A.
All conditional uses shall be reviewed with the standards and criteria of § 330-1304 and the criteria listed in this article. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards as necessary to implement the purposes of this article and the Pennsylvania Municipalities Planning Code.
B.
The following general criteria shall be used in granting all conditional
uses:
(1)
Whether a new building or an adaptive reuse, the developer or
owner shall maintain the attributes of the historical nature of the
existing neighborhood, including but not limited to massing, building
heights, and exterior historic characteristic.
(2)
Parking areas shall be located, arranged, constructed and designed
to minimize the impact of vehicles and lighting on the right-of-way
and adjoining residential lots.
(3)
A traffic impact study acceptable to the Borough Engineer shall
be submitted where the proposed development will generate 100 trips
in addition to the adjacent roadways' peak-hour volumes according
to the Institute of Transportation Engineers (ITE) standard.
A.
B.
Bed-and-breakfast.
(1)
No more than one exterior sign shall be permitted on the premises.
(2)
Service of meals shall be limited to breakfast only to overnight
guests of the facility.
(3)
Overnight guests shall not occupy the facility for more than
14 consecutive nights in a thirty-day period.
(4)
The dwelling may not include a publicly accessible restaurant
as a related use.
(5)
Overnight lodging shall occur within individual sleeping rooms,
each of which is accessible from the interior of the principal structure
and does not contain cooking facilities.
(6)
New construction, alteration or reconstruction of any structure
shall also be governed by said chapter.
(7)
The owner of said use shall be a permanent resident on the site.
(8)
To protect the surrounding uses from detrimental noise, dust
and other disturbances, screening and buffering of parking areas and
outdoor common spaces equivalent to 120% of the base zoning standard
must be provided along any respective lot line shared with a residential
use.
C.
Boardinghouse.
(1)
No more than one exterior sign shall be permitted on the premises.
(2)
Overnight guests shall not occupy the facility for more than
three consecutive months in a twelve-month period.
(3)
To protect the surrounding uses from detrimental noise, dust
and other disturbances, screening and buffering of parking areas and
outdoor common spaces equivalent to 120% of the base zoning standard
must be provided along any respective lot line shared with a residential
use.
(4)
The owner of said use shall be a permanent resident on the site.
D.
Group care facility.
(1)
The applicant of said use shall file a detailed statement of
intent with the Borough Council describing the proposed use. The statement
shall identify how said use satisfies a demonstrated need and shall
be conducted in a responsible manner without detriment to the surrounding
lots and neighborhood.
(2)
Twenty-four-hour supervision of residents by a facility employee
approved by the Pennsylvania Department of Public Welfare shall be
required.
(3)
The minimum lot size shall be 1/2 acre.
E.
Group care home.
(1)
The applicant of said use shall file a detailed statement of
intent with the Borough Council describing the proposed use. The statement
shall identify how said use satisfies a demonstrated need and shall
be conducted in a responsible manner without detriment to the surrounding
lots and neighborhood.
(2)
Twenty-four-hour supervision of residents by a facility employee
approved by the Pennsylvania Department of Public Welfare shall be
required.
F.
Life care facility.
(1)
The minimum lot size shall be at least one acre.
(2)
A usable open space area of 100 square feet per bed shall be
provided exclusive of the front setback, buffer yards and parking
area.
(3)
The lot shall be served by frontage on a public street.
(4)
Off-street access and areas for discharging and picking up guests
shall be provided.
(5)
Maximum height of lighting for any outdoor parking area and/or
roadway shall be 20 feet from grade.
(6)
If the parking area adjoins a residential use or contains more
than 10 parking spaces, the following shall apply:
(a)
An additional ten-foot setback from the respective lot line
shall be provided along the parking lot's perimeter to minimize the
impact of inappropriate noise, dust, light and other disturbances
on adjacent residential property development.
[1]
One and one-half times the required number of plants for buffering
off-street parking and loading areas; or
[2]
A berm shall be installed along the parking area proposed adjacent
to the lot line shared with the residential use, a minimum of 3.5
feet in height at its peak, and the sides do not exceed a four-foot
horizontal to one-foot vertical change in elevation. The berm shall
be landscaped with plants that provide four seasons of vegetated cover,
not including turf grass.
(7)
The facility shall meet all state requirements for life care
or nursing/convalescent care facilities (or the defined equivalent)
in addition to those defined in this subsection.
G.
Multifamily – apartment.
(1)
An apartment's off-street parking area shall be located no more
than 200 feet from the building's principal pedestrian entrance.
(2)
If the parking area adjoins a residential lot or use or contains
more than 10 parking spaces, the following shall apply:
(a)
An additional ten-foot setback for the respective lot line shall
be provided along the parking lot's perimeter to minimize the impact
of inappropriate noise, dust, light and other disturbances on adjacent
residential development.
[1]
One and one-half times the required number of plants for screening
and buffering off-street parking and loading areas; or
[2]
A berm shall be installed along the parking area proposed adjacent
to the lot line shared with the residential use, a minimum of 3.5
feet in height at its peak, and the sides do not exceed a four-foot
horizontal to one-foot vertical change in elevation. The berm shall
be landscaped with plants that provide four seasons of vegetated cover,
not including turf grass.
(3)
For a use proposed to occupy an existing residential structure,
no exterior changes to the front facade(s) shall occur as part of
said reuse unless otherwise required by the Building Code.
H.
Personal care home.
(1)
Along any lot line shared with a residential use, screening
and buffering of parking areas and outdoor common spaces equivalent
to eight feet must be provided to protect the existing neighborhood
from inappropriate noise and other disturbances.
(2)
One-half off-street parking space for each nonstaff resident
and one off-street parking space for each staff resident shall be
provided. A minimum of two on-site parking spaces shall be paved.
(3)
Facility management and administration shall meet all federal,
state and local health, welfare, safety and fire protection standards,
including, but not limited to, standards established by the Pennsylvania
Department of Labor and Industry and standards defined in the building
and fire protection codes as adopted by the Borough as such standards
apply to a personal care home if such standards are applicable and
enforced.
(4)
The owner(s) and administrator(s) of a personal care home shall
be responsible for the conduct and safety of the occupants and shall
register with the police a manager or supervisor who at all times
shall be available to respond to inquiries and promptly quell any
disturbances caused by the occupants.
A.
Borough Council shall review and/or approve all nonresidential conditional
uses, subject to the following requirements.
B.
Automotive service station.
(1)
An automotive service station's hours of operation and activities
must be scheduled to protect the existing neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
Said hours shall be limited to 7:00 a.m. to 9:00 p.m., Monday through
Saturday.
(2)
The owner(s) and operator(s) of an automotive service station
shall provide the Zoning Officer and the Fire Chief notice of the
equipment, materials storage and processes used as part of the service
station activities.
C.
Beer store/distributor.
(1)
A plan for product delivery and off-street parking for patrons
shall be submitted and approved by the Borough to ensure conflicts
can be minimized between customers, deliveries and land uses.
(2)
Dumpster locations shall be designed and accessed so as to not
conflict with off-street parking areas.
(3)
The hours of operation shall be limited to 7:00 a.m. to 9:00
p.m.
(4)
Loading and unloading of all products shall occur on site.
D.
Billboard.
(1)
Number permitted: one per lot.
(2)
Minimum lot size: 6,000 square feet.
(3)
Minimum lot width: 60 feet.
(5)
Maximum height of billboard: 12 feet above the ground level
upon which the billboard is located or 12 feet above the elevation
of the center line of pavement of the closest adjacent public street
at the point nearest the sign.
(7)
No billboard shall be located within 500 feet of any other billboard.
(8)
Any electronic billboard shall not be externally illuminated.
(9)
A nonelectronic sign face that rotates to display multiple sign
face images shall be permitted, providing that each image is displayed
for at least 30 consecutive seconds every time it is shown.
(10)
Lettering and other images on the billboard shall be displayed
for at least 30 consecutive seconds every time it is shown.
(11)
Landscaping requirements.
(a)
Height of landscaping shall be measured from grade.
(b)
A five-foot-deep landscaped strip of native plants measuring
at least 1/2 the height of the billboard's supporting structure shall
be located immediately adjoining the supporting structure of the billboard
in all directions.
(c)
The rear side of a single-faced billboard shall be of one color
and screened by existing or otherwise new native evergreen species
at least six feet tall.
E.
Business office.
(1)
No business office shall be located in a building's basement,
first- and/or ground-floor levels when situated within the Village
Overlay.
(2)
Unless shared parking is approved by Borough Council, a business
office's off-street parking area shall be located no more than 700
feet from its principal entrance.
F.
Communications tower.
(1)
A telecommunications tower more than 12 feet in height or that
is not mounted to an existing structure is only permitted as a conditional
use in designated zoning districts.
(2)
Ground transformer, generator and related ground equipment are
permitted on the same lot as said tower but ancillary uses such as
business office, vehicular storage and maintenance buildings are prohibited
unless otherwise permitted in said zoning district.
(3)
The height of any antenna on said tower shall not exceed the
height of the structure by more than 12 feet. If the antenna is to
be mounted on an existing tower, a permit shall not be required.
(4)
The owner of the communications tower must demonstrate by competent
expert testimony and submitted, signed and sealed statement that the
location of the tower (or antenna, whatever the case may be) is necessary
to prevent a gap in reasonable and acceptable transmission or reception
service under prevailing industry standards.
(5)
For all new tower installations.
(a)
It is required to demonstrate that it contacted the owners of
tall structures within a one-mile radius of the lot proposed, asked
for permission to install the antenna on those structures and was
denied for reasons other than economic ones. This would include smokestacks,
water towers, tall buildings, antenna support structures of other
communications phone companies, other communications (fire, police,
etc.), and other tall structures. The Borough may deny the application
to construct a new tower if the applicant has not made a good faith
effort to mount the antenna on an existing structure.
(6)
Tower height.
(a)
The applicant shall submit justification that the proposed tower
does not exceed the minimum height required to function according
to reasonably acceptable industry standards. Industry standards shall
be submitted as part of the conditional use application. The height
of the tower shall be determined by the distance from grade to top
of the support tower.
(7)
Tower setbacks.
(a)
If a new communications tower support structure is constructed,
the minimum distance between the base of the support structure and
any lot line or street right-of-way shall be 115% of the tower's height,
but in no case less than 30 feet. Associated supports and guide wires
shall not be located within the required setbacks.
(8)
The communications tower must be erected to comply with manufacturer's
requirements and accepted engineering standards, and the applicant
must submit certification by a duly licensed engineer, competent in
the field, that the tower is structurally sound for the purposes intended.
The communications tower shall be securely anchored in a fixed location
on the ground, and the applicant shall provide qualified documentary
evidence that the proposed structure will withstand wind, snow, ice
and other natural forces. The applicant shall also demonstrate that
the proposed tower and support structure are safe and that adequate
clear area, according to industry standards, is available in case
of support structure failure, radio frequency, falling ice or other
debris. The communications tower shall meet radio emission standards
adopted by the FCC. All of the foregoing shall be certified by a duly
licensed engineer, competent in the field, and by an expert competent
in radio emission standards.
(9)
The communications tower or the yard area containing the communications
tower shall be protected and secured to guarantee the safety of the
general public. Fencing shall consist of galvanized chain link, eight
feet in height, and installation of anti-climbing safety devices will
be required at a minimum to demonstrate compliance with this chapter.
(10)
The applicant shall submit a site plan or survey of the lot
certified by an engineer or architect.
(11)
Only one communications tower shall be permitted per lot.
(12)
The applicant shall have the burden of proof to demonstrate
a high degree of probability that the placement and use of the tower
will not endanger the health, safety and welfare of the public.
(13)
The applicant will provide, at the Borough's request, copies
of FCC licenses for all users of the facility. Conditional use approval
is contingent upon the maintenance of FCC licenses for all users.
Any grant of conditional use hereunder will automatically expire if
said license ever expires.
(14)
Communications tower owners shall be responsible for removing
all antennas whose licenses have expired. Removal of the tower shall
occur within six months following the expiration date of the license(s).
Such activity shall be subject to bonding as defined by the Borough.
(15)
Landscaping. Outside of the required fencing, a landscaping
screen of evergreen trees planted 10 feet on center and a minimum
six feet in height shall be required on all sides of said fencing
except where an opening/accessway exists.
(16)
In order to reduce the number of antenna support structures
needed in the community in the future, the proposed support structure
shall be required to accommodate other users, including other cellular
phone companies, and police, fire and ambulance companies and other
public and emergency management entities. The applicant, its successor(s)
or assign(s) shall file written certification that said requirements
will be complied with and agrees that, if the applicant fails to do
so, the conditional use shall become null and void.
(17)
Communications tower and support structures less than 200 feet
in height should be painted silver or have a galvanized finish retained
in order to reduce the visual impact. Where a communications tower
and support structure are located within an existing woodland setting,
the communications tower and support structure shall be painted dark
green.
(18)
Additional standards. In addition to the foregoing, the following
standards shall also apply to communications towers and the applications
for conditional use:
(a)
Inspection. The Borough Council may require periodic inspections
of communications towers to ensure structural integrity. Such inspections
may be required by owners as follows:
(b)
Inspections shall be conducted by an Engineer licensed by the
Commonwealth of Pennsylvania. The result of such inspections shall
be provided to the Borough. Based upon results of an inspection, the
Borough may require repair or removal of a communications tower.
(c)
Equipment in a transmission facility shall be automated to the
greatest extent possible to reduce traffic and congestion. The applicant
shall provide a written statement describing anticipated maintenance
needs, including frequency of service, personnel needs, equipment
needs and traffic, noise or safety impact of such maintenance. Where
the lot abuts or has access to a collector and local street, access
for maintenance vehicles shall be exclusively the means of the collector
street. A surfaced and maintained driveway with parking inside the
fence boundaries must also be constructed.
(d)
When lighting is required and permitted by the FAA or other
federal or state authority, it shall be oriented inward so as not
to project onto a surrounding lot.
(e)
Review letters from Allegheny County and/or the FAA shall be
submitted that determine any flight path hazards, prior to the site
plan approval.
(f)
Applicants will be required to execute a developer's agreement
with the Borough Council in a form acceptable to the Borough Solicitor.
Such agreement may be subject to bonding as defined by the Borough.
G.
Commercial school.
(1)
Hours of operation shall be 7:00 a.m. to 9:00 p.m.
(2)
All instruction associated with a commercial school shall be
conducted indoors.
(3)
A site plan acceptable to the Borough Engineer shall be submitted
to demonstrate that adequate delivery and associated circulation areas
do not conflict with Borough development and circulation patterns
or affect the health and safety of the community.
(4)
The 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.
H.
Community agriculture.
(1)
A use less than 100 square feet shall be exempt from these provisions.
(2)
Community agriculture-related roofed buildings shall be located
a minimum of 20 feet from any lot line.
(3)
Community agriculture-related nonroofed structures, such as,
but not limited to, raised-bed gardens or composting bins shall be
located a minimum of six feet from any lot line.
(4)
Open-air composting piles shall be prohibited.
(5)
As regulated by Article XI, Performance Standards, no offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced. The impacts of traffic and environmental conditions shall also be considered as part of the Borough's evaluation.
(6)
At a minimum, a fence or hedge four feet in height shall be
placed either on the side and rear lot lines or within the side and
rear yards, if desired.
(8)
Any new operation as part of an existing agricultural operation
shall not be approved by the Borough until an erosion and sedimentation
control plan has been prepared and found satisfactory by the Allegheny
County Conservation District, if said plan is equal to or greater
than 11,000 square feet.
(9)
No retail sales or the raising of poultry shall be permitted
to occur on the lot where community agriculture occurs.
I.
Essential services.
(1)
The applicant shall demonstrate that co-location of proposed
and existing facilities is not feasible from a safety and health standpoint.
J.
Financial services with drive-through.
(1)
No drive-through window, customer automated teller machine (ATM),
or the like shall be located in a front yard.
(2)
The drive-through shall have direct access to a public right-of-way.
(3)
A minimum of three stacking spaces shall be provided for each
drive-through lane.
(4)
Stacking shall not interfere with the normal traffic flow within
the lot nor shall it cause the stopping of vehicles on any public
right-of-way.
K.
Funeral home.
(1)
There shall be no crematory or receiving vaults, nor any external
display of merchandise on the premises.
(2)
One off-street loading space shall be provided for every 10,000
square feet of GFA.
(3)
No loading and unloading of merchandise and cadavers shall occur,
under any circumstances, on public property or shall be visible from
the public right-of-way.
(4)
An occupancy or building permit shall not be issued unless they
are filed with the written consent of 60% of the residential lot owners
within 200 feet of the proposed structure. Lot(s) owned by the applicant
shall not be included in such consents.
L.
Hotel.
(1)
The maximum number of rental rooms or suites permitted in any
one hotel is 150.
(2)
If provided, whether for customers of the hotel or the general
public, service of meals and/or beverages (alcoholic and nonalcoholic)
must be secondary to the principal use of hotel guest suite/room rental.
(3)
Accessory eating establishments serving alcoholic beverages
or secondary taverns must be licensed by the Pennsylvania State Liquor
Control Board.
(4)
To protect the surrounding uses from detrimental noise, dust
and other disturbances, screening and buffering of parking areas and
outdoor common spaces equivalent to 120% of the base zoning standard
must be provided along any respective lot line shared with a residential
use.
(5)
Rental of rooms or suites shall not be based on an hourly rate
but shall be based upon a per night rate.
(6)
Off-street loading spaces shall be designed to accommodate vehicles
without the need for maneuvering within public rights-of-way.
(7)
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.
(8)
The owner(s) and operator(s) of a hotel shall be responsible
for the conduct and safety of the renters or guests and shall be available
to respond to inquiries and promptly quell any disturbances caused
by the renters or guests.
M.
Medical/dental clinic.
(1)
No medical and dental offices shall be located in a building's
basement, first- and/or ground-floor levels when situated within the
Village Overlay.
(2)
All off-street parking spaces must be within 700 feet of said
use.
(3)
A site plan acceptable to the Borough Engineer shall be submitted
to demonstrate that adequate delivery and associated circulation areas
do not conflict with existing Borough development and circulation
patterns.
N.
Medical/dental office.
(1)
No medical and dental offices shall be located in a building's
basement, first- and/or ground-floor levels when situated within the
Village Overlay.
(2)
All off-street parking spaces must be within 700 feet of the
main entrance of the office building.
(3)
A site plan acceptable to the Borough Engineer shall be submitted
to demonstrate that adequate delivery and associated circulation areas
do not conflict with Borough development and circulation patterns
or affect the health and safety of the community.
O.
Mixed use.
(1)
If residential dwelling units are constructed in conjunction
with a nonresidential use, the residential land use shall not be located
on the first floor.
(2)
Each residential dwelling unit shall have separate access from
any other use or unit either through an internal hallway or directly
to the outside.
(3)
Residential dwelling units shall be supplied with dedicated parking stalls as required by Article X, Off-Street Parking and Loading, and shall not share spaces with other uses. Parking for residential uses shall not be further than 200 feet from primary entrance of the dwelling units; parking for nonresidential uses shall not be further than 700 feet from primary entrance of the dwelling units.
P.
Motel.
(1)
The maximum number of rental rooms or suites permitted in any
one motel is 75.
(2)
If provided, whether for customers of the motel or the general
public, service of meals and/or beverages (alcoholic and nonalcoholic)
must be secondary to the principal use of the room or suite rental.
(3)
To protect the surrounding uses from detrimental noise, dust
and other disturbances, screening and buffering of parking areas and
outdoor common spaces equivalent to 120% of the base zoning standard
must be provided along any respective lot line shared with a residential
use.
(4)
Rental of rooms or suites shall not be based on an hourly rate
but shall be based upon a per night rate.
(5)
Off-street loading spaces shall be large enough to accommodate
the type of vehicles that will serve the motel without the need for
maneuvering within public rights-of-way.
(6)
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.
(7)
Outdoor swimming pools shall be completely surrounded by a fence,
designed to prevent unauthorized access, a minimum of five feet in
height with self-closing, self-latching gates. Said fence shall maintain
a minimum distance of 10 feet from the edge of the pool.
(8)
A hedge shall also be provided around the perimeter of said
pool fencing and shall be designed to grow to a minimum of 3.5 feet
in height within one year of planting. Hedge material shall be of
the type and variety and planted close enough to each other in order
to provide one continuous barrier within two years of planting.
(9)
The owner(s) and operator(s) of a motel shall be responsible
for the conduct and safety of the renters or guests and shall be available
to respond to inquiries and promptly quell any disturbances caused
by the renters or guests.
Q.
Museum/cultural center.
(1)
The 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.
(2)
The points of ingress/egress shall be located in a manner that
minimizes detrimental traffic impacts (both pedestrian and vehicular)
on the surrounding neighborhood.
(3)
A nonprofit institution may utilize a portion of the first or
ground floor of a building in the Village Overlay for office or administrative
needs, so long as:
[Added 4-21-2014 by Ord.
No. 1317]
R.
Off-street parking, private.
(1)
To protect the surrounding uses from detrimental noise, dust
and other disturbances, screening and buffering of parking areas and
outdoor common spaces equivalent to 120% of the base zoning standard
must be provided along any respective lot line shared with a residential
use.
(2)
Private off-street parking shall not be the principal use of
any lot in the VO District.
S.
Off-street parking, public.
(1)
The area shall meet all setbacks and be sufficiently screened
and buffered from adjacent uses. Along any lot line shared with a
residential use, screening and buffering of parking areas and outdoor
common spaces equivalent to 120% of the base zoning standard must
be provided.
T.
Pharmacy with drive-through.
(1)
No drive-through window or the like shall be located in a front
yard.
(2)
The drive-through shall have direct access to a public right-of-way.
(3)
A minimum of three stacking spaces shall be provided for each
drive-through lane.
U.
Private club.
(1)
To protect the surrounding uses from detrimental noise, dust
and other disturbances, screening and buffering of parking areas and
outdoor common spaces equivalent to 120% of the base zoning standard
must be provided along any respective lot line shared with a residential
use.
(2)
A private club may operate between 7:00 a.m. and 11:00 p.m.
to protect the existing neighborhood from detrimental noise, disturbance
or interruption.
(3)
The owner(s) and operator(s) of a private membership club shall
be responsible for the conduct and safety of the members or guests
and shall be available to respond to inquiries and promptly quell
any disturbances caused by the members or guests.
V.
Professional office.
(1)
No professional office shall be located in a building's basement,
first- and/or ground-floor levels when situated within the Village
Overlay.
(2)
Off-street parking shall be provided in accordance with the provisions of Article X, Off-Street Parking and Loading. Parking shall be located no more than 700 feet from said use.
(3)
Buffering of parking and loading areas shall be provided in
accordance with this chapter.
(4)
A site 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.
W.
Public utility facility.
(1)
The principal building shall be located not less than 50 feet
from the street line.
(2)
Sufficient setback, screening and buffering of off-street parking
and loading areas or outdoor service and storage spaces must be provided
to protect the existing neighborhood from inappropriate noise, dust,
odor, vibration, light or other disturbance or interruption. If the
parking, loading, outdoor service or storage areas are adjacent to
a residential use, the following shall apply:
(a)
One and one-half times the required number of plants for screening
and buffering of off-street parking and loading areas; or
(b)
A berm shall be installed along the parking area proposed adjacent
to the lot line shared with the residential use, a minimum of 3.5
feet in height at its peak, and the sides do not exceed a four-foot
horizontal to one-foot vertical change in elevation. The berm shall
be landscaped with plants that provide four seasons of vegetated cover,
not including turf grass.
(3)
No storage or transfer of toxic, corrosive, flammable, carcinogenic
or explosive materials, chemicals, liquids, gases or solids is permitted.
In addition, the owner(s) and operator(s) of a public utility facility
shall provide the Zoning Officer and the Fire Chief notice of the
type, quantity and storage on the premises, as well as the equipment,
materials and processes used as part of the activities, by including
such information as part of any land development application or any
permit application for new construction.
X.
Public works facility.
(1)
The principal building shall be located a minimum of 20 feet
from the street line.
(2)
To protect the surrounding uses from detrimental noise, dust
and other disturbances, screening and buffering of parking areas and
outdoor common spaces equivalent to 120% of the base zoning standard
must be provided along any respective lot line shared with a residential
use.
(3)
The storage of Borough owned vehicles shall only be permitted
within areas for off-street parking.
Y.
Recreation facility, commercial or not-for-profit private.
(1)
These provisions shall apply to both indoor and outdoor facilities.
(2)
To protect the surrounding uses from detrimental noise, dust
and other disturbances, screening and buffering of parking areas and
outdoor common spaces equivalent to 120% of the base zoning standard
must be provided along any respective lot line shared with a residential
use.
(3)
If the parking area is adjacent to a residential use or any
parking areas contain more than 10 automobiles, the following shall
apply:
(a)
An additional ten-foot setback for the respective lot line shall
be provided along the parking lot's perimeter to minimize the impact
of inappropriate noise, dust, light and other disturbances on adjacent
residential development.
[1]
One and one-half times the required number of plants for screening
and buffering off-street parking and loading areas; or
[2]
A berm shall be installed along the parking area proposed adjacent
to the lot line shared with the residential use, a minimum of 3.5
feet in height at its peak, and the sides do not exceed a four-foot
horizontal to one-foot vertical change in elevation. The berm shall
be landscaped with plants that provide four seasons of vegetated cover,
not including turf grass.
(4)
Any activity not included within a fully enclosed structure
shall have hours of operation limited to 7:00 a.m. to 9:00 p.m. Monday
through Saturday.
Z.
Restaurant, sit-down, with drive-through.
(1)
No drive-through window or the like shall be located in a front
yard.
(2)
The drive-through shall have direct access to a public right-of-way.
(3)
A minimum of three stacking spaces shall be provided for each
drive-through lane.
(4)
Stacking shall not interfere with the normal traffic flow within
the lot nor shall it cause the stopping of vehicles on any public
right-of-way.
AA.
Tavern/bar/pub.
(1)
A tavern, bar or pub shall comply with the minimum distance
separation requirements as defined by the Pennsylvania State Liquor
Control Board (PA LCB).
(2)
The owner(s) and operator(s) of a tavern/bar/pub shall be responsible
for the conduct and safety of the patrons and shall be available to
respond to inquiries and promptly quell any disturbances caused by
the patrons.
BB.
Theater.
(1)
The landowner and/or developer shall demonstrate that the primary
visitor dropoff and pickup area is located in a manner that does not
cause undue traffic impacts (both pedestrian and vehicular) on the
surrounding neighborhood.
(2)
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 lot owner
and/or developer.
DD.
All other uses. A use not expressly listed within Table 3[3] of Article IV may be considered for a conditional use application in the Industrial District, upon the applicant's demonstration that the proposed use:
(1)
Impacts the neighborhood and adjacent streets, circulation and
lots equal to or less than any use specifically listed in the zoning
district. In making such determination, the following characteristics
shall be considered:
(a)
The number of employees.
(b)
The floor area of the building, gross area of the lot and/or
scale of development 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.
(f)
The hours of operation.
(g)
The extent of pervious and impervious surfaces in relationship
to that currently present on adjacent lots and the overall block in
which development, infill, reuse and/or redevelopment is proposed.
(h)
Elevations and site plans must be provided with the application.
(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 adopted ASO Joint 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 and is in compliance with all other standards
of this chapter and all other applicable Borough ordinances.
[3]
Editor's Note: Table 3 is included as an attachment to this chapter.
