1.
In evaluating an application for a conditional use the Borough Council
applies the provisions and procedures associated with conditional
uses as set forth in the Pennsylvania Municipalities Planning Code.
2.
The following criteria for conditional uses apply to all conditional
uses:
A.
Building and parking setbacks must be consistent with existing building
and parking setbacks of adjoining and neighboring lots on the block
in which the development is located. The location and arrangement
of parking on a lot will be designed and constructed so that general
safety and circulation is optimized and so that the impact of vehicles
and lighting on rights-of-way or residential activity in proximity
to the lot is minimized. Sharpsburg Borough reserves the right to
increase buffer yard requirements, require parking to be located behind
the minimum front facade of the primary building or to designate other
measures on the lot in order to maximize safety and/or minimize impacts
to surrounding uses.
B.
A landowner and/or developer must provide a plan for photometrics
of the lot. Illumination, when measured at a lot line, will be zero
footcandles.
C.
Unless the landowner and/or developer can present a development alternative
which demonstrates it is feasible that surface parking can only exist
within a lot's yard which is adjacent to Main Street or to another
corner lot, no surface parking will front on Main Street or on a corner
lot of said street.
D.
To protect and/or safeguard the character of existing development
in Sharpsburg Borough, for cases where there is the re-use of a residential
structure or a lot on which a residential structure exists, the landowner
and/or developer will maintain the characteristics, inclusive of but
not limited to massing, heights and exterior historical features,
of said residential structure with surrounding residential structures.
E.
Hours of operation will be scheduled to minimize negative impacts
on the surrounding neighborhood.
F.
A traffic impact study acceptable to the Borough Engineer may 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.
3.
The consideration of a conditional use by Borough Council upon review
of the Borough Planning Commission's recommendations must be predicated
on the applicant's submission of a written application containing
all of the information required under this section, together with
a site plan meeting the requirements of this chapter and any other
Borough ordinance, as applicable.
4.
A written submission must demonstrate that development for which
the conditional use is sought:
A.
Will not endanger the public health and safety and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration as prohibited by Article V of this chapter.
B.
Meets all other requirements of this chapter in the zone where the
use is proposed.
C.
Is in general conformity with the Etna-Millvale-Sharpsburg Multi-Municipal
Comprehensive Plan and is attractive and in harmony with the area
in which it is proposed.
D.
Is an appropriate use on the proposed lot as a conditional use.
E.
If defined as part of any conditional use, will be completed within
the identified time frame. Also, the Borough Council may extend time
for any completion date if the applicant or his agent requests such
an extension and if good cause for the extension is shown. If at the
end of the identified time frame or extended completion period the
conditional use is not completed, and if no extension has been granted,
the conditional use will become null and void.
F.
Upon Borough Council designating a conditional use, any prior conditional
use for the same tract of land becomes null and void.
G.
Information, including applicant's address, location of site, listing
of landowners who will receive notice of the zoning application, zone
and other relevant information as defined by Sharpsburg Borough, must
be submitted.
5.
The site plan will show to scale the entire lot to be ultimately
developed and indicate the location, height and use of structure,
driveways, signs, parking areas and topographical and/or natural features
of the lot. An architectural rendering of the structures proposed
on the lot must also be submitted.
6.
Conditional uses will be subject to periodic inspections to ensure
compliance with the conditions of approval.
7.
The Borough Council and/or Borough Planning Commission may attach
additional conditions in order to protect the public's health, safety
and welfare. These conditions may include, but are not limited to,
increased screening.
8.
All conditions shall be kept on file at the Sharpsburg Borough Administrative
Office with the applicable date, identified Borough representative
signature and Borough seal.
1.
In addition to the general standards and criteria for conditional
uses listed 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.
A.
All other nonresidential uses.
(1)
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 Borough Council shall consider the
following characteristics of the proposed use:
(a)
The number of employees.
(b)
The floor area of the building or gross area of the lot devoted
to the proposed use.
(c)
The type of products, materials, equipment and/or processes
involved in the proposed use.
(d)
The magnitude of walk-in trade.
(e)
The traffic and environmental impacts and the ability of the
proposed use to comply with the performance standards of this chapter.
(2)
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.
(3)
Is in general conformity with the Borough Comprehensive Plan
and in harmony with the area in which it is proposed.
(4)
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.
(5)
Is in compliance with all other standards of this chapter and
all other Borough ordinances.
B.
Apartment.
(1)
Parking spaces shall be located no more than 300 feet from the
apartment's primary entrance.
(2)
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete or stone block paving material.
(3)
The means of a building's ingress and egress shall meet requirements
as outlined in the Borough's Building Code.
(4)
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.
(5)
The maximum number of units per building shall not exceed 24.
(6)
All dumpsters and/or waste collection areas shall be located
at least 50 feet from nearest residential unit and shall be enclosed
by solid masonry screen walls on a minimum of three sides.
(7)
The primary vehicular entrance to an apartment development shall,
at a minimum, have direct access to a collector road.
(8)
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
(9)
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 one footcandle.
(10)
Buffer yards between a garden apartment development and any
other adjacent residential lot shall be increased by 10 feet in addition
to the Borough's required buffer yard width. Landscaping, within this
additional width, shall be provided according to spacing, quantity
and type of plants specified by the Borough Planning Commission.
(11)
Slopes shall be graded at a maximum of a three-foot horizontal
to one-foot vertical ratio.
(12)
If the parking area for an apartment development is adjacent
to a single-family residential lot and demands greater than 10 automobiles,
the following shall apply:
(a)
An additional ten-foot buffer yard 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.
1)
One and one-half times the required number of plants for screening
and buffering off-street parking and loading areas; or
2)
A mound, a minimum of 3.5 feet in height at its peak, shall
be constructed where the sides do not exceed a four-foot horizontal
to one-foot vertical 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.
(13)
An apartment shall not be located within a structure that most
recently served as a single-family dwelling.
C.
Artisan workspace/sales.
(1)
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.
(2)
A listing of products which contain toxic and/or explosive materials
shall be kept on record at all times.
(3)
There shall be no exterior display or sign (except as permitted
in the regulation of signs in this chapter), no exterior storage of
materials, and no other exterior indication of the home occupation
or variation of the residential character of the main building. In
order to minimize conflict with surrounding residential neighborhood
activity, an artisan workplace/sales area shall occupy a structure
which is residential in character.
(4)
As regulated by the chapter's performance standards, no offensive
noise, vibration, smoke or other particulate matter, heat, humidity,
glare or other objectionable effects shall be produced.
(5)
Under no circumstances shall an artisan workplace/sales be interpreted
to permit a commercial stable or a dog kennel, automobile sales, small
engine repair shop, donut shop, or any occupation where the principal
activity involves sales offered across the counter.
D.
Auto repair.
(1)
Such use shall not be located within 100 feet of any lot line
adjoining residential use or zoning classification.
(2)
There shall be no storage of parts or dismantled vehicles outside
an enclosed building.
(3)
All repair work shall be performed within an enclosed building
which has adequate ventilation and fire protection provisions.
(4)
All towed vehicles shall be stored on the premises, and no vehicle
shall be stored or dismantled on any public street.
(5)
Vehicles or equipment awaiting repair shall be kept in an enclosed
wall or building or in an outdoor area which is screened by an eight-foot-high
hedge or opaque fence with a minimum capacity of 80%.
(6)
The premises shall be kept clean and shall be maintained so
as to not constitute a nuisance or menace to public health and safety.
E.
Auto sales/service.
(1)
The minimum site area shall be two acres.
(2)
The site shall have frontage on and direct vehicular access
to an arterial road as defined by this chapter.
(3)
The dealer shall provide an indoor showroom for the new equipment
or vehicles.
(4)
Only vehicles in "showroom condition" may be displayed on the
property forward of the building setback line.
(5)
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
Planning Commission.
(6)
Any vehicle or equipment that fits the definitions of "junked
vehicle" or "abandoned vehicle," as defined in this chapter, is prohibited
on the premises.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
F.
Bakery/confectionary.
(1)
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.
(2)
Outdoor storage of materials shall not be permitted.
(3)
A delivery plan for the use shall be submitted for Council approval.
G.
Boardinghouse.
(1)
All off-street parking shall be provided on the lot.
(2)
Exterior lighting for parking areas shall be reduced to 50%
luminosity after 11:00 p.m.
(3)
Off-street parking shall be screened with an earth berm, landscaped
buffer yard, fence or wall within a minimum height of four feet and
a minimum opacity of 80%.
(4)
Building height and setbacks shall be consistent with surrounding
development.
(5)
All rooms available for boarding shall be located within the
lot's principal building.
(6)
Dumpsters 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 eight feet and a minimum opacity of 80%.
H.
Brewery/brew pub/taproom.
(1)
The establishment shall be located in accordance with the provisions
of the Pennsylvania Liquor Control Board.
(2)
The hours of operation and activities must be appropriately
scheduled to protect the existing neighborhood from detrimental noise,
disturbance or interruption.
(3)
The owner(s) and operator(s) of the establishment shall be responsible
for the conduct and safety of the patrons.
(4)
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.
I.
Building material yards or establishments.
(1)
All outdoor storage areas shall be screened from adjacent uses
in accordance with this article.
(2)
A delivery zone plan shall be submitted to demonstrate adequate
delivery and associated circulation areas do not conflict with existing
Borough development and circulation patterns.
(3)
Outdoor storage and sales shall be aligned and displayed in
an orderly fashion and shall not be permitted in a front yard.
J.
Clinic, small-scale.
(1)
The landowner and/or developer shall be required to prepare
and submit a traffic impact analysis of the proposed development.
Potential implementation strategies of necessary infrastructure and/or
safety improvements shall be identified in response to the analysis
findings.
L.
Community center.
(1)
A community center shall be designed in such a way that conforms
to surrounding lots and structures.
(2)
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 roadway's peak-hour volumes.
M.
Fuel/service station.
(1)
All minor repair work, vehicle washing, lubrication and installation
of parts and accessories shall be performed within an enclosed building.
(2)
All automobile parts, dismantled vehicles and similar materials
shall be stored within an enclosed building or totally screened from
view by a solid or privacy fence.
(3)
All vehicles awaiting repair shall be stored on site in approved
parking spaces and, under no circumstances, shall said vehicles be
stored on or obstruct access to a public right-of-way.
(4)
Canopies over gasoline pumps shall be subject to the requirements of Article VI of this chapter.
(5)
Gasoline pumps shall be located at least 30 feet from the edge
of the right-of-way of a public street.
(6)
All fuel, oil or similar substances shall be stored at least
25 feet from any property line.
(7)
All lighting shall be shielded and reflected away from adjacent
lots, streets and roadways.
N.
Group care facility.
(1)
The minimum area and bulk regulations for a group care facility
or personal care boarding home shall be the same as those required
for all uses in the zoning district in which the facility is located.
(2)
A group care facility or personal care boarding home shall have
direct vehicular access to an arterial or collector road as defined
by this chapter.
(3)
No group care facility or personal care boarding home shall
be established within 1,000 feet of another group care facility or
personal care boarding home.
(4)
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.
(5)
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
(6)
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.
(7)
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.
O.
Health/fitness club.
(1)
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.
(2)
Outdoor storage of materials shall not be permitted.
(3)
A delivery plan for the use shall be submitted for Council approval.
P.
High-rise residential.
(1)
Parking spaces shall be located no more than 300 feet from the
primary entrance.
(2)
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete or stone block paving material.
(3)
The means of a building's ingress and egress shall meet requirements
as outlined in the Borough's Building Code.
(4)
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.
(5)
All dumpsters and/or waste collection areas shall be located
on the interior of the structure.
(6)
The primary vehicular entrance to a high-rise apartment development
shall, at a minimum, have direct access to a collector road.
(7)
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
(8)
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.
(9)
Buffer yards between apartment development and any other adjacent
residential lot shall be increased by 10 feet in addition to the Borough's
required buffer yard width. Landscaping within this additional width
shall be provided according to spacing, quantity and type of plants
specified by the Borough Planning Commission.
(10)
Slopes shall be graded at a maximum of a three-foot horizontal
to one-foot vertical ratio.
(11)
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:
(a)
An additional ten-foot buffer yard 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:
1)
One and one-half times the required number of plants for screening
and buffering off-street parking and loading areas; or
2)
A mound, a minimum of 3.5 feet in height at its peak, shall
be constructed where the sides do not exceed a four-foot horizontal
to one-foot vertical 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.
Q.
Home occupation.
(1)
Home occupation shall be a permitted conditional use, subject
to the following minimum standards and criteria:
(a)
The home occupation shall be carried on wholly within the principal
or accessory structures.
(b)
No more than 15% of the gross floor area of the principal dwelling
and any accessory structures used shall be devoted to the conduct
of the home occupation.
(c)
Articles not produced on the premises shall not be sold on the
premises.
(d)
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.
(e)
Exterior displays or signs other than those permitted in Article VI of 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.
(f)
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.
(g)
The use shall not significantly intensify vehicular or pedestrian
traffic which is normal for the residences in the neighborhood.
(h)
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.
(i)
There shall be no use of materials or equipment except that
of similar power and type normally used in a residential dwelling
for domestic or household purposes.
(j)
The use shall not cause an increase in the use of water, sewage,
garbage, public safety or any other municipal services beyond that
which is normal for the residences in the neighborhood.
(k)
The use shall not cause a negative impact on lot values in the
immediate neighborhood.
(l)
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 on the
premises.
(2)
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:
(a)
Beauty shops or barber shops containing more than two chairs;
(b)
Clinics, hospitals or nursing homes;
(c)
Kennels, veterinary offices and clinics;
(d)
Mortuaries;
(e)
Private clubs;
(f)
Private instruction to more than three students at a time;
(g)
Restaurants or tearooms;
(h)
Stables;
(i)
Tourist or boarding homes;
(j)
Vehicle or equipment rental, repair or sales;
(k)
Vehicle repair garages, as defined by this chapter.
(3)
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:
R.
Hotel.
(1)
Dropoff/temporary parking areas shall remain free and clear
of obstructions for general safety and fire department access.
(2)
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.
(3)
Service of meals and/or beverages (alcoholic/nonalcoholic) must
be secondary to the principal use of room or suite rental.
(4)
Secondary eating establishments serving alcoholic beverages
or secondary bars or nightclubs must be licensed by the Pennsylvania
Liquor Control Board.
(5)
The owner(s)/operator(s) of a hotel/motel shall be responsible
for the conduct and safety of the renters and guests and shall be
available to respond to inquiries and promptly quell any disturbances
caused by renters or guests.
S.
Laundry and/or dry-cleaning plant.
T.
Manufacturing, processing, producing or fabricating operation.
(1)
All uses shall be conducted within a completely enclosed building
and shall create no external visible sign of the operation, such as
noise, smoke, vibration or other factors.
(2)
The approving body shall determine that such use will not create
detrimental impacts on the surrounding properties, taking into consideration
the probable traffic generation, hours of operation, and the emission
of odors, fumes, dust, noise, vibration and glaring light.
U.
Marina, docks, portals for water access.
(1)
Ingress and egress of the lot shall be approved by Council.
(2)
Outdoor storage of materials associated with maintenance shall
not be permitted.
(3)
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.
(4)
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.
V.
Motel.
(1)
Dropoff/temporary parking areas shall remain free and clear
of obstructions for general safety and fire department access.
(2)
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.
(3)
Service of meals and/or beverages (alcoholic/nonalcoholic) must
be secondary to the principal use of room or suite rental.
(4)
Secondary eating establishments serving alcoholic beverages
or secondary bars or nightclubs must be licensed by the Pennsylvania
Liquor Control Board.
(5)
The owner(s)/operator(s) of a hotel/motel shall be responsible
for the conduct and safety of the renters and guests and shall be
available to respond to inquiries and promptly quell any disturbances
caused by renters or guests.
W.
Mixed nonresidential/residential.
(1)
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 may 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.
X.
Municipal building.
(1)
All parking shall be located on the side or the rear of the
building and be in conformance with the parking regulations outlined
in this chapter.
(2)
The scale of the structure must reflect the structure styles
of the surrounding residential areas and conform to all bulk area
regulations as defined by this chapter.
Y.
Parking lot or facility, public.
(1)
If the parking facility is accessory to the principal use of
a lot, it shall be included in all building coverage calculations.
(2)
A parking facility shall be illuminated in conformance to the requirements of this chapter and any applicable provisions outlined in Chapter 22, Subdivision and Land Development.
(3)
A parking facility shall not be located any closer to a right-of-way
line or a property line than what is permitted by the building setbacks
defined in this chapter.
(4)
The perimeter of a parking garage/structure shall be landscaped
with a five-foot-wide buffer yard of evergreen plantings.
Z.
Place of assembly.
(1)
The minimum lot area shall be one acre.
(2)
A place of assembly'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.
(3)
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 roadway's peak-hour volumes. 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 the 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.
(4)
The number of points of ingress/egress shall be based upon projected
peak-hour traffic for the use and approved by the Borough Engineer
to ensure employee and visitor safety.
(5)
Hours of operation and events shall be scheduled to minimize
negative impacts on the surrounding neighborhood.
(6)
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 one footcandle.
(7)
For parking demands greater than 300 automobiles, additional
setbacks, screening and buffering of off-street parking and loading
areas may be required to be provided in order to protect the surrounding
neighborhood from inappropriate noise, dust, light and other disturbances.
AA.
Place of worship.
(1)
The minimum lot area shall be one acre.
(2)
A place of worship'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.
(3)
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 roadway's peak-hour volumes. 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 the 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.
(4)
The number of points of ingress/egress shall be based upon projected
peak-hour traffic for the use and approved by the Borough Engineer
to ensure employee and visitor safety.
(5)
Hours of operation and events shall be scheduled to minimize
negative impacts on the surrounding neighborhood.
(6)
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 one footcandle.
(7)
For parking demands greater than 300 automobiles, additional
setbacks, screening and buffering of off-street parking and loading
areas may be required to be provided in order to protect the surrounding
neighborhood from inappropriate noise, dust, light and other disturbances.
BB.
Mixed use, residential/nonresidential.
(1)
Dwellings shall be located on any floor except the main floor.
(2)
Entrance to all dwellings may be located on any floor except
the main floor.
(3)
To preserve historically established character of the commercial
district, non-retail-oriented uses shall only be located on a floor
not designated as the main floor of the principal building.
(4)
Any additional standards that are needed to protect public health,
safety and welfare or to address unique characteristics of a particular
site defined by the Borough Planning Commission and/or Council shall
be complied with by the landowner and/or developer.
CC.
Research and development establishment.
(1)
Any outdoor storage conducted on the lot shall comply with the
regulations for outdoor storage as defined in this chapter.
(2)
A research and development facility shall have one point of
ingress and egress to a public arterial or collector street.
(3)
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.
(4)
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.
DD.
Riverboat gambling.
(1)
If not located on the lot from which the use has direct access
to/from the water, parking shall be located on the lot immediately
adjacent to the point of land/water access.
EE.
Sexually oriented business or establishment.
(1)
The establishment shall not be located within 1,000 feet of
any lot that is zoned residential.
(2)
The establishment shall not be located within 500 feet of the
lot boundary of any existing school, day-care center, hospital, group
care facility, personal care boarding home, group home, public park
or playground, place of worship or establishment which is licensed
to serve and/or sell alcoholic beverages.
(3)
The establishment shall not be located within 500 feet of any
other existing or proposed adult-oriented business.
(4)
Persons or owners who intend to operate an adult-oriented business
shall obtain from the Borough a license to operate such an enterprise
pursuant to Borough ordinances and shall pay to the Borough an investigation
fee as may be set from time to time by resolution of the Borough Council.
In addition, such persons or owners shall supply to the Borough detailed
information regarding the ownership and financing of the proposed
business as required on the licensing application as required by Borough
ordinance. Applications for licensing can be obtained at the Borough
Planning Department and shall be filed with the Borough Zoning Officer.
The establishment shall be initially licensed when it has met the
requirements set forth in this chapter and Borough ordinance. The
license shall be valid through December 31 of the year in which the
license is initially issued. For each year thereafter that the business
intends to continue, the owner or operator shall seek an annual renewal
of the license. The application for renewal shall be submitted to
the Borough Zoning Officer by November 1 of the year preceding the
year for which the license renewal is sought. The lack of a license
or failure to renew such license in a timely fashion shall be grounds
for the Borough to deny or revoke an occupancy permit for an adult
business.
FF.
Single-family dwelling.
(1)
All open space associated with the development of single-family
dwellings shall be accessible to the public.
(2)
Parking shall be provided on the same lot upon which the dwelling
unit is located.
(3)
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 the 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.
GG.
Storage building for retail on premises.
(1)
The storage building shall be accessible both internally from
the retail business and externally.
(2)
The height of the storage building shall not exceed the height
of the structure in which the retail is located.
(3)
No outside storage shall be permitted and ventilation shall
be provided as part of the storage building to ensure no buildup of
heat, fumes and the like.
(4)
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.
(5)
A delivery plan for the use shall be submitted for Council approval.
HH.
Terminal facility.
(1)
A circulation plan shall be submitted as part of the application
and subject to Borough review to ensure safety of lot ingress and
egress.
II.
Townhouse.
(1)
Parking shall be provided on the same lot upon which the dwelling
unit is located.
(2)
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.
JJ.
Two-family dwelling.
(1)
Parking shall be provided on the same lot upon which the dwelling
unit is located.
(2)
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 the 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.
KK.
Wholesale business.
(1)
The building shall be substantially similar in design and appearance
to a retail sales operation.
(2)
The business shall not generate an unusually large volume of
truck traffic.
(3)
No manufacturing or major assembly of products shall occur on
the premises.
(4)
Areas associated with loading shall be screened with landscaping
or fencing from neighboring use(s).
