Purpose. Conditional use provisions apply to all uses identified
as conditional uses in the Tables of Authorized Uses (Principal and
Accessory). The conditional use approval process is designed to allow
the Borough Council to review and approve certain uses that may have
additional impacts on the community and the environment beyond those
typical for uses that are allowed by right. The intent is to allow
certain specified uses identified as conditional uses in the Tables
of Authorized Uses (Principal and Accessory) to be reviewed by the
Borough Council so that they may determine compliance with this chapter
and attach reasonable conditions and safeguards, in addition to the
standards and criteria expressed in this chapter as the Council may
deem necessary to implement the purposes of this chapter.
Procedure. The Borough Council shall consider the conditional
use application and render its decision in accordance with the requirements
of the Pennsylvania Municipalities Planning Code (MPC) and this chapter
and subject to the following:
A. If a land development approval is required for the conditional use,
the application for conditional use approval and the application for
approval of a Land development required by the Borough's adopted
Subdivision and Land Development Ordinance may be processed concurrently or separately at the discretion
of the applicant, provided that all application requirements of both
ordinances for a conditional use and the land development plan are
met.
B. Application procedure. The applicant shall submit an application
for development for approval of a conditional use to the Zoning Officer
or designated staff person of the Borough. The application for development
shall indicate the section of this chapter under which the conditional
use is sought and shall state the grounds upon which it is requested.
C. Application content. An application for approval of a conditional
use shall include the following:
(1)
One copy of the application form provided by the Borough and
completed by the applicant. If the applicant is other than the landowner,
the landowner's authorization of the application and the nature
of applicant's interest in the site shall accompany application.
(2)
Twelve paper and one electronic copies of a site plan meeting
the requirements for a preliminary plan for land development as set
forth in Subdivision and Land Development Ordinance and, in addition,
demonstrating conformity with all requirements of this chapter.
(3)
Application fee and review fees established by resolution of
the Council to cover the cost of review.
D. Administrative review and determination of complete application.
Within seven working days after a conditional use application is submitted,
the Borough shall review the conditional use application for completeness
of required submission items. Within said time, the Borough shall
notify the applicant in writing if the conditional use application
is incomplete and rejected, stating the deficiencies in the application
and returning the filing fee. The applicant may reapply, submitting
the fee and missing material at any time.
E. The Borough shall submit the complete conditional use application
to the Borough Planning Commission for review and recommendations.
The Planning Commission shall review the application and make a written
recommendation to the Council. If the proposed development is also
a land development, the Planning Commission shall also make a recommendation
under the provisions of the Subdivision and Land Development Ordinance.
F. The Council shall hold a hearing, in accordance with 913.2 of the
MPC, 53 P.S. 10913.2, and public notice shall be given as defined
in this chapter. The hearing shall be commenced by the Council within
60 days from the date of receipt of the applicant's completed
application, unless the applicant has agreed in writing to an extension
of time.
G. Conditions. In considering any conditional use, the Council may attach
reasonable conditions and safeguards, in addition to those expressed
in this chapter, as the Council deems necessary to implement the purposes
of the MPC and this chapter. A violation of such conditions and safeguards,
when made a part of the terms under which the conditional use is granted,
shall be deemed a violation of this chapter.
H. Written decision. The Council shall render a written decision or,
when no decision is called for, make written findings on the conditional
use application within 45 days after the last hearing before the Council.
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. A copy of the final decision or, where
no decision is called for, of the findings shall be delivered to the
applicant personally or mailed to him no later than the day following
its date.
I. Expiration. Conditional use approval shall expire automatically without
written notice to the applicant if no application for subdivision
and land development, zoning approval for structures, zoning approval
for occupancy and use or a grading or building permit to undertake
the work described in the conditional use approval has been submitted
within 12 months of said approval, unless the Council, in their sole
discretion, extend the conditional use approval upon written request
of the applicant received prior to its expiration. The maximum extension
permitted shall be one twelve-month extension. The Council may grant
an extension for good cause shown by the applicant and provided that
the extension will not be contrary to the purposes of this chapter.
J. Effect on prior approvals. Conditional use approval, granted prior
to the effective date of this chapter, shall expire automatically
without written notice to the developer if no application for subdivision
and land development, zoning approval for structures, zoning approval
for occupancy and use, or a grading or building permit to undertake
the work described in the conditional use approval has been submitted
within 12 months of the effective date of this chapter or as specified
in the approval, unless the Council, in its sole discretion, extends
the conditional use approval upon written request of the applicant
received prior to its expiration. The maximum extension permitted
shall be one twelve-month extension.
K. All provisions of Subdivision and Land Development Ordinance which are not specifically modified by the Council in
approving a conditional use, shall apply to any conditional use involving
subdivision and land development.
L. Burden of Proof. In any application for conditional use, the applicant
shall have the persuasion burden and presentation duty to show compliance
with this chapter, and the applicant shall have the persuasion burden
to show the applicant's request is not detrimental to the health,
safety, and welfare of the neighborhood.
Purpose. Special exception use provisions apply to all uses
identified as special exception uses in the Tables of Authorized Uses
(Principal and Accessory). The special exception use approval process
is designed to allow the Zoning Hearing Board to review and approve
certain uses that may have additional impacts on the community and
the environment beyond those typical for uses that are allowed by
right. The intent is to allow certain specified uses identified as
special exception uses in the Tables of Authorized Uses (Principal
and Accessory) to be reviewed by the Zoning Hearing Board so that
they may determine use compliance with this chapter and attach reasonable
conditions and safeguards, in addition to the standards and criteria
expressed in this chapter as the Zoning Hearing Board may deem necessary
to implement the purposes of the Zoning chapter or MPC.
Procedure. The Zoning Hearing Board shall consider special exception
applications and render its decision in accordance with the requirements
of the Pennsylvania MPC and this chapter and subject to the following:
A. If land development approval is required for the use by special exception,
the application for approval of a land development required by the
Subdivision and Land Development Ordinance shall be submitted to the Borough Planning Commission
and Council following approval of the use by special exception by
the Zoning Hearing Board.
B. Application procedure. The applicant shall submit an application
for approval of a special exception to the Zoning Officer or designated
staff person of the Borough. The application form shall indicate the
section of this chapter under which the special exception is sought
and shall state the grounds upon which it is requested.
C. Application content. An application for approval of a special exception
shall include the following:
(1)
One copy of the application form provided by the Borough and
completed by the applicant. If the applicant is other than the landowner,
the landowner's authorization of the application and the nature
of applicant's interest in the site shall accompany application.
(2)
Twelve paper and one electronic copies of a site plan meeting
the requirements for a preliminary plan for land development as set
forth in Subdivision and Land Development Ordinance, and in addition,
demonstrating conformity with all requirements of this chapter.
(3)
Application fee and review fees established by ordinance or
resolution of the Borough to cover the cost of review.
D. Administrative review and determination of complete application.
Within seven working days after a special exception application is
submitted, the Borough shall review the application for completeness
of required submission items. Within said time, the Borough shall
notify the applicant in writing if the application is incomplete and
rejected, stating the deficiencies in the application and returning
the filing fee. The applicant may reapply, submitting the fee and
missing material at any time.
E. A hearing pursuant to public notice, as defined herein, shall be
commenced by the Zoning Hearing Board within 60 days of submission
of a complete and properly filed application. Said hearing shall be
conducted in accordance with the procedures specified by this chapter
and state law.
F. Burden of proof. In proceedings involving a request for a use by
special exception, both the duty of initially presenting evidence
and the burden of persuading the Zoning Hearing Board that the proposed
use is authorized as a use by special exception and satisfies the
specific or objective requirements for the grant of a use by special
exception as set forth in this chapter rest upon the applicant. The
applicant shall demonstrate that the request is not detrimental to
the health, safety, and welfare of the neighborhood.
G. Conditions. In considering any special exception, the Zoning Hearing
Board may attach reasonable conditions and safeguards, in addition
to those expressed in this chapter, as the Board deems necessary to
implement the purposes of the MPC and this chapter. A violation of
such conditions and safeguards, when made a part of the terms under
which the special exception is granted, shall be deemed a violation
of this chapter, and upon a finding of violation, shall require that
the special exception use be discontinued until the violation is corrected.
When considering applications for conditional uses and special
exceptions the following general standards for all conditional uses
and special exceptions shall be met:
A. In accordance with the Comprehensive Plan the use shall be consistent
with the spirit, purposes, and the intent of this chapter.
B. Compliance with this chapter. The applicant shall establish by credible
evidence that the application complies with all applicable requirements
of this chapter. The applicant shall provide sufficient plans, studies
or other data to demonstrate compliance.
C. Compliance with other laws. The approval may be conditioned upon
the applicant demonstrating compliance with other specific applicable
local, state and federal laws, regulations and permits.
D. The application shall include proper site layout, internal circulation,
parking, buffering, and all other elements of proper design as specified
in this chapter.
E. The applicant shall establish that the traffic from the proposed
use will be accommodated in a safe and efficient manner that will
minimize hazards and congestion and provide adequate access arrangements
after considering any improvements proposed to be made by the applicant
as a condition on approval.
F. The proposed use shall not substantially change the character of
any surrounding residential neighborhood after considering any proposed
conditions upon approval.
G. The proposed use shall not create a significant hazard to the public
health safety, and welfare.
H. The proposed use shall be suitable for the property in question,
and designed, constructed, operated, and maintained so as to be in
harmony with and appropriate in appearance to the existing or intended
character of the general vicinity.
Commercial recreation, subject to:
A. Any use which proposes a maximum permitted occupancy of 200 or more
persons at any given time shall provide public water and public sewers
on the site. In the event public facilities are not sufficient to
support attendees, adequate sanitary facilities shall be provided
during the event, as approved by the Borough.
B. Outdoor speakers shall not be permitted if there are dwellings within
500 feet of the site in any direction. If outdoor speakers are allowed,
the volume and direction shall be regulated to minimize the impact
on adjoining properties.
C. Location of buildings and facilities, traffic circulation and parking
areas shall be designed to provide adequate access for emergency medical
vehicles and fire-fighting equipment.
D. Any outdoor facility located within 200 feet of an existing dwelling
shall cease operations no later than 12:00 midnight.
E. Indoor commercial recreation uses located in the CBD and MU Districts
shall maintain the facade of the structure in a manner consistent
with commercial businesses in the district, and shall not be permitted
to remove or black out existing glass or windows on the front facade
of the structure.
F. At the discretion of the Borough, outdoor commercial recreation uses
shall be required to place fences, screening or other material as
necessary to prevent impacts to adjacent properties.
Conversion dwellings which increases the number of dwelling
units in the zoning districts where authorized shall be subject to
the following requirements:
A. Each dwelling unit shall contain a minimum of 800 square feet of
gross floor area.
B. Each dwelling unit shall have separate living, sleeping, kitchen
and sanitary facilities.
C. The proposed conversion dwelling shall meet the minimum lot and area
requirements for similar dwelling types authorized within the district
in which it is located.
D. Each dwelling unit shall have a separate entrance, either directly
from the outside or from a common corridor inside the structure.
E. Conversion dwellings shall provide an additional one off-street parking space for each dwelling unit. The paving and design of the off-street parking spaces shall be in compliance with the requirements of Article
VI, Parking.
F. Conversion dwellings shall provide continuity in architectural design
and shall incorporate any proposed construction into the existing
structural features.
Urban agriculture, limited (no animals) shall be subject to
the following standards:
A. The keeping of poultry, birds, livestock or other farm animals is
not permitted.
B. The keeping of bees is permissible, subject to the same conditions
as urban agriculture, accessory uses.
C. No processing of products grown on the site is permitted.
D. All structures shall be subject to any required setbacks of the zoning
district, but shall in all cases be a minimum of 10 feet from any
property line.
E. All seed, fertilizer, or similar products shall be stored in a secured,
rodent-proof container and housed within an enclosed structure.
Urban agriculture, accessory use, shall be subject to the following
standards:
A. A minimum of 20% of the existing lot size must be impervious surface
in order to be permitted to keep poultry or bees.
B. All seed, fertilizer, and animal feed shall be stored in a secured,
rodent-proof container and housed within an enclosed structure.
C. Keeping of Poultry Birds requires a minimum lot size of 2,500 square
feet. Lots or properties that meet the minimum lot size are permitted
three poultry birds.
D. All structures related to the housing of poultry birds shall be at
least six square feet in size and a minimum of two square feet per
additional poultry bird.
E. Roosters are not permitted.
F. The hen house and/or pen shall be properly designed and constructed
to provide adequate security from rodents and predators. Sufficient
ventilation and suitable shelter for hens must be provided. The hen
house may not be taller than six feet and must be easily accessible
for cleaning and maintenance. Any windows must be screened with chicken
wire to protect the hens from predators.
G. For property with a minimum of 2,500 square feet in size, the property
owner is permitted to keep two beehives. For every additional 2,500
square feet of property, the owner is permitted two additional beehives.
H. All structures necessary for and related to the housing of bees shall
be subject to any required setbacks of the underlying zoning district,
and shall otherwise be set back at least 10 feet from any property
line. Beehives shall not be located in the front yard.
I. Ground-mounted beehives shall be located no higher than six feet
from grade.
J. Ground-mounted beehives shall be permitted in the rear yard only,
and shall be provided an enclosed barrier along the property line
six feet in height consisting of a solid fence, dense vegetation or
combination thereof, and in cases where there is ample yard-area,
a flyway may be substituted for perimeter barriers, consisting of
six-foot high barriers on both sides of the bee colony, creating a
channel extending 20 feet in each direction beyond each bee colony
entrance;
K. Roof-mounted beehives shall not be permitted.
L. All animal structures and roaming areas shall be kept sanitary and
free from accumulations of animal excrement and objectionable odor.
M. Outdoor roaming areas for poultry birds shall be sufficiently enclosed
and screened from the street and neighboring properties to protect
them from vehicular traffic, and to minimize external impacts of the
outdoor roaming areas; and
N. The keeping of poultry birds or honeybees shall be permitted as an
accessory use only where there is an occupied residence.
O. The keeping of livestock or other farm animals shall not be permitted
as an accessory use.
Large wind energy production facility. Large wind energy production
facilities shall be subject to the following regulations:
A. The layout, design, and installation of large wind energy production
facilities shall conform to applicable industry standards, including
those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other
similar certifying organizations, and shall comply with the Pennsylvania
Uniform Construction Code (UCC), Act 45 of 1999, as amended and with
all other applicable fire and life safety requirements. The manufacturer
specifications shall be submitted as part of the application.
B. Large wind energy production facilities shall not generate noise
which exceeds 55 decibels measured at any property line.
C. All on-site utility and transmission lines extending to and from
the large wind energy production facility shall be placed underground.
D. All large wind energy production facilities shall be equipped with
a redundant braking system. This includes both aerodynamic overspeed
controls (including variable pitch, tip, and other similar systems)
and mechanical brakes. Mechanical brakes shall be operated in a fail-safe
mode. Staff regulation shall not be considered a sufficient braking
system for overspeed protection.
E. Large wind energy production facilities shall not be artificially
lighted, except to the extent required by the FAA.
F. Wind turbines and towers shall not display advertising, except for
reasonable identification of the large wind energy production facility's
manufacturer. Such sign shall have an area of less than four square
feet.
G. Wind turbines and towers shall be a nonobtrusive color such as white,
off-white or gray.
H. All large wind energy production facilities shall, to the extent
feasible, be sited to prevent shadow flicker on any occupied building
on adjacent lot.
I. A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
J. All access doors to wind turbines and electrical equipment shall
be locked or fenced, as appropriate, to prevent entry by nonauthorized
persons.
K. No portion of any large wind energy production system shall extend
over parking areas, access drives, driveways or sidewalks.
L. All large wind energy production facilities shall be independent
of any other structure and shall be located a minimum distance of
1.1 times the turbine height from any inhabited structure, property
line, street right-of-way, or overhead utility line.
M. The minimum height of the lowest position of the wind turbine shall
be 30 feet above the ground.
N. All large wind energy production facilities shall be completely enclosed
by a minimum eight-foot high fence with a self-locking gate, or the
wind turbines' climbing apparatus shall be limited to no lower
than 12 feet from the ground, or the wind turbines' climbing
apparatus shall be fully contained and locked within the tower structure.
O. The large wind energy production facility owner is required to notify
the Borough immediately upon cessation or abandonment of the operation.
The large wind energy production facility owner shall then have 12
months in which to dismantle and remove the large wind energy production
facility from the lot. At the time of issuance of the permit for the
construction of the large wind energy production facility, the owner
shall provide financial security in form and amount acceptable to
the Borough to secure the expense of dismantling and removing said
structures.
Small wind energy system. Small wind energy systems shall be
permitted in all zoning districts as accessory uses and accessory
structures and shall be subject to the following regulations:
A. The design and installation of all small wind energy systems shall
conform to applicable industry standards, including those of the ANSI,
Underwriters Laboratories (UL), the ASTM, or other similar certifying
organizations, and shall comply with the Pennsylvania Uniform Construction
Code (UCC), Act 45 of 1999, as amended and with all other applicable
fire and life safety requirements. The manufacturer specifications
shall be submitted as part of the application.
B. No more than one small wind energy system shall be permitted per
lot.
C. Small wind energy systems shall not generate noise which exceeds
55 decibels measured at any property line.
D. Small wind energy systems shall not be artificially lighted, except
to the extent required by the FAA.
E. All on-site utility and transmission lines extending to and from
the small wind energy system shall be placed underground if a separate
structure. If affixed to an existing structure there shall be no exposed
wires.
F. No part of any small wind energy system shall be located within or
above any front yard, along any street frontage, nor within any required
setback of any lot.
G. The maximum height of any small wind energy system shall not exceed
the maximum height of the zoning district in which it is located.
H. No portion of any small wind energy system shall extend over parking
areas, access drives, driveways or sidewalks.
I. The minimum height of the lowest position of the wind turbine shall
be 15 feet above the ground.
J. All small wind energy systems shall be completely enclosed by a minimum
eight-foot high fence with a self-locking gate, or the wind turbine's
climbing apparatus shall be limited to no lower than 15 feet from
the ground, or the wind turbine's climbing apparatus shall be
fully contained and locked within the tower structure.
K. Small wind energy systems shall not display advertising, except for
reasonable identification of the small wind energy system's manufacturer.
Such sign shall have an area of less than four square feet.
L. When an accessory building is necessary for storage cells or related
mechanical equipment, the accessory building shall not have a floor
area exceeding 200 square feet, and shall comply with the accessory
building requirements specified within each zoning district.
M. Accessory buildings shall not be located within any front yard or
along any street frontage, nor within any required setback of any
lot.
N. The owner shall provide a copy of the letter from the electric utility
company indicating that it has received and processed an application
for interconnection of renewable generation equipment with the application
for a zoning permit. The owner shall provide a copy of the final inspection
report or other final approval from the electric utility company to
the Borough prior to the issuance of a certificate of use and occupancy
for the small wind energy system. Off-grid systems shall be exempt
from this requirement.
O. The owner of the small wind energy system shall, at the owner's
expense, complete decommissioning within 12 months after the end of
the useful life of the small wind energy system. It shall be presumed
that the wind turbine is at the end of its useful life if no electricity
is generated for a continuous period of 12 months.
P. The owner of the small wind energy system shall provide evidence
that the owner's insurance policy has been endorsed to cover
damage or injury that might result from the installation and operation
of the small wind energy system.