A.
In evaluating an application for a conditional use, the Borough Council
applies the guidelines and procedures associated with conditional
uses as set forth in the Pennsylvania Municipalities Planning Code.
B.
The following criteria for conditional uses apply to all conditional
uses:
(1)
Building and parking setbacks must be consistent with existing
building and parking setbacks of adjoining and neighboring lots on
the block in which the development is located. The location and arrangement
of parking on a lot will be designed and constructed so that general
safety and circulation is optimized and so that the impact of vehicles
and lighting on rights-of-way or residential activity in proximity
to the lot is minimized.
(2)
A landowner and/or developer must provide a plan for photometrics
of the lot. Illumination, when measured at a lot line, will be zero
footcandle.
(3)
Unless the landowner and/or developer can present a development
alternative which demonstrates it is feasible that surface parking
can only exist within a lot's yard which is adjacent to a street that
serves as a main street (See Table 6.) or to another corner lot, no
surface parking will front on a street that serves as a main street
or on a corner lot of said street.
(4)
To protect and/or safeguard the character of existing development
in the Borough of Marietta, for cases where there is the re-use of
a residential structure or a lot on which a residential structure
exists, the landowner and/or developer will maintain the characteristics,
inclusive of but not limited to massing, heights and exterior historical
features, of said residential structure with surrounding residential
structures.
(5)
Hours of operation for businesses will be scheduled to minimize
negative impacts on the surrounding neighborhood.
(6)
A traffic impact study acceptable to the Borough Engineer may
be required by the Borough to be submitted where the proposed development,
according to the Institute of Transportation Engineers (ITE) standards,
will generate 100 trips in addition to the adjacent roadways' peak-hour
volumes.
C.
The consideration of a conditional use by the Borough Council upon
review of the Borough Planning Commission's recommendations must be
predicated on the applicant's submission of a written application
containing all of the information required under this section, together
with a site plan meeting the requirements of this chapter and any
other Borough ordinance as applicable.
D.
Submission requirements.
(1)
A written submission must demonstrate that the use for which
the conditional use is sought:
(a)
Will not endanger the public health and safety and will not deteriorate the environment or generate nuisance conditions, such as traffic congestion, noise, dust, smoke, glare or vibration as prohibited by Article V of this chapter.
(b)
Meets all other requirements of this chapter in the zoning district
where the use is proposed.
(c)
Is in general conformity with the Borough of Marietta Comprehensive
Plan and is attractive and in harmony with the area in which it is
proposed.
(d)
Is an appropriate use on the proposed lot as a conditional use.
(e)
Is defined as part of any conditional use and will be completed within
the identified time frame. Also, the Borough Council may extend time
for any completion date if the applicant or his agent requests such
an extension and if good cause for the extension is shown. If, at
the end of the identified time frame or extended completion period,
the conditional use is not completed, and if no extension has been
granted, the conditional use will become null and void.
(2)
Upon Borough Council designating a new conditional use for a
lot, any prior conditional use provision associated with a previous,
different land use upon the same lot shall become null and void.
(3)
Information including applicant address, location of site, listing
of landowners and/or developers who will receive notice of the zoning
application, zoning district and other relevant information as defined
by the Borough of Marietta must be submitted.
E.
The site plan will show to scale the entire lot to be ultimately
developed and indicate the location, height, and use of structures,
driveways, signs, parking areas and topographical and/or natural features
of the lot. An architectural rendering of the structures proposed
on the lot must also be submitted.
F.
Conditional uses will be subject to periodic inspections to ensure
compliance with the conditions of approval.
G.
The Borough Council may attach additional conditions in order to
protect the public's health, safety, and welfare. These conditions
may include, but are not limited to, increased screening.
In addition to the general standards and criteria for conditional
uses listed 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.
Residential land uses.
(1)
Group care facility.
(a)
Whenever a party or parties seek to occupy a dwelling or other
building as a group care facility, the party or parties shall file
a detailed statement of intent with the Borough Zoning Officer describing
the proposed use of the dwelling or building. Such statement shall
detail the proposed use of the dwelling or building. Such statement
shall detail the proposed number of the anticipated occupants. The
statement shall identify how said use satisfies demonstrative need
and shall be conducted in a responsible manner without detriment to
surrounding lots and neighborhood.
(b)
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 within a minimum height of eight feet and
a minimum opacity of 80%.
(c)
Lot area shall be determined on the basis of building size,
yard requirements, parking and access requirements and other applicable
standards, but in no case shall be less than 7,500 square feet plus
500 square feet for every resident over 10 residents.
(d)
A group care facility shall not be located within 1,000 feet
of another group care facility. Said distance shall be measured from
the lot line of one facility to the near lot line of the other facility.
(e)
Sufficient screening and buffering or parking areas must be
provided to protect the neighborhood from detrimental noise, dust,
and other disturbances.
(f)
For a use proposed to occupy an existing residential structure,
no exterior modifications except in rear and side yards shall occur
as part of said re-use. Such modifications shall not include enclosing
of porches or modifications of doors.
(2)
Group home.
(a)
The minimum area and bulk regulations for a group home or care
facility shall be the same as those required for all uses in the zoning
district in which the facility is located.
(b)
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 development that might affect the use of emergency
equipment between buildings may dictate a greater separation of structures.
(c)
Twenty-four-hour supervision shall be provided by staff qualified
by the sponsoring agency.
(d)
Adequate open space opportunities for recreation shall be provided
on the lot for the residents consistent with their needs. All open
space areas shall be secured by a fence with a self-latching gate.
(e)
When applicable, certification or licensing by the sponsoring
agency shall be prerequisite to obtaining a certificate of occupancy
and a copy of an annual report with evidence of continuing certification
shall be submitted to the Borough Zoning Office in January of each
year.
(3)
Mobile home park.
(a)
An office manager shall reside within the mobile home park.
(b)
Gross lot requirements. The following provisions shall apply
to the overall development.
[1]
Gross lot: two acres minimum.
[3]
Access points on streets: as specified in the Subdivision and
Land Development Ordinance.
[4]
Buffer yard: Each mobile home park shall be surrounded by a
buffer area at least 50 feet wide along the inside of the lot lines.
[5]
Side and rear yards of gross lot: 50 feet minimum from any mobile
home berth to any lot line.
[6]
Minimum setback of all mobile homes and accessory structures:
75 feet from any road, street or alley right-of-way adjacent to the
mobile home lot.
(c)
Net lot requirements.
[1]
Berth size: shall meet the minimum lot size of the district
as set forth by this chapter.
[2]
Open space: 400 square feet per berth, not to be located in
any required lot setback, buffer yard, or yard (berth) areas.
[3]
Buffer yard and lot setbacks: as specified above.
[4]
Distance between mobile homes: a total of 28 feet in both side
yards, with a minimum of 10 feet per side.
[5]
Sufficient screening and buffering or parking areas must be
provided to protect the neighborhood from detrimental noise, dust,
and other disturbances.
[6]
Each mobile home shall be provided with a minimum of two paved
parking spaces which shall be located on the mobile home space. If
on-street parking is not provided, one additional off-street parking
space per unit shall be provided in a common visitor parking compound.
Such visitor parking compounds shall be sized, arranged, and located
so that the spaces are within 300 feet walking distance to those units
served.
[7]
Each mobile home shall be placed on a six-inch-thick poured
concrete pad over a six-inch stone base, the length and width of which
shall be at least equal to the length and width of the mobile home
it is to support.
B.
Nonresidential land uses.
(1)
Adult oriented establishment.
(a)
The establishment shall not be located within 1,000 feet of
any lot that is zoned residential.
(b)
The establishment shall not be located within 500 feet of the
lot boundary of any existing school, day-care center, hospital, group
care facility, personal care boarding home, group home, public park
or playground, place of worship or establishment which is licensed
to serve and/or sell alcoholic beverages.
(c)
The establishment shall not be located within 500 feet of any
other existing or proposed adult-oriented establishment.
(d)
Persons or landowners and/or developers who intend to operate
an adult-oriented establishment shall obtain from the Borough the
applicable license to operate such an enterprise and pay to the Borough
an investigation fee as may be set from time to time by resolution
of the Borough Council. Applications, requirements and renewals associated
with licensing can be obtained at the Borough Planning Department
and shall be filed with the Borough Zoning Officer.
(e)
The establishment shall be initially licensed when it has met
the requirements set forth in this chapter.
(2)
Retail, large-scale.
(a)
Hours of operation shall be scheduled to minimize negative impacts
on surrounding residential neighborhoods.
(b)
Building setbacks shall be consistent with the existing building
setbacks of adjoining lots.
(c)
As a part of all land development, the landowner and/or developer
shall provide a plan for photometrics of the lot. Illumination on
a lot, when adjacent to a residential zoning district, shall be a
maximum of one footcandle. Lighting levels shall also be reduced by
1/2 their standard operating power, between 11:00 p.m. and 6:00 a.m.
(d)
A traffic flow plan acceptable to the Borough Engineer shall
demonstrate adequate associated circulation areas do not conflict
with existing Borough development and circulation patterns.
(3)
Banks
and financial institutions.
[Added 3-10-2020 by Ord. No. 2020-02]
(4)
Health/fitness
club.
[Added 3-10-2020 by Ord. No. 2020-02
(a)
The establishment must be located on an arterial or collector
street, including any provided off-street parking so as to not create
parking and traffic issues upon any surrounding streets or residential
developments.
(5)
Parking
lot or facility, public.
[Added 3-10-2020 by Ord. No. 2020-02]
(a)
If the parking facility is accessory to the principal use of
a lot, it shall be included in all impervious surface coverage calculations.
(b)
If a parking facility provides lighting, said lighting shall
be illuminated at a maximum of one footcandle at the lot line for
a lot constructed along Market Street. All other lots, if providing
lighting, shall be illuminated with a maximum footcandle of 0.0 when
measured at the lot line.
(c)
A parking facility shall not be located any closer to a right-of-way
line or a lot line than what is permitted by the parking setbacks
defined in this chapter.
(d)
The perimeter of a parking garage/structure shall be landscaped
with inclusion of tree continuous canopy along the parking lot perimeter
and understory plantings a mixture of 50% deciduous and 50% evergreen
within the buffer yard area.
(6)
Parking
lot, private.
[Amended 3-10-2020 by Ord. No. 2020-02]
(a)
The lot shall have a maximum of one identification sign not
exceeding two square feet per ingress/egress point.
(b)
Ingress/egress points must be designated so as not to impact
surrounding development and traffic patterns.
(c)
A parking facility shall be illuminated at a maximum of 0.5
footcandle. The lot shall be illuminated with a maximum footcandle
of 0.0 when measured at the lot line.
(d)
A parking facility shall not be located any closer to a right-of-way
line or a lot line than what is permitted by the parking setbacks
defined in this chapter.
(e)
The perimeter of a parking garage/structure shall be landscaped
with inclusion of tree continuous canopy along the parking lot perimeter
and understory plantings a mixture of 50% deciduous and 50% evergreen
within the buffer yard area.
