[Ord. 778, 5/8/2012, § 1]
Any use which is permitted as a conditional use or a use by special exception in a district under the terms of this chapter (other than a change through Zoning Hearing Board action from a nonconforming use to another use not generally permitted in the district), shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.
[Ord. 778, 5/8/2012, § 1]
1. 
Where the Borough Council, in this chapter, has stated conditional uses to be granted or denied by the Borough Council pursuant to express standards and criteria, and pursuant to recommendation by the Planning Commission, the Borough Council shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. 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 deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
A. 
Submission of Application. The granting of a conditional use by the Borough Council shall be predicated upon the developer's submission of a written application demonstrating that the development or redevelopment for which the conditional use is sought:
(1) 
Will not endanger the public health and safety if located where proposed, and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.
(2) 
Meets all other requirements of this chapter in the zoning district where the use is proposed.
(3) 
Is in general conformity with the most recent Comprehensive Plan for Beaver Borough and in harmony with the area in which it is proposed.
(4) 
Is an appropriate use on the proposed site.
B. 
The applicant/developer shall submit three copies of drawings to scale. The drawings shall indicate the boundaries of his property, location of adjacent streets, the location and height of proposed buildings on the property, proposed grading and storm drainage, and location and number of proposed parking spaces and proposed curb cuts.
C. 
Application for Conditional Use Approval. An application for conditional use approval under the terms of this chapter shall be filed with the Zoning Officer and shall:
(1) 
Identify and describe the property and its location as to zoning district and present use.
(2) 
Reasonably describe the present improvements and any intended additions and changes to be made if the allowance of the conditional use is granted.
(3) 
Disclose the conditional use for which the application is being made and, by plan, map and description show how the property, as is or as it may be improved, meets or will meet the standards and criteria required in this chapter for such conditional use and how it meets or may be altered or changed to meet the "dimensional requirements" for such a zoning district as set forth in Appendix A[1] attached to this chapter.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
D. 
Action by the Planning Commission. Upon the filing of an application for a conditional use, the Borough Council shall submit each such conditional use application to the Planning Commission at least 30 days prior to Borough Council's scheduled public hearing on such conditional use, to provide the Planning Commission an opportunity to submit recommendations. Such recommendations shall be in writing with copies transmitted to the applicant and to the Borough Council.
E. 
The Borough Council shall commence a public hearing, pursuant to public notice, on a completed request, as determined by the Zoning Officer, for conditional use approval within 60 days from the date of receipt of the completed request, unless the applicant agrees in writing to a time extension. Each subsequent hearing shall be held within 45 days of the prior hearing unless otherwise agreed to by the applicant. Any party aggrieved by the schedule or progress of the hearings may apply to the Court of Common Pleas for judicial relief. The hearing shall be completed no later than 100 days after the completion of the applicant's case in chief, unless extended for good cause upon application to the Court of Common Pleas. The Borough Council may ask for additional information or continue the hearing, but shall render a written decision as indicated in this section within 45 days of conclusion of the hearing.
F. 
Action by Borough Council. The Borough Council shall, upon review of the Planning Commission's report, determine whether or not the conditional use is to be granted. If Council grants the conditional use, they shall instruct the Zoning Officer to issue a building/zoning permit for its construction. If the Council denies the conditional use, the owner/developer may reapply for the same use no sooner than one year after the date of denial or denial of appeal to the Beaver County Court of Common Pleas if filed within 30 days after notice of the decision is issued.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the GCW District.
A. 
An adult business may be established only in the GCW Gateway Commercial West District.
B. 
Persons or owners who intend to operate an adult business in Beaver Borough must obtain from the Borough a license to operate such an enterprise and must to the Borough Secretary an application investigation fee, established by Borough Council. Applicants for such licenses must furnish such information as is required on the license application form with completeness and accuracy. This form will be available at the office of the Borough Secretary.
C. 
No adult businesses may be located within 500 feet of a property boundary line of a pre-existing school, hospital, day care center, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, playground or church.
D. 
No adult business may be located within 500 feet of a property boundary line of another adult business.
E. 
Alcoholic beverages are not permitted on the premises of an adult business.
F. 
Any sign displayed by an adult business will, in addition to conforming to other applicable provisions of this chapter, be limited to the name of the business and its hours of operation and will not bear any pictorial or graphic designs.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the GCW District.
A. 
No storage, parking or display of vehicles shall be permitted within a required front or side yard area.
B. 
All vehicle storage and sales lots shall be paved with a bituminous, concrete or similar hard surface material.
C. 
All storage of parts and materials and servicing of vehicles shall be done within an enclosed structure.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the GCW District.
A. 
All storage of parts or materials shall be within an enclosed structure.
B. 
Except for fuel dispensing, all production, servicing and processing shall take place within completely enclosed buildings.
C. 
No more than three vehicles awaiting, or in process of being serviced or repaired, shall be stored except within an enclosed building.
D. 
All storage, handling and disposal of fuel, oil and similar substances shall be carried out in accordance with legal and accepted safety requirements.
E. 
Ingress and egress shall be designed so as not to create hazardous conditions or unnecessary congestion of traffic in the immediate area. A traffic circulation plan delineating all points of ingress and egress, required parking locations by individual spaces, on-site traffic circulation plan and vehicle stacking areas shall be included as part of the application for conditional use.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the R-2, SC and GCE Districts.
A. 
All rooms and related facilities provided for transient guests shall be normal integral components of the principal dwelling unit. The owner of the facility must reside therein.
B. 
No facilities, such as cooking accommodations or similar amenities, other than those provided for the normal use of the principal dwelling unit, shall be provided for transient guests.
C. 
No more than six guest sleeping rooms shall be available or utilized concurrently for transient guests in any facility.
D. 
The size of each individual guest sleeping room utilized for transient guests shall be a minimum of 100 square feet.
E. 
Maximum occupancy shall not exceed 12 guests.
F. 
Service of meals shall be limited to breakfast only to overnight transient guests.
G. 
Off-street parking spaces, as specified in Part 16 of this chapter, shall be provided to the rear of the principal structure regardless of building orientation on a recorded lot and shall not be sited within any required front or side yard setback areas, unless the lot is a corner lot, in which the off-street parking shall be located on the opposite side of the main front entrance of the building.
[Amended by Ord. No. 862, 10/10/2023]
H. 
Signs shall be limited as specified in Part 16 of this chapter for the district.
I. 
Only normal residential yard and structure lighting appropriate for residential purposes shall be permitted.
J. 
As part of this conditional use application process, the Chief of the Borough Fire Department, or the designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structural layout and adequacy of smoke and fire alarm devices. No certificate of occupancy shall be issued prior to an unqualified approval of such authority. The owner shall make the premises available for reinspection by Borough authorities at any reasonable time.
K. 
[1]Overnight guests shall not occupy the facility for more than three consecutive nights in a thirty-day period.
[1]
Editor's Note: Former Subsection 1K, regarding persons engaged in the operation of a bed and breakfast establishment, was repealed by Ord. No. 862, 10/10/2023. This ordinance also renumbered former Subsection L as Subsection K.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the RC-2 District. Commercial and private parking facilities to serve RC-1 District uses.
A. 
No parking area shall utilize ground level space on parcels which front on Third Street between Beaver Street and Insurance Street.
B. 
No vehicular ingress or egress serving said parking area shall be permitted on Third Street between Beaver Street and Insurance Street.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the P District.
A. 
The communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system.
B. 
If the communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a 1/4 mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. A report with property owners' names and telephone numbers shall be submitted as verification. This would include smoke stacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other tall structures. Beaver Borough may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
C. 
The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.
D. 
Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:
(1) 
Thirty percent of antenna height.
(2) 
The minimum setback for principal structures in the zoning district.
(3) 
Forty feet.
E. 
Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height.
F. 
Landscaping. The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general soften the appearance of the cell site. Beaver Borough may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
(1) 
An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.
(2) 
In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
G. 
In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other communications companies, and local police, fire and ambulance companies.
H. 
The communications company must demonstrate that it is licensed by the Federal Communications Commission.
I. 
Antenna support structure under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulation. No antenna support structure may be artificially lighted except as provided for and required by the FAA.
J. 
A land development plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in the Beaver Borough Subdivision and Land Development Ordinance [Chapter 22]. The site plan shall not be required if the antenna is to be mounted on an existing structure.
[Ord. 778, 5/8/2012, § 1; as amended by Ord. 788, 4/9/2013, § 1]
1. 
Conditional use in the Public District.
A. 
Such use shall conform with § 27-1601, "Parking and Loading Standards."
B. 
No event facility use shall involve any activity or operation that adversely affects surrounding residential uses through any of the following conditions:
(1) 
Adversely changes the external character or appearance of any structure.
(2) 
Involves outside storage.
C. 
Signage shall conform with § 27-1602.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the R-2 District.
A. 
All activities shall be conducted in a privately-owned single-family residence on its own lot.
B. 
Activities shall be limited to functions normally associated with the part time tending of children on a for hire or fee basis and shall not include overnight rooming and boarding.
C. 
Activities shall be conducted within a home atmosphere that is void of any special facilities or appurtenances other than secure play areas and/or apparatus that are deemed to be normal single-family accessory uses within the immediate neighborhood. Safe off-street pick-up and drop-off areas shall be provided at the site.
D. 
The amount of children being provided day-care services at any given time must be in compliance with the limitations set by the Department of Human Services guidelines.
[Amended by Ord. No. 859, 10/10/2023]
E. 
Nothing in these provisions shall apply to non-hire child care and child tending activities within the context of normal family and acquaintance situations.
F. 
A submission of proof of registration and certification shall be required for approval.
[Added by Ord. No. 859, 10/10/2023]
G. 
All outdoor play areas shall be located in the side or rear yards only and have a fence or buffer in accordance with § 27-1402 of this chapter.
[Added by Ord. No. 859, 10/10/2023]
H. 
Hours of operation shall be limited to 6:00 a.m. to 8:00 p.m.
[Added by Ord. No. 859, 10/10/2023]
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the GCW District.
A. 
Points of vehicular ingress and egress shall be limited to adjacent thorough-fares having business-zoned frontage only.
B. 
The angle and siting of driveway intersections with adjacent thoroughfares shall be based upon safe traffic movements and shall be approved only following a positive report from the Borough Engineer.
C. 
A fence or wall shall be erected along all abutting properties. Said fence or wall shall be protected from potential damage from vehicles by means of properly installed freeway type metal bumper guards or equal protective measures.
D. 
Provisions shall be established and maintained on a continuing basis to control and eliminate litter on, and adjacent to, the site.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the R-2, SC and GCE Districts.
A. 
Any services shall be provided in a family environment.
B. 
The group residential facility shall not include business or professional offices (other than incidental offices), business activities, fraternal or social clubs, hospitals, clinics or other such activities.
C. 
The number of residents in any single group residential facility shall be limited to no more than eight persons, including client residents, staff and family of staff. Clients shall be limited to no more than six ambulatory persons.
D. 
Supervision shall be provided by responsible and appropriately qualified adults on duty, on the premises on a twenty-four-hour-a-day basis. A minimum of one such adult shall be in residence at the facility and on duty at all times.
E. 
Lot, yard, and all other dimensional requirements of the zoning district in which the facility is located shall be met. Each lot shall include a minimum 1,600 square feet of exterior open space which is maintained and suitable for passive and/or active recreational use.
F. 
In addition to basic residential parking requirements, parking facilities shall be provided at the rate of one off-street space for every two resident clients.
G. 
A group residential facility shall be located a minimum distance of 1,300 lineal feet radially from any other group residential facility.
H. 
As part of the conditional use application process, the Chief of the Borough Fire Department, or the designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structure layout and adequacy of smoke and fire alarm devices. No certificate of occupancy shall be issued prior to an unqualified approval of such authority.
I. 
Sanitary facilities, consisting of a sink, water closet and tub or shower shall be provided at a ratio of one each for every four inhabitants of the facility.
J. 
A dining area shall be provided which is of sufficient size to accommodate all clients and residents at a single seating.
K. 
A minimum of 72 square feet of contiguous sleeping and personal area shall be provided for each client. Said area, for purposes of this requirement, shall be computed exclusive of areas used for sanitary facilities, hallways, aisles, stairwells, and other circulation areas, storage areas, dining areas, kitchen and food preparation areas, game rooms and related recreation spaces, instruction areas and other common use space.
L. 
A license or certification shall be obtained from the Commonwealth of Pennsylvania, Department of Labor and Industry, Department of Public Welfare, and any other state or county agency having jurisdiction, prior to the issuance of a certificate of occupancy. In the event that an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the Borough Council that the proposal for establishing such a facility satisfies a demonstrated need and will be conducted in a responsible manner without detriment to surround properties.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the RC-1 District. Not exceeding a total structure height of 35 feet.
A. 
All ground floor area shall be devoted to a permitted commercial use, or uses, in the RC-1 District.
B. 
Outdoor areas, such as courtyards, passive recreation and other external use facilities, shall be screened for privacy from Third Street.
[Ord. 778, 5/8/2012, § 1; as amended by Ord. No. 860, 10/10/2023]
1. 
Conditional Uses in the R-1 and R-2 Districts.
A. 
The employees of a home-based business, low-impact, may include the residents of said dwelling and a maximum of one nonresident.
B. 
The use shall not create any additional environmental impact other than those impacts, including but not limited to road infrastructure, traffic, garbage, water and sewage, normally resulting from residential use.
C. 
The use shall not cause an increase in the use of water, sewerage, garbage, public safety or any other municipal services beyond that which is normal for an average residence in the neighborhood.
D. 
The use shall not require internal or external alterations or construction features which change the fire rating of the structure.
E. 
There shall be no use of materials or equipment except that of similar electrical power supply and type normally used in a residential dwelling for domestic or household purposes.
F. 
There shall be no storage of materials or equipment outside an enclosed building.
G. 
The conduct of any home-based business, low-impact, including but not limited to the storage of goods or equipment, shall not reduce or render unusable areas required for enclosed parking for the dwelling unit.
H. 
The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
I. 
All needs for parking generated by the conduct of a home-based business, low-impact, shall be provided for on the lot.
J. 
The home-based business, low-impact, shall not involve the use of vehicles in excess of one ton capacity or 9,000 pounds gross vehicle weight for delivery of materials to or from the premises, and such vehicles shall not be parked on the premises.
K. 
There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for pickup and/or delivery.
L. 
The home-based business, low-impact, shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the home is being used for business purposes other than a telephone listing or small classified ad briefly describing the service and providing only a telephone number.
M. 
The following uses shall not be considered to be home occupations and shall be limited to the districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception:
(1) 
Veterinary services.
(2) 
Automobile sales, rental, service and repair shops.
(3) 
Beauty shops and barbershops containing more than one chair.
(4) 
Hospitals, nursing homes, group living facilities.
(5) 
Kennels.
(6) 
Funeral homes.
(7) 
Private clubs.
(8) 
Private instruction to more than three students at a time.
(9) 
Restaurants.
(10) 
Keeping/boarding of horses for commercial enterprise.
N. 
Day care, as defined by this chapter, shall be considered a home-based business, provided that:
(1) 
All of the foregoing standards for a home-based business, low-impact, are met.
(2) 
An adequate area for outdoor recreation shall be provided and shall be secured by a fence with a self-latching gate.
(3) 
A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
O. 
Any approved home business, low-impact, which requires any type of public access to the dwelling must obtain all required approvals from the Pennsylvania Department of Labor and Industry.
P. 
Normal hours of operation shall be a maximum of 7:00 a.m. to 9:00 p.m. for customer/client traffic.
[Ord. 778, 5/8/2012, § 1]
1. 
Conditional use in the RC-1 District. Related on-site manufacturing of products in conjunction with general retail sales, crafts, food products and similar predominant retail functions and services.
A. 
A minimum of 75% of all products produced or manufactured on-site shall be sold at retail on-site.
B. 
All nonretail operations shall be accommodated in the rear portions of the structure and separate from retail activities.
C. 
All receiving, loading and handling of materials and products shall be conducted to the rear of the structure. No loading docks or vehicular activity associated with the manufacture of products shall be served or accessed from Third Street.
[Added by Ord. No. 839, 3/12/2019]
1. 
Dispensary, which, in addition to meeting the procedures set forth in § 27-1502 for a conditional use, must meet the following specific requirements:
A. 
The dispensing of medical marijuana can only be conducted by a dispensary permitted under Act 16.[1]
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
B. 
A dispensary may only dispense medical marijuana indoors in an enclosed and secure facility.
C. 
Any application for a conditional use must be accompanied by a security plan addressing the safety and security of the physical facility, personnel, and the public.
D. 
The lot or property line of a dispensary may not be located within 1,000 feet of the property line of the lot or property line of a public, private or parochial school or a day-care center.
E. 
A dispensary may sell medical devices and instruments which are needed to administer medical marijuana.
F. 
A dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same zoning district, as well as any additional special standards applicable to this use as may be required under Act 16.
2. 
Grower/processor, which, in addition to meeting the procedures set forth in § 27-1502 for a conditional use, must meet the following specific requirements:
A. 
A permit from the Pennsylvania Department of Health for the conduct of a grower/processor operation under Act 16 would be required as a condition of any zoning approval from the Borough.
B. 
The growing of medical marijuana can only be conducted by a grower/processor permitted under Act 16 and cannot be conducted separate from the processing activity.
C. 
A grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district, as well as any additional special standards applicable to this use as may be required under Act 16.
D. 
A grower/processor use is not considered as an agricultural use, but rather as a manufacturing use.
E. 
A grower/processor may only grow, store, harvest or process marijuana indoors in an enclosed and secure facility.
F. 
Any application for a conditional use must be accompanied by a security plan addressing the safety and security of the physical facility, personnel, and the public.
[Ord. 778, 5/8/2012, § 1]
1. 
Where the Borough Council, in this chapter, has stated uses by special exception to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such use by special exception in accordance with such standards and criteria. In granting a use by special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. A use by special exception shall not be granted by the Board unless and until:
A. 
A written application for a use by special exception is submitted demonstrating that the development:
(1) 
Will not endanger the public health or safety if located where proposed and that the use will not generate nuisance conditions such as traffic congestion, noise, dust, glare or vibration.
(2) 
Will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(3) 
Meets all requirements of this chapter in the zoning district where the use is proposed.
(4) 
Is in general conformity with the Comprehensive Plan for Beaver Borough and in harmony with the area in which it is proposed.
B. 
The developer shall submit drawings to the Board indicating the boundaries of the property, location of adjacent streets, the location and height of proposed buildings on the property with dimensions from property lines, access to the property and the location and number of proposed parking spaces.
C. 
The public hearing shall be held in accordance with § 27-1702.
D. 
The Board, before it grants a use by special exception, shall make findings of fact and state its reasons for granting the use by special exception. The Board shall have the authority to require and approve specific plans, to increase the requirements set forth in this chapter, but in no case shall the Board have the authority to decrease the requirements of this chapter for any use in the district it proposes to locate. Any such decrease in the requirements of this chapter shall only be granted upon the issuance of a variance.
E. 
All conditions required by the Board shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of special exception.
[Ord. 778, 5/8/2012, § 1]
1. 
Use by special exception in the R-2 and SC Districts.
A. 
All structures shall be a minimum of 20 feet from the closest property boundaries.
B. 
All points of vehicular ingress and egress shall be subject to the approval of the Zoning Hearing Board which shall consider:
(1) 
Adequacy of sight line distances to assure safety of vehicles making turning movements.
(2) 
Local traffic patterns and provision for off-site traffic movements.
C. 
No lighting, noise or other aspect of the proposed use shall produce a nuisance factor to adjacent residential properties.
[Ord. 778, 5/8/2012, § 1]
1. 
Use by special exception in the R-2 District and conditional use in the SC Districts.
A. 
Each dwelling unit shall contain a minimum of 600 square feet of gross floor area.
B. 
Each dwelling unit shall contain not less than one private bedroom and one additional habitable room in addition to private sanitation and cooking facilities.
C. 
The Chief of the Borough Fire Department, or designated agent thereof, shall inspect the premises to evaluate access, fire hazard potential, fire escape provisions, structural lay out and adequacy of smoke and fire alarm devices.
D. 
A maximum of three dwelling units shall be permitted in any single structure.
E. 
No outside stairways shall be constructed except to serve as fire escapes.
F. 
One and a half off-street parking spaces shall be provided for each dwelling unit, plus not less than two spaces for visitor or common use parking (see § 27-1601, Subsection 5)5).
[Ord. 778, 5/8/2012, § 1]
1. 
Use by special exception in the SC District and conditional use in RC-1.
A. 
A public restroom shall be provided on the premises.
B. 
Ingress and egress to the public access area shall be ADA compliant.
C. 
Off-street parking requirements shall comply with the ratio described in § 27-1601, Subsection 5B(4).
[Ord. 778, 5/8/2012, § 1]
1. 
Use by special exception in nonresidential districts.
A. 
The Zoning Hearing Board shall consider the size, characteristics and impact of the sign on abutting residentially zoned land.
B. 
Such signs shall not be internally illuminated.
[Added by Ord. No. 827, 7/11/2017]
1. 
Conditional Use in the GCW District.
A. 
Beverage Production Lot Size/Development Scale.
(1) 
Microbrewery, Limited Winery, Limited Distillery. If the use is situated on its own lot, the minimum lot area for the use shall be 6,000 square feet. If the use occupies a tenant space or series of tenant spaces that are part of a multi-tenant building on a lot(s), the minimum building square footage associated with the use shall be 1,200 square feet.
(2) 
Large Brewery. If the land use is on its own lot, the minimum lot area for the use shall be 8,000 square feet. If the use occupies tenant spaces or series of tenant spaces that are part of a multi-tenant building on a lot(s), the minimum building square footage associated with the use shall be 1,500 square feet.
B. 
Any conditions imposed upon the establishment related to proximity from any specified land uses shall be set forth by the Pennsylvania Liquor Code[1] and the Pennsylvania Liquor Control Board.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
C. 
If parking is provided on the lot, at least one primary point of vehicular ingress and egress shall be provided. The point of ingress and egress shall be designed as part of the break within a continuous evergreen hedge planted at the lot line where said ingress/egress is located.
D. 
If provided on the lot, parking areas shall be screened from view of neighboring lots or those directly across the street from the lot with a continuous, compact evergreen hedge that is at least three feet in height or a continuous line of deciduous or evergreen trees that are at least six feet in height at the time of planting. The landscape areas shall be a minimum of five feet wide.
E. 
If abutting a residential land use, a bufferyard shall be required along the lot line that separates the two lots. This bufferyard shall contain a minimum of one row of plantings. Each row shall consist of a mixture of deciduous and evergreen trees which are a minimum of 60% evergreen spaced within the row 10 feet apart, measured from the vertical center lines of adjacent trees. This bufferyard shall be a minimum of five feet wide.
F. 
Illumination, when measured at the property line, shall be a maximum of zero footcandles.
G. 
If located within 75 linear feet of a residential property line, all off-street parking areas shall reduce exterior lights from standard operating power to half-power after 10:00 p.m.
H. 
Dumpsters and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No dumpsters 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. No dumpster shall be located within 20 feet of any property line.
I. 
To minimize conflicts and promote public health and safety, the storage palettes, loading-related equipment, and production-related materials shall be contained within an enclosed and covered structure that is connected to the principal building.
J. 
Outdoor Seating Area.
(1) 
A designated outdoor seating area, designed to be integral with the principal building, is permitted and shall be no larger than 10% of the entire lot and shall only be accessible through the inside of the facility.
(2) 
The outdoor seating area shall be entirely enclosed by fencing or landscaping and shall comply with all standards as required by the Pennsylvania Liquor Control Board.
(3) 
The outdoor seating shall only be located within the side or the rear yards of the lot.
(4) 
The outdoor seating area shall comply with all setback regulations required for the principal building.
K. 
If the establishment fills reusable take-home containers, more commonly known as "growlers," the establishment shall dedicate at least four parking spaces for short-term parking for growler filling. The maximum amount of time for short-term parking shall not exceed 20 minutes, but the hours in which this short-term parking is enforced shall be determined by the establishment. Signage shall be required to delineate these short-term parking spaces.
L. 
The establishment shall not have a drive-through facility.
M. 
Outdoor entertainment shall not be permitted on the premises.
[Added by Ord. No. 861, 10/10/2023]
1. 
Conditional Use in the GCW District.
A. 
The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
B. 
There shall be no outside storage of customer goods permitted on the lot.
C. 
There shall be no hazardous materials, flammable items and otherwise noxious material permitted to be stored on the lot, e.g. explosives, fireworks, ammunition, etc.
D. 
Customers shall not be permitted to operate a business or equipment within a self-storage unit.
E. 
The size of each self-storage unit shall not exceed 500 square feet.
F. 
The size of each lot will be 0.25 of an acre at minimum and 0.50 an acre at maximum.
[Added by Ord. No. 861, 10/10/2023]
1. 
Conditional Use in the GCW District.
A. 
Vehicular maneuverability shall be able to be done on-site and therefore a vehicular maneuverability plan shall be provided along with the application.
B. 
All parking areas shall have screening being six feet in height.
C. 
All parking and loading areas shall be paved using a bituminous paving or other hard surface such as concrete, brick or paver stone.
D. 
There shall be no outdoor storage of any material or equipment permitted on-site. All equipment shall be stored in a semiclosed or closed structure.
[Added by Ord. No. 861, 10/10/2023]
1. 
Conditional Use in the GCW District.
A. 
Vehicular maneuverability shall be able to be done on-site and therefore a vehicular maneuverability plan shall be provided along with the application.
B. 
All parking areas shall have screening being six feet in height.
C. 
All parking and loading areas shall be paved using a bituminous paving or other hard surface such as concrete, brick or paver stone.
[Added by Ord. No. 862, 10/10/2023]
1. 
Short-term rentals shall be a conditional use in all zoning districts subject to the following and Borough Council approval:
A. 
The use shall be accessory to a residential dwelling unit identified as the principal use of the lot.
B. 
The dwelling must be the permanent address of the owner, and the owner must occupy the dwelling for at least 180 days of the calendar year.
C. 
All activity at the short-term rental shall be subject to enforcement of the Borough's noise, nuisance and property maintenance-related ordinances, including but not limited to performance standards and property maintenance.
D. 
As required by the Borough, the unit shall be identified to the Borough for its inclusion on the Borough's rental registry.