[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
attached to this chapter.
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. Overnight guests shall not occupy the facility for more
than three consecutive nights in a thirty-day period.
[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.
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.
[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:
(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.
(8)
Private instruction to more than three students at a time.
(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.
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 and the Pennsylvania Liquor Control Board.
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.