[Ord. 807, 8/14/1972; amended by Ord. 1289, 8/14/1990, Section 12]
MVOBs are permitted as a conditional use in MP, C and CP-2 districts. The expressed standards and criteria for these uses in the MP and CP-2 Districts are provided for in this Part. Standards and criteria for MVOBs in the C District are found in Section 1806 of this chapter.
[Ord. 807, 8/14/1972; amended by Ord. 943, 10/4/1978, Section 5; Ord. 1289, 8/14/1990, Section 13]
a. 
Lot Area. The minimum lot area shall be 20,000 square feet.
b. 
Lot Frontage. The minimum lot frontage shall be 150 feet. On corners, the frontage requirements shall apply to only one side.
c. 
Setbacks. From public streets and property lines, setbacks shall be as follows:
(1) 
In MP and CP-2 Districts, buildings, service islands and other service or pickup facilities shall be set back 30 feet. No parking shall be permitted within this setback.
(2) 
All buildings, service islands or other service or pickup facilities shall be set back at least 15 feet from any rear or side lot line.
(3) 
In MP, C and CP-2 Districts, building setbacks shall conform to the proper District standards and the provisions of this Ordinance.
[Ord. 807, 8/14/1972; amended by Ord. 860, 10/8/1974, Section 1; Ord. 941, 9/11/1978, Section 128]
Landscaped areas shall constitute at least 30% of the site area. All areas of the site not paved shall be landscaped with a mixture of trees and grass or any combination of trees, shrubs, flowers, grass or other living ground cover to retard water runoff, restrict blowing trash and deter improper and unsafe access and site use by the public. Trees shall be of two- to three-inch caliper measured six inches from the ground level. Street grassplot areas not needed for driveways shall be planted in grass. Tree planting in the grassplot area shall continue to be the responsibility of the Borough Tree Commission.
[Ord. 807, 8/14/1972; amended by Ord. 943, 10/4/1978, Section 4; Ord. 1053, 4/6/1983, Section 1]
Driveways servicing an MVOB shall be located no closer than 150 feet from the driveways off the same street serving any other MVOB, such distance to be computed as follows:
a. 
The one-hundred-fifty-foot distance shall be measured between the nearest tangents of the curb returns of the driveways providing access off the same street, regardless of whether such driveways intersect on either side of the same street.
b. 
MVOBs shall not be added to any existing property or shopping center of less than 40,000 square feet of retail sales or service floor space unless the entire premises meets the MVOB requirements of this Part.
c. 
MVOBs are permitted in shopping centers of more than 40,000 square feet of retail, service and sales space, if the MVOBs meet all requirements of this Part.
d. 
In addition to these requirements, Council may require additional curbing, lighting, sidewalks, landscaping and other traffic-control devices to ensure that traffic generated by MVOBs does not impede the orderly flow of traffic or produce unsafe conditions on the premises or adjacent public ways. MVOBs in shopping centers shall use the common access or accesses provided other businesses in the center.
[Ord. 807, 8/14/1972; amended by Ord. 1053, 4/6/1983, Section 2; Ord. 1289, 8/14/1990, Section 14; Ord. 1840, 4/4/2006, Section 21]
a. 
Submission. Applications for a conditional use permit for a MVOB use shall be submitted to the Planning Department at least 15 days before the date of the public meeting at which the Planning Commission will receive and review the application. All information and review fees required by this ordinance shall be submitted with the application and the application shall be accompanied by a development plan as prescribed in Section 305.a.
b. 
Council Action. Municipal Council shall receive and consider the application for the MVOB together with the report and recommendation from the Planning Commission at a public meeting to be held within 60 days of receipt of the application. Council shall take action on the conditional use application within 45 days of the last hearing before Council. Council shall hold hearings on and decide the request in accordance with the expressed standards and criteria herein for MVOB Uses. Council may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to protect the public welfare. When the application is not approved in terms as filed, the decision shall specify the defects found in the application which have not been met and shall cite the provisions of the ordinance relied upon. A written notice of Council's action shall be mailed to the applicant by the Borough Secretary not later than the day following the decision.
c. 
Termination of the Conditional Use Permit. When the conditional use permit is authorized by Council, continuation of such use shall be dependent upon meeting the expressed terms of the permit and the ordinance. In the event of non-compliance, the conditional use permit shall be suspended until such time the use is again compliant.
d. 
Modification and Transfer of the Conditional Use Permit. The conditional use permit may be modified only by action of the Municipal Council subject to a new public hearing and review. Transfer of the permit to a new owner or operator is allowed without hearing and shall not constitute modification provided that compliance is maintained with the terms of the original approval.
[Ord. 807, 8/14/1972; amended by Ord. 1284, Section 17.; Ord. 1840, 4/4/2006, Section 22]
A zoning permit shall be issued when the provisions of this ordinance have been met and the specified conditions of Municipal Council complied with.
[Ord. 807, 8/14/1972; amended by Ord. 860, 10/8/1974, Section 1; Ord. 941, 9/11/1978, Section 128; Ord. 1198, 2/8/1988, Sections 24, 25 and 26; Ord. 1284, 7/10/1990, Section 17]
MVOBs may be permitted only after review and report by the Planning Commission and approval by Council for specific location, and shall be subject to the following conditions and procedures:
a. 
Building and Structure Compatibility. All proposed MVOB buildings and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area, and shall not be in conflict with the character of existing structures in areas where a definite pattern or style has been established.
b. 
Drainage. All sites shall provide for proper stormwater management, in accordance with Chapter XIV, Section 201, et. seq., of this Codification.
c. 
Ingress and Egress. MVOBs adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
d. 
Screening. MVOBs shall be screened from abutting residential districts or from residential uses in C zones on the ground floor by a solid masonry or board wall fence of acceptable design six feet in height; or by a tight, sight-obscuring evergreen hedge, shrub or tree border. No residential screening fence shall be located so it will obstruct safe traffic vision, and no screening fence shall have advertising thereon.
MVOBs shall be screened from abutting public sidewalks and streets by a solid decorative wall, fence, hedge or shrub border three feet high to prevent improper and unsafe access to the site. The wall, fence, hedge or shrub border shall extend along the entire length of the property lines to within 15 feet to driveways or intersections where it shall be reduced to two feet high.
e. 
Underground Utilities. All utility lines on the site shall be installed underground.
f. 
Limitations. Gasoline service stations shall be limited to two service islands and three gasoline pumps per island for the minimum size lot. One service bay and three pumps may be added for each 1,000 square feet of site area exceeding the minimum.
g. 
A development plan for an MVOB shall be submitted, pursuant to Section 305 of this chapter.
[Ord. 807, 8/14/1972; amended by Ord. 860, 10/8/1974, Section 1; Ord. 941, 9/11/1978, Section 128; Ord. 1284, 7/10/1990, Section 17]
a. 
Activity. All servicing and activities, with the exception of those specified in this ordinance, shall be conducted outside of public rights-of-way and within an enclosed building or within an area specified on the site plan for outdoor eating.
b. 
Signs. All signs on the site shall conform with sign regulations adopted by Council.
c. 
Landscaping. All landscaping plant materials shall be kept alive and in excellent condition. Landscaped areas shall not be used for the purpose of storing vehicles, trailers or other equipment.
d. 
Storage.
(1) 
Flammable Materials. Flammable materials used in the conduct of MVOBs shall be stored within the building setback lines. Proper care shall be exercised in proposed above- or below-the-ground storage containers to protect public safety.
(2) 
Merchandise. All merchandise and material for sale, including vending machines, shall be displayed within an enclosed building, except for the following:
(i) 
Oil for use in motor vehicles may be displayed and sold from an appropriate rack or compartment at the gasoline station pump islands for the convenience of the customer and station attendant.
(3) 
Trash. All MVOBs shall provide suitable storage of trash areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way and to permit safe, easy removal of trash by truck or hand.
(4) 
Used Oil. All used motor oils and other similar materials and products shall be stored only in underground or inside areas.
(5) 
Inoperative Motor Vehicles. Storage of inoperative or unregistered motor vehicles shall not be permitted on MVOB sites for policing and fire protection reasons, except for the following:
(i) 
Motor vehicles which are currently under servicing by a gasoline service station may be stored in appropriate outside parking for a period not to exceed 30 days.
(ii) 
Motor vehicles which have been towed from the scene of an accident may be held or stored by gasoline service stations in appropriate parking areas for a period not to exceed three days.
(iii) 
Storage or parking of motor vehicles for rental income shall not be permitted.
e. 
Rental Vehicles. When the rental of equipment, automobiles, trucks or trailers is to be conducted on an MVOB site, additional land area and paved area shall be provided in addition to the driveway, parking area and landscape areas required by this ordinance for a normal MVOB operation. An additional 1,000 square feet of site area shall be provided for each five rental units. No parking of rental units shall be permitted on landscaped areas or driveways.
f. 
Vehicular Areas. All hydraulic hoists, pits, lubrication, washing, repair and service not of an emergency nature or unusual short-term minor work shall be conducted entirely within a building.
g. 
Other Conditions. The Planning Commission may recommend, and municipal Council may require, provisions for other conditions which will tend to eliminate or reduce public nuisances caused by noise, heat, odors, smoke, dust, vibration, glare, flooding, and traffic congestion, and promote the purposes of Part A of this chapter.
[Ord. 807, 8/14/1972; amended by Ord. 1637, 10/5/2000, Section 6]
Existing MVOBs which do not comply with the regulations and conditions of this ordinance shall be considered to be nonconforming and allowed to continue; however, all nonconforming MVOBs shall comply with the following requirements within one year after written notification by the State College Zoning Officer of items which must be corrected. The Design Review Board will assist the Zoning Officer in making reasonable recommendations to property owners of nonconforming uses to enable the property owner to bring his property into compliance with the ordinance.
a. 
Whenever an MVOB is located adjacent to a residential district or residential use on the ground floor in C districts, appropriate screening, provided in Section 2208.d of this chapter, shall be complied with.
b. 
All exterior lighting shall be brought into conformity with the lighting requirements of Part K of this chapter.
c. 
All inoperative or unregistered motor vehicles shall be removed in accordance with the requirements of Section 2209.c(5) of this chapter.
d. 
All trash storage areas shall be made to conform with the requirements of Section 2209.c(3) of this chapter.
e. 
All storage of merchandise for sale, including vending machines, shall be made to conform with the requirements of Section 2209.c(2) of this chapter.
[Ord. 807, 8/14/1972]
When an MVOB building becomes vacant for a period exceeding one year, the property owner shall be required to remove or treat in a safe manner approved by the Director of Public Works, all flammable materials, storage tanks or areas.
When an MVOB building becomes vacant and its conditional use permit not utilized for a period of one year, the permit shall lapse and the use of the land thereafter conform to the use permitted in the zoning district in which it is located.