A.
In evaluating an application for a conditional use, the Borough shall
apply the guidelines and procedures set forth in the MPC.
B.
Where the application is contested or denied, each decision shall
be accompanied by findings of fact or conclusions based thereon, together
with any reasons therefor. Conclusions based on any provisions of
this or any other ordinance should contain a reference to the provision
relied on and the reasons why the conclusion is deemed appropriate
in the light of the facts found.
C.
Nothing in this section shall prejudice the right of any party opposing
the application to appeal the decision to a court of competent jurisdiction.
A copy of the final decision or, where no decision is called for,
the findings, shall be delivered to the applicant personally or mailed
to him no later than the day following its date.
D.
The Borough Council shall not evaluate a conditional use application
unless and until:
(1)
A written application for conditional use approval is submitted to
the Borough Zoning Officer no less than 10 working days prior to the
regular meeting of the Borough Planning Commission. The application
shall indicate the section of this chapter under which conditional
use approval is sought and shall state the grounds upon which it is
requested. The Borough Zoning Officer shall determine the completeness
of the application and either accept the application as complete and
properly filed or return the application to the applicant for resubmission
if the application is incomplete and improperly filed. If the application
is returned as incomplete, a written notice, which cites the specific
requirements of this chapter which have not been met, shall be sent
to the applicant. The application shall include the following:
(a)
A development plan.
(b)
A written statement showing compliance with the applicable express
standards and criteria of this article for the proposed use.
(c)
A map showing and identifying all lots within 200 feet of the
lot for which conditional use approval is requested and a list of
the names and addresses of the owners of these lots from the most
recent records of Allegheny County.
(d)
A traffic impact analysis, if required by the Allegheny County
Subdivision and Land Development Ordinance or by the requirements
of this article.
(e)
Application fee, as required.
(2)
A written recommendation is received from the Borough Planning Commission.
(3)
A public hearing is held by the Borough Council pursuant to public
notice.
E.
In granting a conditional use, the Borough Council may attach such
reasonable conditions and safeguards in addition to those expressed
in this chapter as it may seem necessary to implement the purposes
of the MPC and this chapter.
Conditional use approval shall expire automatically without
written notice to the applicant if no application for a grading permit,
building permit or zoning certificate to undertake the construction
or authorize the occupancy described in the application for conditional
use approval is submitted within 12 months of said approval, unless
the Borough Council, in its sole discretion, extends conditional use
approval upon written request of the applicant received prior to its
expiration. The maximum extension permitted shall be one twelve-month
extension.
Conditional use approval granted prior to the effective date
of this chapter shall expire automatically without written notice
to the applicant if no application for a grading permit, building
permit or zoning certificate to undertake the construction or authorize
the occupancy described in the application for conditional use approval
is submitted within 12 months of the effective date of this chapter
or as specified in the approval, unless the Borough Council, in its
sole discretion, extends conditional use approval upon written request
of the applicant received prior to its expiration. The maximum extension
permitted shall be one twelve-month extension.
Before approving a conditional use application, the Borough
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. The Borough Council shall use the following general
standards, among other things, in its 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. The proposed use shall obtain applicable
permits, licenses and approvals from the Borough, Allegheny County,
Pennsylvania and federal agencies before final approval of the conditional
use application shall be granted.
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
topography and soil conditions 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 a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion and 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/development conforms to the scale, character and
exterior appearance of existing structures and uses in the neighborhood
in which it is located.
In addition to the general standards and criteria for conditional
uses listed in the sections above, an application for any of the following
uses which are listed in any zoning district as a conditional use
shall comply with the following applicable standards and criteria.
A.
Single-family dwelling.
(1)
Parking shall be provided on the same lot upon which the dwelling
unit is located.
B.
Two-family dwelling.
(1)
Parking shall be provided on the same lot upon which the dwelling
unit is located.
C.
Townhouse.
(1)
All open space associated with the development of townhouse dwellings
shall be accessible to the public.
(2)
Parking shall be provided on the same lot upon which the dwelling
unit is located and be no more than 300 feet from any one unit.
(3)
In order to ensure that any proposed development does not create
adverse conditions to the public road right-of-way, a traffic impact
study, in accordance with Institute of Transportation Engineers (ITE)
standards, shall be required to be submitted as part of any proposed
development to determine peak-hour volumes and the traffic movements
produced by such development. A description of future levels of service
and their compliance with standards for traffic capacity of streets,
intersections and driveways shall be provided. New streets shall be
designed for adequate traffic capacity. All reference to levels of
service (LOS) shall be defined by the Highway Capacity Manual, published
by the Transportation Research Board. These standards may be waived
by the Borough if sufficient evidence is provided that the criteria
cannot be met with reasonable mitigation.
D.
Apartment.
(1)
All open space associated with the development of apartment dwellings
shall be accessible to the public.
(2)
Parking shall be provided on the same lot upon which the dwelling
unit is located and be no more than 300 feet from any one unit.
(3)
In order to ensure that any proposed development does not create
adverse conditions to the public road right-of-way, a traffic impact
study, in accordance with Institute of Transportation Engineers (ITE)
standards, shall be required to be submitted as part of any proposed
development to determine peak-hour volumes and the traffic movements
produced by such development. A description of future levels of service
and their compliance with standards for traffic capacity of streets,
intersections and driveways shall be provided. New streets shall be
designed for adequate traffic capacity. All reference to levels of
service (LOS) shall be defined by the Highway Capacity Manual, published
by the Transportation Research Board. These standards may be waived
by the Borough if sufficient evidence is provided that the criteria
cannot be met with reasonable mitigation.
E.
Hi-rise residential.
(1)
Parking shall be provided on the same lot upon which the dwelling
unit is located and be no more than 300 feet from any one unit.
(2)
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete, stone block or permeable paving material (not including
gravel surface, aggregate or the like).
(3)
The means of a building's ingress and egress shall meet requirements
as outlined in the Borough's Building Code.
(4)
A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
(5)
The maximum number of units per building shall not exceed 36.
(6)
The primary vehicular entrance to a hi-rise residential development
shall, at a minimum, have direct access to a collector road.
(7)
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
(8)
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
(9)
Buffer yards between a hi-rise residential development and any other
adjacent residential lot shall be increased by 10 feet in addition
to the Borough's required buffer-yard width. Landscaping within
this additional width shall be provided according to spacing, quantity
and type of plants specified by the Borough Planning Commission.
(10)
Slopes shall be graded at a maximum of a three-foot horizontal
to one-foot vertical (3:1) ratio.
(11)
If the parking area for a hi-rise residential development is
adjacent to a single-family residential lot and demands greater than
10 automobiles, the following shall apply:
(a)
An additional ten-foot buffer yard with one of the following
shall be provided along the parking lot's perimeter to minimize
the impact of inappropriate noise, dust, light and other disturbances
on adjacent residential lots.
[1]
One-and-one-half times the required number of plants for screening
and buffering off-street parking and loading areas; or
[2]
A mound, a minimum of 3.5 feet in height at its peak, shall
be constructed whereas the sides do not exceed a four-foot horizontal
to one-foot vertical change in elevation. The mound shall be landscaped
in its entirety with plants that provide four seasons of interest
but shall not include turf grass. The landowner and/or developer shall
coordinate site drainage so that site development and grading do not
create any adverse effects on adjacent lots.
(12)
Dumpsters, if located on the lot, shall be located in the rear
setback yard and shall be screened with an earth berm, landscaped
buffer yard, fence or wall with a minimum height of eight feet if
the dumpster has a peaked roof, and otherwise six feet, and a minimum
opacity of 80%.
(13)
The design and size of the hi-rise residential conforms to all
applicable state and Borough standards/codes.
F.
All other residential uses.
(1)
Parking shall be provided on the same lot upon which the dwelling
unit is located and be no more than 300 feet from any one unit.
(2)
All parking spaces and driveways shall be surfaced with bituminous,
brick, concrete, stone block or permeable paving material (not including
gravel surface, aggregate or the like).
(3)
The means of a building's ingress and egress shall meet requirements
as outlined in the Borough's Building Code.
(4)
A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
(5)
The maximum number of units per building shall not exceed 18.
(6)
The primary vehicular entrance to the residential development shall,
at a minimum, have direct access to a collector road.
(7)
Maximum height of lighting for outdoor parking areas and roadways
shall be 25 feet.
(8)
As part of all land development, the landowner and/or developer shall
provide a plan for photometrics of the lot. Illumination, when measured
at a lot line, shall be a maximum of one footcandle.
(9)
Buffer yards between the residential development and any other adjacent
residential lot shall be increased by 10 feet in addition to the Borough's
required buffer-yard width.
(10)
Landscaping within this additional width shall be provided according
to spacing, quantity and type of plants specified by the Borough Planning
Commission.
(11)
Slopes shall be graded at a maximum of a three-foot horizontal
to one-foot vertical ratio.
(12)
If the parking area for the residential development is adjacent
to a single-family residential lot and demands greater than 10 automobiles,
the following shall apply:
(a)
An additional ten-foot buffer yard with one of the following
shall be provided along the parking lot's perimeter to minimize
the impact of inappropriate noise, dust, light and other disturbances
on adjacent residential lots.
[1]
One and one-half times the required number of plants for screening
and buffering off-street parking and loading areas; or
[2]
A mound, a minimum of 3.5 feet in height at its peak, shall
be constructed whereas the sides do not exceed a four-foot horizontal
to one-foot vertical change in elevation. The mound shall be landscaped
in its entirety with plants that provide four seasons of interest
but shall not include turf grass. The landowner and/or developer shall
coordinate site drainage so that site development and grading do not
create any adverse effects on adjacent lots.
(13)
Dumpsters, if located on the lot, shall be located in the rear
setback yard and shall be screened with an earth berm, landscaped
buffer yard, fence or wall with a minimum height of eight feet if
the dumpster has a peaked roof, and otherwise six feet, and a minimum
opacity of 80%.
(14)
The design and size of the residential use's living quarters
shall conform to all applicable state and Borough standards/codes.
(15)
For any proposed use that will occupy an existing residential
structure, exterior modifications shall be limited to occur in only
rear and side as part of said reuse.
G.
Animal hospital.
(1)
No outdoor pens shall be constructed or provided.
(2)
Overnight boarding of animals is prohibited unless necessary for
medical or surgical reasons in conjunction with on-site treatment.
(3)
Noise shall not exceed the levels outlined as acceptable within the
performance standards of this chapter.
H.
Artisan workplace/sales.
(1)
Nonresidential districts.
(a)
A listing of products which contain toxic and/or explosive materials
shall be kept on record at all times.
(b)
As regulated by the chapter's performance standards, no offensive
noise, vibration, smoke or other particulate matter, heat, humidity,
glare or other objectionable effects shall be produced.
(c)
Under no circumstances shall an artisan workplace/sales be interpreted
to permit a commercial stable or a dog kennel, automobile sales, small
engine repair shop, donut shop, or any occupation where the principal
activity involves sales offered across the counter.
(d)
If said land use is within the C1 Zoning District, soundproofing
shall be constructed on any walls that are shared with adjacent land
uses.
(e)
A delivery and storage plan shall be submitted. The plan shall
be subject to Borough review and approval in order to minimize potential
conflicts associated with circulation of surrounding uses.
(2)
Residential districts.
(a)
There shall be no exterior display or sign (except as permitted
in the regulation of signs in this chapter), no exterior storage of
materials, and no other exterior indication of the home occupation
or variation of the residential character of the main building. In
order to minimize conflict with surrounding residential neighborhood
activity, an artisan workplace/sales area shall occupy a structure
which is residential in character.
(b)
As regulated by the chapter's performance standards, no offensive
noise, vibration, smoke or other particulate matter, heat, humidity,
glare or other objectionable effects shall be produced.
(c)
Under no circumstances shall an artisan workplace/sales be interpreted
to permit a commercial stable or a dog kennel, automobile sales, small
engine repair shop, donut shop, or any occupation where the principal
activity involves sales offered across the counter.
(d)
Sound proofing shall be constructed on any wall that are shared
with adjacent land uses. A delivery and storage plan shall be submitted.
The plan shall be subject to Borough review and approval in order
to minimize potential conflicts associated with circulation of surrounding
uses.
I.
Banks and financial institutions.
J.
Bed-and-breakfast.
(1)
The operator of the bed-and-breakfast must be the owner of the business
and shall reside on the premises.
(2)
Meals shall only be served to overnight guests of the bed-and-breakfast.
(3)
Guests shall be limited to a maximum length of stay of 14 consecutive
days in any thirty-day period.
(4)
No more than five guest sleeping rooms shall be available and/or
utilized at any one time for the transient guests. Each guest room
may provide lodging for up to two individuals, unless children under
the age of 16 years are accompanying the guest. In no instance shall
the total number of guests in the bed-and-breakfast exceed 14 people.
(5)
There shall be only one lodging house located on the lot.
(6)
The lot shall meet all area and bulk regulations of the district
in which it is located.
(7)
Objectionable noise, vibration, smoke, dust, electrical disturbance,
odors, heat or glare shall not be produced. The use shall comply with
the performance standards of this chapter.
(8)
No more than one identification sign shall be permitted. The identification sign must conform to Article VI of this chapter for the zoning district in which it exists.
(9)
All required parking spaces shall be provided on the lot and shall
not be located in the front yard. There shall be one space provided
for each room and one space provided for each permanent resident.
(10)
The conditional use of a bed-and-breakfast expressly excludes
alternative housing for criminal offenders, drug or alcohol rehabilitation,
halfway house and similar uses.
K.
Brewery/brew pub/tap room.
(1)
The establishment shall be located in accordance with the provisions
of the Pennsylvania Liquor Control Board.
(2)
Such establishment shall not remain open and/or transact business
between the hours of 2:00 a.m. and 8:00 a.m., prevailing time of each
day. No brewery/brew pub/tap room located within 500 feet of a residence
or place of worship shall be open or operated on a Sunday.
L.
Clinic, small-scale.
(1)
An hours-of-operation (including deliveries) plan shall be submitted
to the Borough as part of the conditional use application.
N.
Community garden.
(1)
Operations using machinery may begin at sunrise or 7:00 a.m., whichever
is earlier, on weekdays and at 9:00 a.m. on Saturday and Sunday. Operations
using machinery must end at sunset or 9:00 p.m., whichever is later.
Automatically functioning equipment, such as sprinklers, are exempted
from hours of operation.
(2)
Community gardens may include any of the following features: raised
and/or accessible planting beds, compost bins, picnic tables, garden
art, rain barrel systems, restroom facilities or portable toilets,
signage, storage sheds, and children's play areas.
(3)
All community gardens shall have suitable containers for waste and
recyclables that are regularly serviced.
(4)
A community garden may include a seasonal farm stand only for the
sale of items grown at the site or products made from items grown
at the site. Sales for fund-raising purposes and associated promotional
materials are permitted at events held on the site. Stands shall be
removed from the premises or stored inside a building on the premises
or off site when the garden is not in operation. Sales must occur
on site and only between 7:00 a.m. and 9:00 p.m.
(5)
Signage. Permitted signs, not to exceed nine square feet in area
per side and six feet in height, shall be limited to identification
(of gardens, individual plants, etc.), information, and directional
signs, including sponsorship information where such information is
clearly secondary to other permitted information on the sign.
(6)
Parking. If a community garden includes a seasonable farm stand,
adequate off-street parking must be provided and shall be either unpaved
or surfaced with gravel or pervious paving material. Interior walkways
shall be unpaved except as necessary to meet the needs of individuals
with disabilities.
O.
Convenience store.
(1)
Convenience stores located in the C1 Zoning District shall not include
facilities for the dispensing of fuel.
(2)
Parking facilities shall not be constructed between the building
front facade and the front lot line.
(3)
The maximum gross floor area for convenience stores located in the
C1 Zoning District is 2,500 square feet.
Q.
Club/lodge.
(1)
The hours of operation must be conspicuously posted at the business
premises such that patrons are sufficiently apprised of the same.
(2)
Such club shall not remain open and/or transact business between
the hours of 2:00 a.m. and 8:00 a.m., prevailing time of each day.
No club located within 500 feet of a residence or place of worship
shall be open or operated on Sunday.
R.
Grocery store, butcher shop, green grocer.
(1)
The maximum gross floor area for grocery store, butcher shop and/or
green grocer located in the C1 Zoning District shall be 2,500 square
feet; 12,000 square feet in the C2 Zoning District.
(2)
No fuel sales or accessory fuel/service stations are permitted in
association with or otherwise on the same lot as a grocery store,
butcher shop and/or green grocer.
T.
Home occupation.
(1)
The home occupation shall be carried on wholly within the principal
or accessory structures.
(2)
No more than 15% of the gross floor area of the principal dwelling
and any accessory structures used shall be devoted to the conduct
of the home occupation.
(3)
Articles not produced on the premises shall not be sold on the premises.
(4)
There shall be no display of merchandise available for sale on the
premises; however, merchandise may be stored on the premises for delivery
off the premises.
(5)
Exterior displays or signs other than those permitted in this chapter,
exterior storage of material, and exterior indication of the home
occupation or variation from the residential character of the principal
structure shall not be permitted.
(6)
Objectionable noise, vibration, smoke, dust, electrical disturbance,
odors, heat or glare shall not be produced. The use shall comply with
the performance standards of this chapter.
(7)
The use shall not significantly intensify vehicular or pedestrian
traffic, which is normal for the residences in the neighborhood.
(8)
The use shall not require internal or external alterations or construction
features which are not customary to a dwelling or which change the
fire rating of a structure.
(9)
There shall be no use of materials or equipment except that of similar
power and type normally used in a residential dwelling for domestic
or household purposes.
(10)
The use shall not cause an increase in the use of water, sewage,
garbage, public safety or any other municipal services beyond that
which is normal for the residences in the neighborhood.
(11)
The use shall not cause a negative impact on lot values in the
immediate neighborhood.
(12)
The home occupation shall not involve the use of commercial
vehicles for regular delivery of materials to or from the premises,
and commercial vehicles shall not be permitted to be parked on the
premises.
(13)
The following uses shall not be considered home occupations
and shall be restricted to the zoning districts in which they are
specifically authorized as permitted uses or uses by special exception,
including but not limited to:
(a)
Beauty shops or barber shops containing more than two chairs;
(b)
Clinics, hospitals or nursing homes;
(c)
Kennels, veterinary offices and clinics;
(d)
Mortuaries;
(e)
Private clubs;
(f)
Private instruction to more than three students at a time;
(g)
Restaurants or tearooms;
(h)
Stables;
(i)
Tourist or boarding homes;
(j)
Vehicle or equipment rental, repair or sales;
(k)
Auto sales/service and repair, as defined by this chapter.
(14)
Day-care homes, other than those defined in this chapter, shall
meet all of the foregoing requirements for a home occupation as well
as the following additional requirements:
(a)
Adequate areas for outdoor recreation shall be provided and
shall be secured by a fence with self-latching gate.
(b)
A safe area shall be provided for the dropoff and pickup of
children which does not obstruct the free flow of traffic on any public
street.
(c)
Off-street parking shall be provided in accordance with the
requirements of this chapter.
U.
Hotel/motel.
(1)
Dropoff/temporary parking areas shall remain free and clear of obstructions
for general safety and Fire Department access.
(2)
Parking shall be located to the side and/or rear of the principal
building on the lot.
(3)
A twelve-foot-wide fire/emergency access route shall be provided
around the perimeter of each building. Topography or other characteristics
of the site or the development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
(4)
Service of meals and/or beverages (alcoholic/nonalcoholic) must be
secondary to the principal use of room or suite rental.
(5)
Secondary eating establishments serving alcoholic beverages or secondary
bars or nightclubs must be licensed by the Pennsylvania Liquor Control
Board.
(6)
The owner(s)/operator(s) of a hotel/motel shall be responsible for
the conduct and safety of the renters and guests and shall be available
to respond to inquiries and promptly quell any disturbances caused
by renters or guests.
V.
Light manufacturing.
(1)
Buffering of parking and loading areas shall be provided in accordance
with this chapter.
(2)
Objectionable noise, vibration, smoke, dust, electrical disturbance,
odors, heat or glare shall not be produced.
(3)
As part of all land development or conversion of an existing building,
the landowner and/or developer shall provide a plan for photometrics
of the lot.
(4)
All materials and equipment shall be stored within a completely enclosed
building.
(5)
The use shall comply with all performance standards specified in
this chapter.
(6)
Hours of operation and activities must be appropriately scheduled
to protect the operation of the surrounding neighborhood from detrimental
noise, dust, odor, vibration, light or other disturbance or interruption.
(7)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive
materials, chemical, liquids, gases or solids stored and/or used on
site shall be available upon request.
W.
Livery.
(1)
The landowner and/or developer shall be required to prepare and submit
a traffic impact analysis of the proposed development. Potential implementation
strategies of necessary infrastructure and/or safety improvements
shall be identified in response to the analysis findings.
X.
Marina, dock, portals for water access.
(1)
The landowner and/or developer shall be required to prepare and submit
a traffic impact analysis of the proposed development. Potential implementation
strategies of necessary infrastructure and/or safety improvements
shall be identified in response to the analysis findings.
(2)
A delivery zone plan acceptable to the Borough Engineer shall be
submitted to demonstrate adequate delivery and associated circulation
areas do not conflict with existing Borough development and circulation
patterns.
Y.
Medical office.
(1)
The landowner and/or developer shall be required to prepare and submit
a traffic impact analysis of the proposed development. Potential implementation
strategies of necessary infrastructure and/or safety improvements
shall be identified in response to the analysis findings.
(2)
Medical offices are permitted only on the second floor of a building
in the C1 Zoning District.
AA.
Pharmacy.
(1)
The maximum gross floor area for a pharmacy is 2,500 square
feet in the C1 Zoning District and 5,000 square feet in the C2 Zoning
District.
(2)
Drive-through facilities are not permitted in the C1 Zoning
District.
(3)
Parking facilities shall not be constructed between the building
front facade and the front lot line.
BB.
Place of assembly/worship.
(1)
A place of assembly/worship's primary visitor dropoff and
pickup area shall be located in a manner that minimizes detrimental
traffic impacts (both pedestrian and vehicular) on the surrounding
neighborhood.
(2)
The landowner and/or developer shall be required to prepare
and submit a traffic impact analysis of the proposed development.
Potential implementation strategies of necessary infrastructure and/or
safety improvements shall be identified in response to the analysis
findings.
(3)
The number of points of ingress/egress shall be based upon projected
peak-hour traffic for the use and approved by the Borough Engineer
to ensure employee and visitor safety.
(4)
Hours of operation and events shall be scheduled to minimize
negative impacts on the surrounding neighborhood.
(5)
As part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination, when
measured at a lot line, shall be a maximum of one footcandle.
(6)
For parking demands greater than 300 automobiles, additional
setbacks, screening and buffering of off-street parking and loading
areas may be required to be provided in order to protect the surrounding
neighborhood from inappropriate noise, dust, light and other disturbances.
CC.
Professional and business offices.
(1)
Professional and business offices are permitted only on the
second floor of a building in the C1 Zoning District.
DD.
Public park, recreation area, playground.
(1)
Such use may only be constructed in association with an institutional
or municipal land use.
(2)
All lighting shall be shielded from adjacent streets and properties.
(3)
Any facility located within 200 feet of a property line adjoining
a residential use or zoning classification shall cease operations
at 12:00 midnight.
EE.
Public utility building.
(1)
Unhoused equipment shall be enclosed within a fence constructed
of materials present on the majority of adjacent principal structures.
Said fence shall be a minimum of six feet in height.
(2)
Housed equipment. When the equipment is totally enclosed within
a building, no fence or screen planting shall be required, and the
yards shall be maintained in accordance with the zoning district in
which the facility is located.
(3)
The external design of the building shall be to the greatest
extent possible in conformity with the design of the majority of buildings
on the block, face and adjacent lots of the subject lot.
FF.
Research and development establishment.
(1)
Any outdoor storage conducted on the lot shall comply with the
regulations for outdoor storage as defined in this chapter.
(2)
A research and development facility shall have one point of
ingress and egress to a public arterial or collector street.
(3)
Hours of operation and activities must be appropriately scheduled
to protect the surrounding neighborhood from detrimental noise, dust,
odor, vibration, light or other disturbance or interruption.
(4)
An inventory of toxic, corrosive, flammable, carcinogenic or
explosive materials, chemicals, liquids, gases or solids shall be
updated annually and submitted to the Borough for record.
GG.
Restaurant, sit-down.
(1)
Sit-down restaurants located in the C1 Zoning District must
designate at least 60% of its gross floor area accessible for use
by customers.
(2)
The total size of a sit-down restaurant in the C1 Zoning District
must not exceed 5,000 square feet.
(3)
Outdoor seating is permitted but will be included in the total
gross floor area. Outdoor seating may not exceed 25% of the total
gross floor area.
(4)
If outdoor seating is adjacent to a residential zoning district,
a planted or structural buffer shall be designed and constructed supporting
the principals and intents of the Borough's Design Guidelines.
(5)
Dumpster and service areas shall be screened from the public
right-of-way and not conflict with off-street parking associated with
the use. No dumpster and/or service areas shall be located between
the front lot line of the lot and the front facade of the principal
structure in which it is located.
(6)
Outdoor storage of materials shall not be permitted.
(7)
Restaurants in the C1 Zoning District are not permitted to have
drive-through facilities.
HH.
Restaurant, take-out.
(1)
The total size of a take-out restaurant in the C1 Zoning District
must not exceed 2,500 square feet.
(2)
Exterior trash receptacles shall be provided and routinely emptied
so as to prevent the scattering of litter.
(3)
Restaurants in the C1 Zoning District are not permitted to have
drive-through facilities.
(4)
For restaurants with drive-through facilities in the C2 Zoning
District:
(a)
Drive-through window lanes shall be separated from the parking
lot's interior driveways and shall provide at least 100 feet
of on-site stacking per lane preceding the food order location.
(b)
Any exterior speaker/microphone system shall be arranged and/or
screened to prevent objectionable noise impact on adjoining lots.
(c)
All exterior seating/play areas shall be completely enclosed
by a minimum three-foot-high fence.
(5)
Dumpster and service areas shall be screened from the public
right-of-way and not conflict with off-street parking associated with
the use. No dumpster and/or service areas shall be located between
the front lot line of the lot and the front facade of the principal
structure in which it is located.
(6)
Outdoor storage of materials shall not be permitted.
II.
Retail, large-scale.
JJ.
School, commercial/other.
(1)
Required off-street parking for the school shall be clearly
designated and shall be located within 300 feet of the entrance to
the school.
(2)
All buildings shall be set back at least 15 feet from any adjoining
land used for residential purposes. Buffer yards shall be landscaped
with a combination of deciduous and evergreen trees, shrubs, ornamental
grasses, and ground covers. Grass, sod, lawn or turf shall not be
considered an acceptable plant for use within landscaped buffer yards
when not used in combination with trees and shrubs.
(3)
Enrollment shall be defined as the largest number of students
on the site at any one time during a seven-day period.
(4)
Student dropoff and pickup areas shall be provided and arranged
so that students do not have to cross traffic lanes on or adjacent
to the site. The configuration of access drives and parking lots shall
be aligned to minimize circulation conflict with surrounding uses.
(5)
Parking shall be provided based upon peak class time in accordance
with the following ratio: one space for every two persons enrolled
plus 1 per faculty/staff of said peak class time.
KK.
Storage building for retail on premises.
(1)
The building shall be lit on the interior and exterior for safety.
(2)
Primary access to the building shall be designed to ensure that
vehicular and pedestrian traffic has access to the right-of-way but
does not encumber circulation within the right-of-way.
(3)
To maintain continuity of existing Borough development, the
retail structure and the storage building shall appear similar and
related in character and function.
MM.
Warehouse.
(1)
All vehicular maneuvering for warehouse uses shall be located
on site.
(2)
Curb cuts shall be minimized to the maximum extent feasible
in order to achieve access to the site.
(3)
The applicant shall provide a detailed description of the nature
of the on-site activities and operations, the types of materials stored,
the frequency of distribution and restocking, the duration period
of storage of materials, and the methods for disposal of any surplus
or damaged materials. In addition, the applicant shall furnish evidence
that the disposal of materials will be accomplished in a manner that
complies with state and federal regulations.
(4)
The Borough Council shall determine that such use will not create
detrimental impacts on the surrounding lots, taking into consideration
the probable traffic generation, the physical relationship of the
proposed use and structure to surrounding uses and structures, the
emission of noise or glaring light, and proposed accessory uses, such
as meeting facilities.
(5)
Loading areas shall not be visible at ground level from a public
right-of-way or an adjacent residence. A landscaped buffer yard of
a minimum of 25 feet in width shall be provided adjacent to all existing
residences. Buffer yards shall be landscaped with a combination of
deciduous and evergreen trees, shrubs, ornamental grasses, and ground
covers. Grass, sod, lawn or turf shall not be considered an acceptable
plant for use within landscaped buffer yards when not used in combination
with trees and shrubs.
(6)
Outdoor storage of foods and/or materials shall not be permitted.
(7)
The ground surface of off-street parking and loading spaces
shall be paved with bituminous paving, brick, concrete or stone block
paving to protect the surrounding neighborhood from inappropriate
dust and other disturbances.
(8)
The building height of a warehouse located in the Riverfront
Overlay District shall be compatible with the height of buildings
on adjacent lots.
