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.