A.
The Borough Council shall hear and decide requests for conditional
uses within 45 days after the last hearing before the governing body.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefore. Conclusions based on any provisions of
this or any other ordinance contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in the
light of the facts found.
B.
Where the Borough Council fails to render the decision within the
period required by this section or fails to commence, conduct or complete
the required hearing as provided in § 908(1.2) of the Pennsylvania
Municipalities Code,[1] within 60 days from the date of the applicant's request
for a hearing or fails to complete the hearing no later than 100 days
after the completion of the applicant's case-in-chief, unless extended
for good cause upon application to the Allegheny County Court of Common
Pleas, the decision shall be deemed to have been rendered in favor
of the applicant unless the applicant has agreed in writing or on
the record to an extension of time. When a decision has been rendered
in favor of the applicant because of failure of the governing body
to meet or render a decision as hereinabove provided, the Borough
Council shall give public notice of the decision within 10 days from
the last day it could have met to render a decision in the same manner
as required by the public notice requirements of this act. If the
Borough Council shall fail to provide such notice, the applicant may
do so.
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
C.
Nothing in this section shall prejudice the right of any party opposing
the application to appeal the decision to a court of competent jurisdiction.
A copy of the final decision or, where no decision is called for,
the findings shall be delivered to the applicant personally or mailed
to him no later than the day following its date.
D.
The Borough Council shall evaluate a conditional use application:
(1)
The application shall indicate the section of this chapter under
which conditional use approval is sought and shall state the grounds
upon which it is requested. The Borough Zoning Officer shall determine
the completeness of the application and either accept the application
as complete and properly filed or return the application to the applicant
for resubmission if the application is incomplete and improperly filed.
If the application is returned as incomplete, a written notice, which
cites the specific requirements of this chapter, which have not been
met, shall be sent to the applicant. The application shall include
the following:
(a)
A development plan.
(b)
A written statement showing compliance with the applicable express
standards and criteria of this article for the proposed use.
(c)
A map showing and identifying all lots within 200 feet of the
lot for which conditional use approval is requested and a list of
the names and addresses of the owners of these lots from the most
recent records of Allegheny County.
(d)
A traffic impact analysis, if required by the requirements of
this article.
(e)
Application fee as required.
(2)
The Planning Commission shall be given a written recommendation to
Borough Council regarding the conditional use application.
(3)
A public hearing shall be held by the Borough Council pursuant to
public notice.
(4)
In granting a conditional use, the Borough Council may attach additional
conditions and safeguards in addition to those expressed in this chapter,
as it may seem necessary to implement the purposes of the Municipalities
Planning Code and this chapter.
Conditional use approval shall expire automatically without
written notice to the applicant if no application for a grading permit,
building permit or zoning certificate to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of said approval, unless
the Borough Council, in their sole discretion, extends conditional
use approval upon written request of the applicant received prior
to its expiration. The maximum extension permitted shall be one twelve-month
extension.
Conditional use approval granted prior to the effective date
of this chapter shall expire automatically without written notice
to the applicant if no application for a grading permit, building
permit or zoning certificate to undertake the construction or authorize
the occupancy described in the application for conditional use approval
is submitted within 12 months of the effective date of this chapter
or as specified in the approval, unless the Borough Council, in their
sole discretion, extends conditional use approval upon written request
of the applicant received prior to its expiration. The maximum extension
permitted shall be one twelve-month extension.
Before approving a conditional use application, the Borough
Council shall determine that the proposed use will not alter the established
character and use of the neighborhood or district in which it is located,
and that it will not substantially impair the use or development of
adjacent properties. The Borough Council shall use the following general
standards, among other things, in its evaluation. These standards
shall be in addition to any other requirements in this chapter for
a specific type of use or development.
A.
The proposed use complies with all applicable provisions and requirements
for that type of use contained in this chapter, unless a variance
to any provision has been granted by the Zoning Hearing Board, and
with other applicable Borough, county and commonwealth and federal
ordinances, laws and regulations. The proposed use shall obtain applicable
permits, licenses, and approvals from the Borough, Allegheny County,
Pennsylvania and federal agencies before final approval of the conditional
use application shall be granted.
B.
The proposed use is compatible with the surrounding land uses. It
does not have a negative impact on the existing neighborhood or development
in terms of air and water quality, noise, illumination and glare,
restrictions to natural light and air circulation or other hazardous
conditions that could endanger surrounding residents or impair the
use of surrounding properties.
C.
The proposed site for the conditional use is suitable in terms of
topography and soil conditions and size, based on number of projected
users and the frequency of use of the proposed use.
D.
The proposed use and site provides for safe, adequate vehicular and
pedestrian access. It has access from a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion and hazardous conditions on adjacent streets.
The use provides for safe, efficient internal circulation and sufficient
off-street parking and loading.
E.
The proposed use complies with all applicable standards and requirements
for providing sanitary sewage disposal, water supply, storm drainage,
solid and toxic waste storage and disposal.
F.
The proposed use provides screening or buffer areas as required by
this chapter.
G.
The proposed use/development conforms to the scale, character and
exterior appearance of existing structures and uses in the neighborhood
in which it is located.
A.
In addition to the general standards and criteria for conditional
uses listed in the sections above, an application for any of the following
uses which are listed in any zoning district as a conditional use
shall comply with the following applicable standards and criteria.
(1)
Single-family dwelling.
(a)
Within the C District and the RO District, all open space associated
with the development of single-family dwellings shall be accessible
to the public.
(b)
Parking shall be provided on the same lot upon which the dwelling
unit is located.
(c)
In order to ensure that any proposed development does not create
adverse conditions to the public road right-of-way, a traffic impact
study, in accordance with Institute of Transportation Engineers (ITE)
standards, shall be required to be submitted as part of any proposed
development to determine peak-hour volumes and the traffic movements
produced by such development. A description of future levels of service
and their compliance with standards for traffic capacity of streets,
intersections and driveways shall be provided. New streets shall be
designed for adequate traffic capacity. All reference to levels of
service (LOS) shall be defined by the Highway Capacity Manual, published
by Transportation Research Board. These standards may be waived by
the Borough if sufficient evidence is provided that the criteria cannot
be met with reasonable mitigation.
(2)
Two-family dwelling.
(a)
Parking shall be provided on the same lot upon which the dwelling
unit is located.
(b)
In order to ensure that any proposed development does not create
adverse conditions to the public road right-of-way, a traffic impact
study, in accordance with Institute of Transportation Engineers (ITE)
standards, shall be required to be submitted as part of any proposed
development to determine peak-hour volumes and the traffic movements
produced by such development. A description of future levels of service
and their compliance with standards for traffic capacity of streets,
intersections and driveways shall be provided. New streets shall be
designed for adequate traffic capacity. All reference to levels of
service (LOS) shall be defined by the Highway Capacity Manual, published
by Transportation Research Board. These standards may be waived by
the Borough if sufficient evidence is provided that the criteria cannot
be met with reasonable mitigation.
(3)
Apartment. Dumpsters, if located on the lot, shall be located in
the rear setback yard and shall be screened with an earth berm, landscaped
buffer yard, fence or wall with a minimum height of six feet and a
minimum opacity of 80%.
(4)
Mobile home park.
(a)
An office manager shall have full-time residence within the
mobile home park.
(b)
Minimum lot requirements. The following provisions shall apply
to the overall development:
(c)
Side and rear yards of minimum lot: 50 feet minimum from any
mobile home exterior wall to any lot line.
(d)
Minimum setback of all mobile homes and accessory structures:
75 feet from any street right-of-way adjacent to the mobile home lot.
(e)
Net lot requirements.
[2]
Open space: 400 square feet per berth, not to be located in
any required lot setback, buffer yard, or yard (berth) areas.
[3]
Buffer yard and lot setbacks: as specified above.
[4]
Distance between mobile homes. The total of side yard setbacks
shall be a minimum of 28 feet, with no side yard setback less than
10 feet.
[5]
Sufficient screening and buffering of parking areas must be
provided to protect the neighborhood from detrimental noise, dust
and other disturbances.
(5)
Personal care boarding home.
(a)
The minimum area and bulk regulations for a 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 personal care boarding home shall have direct vehicular access
to an arterial or collector road as delineated by the Borough.
(c)
No personal care boarding home shall be established within 1,000
feet of another 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.
(6)
Animal hospital.
(a)
Such uses and structures shall be located at least 100 feet
from any lot line adjoining a residential use or zoning district and
at least 50 feet from any other lot line.
(b)
Animal holding areas shall be within an enclosed building.
(c)
If any adjacent property is or has been developed for any residential
dwelling, the kennels/boarding area of said animal hospital/care facility
shall be soundproofed to minimize noise impact on adjacent properties.
(d)
The facility shall be licensed by the Commonwealth of Pennsylvania,
and compliance with all applicable rules and regulations of the Commonwealth
of Pennsylvania and the local/County Health Department shall be maintained.
(7)
Auto sales/service and repair.
(a)
The minimum site area shall be one acre.
(b)
The dealer shall provide an indoor showroom for the new equipment
or vehicles.
(c)
Only vehicles in "showroom condition" may be displayed on the
property forward of the building setback line.
(d)
All vehicles not in "showroom condition" (including but not
limited to: those received in trade, awaiting repairs, for lease,
etc.) shall be stored behind the building setback line and screened
from view from the right-of-way and from adjoining properties by a
landscape screen or fence of appropriate design, as approved by the
Borough Council.
(e)
Any vehicle or equipment that fits the definitions of "junked
vehicle" or "abandoned vehicle," as defined in this chapter, is prohibited
from the premises.
(f)
The outdoor storage provisions of this chapter shall be waived
for such dealerships provided the above conditions are met and that
the development complies with the percentage of impervious surface.
(g)
The area used for display of merchandise offered for sale and
the area used for the parking of customer and employee automobiles
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 an equivalent or superior character, approved
by the Borough Engineer.
(h)
Landscaping within or along the perimeter of surface parking
and loading areas shall be encouraged to minimize the impact of heat
and glare from paving.
(i)
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 footcandle.
(8)
Bakery/confectionery.
(a)
Dumpsters and service areas shall be screened from the public
right-of-way and not conflict with off-street parking associated with
the use. No dumpsters and/or service areas shall be located between
the front lot line of the lot and the front facade of the principal
structure in which it is located.
(b)
Outdoor storage of materials shall not be permitted.
(c)
A delivery plan for the use shall be submitted for Council approval.
(10)
Bed-and-breakfast.
(a)
The operator of the bed-and-breakfast must be the owner of the
business and shall reside on the premises.
(b)
Meals shall only be served to overnight guests of the bed-and-breakfast.
(c)
Guests shall be limited to a maximum length of stay of 14 consecutive
days in any thirty-day period.
(d)
No more than five guest sleeping rooms shall be available and/or
utilized at any one time for the transient guests. Each guest room
may provide lodging for up to two individuals, unless children under
the age of 16 years are accompanying the guest. In no instance shall
the total number of guests in the bed-and-breakfast exceed 14 people.
(e)
No part of the facility shall be rented for social or business
functions.
(f)
There shall be only one lodging house located on the lot.
(g)
The lot shall meet all area and bulk regulations of the district
in which it is located.
(h)
Objectionable noise, vibration, smoke, dust, electrical disturbance,
odors, heat, or glare shall not be produced. The use shall comply
with the performance standards of this chapter.
(i)
Not more than one identification sign shall be permitted. The
identification sign must conform to this chapter.
(j)
All required parking spaces shall be provided on the lot and
shall not be located in the front yard. There shall be one space provided
for each room and one space provided for each permanent resident.
(k)
The driveway entrance and all parking areas shall be constructed
of well-compacted stone or better and approved by the Borough Engineer.
(l)
The conditional use of a bed-and-breakfast expressly excludes
alternative housing for criminal offenders, drug or alcohol rehabilitation,
halfway house and similar uses.
(11)
Brewery/brew pub/tap room.
(a)
A brewery/bar/tap room shall be located in accordance with the
provisions of the Pennsylvania Liquor Control Board.
(b)
A brewery/bar/tap room's hours of operation and activities must
be appropriately scheduled to protect surrounding residential neighborhoods
from detrimental noise, disturbance or interruption.
(c)
The owner(s) and operator(s) of a brewery/bar/tap room shall
be responsible for the conduct and safety of the patrons.
(d)
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.
(12)
Club/lodge. A delivery plan for the use shall be submitted for
Council approval.
(13)
Emergency services. An access analysis shall be conducted in
order to evaluate sight distance and to identify appropriate lot access
points. Special traffic signage control and lighting may need to be
provided pending the results of said access analysis.
(15)
Fuel/service stations.
(a)
In order to ensure pedestrian safety, access and circulation
for both customers and deliveries/loading shall be posted on the lot.
(b)
Loading areas/docks shall be screened with either landscaping
or fencing from neighboring uses.
(c)
One additional tree per fuel pump/recharge unit shall be planted
on the lot.
(d)
Lighting associated with any canopy constructed on the lot shall
be installed as internal illumination of the canopy only.
(e)
To minimize conflicts between food/beverage items, animals and
the natural elements, the storage of palettes and other loading-related
equipment/materials shall be contained within an enclosed and covered
structure.
(f)
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhood.
(g)
Building and parking setbacks shall be consistent with the existing
building and parking setbacks of adjoining lots.
(h)
Buffering of parking and loading areas shall be provided in
accordance with this chapter.
(i)
As part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be a maximum of zero footcandles.
(j)
A traffic impact study shall be required to be submitted where
the proposed development, according to the institute of Transportation
Engineers (ITE) standards, will generate 100 trips in addition to
the adjacent roadways' peak-hour volumes.
(16)
Funeral home.
(a)
A listing of products which contain toxic and/or explosive materials
shall be kept on record at all times.
(b)
A circulation plan acceptable to the Borough shall be submitted
to demonstrate adequate delivery and associated circulation areas
do not conflict with existing Borough development and circulation
patterns.
(17)
Grocery store/butcher shop/green grocer.
(a)
Hours of operation shall be scheduled to minimize negative impacts
on the surrounding neighborhoods.
(b)
Buffering of parking and loading areas shall be provided in
accordance with this chapter.
(c)
A traffic impact study acceptable to the Borough Engineer shall
be required to be submitted where the proposed development, according
to the Institute of Transportation Engineers' (ITE) standards, will
generate 50 trips in addition to the adjacent roadways' peak-hour
volumes.
(d)
Any parking area associated with a grocery store shall have
a maximum of two points of ingress/egress to an arterial or collector
street, as delineated by the Borough.
(e)
A delivery zone plan acceptable to the Borough Engineer shall
be submitted to demonstrate adequate delivery and associated circulation
areas do not conflict with existing Borough development and circulation
patterns.
(f)
Dumpsters shall be located to the rear of the lot and screened
with the same building material of the principal building, buffer
yard, fence or wall with a minimum height of eight feet if the dumpster
has a peaked roof, and otherwise six feet, and a minimum opacity of
80%.
(18)
Health/fitness club.
(a)
Dumpsters and service areas shall be screened from the public
right-of-way and not conflict with off-street parking associated with
the use. No dumpsters and/or service areas shall be located between
the front lot line of the lot and the front facade of the principal
structure in which it is located.
(b)
Outdoor storage of materials shall not be permitted.
(c)
A delivery plan for the use shall be submitted for Council approval.
(19)
Home occupation.
(a)
The home occupation shall be carried on wholly within the principal
or accessory structures.
(b)
Articles not produced on the premises shall not be sold on the
premises.
(c)
There shall be no display of merchandise available for sale
on the premises; however, merchandise may be stored on the premises
for delivery off the premises.
(d)
Exterior displays or signs other than those permitted in this
chapter, exterior storage of material and exterior indication of the
home occupation or variation from the residential character of the
principal structure shall not be permitted.
(e)
The use shall not significantly intensify vehicular or pedestrian
traffic which is normal for the residences in the neighborhood.
(f)
The use shall not require internal or external alterations or
construction features which are not customary to a dwelling or which
change the fire rating of a structure.
(g)
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.
(h)
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 permitted to be parked outdoors
on the premises.
(i)
The following uses shall not be considered home occupations
and shall be restricted to the zoning districts in which they are
specifically authorized as permitted uses or uses by special exception,
including, but not limited to:
[1]
Beauty shops or barber shops containing more than two chairs;
[2]
Clinics, hospitals or nursing homes;
[3]
Kennels, veterinary offices and clinics;
[4]
Mortuaries;
[5]
Private clubs;
[6]
Private instruction to more than three students at a time;
[7]
Restaurants or tearooms;
[8]
Stables;
[9]
Tourist or boarding homes;
[10]
Vehicle or equipment rental, repair or sales;
[11]
Vehicle repair garages, as defined by this chapter.
(j)
Day-care homes other than those defined in this chapter shall
meet all of the foregoing requirements for a home occupation as well
as the following additional requirements:
(20)
Laundry and/or dry-cleaning plan.
(21)
Marina, docks, portals for water access.
(a)
Ingress and egress of the lot shall be approved by Council.
(b)
Outdoor storage of materials associated with maintenance shall
not be permitted.
(c)
As part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be a maximum of zero footcandles.
(d)
The plan for the use shall be prepared and sealed by an architect,
engineer or landscape architect showing the overall use of the site,
structures and facilities, decks, ramps, etc. The plan shall conform
to all safety requirements of the United States Army Corps of Engineers.
(22)
Mixed nonresidential/residential. When a number of different
uses are proposed within a structure, facility or complex, and when
it can be demonstrated that one or more of such uses require parking
needs at times other than normal business or operating hours, the
applicant shall present for review and consideration a written report
prepared by a professional traffic engineer or consultant, stating
that a maximum combination of all such uses will not require that
the total accumulative parking needs must be provided on the site.
After review of the plan, if determined that a reduced overall parking
requirement can satisfy the off-street parking needs of the combined
facilities, the applicant shall be permitted to reduce the parking
spaces provided in accordance with the stipulated number of spaces
by the appropriate reviewing body.
(23)
Personal and professional services.
(a)
A minimum of 15% of the net floor area of the business shall
include retail as an accessory use where said retail activity shall
be directly related to the services.
(b)
Said retail accessory use of the business shall be located on
the first or ground floor.
(c)
The square footage associated with said retail accessory use
shall be located immediately fronting on and visible from a public
street.
(24)
Place of assembly/worship.
(a)
A primary visitor dropoff and pickup area shall be located in
a manner that minimizes detrimental traffic impacts (both pedestrian
and vehicular) on the surrounding neighborhood.
(b)
A traffic impact study acceptable to the Borough Engineer shall
be required to be submitted where the proposed development, according
to the Institute of Transportation Engineers' (ITE) standards, will
generate 100 trips in addition to the adjacent roadways' peak-hour
volumes.
(c)
The number of points of ingress/egress shall be based upon projected
peak-hour traffic for the use and approved by the engineer to ensure
employee and visitor safety.
(d)
Hours of operation and events shall be scheduled to minimize
negative impacts on the surrounding neighborhood.
(e)
For parking demands greater than 100 automobiles, additional
setbacks, screening and buffering of off-street parking and loading
areas may be required to be provided in order to protect the surrounding
neighborhood from inappropriate noise, dust, light and other disturbances.
(25)
Printing, publications, and engraving plants.
(a)
Any outdoor storage conducted on the lot shall comply with the
regulations for outdoor storage as defined in this chapter.
(b)
A facility shall have one point of ingress and egress to a public
arterial or collector street.
(c)
Hours of operation and activities must be appropriately scheduled
to protect the surrounding neighborhood from detrimental noise, dust,
odor, vibration, light or other disturbance or interruption.
(d)
An inventory of toxic, corrosive, flammable, carcinogenic or
explosive materials, chemicals, liquids, gases or solids shall be
updated annually and submitted to the Borough for record.
(26)
Professional and business offices. A delivery zone plan acceptable
to the Borough Engineer shall be submitted to demonstrate adequate
delivery and associated circulation areas do not conflict with existing
Borough development and circulation patterns.
(27)
Public park, recreation area, playground.
(a)
All pools, tennis courts, or other comparable facilities shall
be considered structures for the purpose of this chapter.
(b)
Coverage, including structures, parking lots, and buildings,
shall not exceed 50% of the lot.
(c)
The facility area and lot boundaries shall be landscaped as
required by the Borough to minimize noise projection and make the
grounds aesthetically compatible to the surrounding properties.
(d)
All structures shall not be less than 100 feet from any lot
line, and no less than 200 feet from the nearest house.
(e)
All facilities shall have a paved parking area in accordance
with this chapter; and it shall not be closer than 25 feet to any
residential lot line.
(f)
All facilities shall abut a public road and have a permanent
access thereto.
(g)
Alcoholic beverages without a Pennsylvania Liquor Control Board
license, amplified music, and jukeboxes shall be prohibited on the
premises.
(h)
No direct or sky-reflected glare, whether from floodlights or
any other kind of light, shall be visible from adjoining public streets
or adjacent lots when viewed by a person standing on ground level.
(28)
Riverboat gambling. If not located on the lot in which the use
directly access to/from the water, parking shall be located on the
lot immediately adjacent to the point of land/water access.
(29)
School, academic.
(a)
Such use shall not exceed the impact on the neighborhood and
adjacent streets of any use specifically listed as permitted in the
zoning district in which the school is located. In making such determination,
the following characteristics shall be considered:
[1]
The number of employees.
[2]
The number of students.
[3]
The floor area of the building or gross area of the lot devoted
to the proposed use.
[4]
The type of products, materials, equipment and/or the process
involved in the proposed use.
[5]
The traffic and environmental impacts.
[6]
The ability of the proposed use to comply with the performance
standards of this chapter.
(b)
The commercial school shall comply with all applicable area
and bulk regulations of the zoning district in which it is located.
(c)
Schools shall have a minimum of one point of ingress/egress
to an arterial or collector road, as delineated by the Borough. The
road shall have sufficient capacity to handle traffic generated by
the facility.
(d)
As part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot.
(e)
At no time shall any supply materials or equipment be permitted
to be stored outdoors.
(30)
Sewage treatment facility. Equalization tanks shall be located
at least 1,000 feet from any property line adjoining residential use
or zoning classification and at least 500 feet from all other property
lines.
(31)
Storage building for retail on premises.
(a)
The storage building shall be accessible both internally from
the retail business and externally.
(b)
The height of the storage building shall not exceed the height
of the structure in which the retail is located.
(c)
No outside storage shall be permitted and ventilation shall
be provided as part of the storage building to ensure no build-up
of heat, fumes, and the like.
(d)
Service areas shall be screened from the public right-of-way
and not conflict with off-street parking associated with the use.
No service areas shall be located between the front lot line of the
lot and the front facade of the principal structure in which it is
located.
(e)
A delivery plan for the use shall be submitted for Council approval.
(32)
Tattoo shop.
(a)
Applicable business and Health Department licensing shall be
available and displayed in public at all times.
(b)
An hours-of-operation schedule shall be submitted at the time
of application. Hours of operation shall be scheduled to not cause
detrimental impacts of noise, traffic and other performance-related
standards on surrounding neighborhood development.
(c)
Any such establishment shall be located on an upper floor of
a building only.
(d)
No tattoo establishment lot shall be located within a one-thousand-five-hundred-foot
radius of another tattoo establishment lot line.
(33)
Theater.
(a)
A theater/auditorium's primary visitor dropoff and pickup area
shall be located in a manner that minimizes detrimental traffic impacts
(both pedestrian and vehicular) on the surrounding neighborhood.
(b)
All parking shall be provided on the same lot as the principal
building.
(c)
For parking lots that provide space for more than 50 cars, a
theater/auditorium shall have two direct points of ingress/egress
from the adjoining arterial and/or collector street(s). The points
of ingress/egress shall be located in a manner that minimizes detrimental
traffic impacts (both pedestrian and vehicular) on the surrounding
neighborhood.
(d)
For parking demands greater than 50 automobiles, additional
setbacks, screening and buffering of off-street parking and loading
areas shall be incorporated as defined by the Borough to be provided
in order to protect the surrounding neighborhood from inappropriate
noise, dust, light and other disturbances.
(e)
Any additional standards that are needed to protect public health,
safety, and welfare or to address unique characteristics of a particular
lot defined by the Borough shall be complied with by the landowner
and/or developer.
(f)
Hours of operation shall be scheduled to ensure compatibility
with surrounding land uses. Hours of operation for outdoor facilities
shall be approved by the Borough.
(g)
Noise generated from any performance activity shall not be exceed
65 decibels with 100 feet of the lot line of said use.
(34)
Any identified conditional use in the Riverfront (RF) District.
In addition to the above applicable provisions, development shall
be approved if it is found to meet the following criteria:
(a)
Development shall not inhibit the creation of a Borough and
regional access point to the Allegheny River by the public.
(b)
Development shall not inhibit the future creation of a trail
along the Allegheny River for walking, hiking and biking, the portion
of which trail in Millvale Borough shall be part of a regional trail
along the Allegheny River.
(c)
Development shall plan and provide for improving public access
to, use of, and enjoyment of the scenic and other assets of the Allegheny
River, and further the goals of the Borough relative to the use and
preservation of riverfront property; or in the alternative, will not
inhibit the same.
(d)
The proposed riverfront development plan preserves the development
objectives of this chapter, and is consistent with or does not substantially
deviate from the Borough Comprehensive Plan, as amended.
(e)
Maintenance and conservation of any proposed common open space
are reliable; and the amount and extent of improvements of such open
space is adequate with respect to the purpose, use, and type of development
proposed.
(f)
Physical design of the development adequately provides for public
services, pedestrian and vehicle traffic facilities and parking, light,
air, recreation, and visual enjoyment.
(g)
The total environment of the development is harmonious and consistent
with the riverfront district or subdistrict in which it is located
and that the long-term development of any unused portion of the land
owned or controlled by the developer will be harmonious and consistent
with the portion of the land proposed for approval.
(h)
The development will afford a greater degree of protection of
natural watercourses, topsoil, trees, and other features of the natural
environment, and prevention of erosion, landslides, siltation and
flooding.
(i)
The development will provide for a reasonable balance among
permitted uses within the Riverfront District, including uses already
established pursuant to previously approved development.
