Applications for conditional uses, when listed as permissible
by the chapter, shall be approved or denied by Borough Council in
accordance with the standards and criteria of this article.
A.
Application content. Applications for conditional uses shall be submitted
to the Zoning Officer in the form prescribed by the Borough. An application
shall not be considered complete and ready for Borough review until
all required materials are submitted to the Zoning Officer.
B.
Review procedure. The Zoning Officer shall forward the application
to the Planning Commission for review. The Planning Commission shall
submit its comments, in writing, to Council within 30 days. Borough
Council shall act to approve or deny the application within 90 days
of its filing by the applicant. Council shall hold a public hearing
on the application and give public notice thereof. Within 30 days
of Council's approval or denial of the application, Council shall
provide the applicant with a written decision, identifying the reasons
for its determination and making reference to the facts, ordinance
provisions, rules, or regulations upon which the decision is based.
In approving an application, Council may impose reasonable conditions
and safeguards which it determines necessary to accomplish the objectives
of this chapter. Where Council fails to render a decision within the
ninety-day period, the application shall be deemed to be approved,
unless an extension of time has been agreed to by the applicant.
C.
Revocation of approval. The approval of a conditional use application
shall be valid for a period of 12 months from date of approval. If,
within this period, the building permit has not been applied for and
construction/development begun, then the conditional use approval
shall be revoked, and the applicant must reapply for conditional use
approval. One extension of up to six months may be granted by the
Zoning Officer where the applicant can show good cause for the delay.
(1)
The proposed use complies with all applicable provisions and requirements
for that type of use contained in this chapter, unless a variance
to any provision has been granted by the Zoning Hearing Board, and
with other applicable Borough, county and commonwealth and federal
ordinances, laws and regulations.
(2)
The proposed use is compatible with the surrounding land uses. It
does not have a negative impact on the existing neighborhood or development
in terms of air and water quality, noise, illumination and glare;
restrictions to natural light and air circulation; or other hazardous
conditions that could endanger surround residents or impair the use
of surrounding properties.
(3)
The proposed site for the conditional use is suitable in terms of
geology, topography and size, based on number of projected users and
the frequency of use of the proposed use.
(4)
The proposed use and site provides for safe, adequate vehicular and
pedestrian access. It has access from a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion or hazardous conditions on adjacent streets.
The use provides for safe, efficient internal circulation and sufficient
off-street parking and loading.
(5)
The proposed use complies with all applicable standards and requirements
for providing sanitary sewage disposal, water supply, storm drainage,
and solid and toxic waste storage and disposal.
(6)
The proposed use provides screening or buffer areas as required by
this chapter.
(7)
The proposed use conforms to the scale, character and exterior appearance
of existing structures and uses in the neighborhood in which it is
located.
Before approving a conditional use application, Council shall
determine that the proposed use will not alter the established character
and use of the neighborhood or district in which it is located, and
that it will not substantially impair the use of development of adjacent
properties. Council shall use the following general standards in it
evaluation. These standards shall be in addition to any other requirements
in this chapter for a specific type of use or development.
A.
The proposed use complies with all applicable provisions and requirements
for that type of use contained in this chapter, unless a variance
to any provision has been granted by the Zoning Hearing Board, and
with other applicable Borough, county and commonwealth and federal
ordinances, laws and regulations.
B.
The proposed use is compatible with the surrounding land uses. It
does not have a negative impact on the existing neighborhood or development
in terms of air and water quality, noise, illumination and glare;
restrictions to natural light and air circulation; or other hazardous
conditions that could endanger surrounding residents or impair the
use of surrounding properties.
C.
The proposed site for the conditional use is suitable in terms of
geology, topography and size, based on number of projected users and
the frequency of use of the proposed use.
D.
The proposed use and site provides for safe, adequate vehicular and
pedestrian access. It has access from street capable of handling the
traffic generated by the proposed use, and it will not result in undue
traffic congestion or hazardous conditions on adjacent streets. The
use provides for safe, efficient internal circulation and sufficient
off-street parking and loading.
E.
The proposed use complies with all applicable standards and requirements
for providing sanitary sewage disposal, water supply, storm drainage,
solid and toxic waste storage and disposal.
F.
The proposed use provides screening or buffer areas as required by
this chapter.
G.
The proposed use conforms to the scale, character and exterior appearance
of existing structures and uses in the neighborhood in which it is
located.
For the types of uses identified in this section, Council shall
also determine that the proposed use complies with these additional
standards:
A.
Group residences, boarding homes, nursing homes, and industrial facilities.
(1)
Group residences, boarding homes, nursing homes, and institutional
facilities are allowed as conditional uses only in the zoning districts
listed in this chapter.
(2)
In order to prevent the concentration of such uses in a neighborhood
and to avoid impacting existing residences, no group residence, boarding
home, nursing home, or institutional facility may be located within
the same block or within 1,200 feet, whichever is more, of another
group residence, boarding home, nursing home, or institutional facility.
(3)
The number of off-street parking spaces required for a group residence, boarding home, nursing home, or institutional facility shall be as provided in § 490-23 of this chapter.
(4)
Area and bulk requirements shall be as prescribed for the district
where the property is located, unless otherwise stated in this chapter.
In the case of a group residence or boarding home, Borough Council
may reduce these dimensions when such use is to be located in an existing
structure.
(5)
Change of ownership or sponsorship or of any other condition contained
in the original approval of the group residence, boarding/institutional
facility, or nursing home shall constitute a new use, and the procedure
for obtaining conditional use approval of a new facility shall be
executed.
(6)
The operator of the group residence, boarding home, institutional
facility, or nursing home shall obtain any required licenses or certifications
from the appropriate commonwealth or county agency prior to the conditional
use approval. In no case shall an occupancy permit be granted for
the facility until proof of such licenses or certifications has been
filed with the Borough.
B.
Day-care facilities.
C.
Multifamily dwellings.
(1)
All dwellings shall provide off-street parking in compliance with this chapter, and parking areas, regardless of the number of cars, shall be screened as prescribed by § 490-23 of this chapter.
(2)
Access drives to the development shall be at least 18 feet in width
and shall be located at least 20 feet from all intersections. Access
drives and parking areas shall be paved and curbed.
(3)
All public utility installations shall enter the property and be
maintained underground.
(4)
Where service or parking access is provided in whole or in part via
an alley, such alley shall be improved with a paved surface in accordance
with Borough requirements.
(5)
All areas of the property not occupied by buildings or paved areas
shall be landscaped as approved by the Planning Commission and maintained
by the property owner.
(6)
No dwelling unit shall contain less than 600 square feet of floor
area, and each unit shall include separate kitchen and bath facilities.
D.
Residential conversions.
(1)
All dwellings shall provide off-street parking in compliance with this chapter, and parking areas, regardless of the number of cars, shall be screened as prescribed by § 490-23 of this chapter.
(2)
Where service or parking access is provided in whole or in part via
an alley, such alley shall be improved with a paved surface in accordance
with Borough requirements.
(3)
No dwelling unit shall be located in a basement or cellar which is
wholly below grade.
(4)
The conversion shall not result in making the structure nonconforming
as to lot area and dimensional requirements for the district in which
it is located.
E.
Business conversions.
(1)
All access drives and parking areas shall be paved and curbed.
(2)
Where service or parking access is provided in whole or in part via
an alley, such alley shall be improved with a paved surface in accordance
with Borough requirements.
(3)
All areas of the property not occupied by buildings or paved areas
shall be landscaped as approved by the Planning Commission and maintained
by the property owner.
(4)
One off-street parking space shall be required for every 200 square
feet of ground-floor area.
(5)
Parking areas shall be arranged so that traffic will not be required
to back onto Pittsburgh Street.
(6)
All off-street parking spaces shall be screened on all sides by a
buffer area comprised entirely of evergreen plantings in a form acceptable
to the Planning Commission. Screening of parking spaces shall not
obstruct visibility for traffic entering or leaving the parking lot.
F.
Tourist homes and rooming houses.
(1)
All dwellings shall provide off-street parking in compliance with this chapter, and parking areas, regardless of the number of cars, shall be screened as prescribed by § 490-23 of this chapter.
(2)
Where service or parking access is provided in whole or in part via
an alley, such alley shall be improved with a paved surface in accordance
with Borough requirements.
(3)
No dwelling unit shall be located in a basement or cellar which is
wholly below grade.
(4)
The conversion shall not result in making the structure nonconforming
as to lot area and dimensional requirements for the district in which
it is located.
G.
Gasoline service stations, automotive repair facilities and car washes.
(1)
All storage of gasoline and other flammable liquid shall occur in
well-vented tanks below grade, except for storage of minor supplies
in container no larger than five gallons' capacity. Storage facilities
shall be maintained according to applicable requirements of Borough,
county, commonwealth laws and federal laws.
(2)
Access to the property shall be limited to two drives, each no more
than 35 feet in width. Access driveways to the service station shall
be at least 40 feet from the intersection of any public streets, measured
from the intersecting street right-of-way lines and the nearest edge
of the access drives.
(3)
Fuel pumps, air towers and water outlets may be located outside an
enclosed building, provided that these facilities are located within
the required setback lines for the zoning district.
(4)
All automotive repairs conducted after 6:00 p.m. must be conducted
entirely within an enclosed building.
(5)
All automobile parts and supplies shall be stored within a building,
except that automotive supplies may be displayed for sale at the fuel
pump and at a distance no greater that five feet from the pumps.
(6)
All refuse shall be stored in compliance with the Borough and county
fire codes and other applicable laws.
(7)
No vehicle shall be parked or stored on a public right-of-way or
property at any time. Vehicles awaiting repairs may not be parked
or stored on the premises for more than one week, except in a building
or within an area enclosed by a solid fence of at least six feet in
height.
(8)
The facility must be screened from all adjoining properties by a
fence, wall or planted screen of at least six feet in height in a
form acceptable to the Planning Commission. Screening shall not affect
visibility for traffic entering or leaving the facility.
(9)
The entire surface shall be paved with a permanent all-weather surface
edged with a curb, excluding required landscaped areas.
H.
Motor vehicle, mobile home and boat sales and service facilities.
(1)
Sales or service of heavy commercial vehicles, heavy construction
equipment or similar items shall not be permitted.
(2)
A permanent structure for office use shall be built or have been
built on the property before the business opens. Structures shall
comply with the applicable area and dimensional requirements of the
zoning district. No structure or outdoor display area shall be located
within 10 feet of any street right-of-way.
(3)
Display areas shall be paved with a permanent all-weather surface,
and areas not utilized for display shall be landscaped. No outdoor
accumulation of discarded or damaged materials shall be permitted.
(4)
Any lighting for the outdoor retail area shall be from an indirect
source, which shall not be visible from adjacent streets or properties.
I.
Amusement arcades.
(1)
No amusement arcade, as defined by this chapter, shall be located
with 500 feet of a public or private school, public building or fire
station, church, public recreation area, or establishment licensed
or supervised by the Pennsylvania Liquor Control Board.
(2)
The proposed facility shall comply with all provisions providing
for the regulation and licensing of arcades.
J.
Sexually oriented business.
[Added 1-27-2015 by Ord.
No. 1238]
(1)
A sexually oriented business shall be located at a minimum of 1,000
feet from another sexually oriented business within the Borough. For
purposes of this section, the distance between any two sexually oriented
businesses shall be measured in a straight line, without regard to
intervening structures or objects, from the closest exterior wall
of the structure in which each business is located.
(2)
A sexually oriented business shall be located at a minimum of 1,000
feet from any of the following, including a church; public or private
pre-elementary, elementary, or secondary school; a public library;
a child care facility or nursery school; and a public park adjacent
to any residential district with the Borough. For the purpose of this
section, measurement shall be made in a straight line, without regard
to intervening structure or objects, from the nearest portion of the
building or structure used as a part of the premises where a sexually
oriented business is conducted to the nearest property line of the
premises of a church, public or private pre-elementary, elementary,
or secondary school, public library, child care facility, or nursery
school; or to the nearest boundary of an affected public park.
(3)
A sexually oriented business shall secure a permit as outlined below:
(a)
Permit required.
[1]
Any person who operates a sexually oriented business without
a valid permit issued by the Borough is guilty of a violation of this
chapter.
[2]
An application for a permit to operate a sexually oriented business
must be made on a form provided by the Zoning Officer. The application
must be accompanied by a sketch or diagram showing the floor plan
and plot plan configuration of the premises, including a statement
of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared, but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six inches.
[3]
The applicant must be qualified according to the provisions
of this section, and the premises must be inspected and found to be
in compliance with applicable laws or ordinances by the Zoning Officer,
the Building Official and the Fire Official.
[4]
If a person who wishes to operate a sexually oriented business
is an individual, that person must sign the application for a permit
as applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has a 10%
or greater interest in the business must sign the application for
a permit as applicant. If a corporation is listed as owner of a sexually
oriented business as the entity which wishes to operate such a business,
each individual having a direct or indirect interest of 10% or greater
in the corporation must sign the application for a permit as applicant.
[5]
The fact a person possesses other types of Borough permits does
not exempt the person from the requirement of obtaining a sexually
oriented business permit.
(b)
Issuance of permit:
[1]
The Zoning Officer shall notify the applicant within 30 days
after receipt of an application that the Zoning Official intends to
approve or disapprove the application. The Zoning Official shall notify
the applicant of an intent to disapprove the application only if one
or more of the following is found to be true:
[a]
Any individual set forth on the application that
is under 18 years of age.
[b]
An application or any applicant's spouse is
overdue in the payment to the Borough of taxes, fees, fines or penalties
assessed against him or her in relation to a sexually oriented business.
[c]
An applicant has provided false or misleading information
on the application form or has failed to provide a complete application.
[d]
An applicant is residing with a person who has
been denied a permit by the Borough to operate a sexually oriented
business within the preceding 12 months, or residing with a person
whose license to operate a sexually oriented business has been revoked
within the preceding 12 months.
[e]
The premises to be used for the sexually oriented
business has been disapproved by the Zoning Officer, the Building
Official and/or the Fire Official as not being in compliance with
applicable laws and ordinances.
[f]
The permit fee required by this chapter has not
been paid.
[g]
An applicant of the proposed establishment is in
violation of or is not in compliance with any of the provision of
this chapter.
[h]
An individual applicant or any individual holding
a direct or indirect interest of more than 10% of a corporate applicant,
or any of the officers and directors of a corporate applicant, if
the applicant is a corporation; or any of the partners, including
limited partners, if the application is a partnership; or the manager
or other person in charge of the operation of the applicant's
business has or have been convicted of any offense involving sexual
misconduct within the Commonwealth of Pennsylvania, including, but
not limited to, prostitution, obscenity and possession of child pornography,
or convicted of any offense in any jurisdiction other than the Commonwealth
of Pennsylvania that would have constituted an offense involving sexual
misconduct if committed within the Commonwealth of Pennsylvania. In
order for approval to be denied pursuant to this subsection, the person
or persons convicted or released in connection with the sexual misconduct
offense must have occurred within two years of the date of application
in the event of a misdemeanor and within five years of the date of
application in the event of a felony.
[2]
The permit, if granted, shall state on its face the name of
the person or persons to whom it is granted, the expiration date,
and the address of the sexually oriented business. The permit shall
be posted in a conspicuous place at or near the entrance to the sexually
oriented business so that it may be easily read at any time.
[3]
The Zoning Officer, the Building Official and the Fire Official
shall complete their certification that the premises are in compliance
or not in compliance within 30 days or receipt of the application
by the Zoning Officer. The certifications shall be promptly presented
by the Zoning Officer. To the extent that the Zoning Officer, the
Building Official and the Fire Official fail to complete their certification
for reasons other than denial of access by the applicant, the failure
to complete the certification cannot be used as a basis to deny a
certification. Rather, the premises will be deemed to be in compliance
with applicable laws and ordinances.
[4]
In the event the Zoning Officer issues a notice of intent to
deny the application, the notice shall state the reason or reasons
giving rise to the Zoning Officer's determination of an intent
to deny and shall provide the applicant with the opportunity to demand
a hearing before the Zoning Hearing Board to dispute the Zoning Officer's
findings. The demand for hearing shall be made, in writing, to the
Zoning Official with 10 days of issuance of the intent to deny. If
the applicant fails to demand a hearing on the intent to deny within
10 days after issuance of the intent to deny by the Zoning Officer,
the application shall be deemed denied. In the event the applicant
timely requests a hearing before the Zoning Hearing Board, the matter
shall be placed on the agenda for the next regularly scheduled Zoning
Hearing Board meeting occurring at least 10 days after the demand
for hearing. In the event there are no regularly scheduled Zoning
Hearing Board meetings, a hearing shall be scheduled no less than
30 days following issuance of the demand for hearing. At the hearing,
the applicant and the Borough shall submit whatever information or
evidence either party has to substantiate their respective positions.
At the conclusion of the hearing, the Zoning Hearing Board shall either
approve or disapprove the application based on the information received
at the hearing. The decision either approving or disapproving the
application shall be rendered within 90 days after the application
is filed with the Zoning Officer and, if disapproved, shall contain
a brief explanation setting forth the reasons for disapproval. If
no decision is rendered on the application with 90 days after receipt
of the application, the application shall be deemed approved, and
the permit shall be deemed to have been granted immediately. The applicant
may agree to extend the time frames as set forth herein by agreement
to extend, in writing.
(c)
Fees. The annual fee for a sexually oriented business permit
is $500.
(d)
Inspection.
[1]
An applicant or permittee shall permit representatives of the
Police Department, Building Official, Fire Official, Zoning Officer,
or other municipal departments or agencies to inspect the premises
of a sexually oriented business for the purpose of ensuring compliance
with the law at any time that the sexually oriented business is occupied
or open for business. In the event the business has not yet opened
for regular business, the applicant or permittee shall permit the
said representatives access to inspect the premises at mutually convenient
times during regular business hours (9:00 a.m. to 5:00 p.m.) within
five days of request to inspect.
[2]
A person who operates or intends to operate a sexually oriented
business, or his agent or employee, violates this chapter if he refuses
to permit such lawful inspection of the premises at any time it is
occupied or open for business or within five days of request if not
yet regularly open for business.
(e)
Expiration of permit:
[1]
Each permit shall expire one year from the date of issuance
and may be renewed only by making application as provided in the above
subsection. Application for renewal be made at least 30 days before
the expiration date and, when made fewer than 30 days before the expiration
date, the pendency of the application will not prevent the expiration
of the permit.
[2]
If the renewal of a license is denied, the application shall
not be issued a permit for one year from the date of denial, except
that, after 90 days have elapsed since the date of denial, the applicant
may be granted a permit if the Zoning Officer finds that the basis
for denial of the renewal permit has been corrected or abated.
(f)
Suspension of permit. The Zoning Officer shall suspend a permit
for a period not to exceed 30 days if he determines that a permittee
or an employee of a permittee has:
[1]
Violated or is not in compliance with any section of this chapter;
[2]
Engaged in excessive use of alcoholic beverages while on the
sexually oriented business premises or engaged in the use of illegal
narcotics;
[3]
Refused to allow an inspection of the sexually oriented business
premises as authorized by this chapter;
[4]
Knowingly permitted gambling by any person on the sexually oriented
business premises;
[5]
Failed to man managers' stations and/or maintain viewing
rooms as set forth above.
(g)
Revocation of permit.
[1]
The Zoning Officer shall revoke a permit if a cause of suspension
set forth in the above subsection occurs and the permit has been suspended
within the preceding 12 months.
[2]
The Zoning Officer shall revoke a permit if he determines that:
[a]
A permittee, or any of the persons specified in
the above subsection, is or has been convicted of the offenses specified
above;
[b]
A permittee gave false or misleading information
in the material submitted to the Borough during the application process;
[c]
A permittee or an employee of a permittee has knowingly
allowed possession, use or sale of controlled substances on the premises;
[d]
A permittee or an employee of a permittee has knowingly
allowed prostitution on the premises;
[e]
A permittee or an employee of a permittee knowingly
operated the sexually oriented business during a period of time when
the permittee's permit was suspended;
[f]
A permittee or an employee of a permittee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other explicit sexual conduct to occur in or on the permitted premises;
[g]
A permittee is delinquent in payment to the Borough
or state of any taxes or fees relating to sexually oriented business.
[3]
When the Zoning Officer revokes a permit, the revocation shall
continue for one year, and the permittee shall be issued a sexually
orientated business permit for one year from the date revocation became
effective, except that, if the revocation is pursuant to the above
subsection, the revocation shall be effective for two years in the
event of a misdemeanor or five years in the case of a felony.
[4]
After denial of an application, or denial of a renewal of an
application, or suspension or revocation of a permit, the application
or license or permittee shall have the right to appeal said action
and to seek prompt judicial review of such administrative action in
any court of competent jurisdiction.
(h)
Transfer of permit. A permittee shall not transfer his permit
to another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
(4)
Location of sexually oriented business:
(a)
All sexually oriented businesses shall comply with Subsection J of this section. A person is guilty of a violation of this chapter if he operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a conditional use. No sexually oriented businesses shall be located outside a district in which a sexually oriented business is a conditional use. Sexually oriented businesses, as defined herein, shall be permitted in an "I" Industrial Zoning District as a conditional use.
(b)
A person is guilty of a violation of this chapter if he operates
or causes to be operated a sexually oriented business within 1,000
feet of any of the following within the Borough:
[1]
A church;
[2]
A public or private pre-elementary, elementary, or secondary
school;
[3]
A public library;
[4]
A child-care facility or nursery school;
[5]
A public park adjacent to any residential district; and
[6]
A public civic center, swimming pool, or any establishment in
which community activities take place.
(c)
A person is guilty of a violation of this chapter if he causes
or permits the operation, establishment, substantial enlargement,
or transfer of ownership or control of a sexually oriented business
within 1,000 feet of another sexually oriented business.
(d)
A person is guilty of a violation of this chapter if he causes
or permits the operation, establishment, or maintenance of more than
one sexually oriented business in the same building, structure, or
portion thereof or the increase of floor areas of any sexually oriented
business in any building, structure or portion thereof containing
another sexually oriented business.
(e)
For the purpose of this chapter, measurement shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a part
of the premises where a sexually oriented business is conducted to
the nearest property line of the premises of a church, public or private
pre-elementary, elementary, or secondary school, public library, child-care
facility, or nursery school; or to the nearest boundary of an affected
public park.
(f)
For purposes of Subsection J(4)(c) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(g)
Any sexually oriented business lawfully operating on the date of enactment of this chapter that is in violation of Subsection J(4)(a) through (f) shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
(h)
A sexually oriented business lawfully operating as a conforming
use is not rendered a nonconforming use by the location, subsequent
to the grant or renewal of the sexually oriented business permit,
of a church, public or private pre-elementary, elementary, or secondary
school, public library, child-care facility, nursery school or public
park within 1,000 feet of the sexually oriented business. This portion
applies only to the renewal of a valid permit, and does not apply
when an application for a permit is submitted after a permit has expired
or has been revoked.
