or the development
that might affect the use of emergency equipment between buildings
may dictate a greater separation of structures. The parking and circulation
plan shall be referred to local fire companies for comments regarding
traffic safety and emergency access.
E.
All property lines adjoining an existing residential use or residential
district zoning classification shall, at a minimum, be screened by
a ten-foot bufferyard as defined by this Ordinance.
F.
Any development shall be provided with public sewage as approved
by the applicable Borough.
[Ord. 738, 8/18/2009]
A check cashing service shall be a permitted conditional use
subject to the following conditions and/or standards:
A.
A check cashing service shall not be located within 1,000 feet of
any tavern or bar.
B.
A check cashing service shall operate between the hours of 9:00 a.m.
and 7:00 p.m.
C.
No more than one identification sign shall be permitted; said sign
shall be a ground or a wall sign. The graphic area of the sign shall
not exceed 40 square feet.
[Ord. 738, 8/18/2009]
A cinema shall be a permitted conditional use subject to the
following conditions and/or standards:
A.
A traffic impact study shall be required to be submitted where the
proposed cinema which according to the Institute of Transportation
Engineers (ITE) standards will generate 100 trips in addition to the
adjacent roadway's peak hour volumes.
B.
An additional 10 feet of yard setback with a landscape screen in
conformance with the bufferyard requirements of this Ordinance. The
intention of the Bufferyard shall be to protect the surrounding neighborhood
from inappropriate light and other disturbances.
C.
All parking areas adjacent to an existing residential lot shall provide
a screen with a minimum height of six feet. Screens shall be constructed
as earth berm, landscaped bufferyards, fence or wall and should have
a minimum opacity of 80%.
D.
Service areas maintenance areas/facilities and dumpster areas shall
be screened from adjacent residences with a screen with a minimum
height of eight feet. Screens shall be constructed as earth berm,
landscaped bufferyards, fence or wall and shall have a minimum opacity
of 80%.
E.
Exterior lighting for parking areas visible from adjacent residences
shall be reduced to 50% luminosity after 11:00 p.m.
[Ord. 738, 8/18/2009]
Communication towers shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
Use Regulations.
(1)
A telecommunication tower with antenna that is attached to an
existing communications tower, smoke stack, water tower, or other
tall structure, is permitted as a conditional use in designated Zoning
Districts. The height of the antenna shall not exceed the height of
the existing structure by more than 10 feet. If the antenna is to
be mounted on an existing structure, a full site plan shall not be
required.
(2)
A telecommunication tower that is not mounted on an existing
structure or that is more than 10 feet higher than the structure in
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.
B.
Standards of Approval.
(1)
The owner of the communication tower is required to demonstrate,
using technological evidence that this tower must go where it is proposed,
in order to satisfy its function in the company's grid system.
(2)
If the communication tower owner proposes to erect a new tower
(as opposed to mounting the antenna on an existing structure), it
is required to demonstrate that it contacted the owners of tall structures
within a 1/4 mile radius of the site proposed, asked for permission
to install the antenna on those structures and was denied for reasons
other than economic ones. This would include smoke stacks, water towers,
tall buildings, antenna support structures of other communication
phone companies, other communications (fire, police, etc.), and other
tall structures. The Borough may deny the application to construct
a new tower if the applicant has not made a good faith effort to mount
the antenna on an existing structure.
(3)
Tower Height. The applicant shall demonstrate that the tower
is the minimum height required to function satisfactorily. No communication
tower that is taller than this minimum height shall be approved.
(4)
Setbacks from the base of the communication tower support structure.
If a new communication tower support structure is constructed (as
opposed to mounting the antenna on an existing structure), the minimum
distance between the base of the support structure and any lot line,
road or highway shall be 115% of the tower's height with the
minimum setback equal to 25 feet.
(5)
The communication tower must be erected to comply with manufacturer
requirements and accepted engineering standards.
(6)
The communication tower shall be securely anchored in a fixed
location on the ground, and the applicant shall provide qualified
documentary evidence that the proposed structure will withstand wind,
snow, ice and other natural forces. The applicant shall also demonstrate
that the proposed tower and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
radio frequency, falling ice or other debris. The communication tower
shall meet radio emission standards adopted by the Federal Communications
Commission (FCC).
(7)
The communication tower, or the yard area containing the communication
tower, shall be protected and secured to guarantee the safety of the
general public. Fencing shall consist of galvanized chain link, eight
feet in height, and installation of anti-climbing safety devises will
be required at a minimum to demonstrate compliance with this subsection.
Associated supports and guide wires shall not be located within the
required setbacks.
(8)
The applicant shall submit to the Joint Planning Commission
a site plan or survey of the lot certified by an Engineer or Architect.
The applicant must also submit a fencing and landscaping plan with
the application for conditional use.
(9)
Only one communication tower shall be permitted per lot.
(10)
The communication tower in its operation will not endanger the
health, safety and welfare of the public.
(11)
The applicant will provide, at the Tri-Borough Communities'
request, copies of FCC licenses for all users of the facility. Conditional
use approval is contingent upon the maintenance of FCC licenses for
all users of the communications facility. Any grant of conditional
use hereunder will automatically expire if said license ever expires.
(12)
Communication tower owners shall be responsible for removing
all communication towers whose licenses have expired. Removal of the
tower shall occur within one calendar year following the expiration
date of the license.
(13)
All lighting, other than that required by the Federal Aviation
Administration (FAA) shall be shielded and reflected away from adjoining
lot.
(14)
Landscaping. Outside of the required fencing, a landscaping
screen of evergreen trees planted 10 feet on center and a minimum
six feet in height shall be required.
(15)
In order to reduce the number of antenna support structures
needed in the community in the future, the proposed support structure
shall be required to accommodate other users, including other cellular
phone companies, and police, fire and ambulance companies.
(16)
Communication tower and support structures fewer than 200 feet
in height should be painted silver or have a galvanized finish retained
in order to reduce the visual impact. Where a communication tower
and support structure are located within existing woodland, the communication
tower and support structure shall be painted dark green. Support structures
200 feet in height or taller, or those near airports, shall meet all
FAA regulations and shall be painted as per FAA recommendations. No
communication tower support structure may be artificially lighted
except when required by the FAA.
C.
Additional Standards. In addition to the foregoing, the following
standards shall also apply to communication towers and the applications
for conditional use:
(1)
All conditional uses approved under this Section will automatically
lapse if not used for six continuous months. The party responsible
for erecting such tower will be responsible for all the costs associated
with the removal. The applicant must also provide proof of purchase
of a demolition bond, to be used in the event of abandonment and to
be renewed annually, equal to 75% of construction cost.
(2)
Inspection. The Borough Council may require periodic inspections
of communication towers to insure structural integrity. Such inspections
may be required by owners as follows:
(3)
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 or Tri-Borough Communities may require repair or removal of
a communication tower.
(4)
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 vehicle shall
be exclusively the means of the collector street. A surfaced and maintained
driveway with parking inside the fence boundaries must also be constructed.
(5)
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.
(6)
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 Allegheny County
Department of Aviation (ACDA). The ACDA shall review the communication
tower application to determine if it is a hazard to any FAA flight
paths.
(7)
Applicants will be required to execute a developers agreement
with the applicable Borough Council.
[Ord. 738, 8/18/2009]
A consignment store shall be a permitted special exception subject
to the following conditions and/or standards, in addition to those
listed in § 2000-600:
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 adjoining lots.
C.
Outside storage of materials shall be prohibited.
D.
All dumpsters shall be screened with a minimum eight-foot high fence
or hedge with a minimum 80% opacity.
E.
Buffering of parking and loading areas shall be provided in accordance
with this Ordinance.
[Ord. 738, 8/18/2009]
A correctional facility shall be a permitted conditional use
subject to the following conditions and/or standards:
A.
The number of occupants and/or residents shall not exceed that which
permitted by local and County building/fire codes.
B.
Access for emergency response shall be clearly distinguished and
provided so as no parking or circulation of visitor or employee traffic
blocks such access.
C.
No correctional facility shall be closer than 1,000 feet from another
licensed correctional facility or from any property designated on
official zoning map as residential.
D.
Appropriate transition to neighboring property shall be provided
by landscaping and site design consistent with the bufferyard requirements
of this Ordinance.
E.
To the greatest extent possible, all outdoor lighting shall be directed
downward and on to the site. A lighting plan identifying the location,
direction, wattage in lumens and potential impacts of any lighting
required to extend beyond the boundaries of the lot line shall be
submitted.
[Ord. 738, 8/18/2009]
A crematorium shall be a permitted conditional use subject to
the following conditions and/or standards:
A.
Any an all odors and smoke generated as part of a crematorium operation
shall be in conformance with the regulations set forth in this Ordinance.
B.
Loading areas/docks shall be screened with either landscaping or
fencing from neighborhood uses.
C.
No outdoor storage shall be permitted on a lot associated with a
crematorium.
[Ord. 738, 8/18/2009]
A drive-in theater shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
The lot shall have direct access to a State highway.
B.
The location of entrances shall be clear and well marked, and circulation
within the parking area shall be obvious.
C.
Maximum unobstructed sight distances shall be available for motorists
entering as well as leaving the premises.
D.
Lighting of parking areas shall adhere to lighting requirements in
this Ordinance, required provisions pertaining to lighting and glare
for all districts.
E.
Parking and truck loading areas shall be screened from view from
the adjacent residential properties.
F.
In the case of drive-in theaters, the screen shall be oriented away
from the highway, and the ticket building shall be located so that
at least two rows of 10 cars each may line up on the premises approaching
the building.
[Ord. 738, 8/18/2009]
A food processing facility shall be a permitted conditional
use subject to the following conditions and/or standards:
A.
Any and all odors and smoke generated as part of food processing
shall be in conformance with the regulations set forth in this Ordinance.
B.
All food processing activities shall be in compliance with Allegheny
County Health Department regulations.
C.
The Allegheny County Health Department and the applicable Zoning
Officer reserve the right and shall be permitted to inspect operations
and facilities without prior notice.
D.
Loading areas/docks shall be screened as per the regulations set
forth in this Ordinance.
E.
No outdoor storage shall be permitted on a lot associated with food
processing.
[Ord. 738, 8/18/2009]
A junkyard shall be a permitted conditional use subject to the
following conditions and/or standards:
A.
The minimum lot area shall be 10 acres.
B.
The premises shall be maintained so as to not constitute a nuisance
or a menace to public health and safety.
C.
No garbage, organic waste, petroleum products or hazardous waste
shall be stored, buried or disposed of on the premises.
D.
The manner of storage of junk shall be arranged in such a fashion
that aisles of a minimum width of 25 feet between rows of junk are
maintained in order to facilitate access for fire fighting and to
prevent the accumulation of stagnant water.
E.
Junkyards shall comply with the performance standards of this Ordinance.
F.
No junk shall be stored or accumulated and no structure shall be
constructed within 100 feet of any existing residential lot or within
40 feet of any property line or public right-of-way.
G.
The premises shall be enclosed by a metal chain link fence not less
than eight feet in height supported on steel posts with a self-latching
gate. The fence shall be located within the interior of the bufferyard
a twenty-five-foot wide landscaped bufferyard. All other property
lines shall provide a fifteen-foot wide landscaped bufferyard. Bufferyards
shall be planted with a combination of deciduous and evergreen trees,
shrubs, ornamental grasses and groundcovers.
H.
Grass, sod, lawn or turf shall not be considered an acceptable plant
for use within landscaped bufferyards.
I.
The fence shall be supplemented with screening material which creates
a visual barrier that is 100% opaque.
J.
The applicable Zoning Officer may inspect the property at any time.
The applicable Zoning Officer shall notify the operator 48 hours before
such inspection shall take place.
K.
The manner of storage of junk shall be arranged in such a fashion
that it shall not be higher than the adjacent fence.
L.
The owner(s) and operator(s) of a junkyard shall incorporate best
managements practices as outlined in the Pennsylvania Handbook of
Best Management Practices for Developing Areas to minimize negative
impacts of erosion, siltation and surface water and groundwater contamination.
M.
The Joint Planning Commission may attach additional conditions pursuant
to this section, in order to protect the public's health, safety,
and welfare. These conditions may include but are not limited to increased
setbacks.
[Ord. 738, 8/18/2009]
A medical clinic shall be a permitted conditional use subject
to the following conditions and/or standards:
[Ord. 738, 8/18/2009]
A mobile home park shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
Gross site area shall be a minimum of 10 acres.
B.
Proposed mobile home parks shall comply with all applicable provisions
of State laws regulating mobile home parks and all applicable standards
and regulations set forth in this Ordinance.
C.
Guest parking shall be provided in a common off-street parking area
at the ratio of one parking space for every three mobile home lots.
D.
All lots shall be serviced by public and/or private sewer and water.
E.
All dumpster areas shall be screened from all lots and public right-of-ways.
All screens shall be a minimum of eight feet high and shall have a
minimum opacity of 80%.
F.
All mobile home parks shall provide sidewalks on both sides of a
street (both public and private right-of-ways).
G.
The ground surface in all parts of each mobile home park shall be
graded and equipped to drain all surface water in a safe and efficient
manner. Exposed ground surfaces in all parts of each mobile home park
shall be treated in a manner approved by the Joint Planning Commission
which will effectively prevent soil erosion and prevent the emanation
of dust during dry weather.
H.
Mobile Home Park Lot Requirements.
(1)
Gross Density. The maximum number of mobile home lots within
each mobile home park shall be not more than eight lots per acre of
the total area of the mobile home park.
(2)
Minimum Lot Area.
(a)
The minimum mobile home lot area shall be not less than 5,000
square feet of area. The minimum width of any mobile home lot shall
be not less than 50 feet. The minimum length of each mobile home lot
shall not be less than 100 feet.
(b)
Where on-lot sewage disposal is proposed, the minimum lot area
shall be increased to a size sufficient to accommodate the proposed
system or as required by the Pennsylvania Department of Environmental
Protection and other distances required herein.
(3)
All mobile homes shall abut a street of the mobile home park's
internal street system.
I.
Setbacks, Buffer Strips and Screening Requirements.
(1)
All mobile homes, auxiliary park buildings and other park structures
shall be located at least 35 feet from the mobile home park boundary
lines. The minimum buffer strip may be reduced to 25 feet if a suitable
perimeter screening of plantings or fencing is provided and approved
by the applicable Borough Council.
(2)
Mobile homes shall be located at least 50 feet from any auxiliary
park buildings and any repair, maintenance or storage areas of buildings.
The minimum distance between mobile homes shall be not less than 20
feet.
(3)
Minimum building setback lines shall be not less than 30 feet
from the edge of the street right-of-way. Where applicable, side and
rear building setbacks lines of at least 10 feet shall be established.
J.
Recreation and Open Space Requirements.
(1)
A minimum of 10% of the gross area of the mobile home park shall
be provided for recreational space. This recreational space shall
be suitable for varied outdoor recreational uses. The Applicant will
present assurances related to the responsibilities for land ownership,
the construction and/or purchase of facilities or other features,
and the perpetual maintenance of the above.
K.
Parking Space Requirements.
(1)
A minimum of 1 1/2 off-street parking spaces per each mobile
home lot within the development shall be provided within 200 feet
of the mobile home lot to be served.
L.
Mobile Home Park Internal Street System Requirements.
(1)
The street system within a Mobile Home Park shall be designed
and constructed according to required standards of local streets defined
by the applicable Subdivision and Land Development Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
M.
Mobile Home Lot Improvements.
(1)
Each mobile home lot shall be provided with a permanent frost-free
foundation and each lot will have available adequate provisions, such
as anchor bolts and tie-down straps, to assure that each mobile home
has available to it a means of securing the home to its site.
(2)
Water and Sewer Systems. Water supply and sewage disposal system
connections shall be provided to each Mobile Home lot within a Mobile
Home Park. In addition, the Mobile Home Park shall meet all requirements
of the applicable Subdivision and Land Development Ordinance with
regard to said water and sewer systems.
[Amended by Ord. No. 780, 8/31/2017]
N.
No mobile home subdivision or land development shall be approved
until it has satisfied all applicable ordinances or regulations of
the municipality in which it is located.
[Ord. 738, 8/18/2009]
An oil or gas well shall be a permitted conditional use subject
to the following conditions and/or standards:
[Ord. 738, 8/18/2009]
A rifle range shall be a permitted conditional use subject to
the following conditions and/or standards:
A.
A shooting schedule shall be filed with the applicable Zoning Officer.
The shooting schedule shall describe hours of operation, schedule
of events or meets, a description of where all required safety information
is to be posted on the site.
B.
All outdoor rifle ranges shall provide a minimum setback of 500 feet
from all adjoining property lines or public right of ways as defined
by this Ordinance.
C.
A landscaped bufferyard of 40 feet in width shall be provided along
all property lines that adjoin an existing residence or residential
Zoning District. The bufferyard shall be landscaped with a combination
of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.
D.
Grass, sod, lawn or turf shall not be considered an acceptable plant
for use within landscaped bufferyards.
[Ord. 738, 8/18/2009]
A sexually oriented business shall be permitted conditional
use subject to the following express standards and criteria:
A.
Permit Required.
(1)
No person may operate or be employed at a sexually oriented
business without the appropriate license issued by the Borough pursuant
to the Tri-Borough Communities' Adult Business Licensing Ordinance.
B.
Location of Sexually Oriented Businesses.
(1)
A person is guilty of a violation of this Ordinance if he operates
or causes to be operated a sexually oriented business outside of the
district in which a sexually oriented business is a permitted use.
No sexually oriented businesses shall be located outside a district
in which a sexually oriented business is a permitted use.
(2)
A person is guilty of a violation of this Ordinance if he operates
or causes to be operated a sexually oriented business within 1,000
feet of:
(3)
A person is guilty of a violation of this Ordinance if he causes
or permits the operation, establishment, substantial enlargement or
transfer of ownership or control of a sexually oriented business within
5,000 feet of another sexually oriented business.
(4)
A person is guilty of a violation of this Ordinance if he causes
or permits the operation, establishment or maintenance of more than
one sexually oriented business in the same building, structure or
portion thereof; or the increase of floor area of any sexually oriented
business in any building, structure or portion thereof containing
another sexually oriented business.
(5)
For the purpose of this Article, measurement shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a part
of the premises where a sexually oriented business is conducted to
the nearest lot line of the premises of a church, public or private
pre-elementary, elementary or secondary school, public library, child
care facility or nursery school; or to the nearest boundary of an
affected public park.
(6)
The distance between any two sexually oriented businesses shall
be measured in a straight line, without regard to intervening structures
or objects, from the closest exterior wall of the structure in which
each business is located.
(7)
Any sexually oriented business lawfully operating on the date
of enactment of this Section that is in violation of this Section
shall be deemed a nonconforming use. Such nonconforming use shall
not be increased, enlarged, extended or altered, except that the use
may be changed to a conforming use. In the event that two or more
sexually oriented businesses are within 5,000 feet of one another
and otherwise in a permissible location, the sexually oriented business
which was first established and continually operating at a particular
location is the conforming use and the later-established business
is nonconforming.
(8)
A sexually oriented business lawfully operating as a conforming
use is not rendered a nonconforming used by the location, subsequent
to the grant or renewal of the sexually oriented business permit,
of a church, public or private pre-elementary, elementary or secondary
school, public library, child care facility, nursery school or public
park within 1,000 feet of the sexually oriented business. This provision
applies only to the renewal of a valid permit, and does not apply
when an application for a permit is submitted after a permit has expired
or has been revoked.
[Ord. 738, 8/18/2009]
A tavern/bar shall be a permitted conditional use subject to
the following conditions and/or standards:
A.
The tavern/bar shall not be located in the Borough of Bellevue.
B.
A tavern/bar shall be located in accordance with the provisions of
the Pennsylvania Liquor Control Board.
C.
A tavern/bar's hours of operation and activities must be appropriately
scheduled to protect the existing neighborhood from detrimental noise,
disturbance or interruption.
D.
The owner(s) and operator(s) of a tavern/bar shall be responsible
for the conduct and safety of the patrons.
E.
No more than one identification sign shall be permitted; said sign
shall be a ground or a wall sign. The graphic area of the sign shall
not exceed 40 square feet.
[Ord. 738, 8/18/2009]
A non-communications tower shall be a permitted conditional
use subject to the following conditions and/or standards:
A.
The minimum lot area for a non-communications tower shall be two
acres.
B.
The minimum setback of a non-communications tower from any lot line
shall be equal to 100% of the non-communication tower's height.
C.
The landowner and/or developer shall complete a viewshed impact analysis
as part of all potential non-communications tower development.
D.
The landowner and/or developer shall complete a biological resource
survey to identify and determine what conflicts are likely to occur
with birds or other sensitive biologic resources.
E.
The owner(s) and operator(s) of a non-communications tower shall
incorporate best managements practices as outlined in the Pennsylvania
Handbook of Best Management Practices to minimize negative impacts
of erosion, siltation and surface water and groundwater contamination.
F.
All structures more than 200 feet in height shall have aircraft warning
lights and comply with United States Federal Aviation Administration
(FAA) requirements.
[Ord. 738, 8/18/2009]
Water storage shall be a permitted conditional use subject to
the following conditions and/or standards:
A.
No water storage tower shall exceed 250 feet in height.
B.
Water storage/towers shall be setback from adjacent property lines
and/or right-of-ways a distance equal to 110% of the water storage/tower's
height.
C.
The height of a water storage/tower shall be measured from the top
of the foundation to the upper most point of the tower including any
lights and/or antennae.
D.
Lighting shall be required for the water storage/tower as a safety
measure for low-flying aircraft in accordance with all United States
Federal Aviation Administration (FAA) regulations and approvals.
E.
Access driveways to water storage shall be paved with a minimum of
two inches of slag or stone.
[Ord. 738, 8/18/2009]
A wind turbine shall be a permitted conditional use subject
to the following conditions and/or standards:
A.
The minimum lot area for a commercial wind turbine shall be two acres.
B.
A wind turbine for residential use on a residential lot shall be
considered an accessory use.
C.
The top of a commercial wind turbine shall not exceed 250 feet not
including the blades. The top of a wind turbine located on a residential
lot shall not exceed 75 feet in height including the blades.
D.
The minimum setback of a wind turbine from any lot line shall be
equal to 100% of the wind turbine's height.
E.
Noise from any wind turbine shall not exceed 70 decibels when measured
from a property line.
F.
The landowner and/or developer shall complete a view shed impact
analysis as part of all potential commercial wind turbine development.
G.
The landowner and/or developer shall complete a biological resource
survey to identify and determine what conflicts are likely to occur
with birds or other sensitive biologic resources.
H.
The owner(s) and operator(s) of a wind turbine shall incorporate
best managements practices as outlined in the Pennsylvania Handbook
of Best Management Practices to minimize negative impacts of erosion,
siltation and surface water and groundwater contamination.
I.
All structures more than 200 feet in height shall have aircraft warning
lights and comply with United States Federal Aviation Administration
(FAA) requirements.
[Added by Ord. No. 779, 8/31/2017[1]]
A Medical Marijuana Grower/Processor shall be a permitted conditional
use subject to the following conditions and/or standards:
A.
The minimum lot area shall be 10,000 square feet.
B.
The minimum front yard setback shall be 75 feet.
C.
The minimum rear yard setback shall be 50 feet.
D.
The minimum side yard setback shall be 25 feet.
E.
Loading areas/docks shall be screened as per the regulations in this
Ordinance.
F.
No outdoor storage shall be permitted on a lot associated with Medical
Marijuana Growing/Processing.
[1]
Editor's Note: This ordinance also renumbered former
§ 2000-725, All Other Uses, as § 2000-726.
[Ord. 738, 8/18/2009]
A use not expressly authorized in Table I as a permitted use,
conditional use or special exception may be permitted as a conditional
use upon the applicant's demonstration that the proposed use:
A.
Impacts the environment and adjacent streets and properties equal
to or less than any use specifically listed in the Zoning District.
In making such determination, the following characteristics shall
be considered:
(1)
The number of employees.
(2)
The floor area of the building or gross area of the lot devoted
to the proposed use.
(3)
The type of products, materials, equipment and/or processes
involved in the proposed use.
(4)
The magnitude of walk-in trade.
(5)
The traffic and environmental impacts and the ability of the
proposed use to comply with the performance standards of this Ordinance.
B.
Will not endanger the public health and safety if located where proposed
and that the use will not deteriorate the environment or generate
nuisance conditions such as traffic congestion, noise, dust, smoke,
glare or vibration.
C.
Is generally consistent with the Tri-Borough Comprehensive Plan and
harmony with the area in which it is proposed.
D.
Complies with any applicable standards and criteria specified in
this Article for the most nearly comparable conditional uses or use
by special exception specifically listed in the Zoning District in
which it is proposed.
E.
Is in compliance with all other standards of this Ordinance and all
other applicable ordinances.
