[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.