Ben Avon City Zoning Code
ARTICLE VII
Conditional Uses
§ 2000-700 Procedure.
[Ord. 738, 8/18/2009]
See Article XI. Conditional uses are subject to general standards and criteria set forth in this Ordinance as well as to the express standards and criteria set forth for specific conditional uses in this Article.
§ 2000-701 Apartments, High-Rise.
[Ord. 738, 8/18/2009]
High-rise apartments shall be a permitted conditional use subject to the following conditions and/or standards:
A.
Parking spaces shall be located no more than 300 feet from the high-rise apartment's primary entrance.
B.
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
C.
The means of a building's ingress and egress shall meet requirements as outlined in the applicable Borough's Building Code.
D.
A twelve-foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
E.
All dumpsters and/or waste collection areas shall be located on the interior of the high-rise apartment structure.
F.
The primary vehicular entrance to a high-rise apartment development shall, at a minimum, have direct access to a collector road.
G.
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
H.
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one foot candle.
I.
Bufferyards between apartment development and any other adjacent residential lot shall be increased by 10 feet in addition to the required bufferyard width. Landscaping, within this additional width, shall be provided according to spacing, quantity and type of plants specified by the applicable Borough.
J.
Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical (3:1) ratio.
K.
If the parking area for a high-rise apartment development is adjacent to a single-family residential lot and demands greater than 10 automobiles, the following shall apply:
(1)
An additional ten-foot bufferyard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots:
(a)
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas.
(b)
A mound, a minimum of 3 1/2 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical (4:1) change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest not including turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.
§ 2000-702 Group Care Facility.
[Ord. 738, 8/18/2009]
A group care facility shall be a permitted conditional use subject to the following conditions and/or standards:
A.
Off-street parking facilities shall be provided at the ratio of one space for every one full-time staff member and an additional space for every two non-staff residents who are eligible and are permitted by the sponsor to operate a vehicle.
B.
A maximum of five residents shall occupy said facility.
C.
Whenever a party or parties seeks to occupy a dwelling or other building as a group residence, the party or parties shall file a detailed statement of intent with the Tri-Borough Communities describing the proposed use of the dwelling or building. Such statement shall detail the proposed number and nature of the anticipated occupants. A license or certification shall also be obtained from the Commonwealth of Pennsylvania or the respective Borough prior to issuance of an occupancy permit. If an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the applicable Zoning Hearing Board that the proposal satisfies a demonstrative need and shall be conducted in a responsible manner without detriment to surrounding properties.
D.
A group residence shall be initially licensed, where it has met the requirements set forth by the Tri-Borough Communities and the Borough in which it is located, through December 31 of the year in which the license is issued. For each year thereafter if the group residence intends to continue its business, it must renew its license. The application for renewal is due in the respective Borough office no later than the annual date set by each respective Borough for the year proceeding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Borough to deny or revoke an occupancy permit for the group residence.
E.
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped bufferyard, fence or wall within a minimum height of eight feet and a minimum opacity of 80%.
§ 2000-703 Halfway House.
[Ord. 738, 8/18/2009]
A halfway house shall be a permitted conditional use subject to the following conditions and/or standards:
A.
Whenever a party or parties seeks to occupy a dwelling or other building as an adult halfway house, the party or parties shall file a detailed statement of intent with the Borough office describing the proposed use of the dwelling or building; such statement shall detail the proposed number and nature of the anticipated occupants. The part or parties shall obtain a license or certification from the Commonwealth of Pennsylvania or Allegheny County prior to issuance of an occupancy permit. If an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the applicable Zoning Hearing Board that the proposal satisfies a demonstrative need and shall be conducted in a responsible manner without detriment to surrounding properties.
B.
An adult halfway house shall be initially licensed, where it has met the requirements set forth by Allegheny County, through December 31 of the year in which the license is issued. For each year thereafter if the adult halfway house intends to continue its business, it must renew its license. The application for renewal is due to Allegheny County no later than November 1 of the year proceeding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the County to deny or revoke an occupancy permit for the adult halfway house.
C.
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped bufferyard, fence or wall with a minimum height of eight feet and a minimum opacity of 80%.
§ 2000-704 Mobile Home Park.
[Ord. 738, 8/18/2009]
A mobile home park shall be a permitted conditional use subject to the following conditions and/or standards:
A.
Gross Lot Requirements.
(1)
Gross Lot. Ten acres or 435,600 square feet minimum.
(3)
Access Point on Existing Street. As specified in the applicable Subdivision and Land Development Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
(4)
Buffer Area. 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. Fifty feet minimum from any mobile home berth to any lot line.
(6)
Minimum Setback of All Mobile Homes and Accessory Structures. Seventy-five feet from any right-of-way road and adjacent to the mobile home lot.
B.
Net Lot Requirements.
(2)
Open Space. Four hundred square feet per berth, not to be located in any required lot setback, buffer area, or yard (berth) areas.
(3)
Buffer Areas 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.
C.
The applicant shall comply with any additional standards, as defined by the applicable Zoning Hearing Board that are needed to protect public health, safety and welfare or to address unique characteristics of a particular lot.
§ 2000-705 Nursing Home.
[Ord. 738, 8/18/2009]
A nursing home or life care facility shall be a permitted conditional use subject to the following conditions and/or standards:
A.
The minimum site area required for nursing/convalescent care shall be one acre.
B.
The site shall be served by public water and public sewers.
C.
All nursing/convalescent care facilities shall be licensed by the Commonwealth of Pennsylvania.
D.
Water pressure and volume shall be adequate for fire protection and shall be referred to the applicable local fire company for review and comment.
E.
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles. A twelve-foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the lot or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures. The parking and circulation plan shall be referred to local fire companies for comments regarding traffic safety and emergency access.
F.
Nursing/convalescent care facilities shall have a bed capacity of at least 20 beds but no more than 200 beds.
G.
All property lines adjoining an existing residential use or residential district zoning classification shall, at a minimum, be screened per regulations set forth in this Ordinance.
H.
Any development shall be provided with public sewage as approved by the applicable Borough.
§ 2000-706 Personal Care Home.
[Ord. 738, 8/18/2009]
A personal care home shall be a permitted conditional use subject to the following conditions and/or standards:
A.
The site shall be served by public water and public sewers.
B.
All personal care homes shall be licensed by the Commonwealth of Pennsylvania.
C.
Water pressure and volume shall be adequate for fire protection and shall be referred to the applicable local fire company for review and comment.
D.
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles. A twelve-foot wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the lot or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures. The parking and circulation plan shall be referred to local fire companies for comments regarding traffic safety and emergency access.
E.
All property lines adjoining an existing residential use or residential district zoning classification shall, at a minimum, be screened by a ten-foot bufferyard as defined by this Ordinance.
F.
Any development shall be provided with public sewage as approved by the applicable Borough.
§ 2000-707 Check Cashing Services.
[Ord. 738, 8/18/2009]
A check cashing service shall be a permitted conditional use subject to the following conditions and/or standards:
A.
A check cashing service shall not be located within 1,000 feet of any tavern or bar.
B.
A check cashing service shall operate between the hours of 9:00 a.m. and 7:00 p.m.
C.
No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.
§ 2000-708 Cinema.
[Ord. 738, 8/18/2009]
A cinema shall be a permitted conditional use subject to the following conditions and/or standards:
A.
A traffic impact study shall be required to be submitted where the proposed cinema which according to the Institute of Transportation Engineers (ITE) standards will generate 100 trips in addition to the adjacent roadway's peak hour volumes.
B.
An additional 10 feet of yard setback with a landscape screen in conformance with the bufferyard requirements of this Ordinance. The intention of the Bufferyard shall be to protect the surrounding neighborhood from inappropriate light and other disturbances.
C.
All parking areas adjacent to an existing residential lot shall provide a screen with a minimum height of six feet. Screens shall be constructed as earth berm, landscaped bufferyards, fence or wall and should have a minimum opacity of 80%.
D.
Service areas maintenance areas/facilities and dumpster areas shall be screened from adjacent residences with a screen with a minimum height of eight feet. Screens shall be constructed as earth berm, landscaped bufferyards, fence or wall and shall have a minimum opacity of 80%.
E.
Exterior lighting for parking areas visible from adjacent residences shall be reduced to 50% luminosity after 11:00 p.m.
§ 2000-709 Communications Tower.
[Ord. 738, 8/18/2009]
Communication towers shall be a permitted conditional use subject to the following conditions and/or standards:
A.
Use Regulations.
(1)
A telecommunication tower with antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure, is permitted as a conditional use in designated Zoning Districts. The height of the antenna shall not exceed the height of the existing structure by more than 10 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required.
(2)
A telecommunication tower that is not mounted on an existing structure or that is more than 10 feet higher than the structure in which it is mounted, is only permitted as a conditional use in designated Zoning Districts.
(3)
All other uses ancillary to the communication tower and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the communication tower unless otherwise permitted in the Zoning District in which the communication tower is located.
B.
Standards of Approval.
(1)
The owner of the communication tower is required to demonstrate, using technological evidence that this tower must go where it is proposed, in order to satisfy its function in the company's grid system.
(2)
If the communication tower owner proposes to erect a new 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. This would include smoke stacks, water towers, tall buildings, antenna support structures of other communication phone companies, other communications (fire, police, etc.), and other tall structures. The 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.
(3)
Tower Height. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily. No communication tower that is taller than this minimum height shall be approved.
(4)
Setbacks from the base of the communication tower support structure. If a new communication tower support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure and any lot line, road or highway shall be 115% of the tower's height with the minimum setback equal to 25 feet.
(5)
The communication tower must be erected to comply with manufacturer requirements and accepted engineering standards.
(6)
The communication tower shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified documentary evidence that the proposed structure will withstand wind, snow, ice and other natural forces. The applicant shall also demonstrate that the proposed tower and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, radio frequency, falling ice or other debris. The communication tower shall meet radio emission standards adopted by the Federal Communications Commission (FCC).
(7)
The communication tower, or the yard area containing the communication tower, shall be protected and secured to guarantee the safety of the general public. Fencing shall consist of galvanized chain link, eight feet in height, and installation of anti-climbing safety devises will be required at a minimum to demonstrate compliance with this subsection. Associated supports and guide wires shall not be located within the required setbacks.
(8)
The applicant shall submit to the Joint Planning Commission a site plan or survey of the lot certified by an Engineer or Architect. The applicant must also submit a fencing and landscaping plan with the application for conditional use.
(9)
Only one communication tower shall be permitted per lot.
(10)
The communication tower in its operation will not endanger the health, safety and welfare of the public.
(11)
The applicant will provide, at the Tri-Borough Communities' request, copies of FCC licenses for all users of the facility. Conditional use approval is contingent upon the maintenance of FCC licenses for all users of the communications facility. Any grant of conditional use hereunder will automatically expire if said license ever expires.
(12)
Communication tower owners shall be responsible for removing all communication towers whose licenses have expired. Removal of the tower shall occur within one calendar year following the expiration date of the license.
(13)
All lighting, other than that required by the Federal Aviation Administration (FAA) shall be shielded and reflected away from adjoining lot.
(14)
Landscaping. Outside of the required fencing, a landscaping screen of evergreen trees planted 10 feet on center and a minimum six feet in height shall be required.
(15)
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 cellular phone companies, and police, fire and ambulance companies.
(16)
Communication tower and support structures fewer than 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Where a communication tower and support structure are located within existing woodland, the communication tower and support structure shall be painted dark green. Support structures 200 feet in height or taller, or those near airports, shall meet all FAA regulations and shall be painted as per FAA recommendations. No communication tower support structure may be artificially lighted except when required by the FAA.
C.
Additional Standards. In addition to the foregoing, the following standards shall also apply to communication towers and the applications for conditional use:
(1)
All conditional uses approved under this Section will automatically lapse if not used for six continuous months. The party responsible for erecting such tower will be responsible for all the costs associated with the removal. The applicant must also provide proof of purchase of a demolition bond, to be used in the event of abandonment and to be renewed annually, equal to 75% of construction cost.
(2)
Inspection. The Borough Council may require periodic inspections of communication towers to insure structural integrity. Such inspections may be required by owners as follows:
(3)
Inspections shall be conducted by an Engineer licensed by the Commonwealth of Pennsylvania. The result of such inspections shall be provided to the Borough. Based upon results of an inspection, the Borough or Tri-Borough Communities may require repair or removal of a communication tower.
(4)
Equipment in a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise, or safety impact of such maintenance. Where the site abuts or has access to a collector and local street, access for maintenance vehicle shall be exclusively the means of the collector street. A surfaced and maintained driveway with parking inside the fence boundaries must also be constructed.
(5)
When lighting is required and permitted by the FAA or other federal or state authority, it shall be oriented inward so as not to project onto a surrounding lot.
(6)
Prior to the site plan certification, the applicant shall provide documentation that the proposed communication tower has been reviewed and is not determined to be a hazard by the FAA or the Allegheny County Department of Aviation (ACDA). The ACDA shall review the communication tower application to determine if it is a hazard to any FAA flight paths.
(7)
Applicants will be required to execute a developers agreement with the applicable Borough Council.
§ 2000-710 Consignment Store.
[Ord. 738, 8/18/2009]
A consignment store shall be a permitted special exception subject to the following conditions and/or standards, in addition to those listed in § 2000-600:
A.
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
B.
Building and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
C.
Outside storage of materials shall be prohibited.
D.
All dumpsters shall be screened with a minimum eight-foot high fence or hedge with a minimum 80% opacity.
E.
Buffering of parking and loading areas shall be provided in accordance with this Ordinance.
§ 2000-711 Correctional Facility.
[Ord. 738, 8/18/2009]
A correctional facility shall be a permitted conditional use subject to the following conditions and/or standards:
A.
The number of occupants and/or residents shall not exceed that which permitted by local and County building/fire codes.
B.
Access for emergency response shall be clearly distinguished and provided so as no parking or circulation of visitor or employee traffic blocks such access.
C.
No correctional facility shall be closer than 1,000 feet from another licensed correctional facility or from any property designated on official zoning map as residential.
D.
Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the bufferyard requirements of this Ordinance.
E.
To the greatest extent possible, all outdoor lighting shall be directed downward and on to the site. A lighting plan identifying the location, direction, wattage in lumens and potential impacts of any lighting required to extend beyond the boundaries of the lot line shall be submitted.
§ 2000-712 Crematorium.
[Ord. 738, 8/18/2009]
A crematorium shall be a permitted conditional use subject to the following conditions and/or standards:
A.
Any an all odors and smoke generated as part of a crematorium operation shall be in conformance with the regulations set forth in this Ordinance.
B.
Loading areas/docks shall be screened with either landscaping or fencing from neighborhood uses.
C.
No outdoor storage shall be permitted on a lot associated with a crematorium.
§ 2000-713 Drive-In Theater.
[Ord. 738, 8/18/2009]
A drive-in theater shall be a permitted conditional use subject to the following conditions and/or standards:
A.
The lot shall have direct access to a State highway.
B.
The location of entrances shall be clear and well marked, and circulation within the parking area shall be obvious.
C.
Maximum unobstructed sight distances shall be available for motorists entering as well as leaving the premises.
D.
Lighting of parking areas shall adhere to lighting requirements in this Ordinance, required provisions pertaining to lighting and glare for all districts.
E.
Parking and truck loading areas shall be screened from view from the adjacent residential properties.
F.
In the case of drive-in theaters, the screen shall be oriented away from the highway, and the ticket building shall be located so that at least two rows of 10 cars each may line up on the premises approaching the building.
§ 2000-714 Food Processing Facility.
[Ord. 738, 8/18/2009]
A food processing facility shall be a permitted conditional use subject to the following conditions and/or standards:
A.
Any and all odors and smoke generated as part of food processing shall be in conformance with the regulations set forth in this Ordinance.
B.
All food processing activities shall be in compliance with Allegheny County Health Department regulations.
C.
The Allegheny County Health Department and the applicable Zoning Officer reserve the right and shall be permitted to inspect operations and facilities without prior notice.
D.
Loading areas/docks shall be screened as per the regulations set forth in this Ordinance.
E.
No outdoor storage shall be permitted on a lot associated with food processing.
§ 2000-715 Junkyard.
[Ord. 738, 8/18/2009]
A junkyard shall be a permitted conditional use subject to the following conditions and/or standards:
A.
The minimum lot area shall be 10 acres.
B.
The premises shall be maintained so as to not constitute a nuisance or a menace to public health and safety.
C.
No garbage, organic waste, petroleum products or hazardous waste shall be stored, buried or disposed of on the premises.
D.
The manner of storage of junk shall be arranged in such a fashion that aisles of a minimum width of 25 feet between rows of junk are maintained in order to facilitate access for fire fighting and to prevent the accumulation of stagnant water.
E.
Junkyards shall comply with the performance standards of this Ordinance.
F.
No junk shall be stored or accumulated and no structure shall be constructed within 100 feet of any existing residential lot or within 40 feet of any property line or public right-of-way.
G.
The premises shall be enclosed by a metal chain link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be located within the interior of the bufferyard a twenty-five-foot wide landscaped bufferyard. All other property lines shall provide a fifteen-foot wide landscaped bufferyard. Bufferyards shall be planted with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.
H.
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.
I.
The fence shall be supplemented with screening material which creates a visual barrier that is 100% opaque.
J.
The applicable Zoning Officer may inspect the property at any time. The applicable Zoning Officer shall notify the operator 48 hours before such inspection shall take place.
K.
The manner of storage of junk shall be arranged in such a fashion that it shall not be higher than the adjacent fence.
L.
The owner(s) and operator(s) of a junkyard shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
M.
The Joint Planning Commission may attach additional conditions pursuant to this section, in order to protect the public's health, safety, and welfare. These conditions may include but are not limited to increased setbacks.
§ 2000-716 Medical Clinic.
[Ord. 738, 8/18/2009]
A medical clinic shall be a permitted conditional use subject to the following conditions and/or standards:
§ 2000-717 Mobile Home Park.
[Ord. 738, 8/18/2009]
A mobile home park shall be a permitted conditional use subject to the following conditions and/or standards:
A.
Gross site area shall be a minimum of 10 acres.
B.
Proposed mobile home parks shall comply with all applicable provisions of State laws regulating mobile home parks and all applicable standards and regulations set forth in this Ordinance.
C.
Guest parking shall be provided in a common off-street parking area at the ratio of one parking space for every three mobile home lots.
D.
All lots shall be serviced by public and/or private sewer and water.
E.
All dumpster areas shall be screened from all lots and public right-of-ways. All screens shall be a minimum of eight feet high and shall have a minimum opacity of 80%.
F.
All mobile home parks shall provide sidewalks on both sides of a street (both public and private right-of-ways).
G.
The ground surface in all parts of each mobile home park shall be graded and equipped to drain all surface water in a safe and efficient manner. Exposed ground surfaces in all parts of each mobile home park shall be treated in a manner approved by the Joint Planning Commission which will effectively prevent soil erosion and prevent the emanation of dust during dry weather.
H.
Mobile Home Park Lot Requirements.
(1)
Gross Density. The maximum number of mobile home lots within each mobile home park shall be not more than eight lots per acre of the total area of the mobile home park.
(2)
Minimum Lot Area.
(a)
The minimum mobile home lot area shall be not less than 5,000 square feet of area. The minimum width of any mobile home lot shall be not less than 50 feet. The minimum length of each mobile home lot shall not be less than 100 feet.
(b)
Where on-lot sewage disposal is proposed, the minimum lot area shall be increased to a size sufficient to accommodate the proposed system or as required by the Pennsylvania Department of Environmental Protection and other distances required herein.
(3)
All mobile homes shall abut a street of the mobile home park's internal street system.
I.
Setbacks, Buffer Strips and Screening Requirements.
(1)
All mobile homes, auxiliary park buildings and other park structures shall be located at least 35 feet from the mobile home park boundary lines. The minimum buffer strip may be reduced to 25 feet if a suitable perimeter screening of plantings or fencing is provided and approved by the applicable Borough Council.
(2)
Mobile homes shall be located at least 50 feet from any auxiliary park buildings and any repair, maintenance or storage areas of buildings. The minimum distance between mobile homes shall be not less than 20 feet.
(3)
Minimum building setback lines shall be not less than 30 feet from the edge of the street right-of-way. Where applicable, side and rear building setbacks lines of at least 10 feet shall be established.
J.
Recreation and Open Space Requirements.
(1)
A minimum of 10% of the gross area of the mobile home park shall be provided for recreational space. This recreational space shall be suitable for varied outdoor recreational uses. The Applicant will present assurances related to the responsibilities for land ownership, the construction and/or purchase of facilities or other features, and the perpetual maintenance of the above.
K.
Parking Space Requirements.
(1)
A minimum of 1 1/2 off-street parking spaces per each mobile home lot within the development shall be provided within 200 feet of the mobile home lot to be served.
L.
Mobile Home Park Internal Street System Requirements.
(1)
The street system within a Mobile Home Park shall be designed and constructed according to required standards of local streets defined by the applicable Subdivision and Land Development Ordinance.
[Amended by Ord. No. 780, 8/31/2017]
M.
Mobile Home Lot Improvements.
(1)
Each mobile home lot shall be provided with a permanent frost-free foundation and each lot will have available adequate provisions, such as anchor bolts and tie-down straps, to assure that each mobile home has available to it a means of securing the home to its site.
(2)
Water and Sewer Systems. Water supply and sewage disposal system connections shall be provided to each Mobile Home lot within a Mobile Home Park. In addition, the Mobile Home Park shall meet all requirements of the applicable Subdivision and Land Development Ordinance with regard to said water and sewer systems.
[Amended by Ord. No. 780, 8/31/2017]
N.
No mobile home subdivision or land development shall be approved until it has satisfied all applicable ordinances or regulations of the municipality in which it is located.
§ 2000-718 Oil/Gas Well.
[Ord. 738, 8/18/2009]
An oil or gas well shall be a permitted conditional use subject to the following conditions and/or standards:
§ 2000-719 Rifle Range.
[Ord. 738, 8/18/2009]
A rifle range shall be a permitted conditional use subject to the following conditions and/or standards:
A.
A shooting schedule shall be filed with the applicable Zoning Officer. The shooting schedule shall describe hours of operation, schedule of events or meets, a description of where all required safety information is to be posted on the site.
B.
All outdoor rifle ranges shall provide a minimum setback of 500 feet from all adjoining property lines or public right of ways as defined by this Ordinance.
C.
A landscaped bufferyard of 40 feet in width shall be provided along all property lines that adjoin an existing residence or residential Zoning District. The bufferyard shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and groundcovers.
D.
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.
§ 2000-720 Sexually Oriented Business.
[Ord. 738, 8/18/2009]
A sexually oriented business shall be permitted conditional use subject to the following express standards and criteria:
A.
Permit Required.
(1)
No person may operate or be employed at a sexually oriented business without the appropriate license issued by the Borough pursuant to the Tri-Borough Communities' Adult Business Licensing Ordinance.
B.
Location of Sexually Oriented Businesses.
(1)
A person is guilty of a violation of this Ordinance if he operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a permitted use. No sexually oriented businesses shall be located outside a district in which a sexually oriented business is a permitted use.
(2)
A person is guilty of a violation of this Ordinance if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(3)
A person is guilty of a violation of this Ordinance if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 5,000 feet of another sexually oriented business.
(4)
A person is guilty of a violation of this Ordinance if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof; or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(5)
For the purpose of this Article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest lot line of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, child care facility or nursery school; or to the nearest boundary of an affected public park.
(6)
The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(7)
Any sexually oriented business lawfully operating on the date of enactment of this Section that is in violation of this Section shall be deemed a nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 5,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
(8)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming used by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private pre-elementary, elementary or secondary school, public library, child care facility, nursery school or public park within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
§ 2000-721 Tavern/Bar.
[Ord. 738, 8/18/2009; Ord. No. 798, 12/19/2023]
A.
A tavern/bar shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
B.
A tavern/bar's hours of operation and activities must be appropriately scheduled to protect the existing neighborhood from detrimental noise, disturbance or interruption.
C.
The owner(s) and operator(s) of a tavern/bar shall be responsible for the conduct and safety of the patrons.
D.
No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.
§ 2000-722 Tower, Non-Communications.
[Ord. 738, 8/18/2009]
A non-communications tower shall be a permitted conditional use subject to the following conditions and/or standards:
A.
The minimum lot area for a non-communications tower shall be two acres.
B.
The minimum setback of a non-communications tower from any lot line shall be equal to 100% of the non-communication tower's height.
C.
The landowner and/or developer shall complete a viewshed impact analysis as part of all potential non-communications tower development.
D.
The landowner and/or developer shall complete a biological resource survey to identify and determine what conflicts are likely to occur with birds or other sensitive biologic resources.
E.
The owner(s) and operator(s) of a non-communications tower shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
F.
All structures more than 200 feet in height shall have aircraft warning lights and comply with United States Federal Aviation Administration (FAA) requirements.
§ 2000-723 Water Storage.
[Ord. 738, 8/18/2009]
Water storage shall be a permitted conditional use subject to the following conditions and/or standards:
A.
No water storage tower shall exceed 250 feet in height.
B.
Water storage/towers shall be setback from adjacent property lines and/or right-of-ways a distance equal to 110% of the water storage/tower's height.
C.
The height of a water storage/tower shall be measured from the top of the foundation to the upper most point of the tower including any lights and/or antennae.
D.
Lighting shall be required for the water storage/tower as a safety measure for low-flying aircraft in accordance with all United States Federal Aviation Administration (FAA) regulations and approvals.
E.
Access driveways to water storage shall be paved with a minimum of two inches of slag or stone.
§ 2000-724 Wind Turbine, Commercial.
[Ord. 738, 8/18/2009]
A wind turbine shall be a permitted conditional use subject to the following conditions and/or standards:
A.
The minimum lot area for a commercial wind turbine shall be two acres.
B.
A wind turbine for residential use on a residential lot shall be considered an accessory use.
C.
The top of a commercial wind turbine shall not exceed 250 feet not including the blades. The top of a wind turbine located on a residential lot shall not exceed 75 feet in height including the blades.
D.
The minimum setback of a wind turbine from any lot line shall be equal to 100% of the wind turbine's height.
E.
Noise from any wind turbine shall not exceed 70 decibels when measured from a property line.
F.
The landowner and/or developer shall complete a view shed impact analysis as part of all potential commercial wind turbine development.
G.
The landowner and/or developer shall complete a biological resource survey to identify and determine what conflicts are likely to occur with birds or other sensitive biologic resources.
H.
The owner(s) and operator(s) of a wind turbine shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.
I.
All structures more than 200 feet in height shall have aircraft warning lights and comply with United States Federal Aviation Administration (FAA) requirements.
§ 2000-725 Medical Marijuana Grower/Processor.
[Added by Ord. No. 779, 8/31/2017[1]]
A Medical Marijuana Grower/Processor shall be a permitted conditional use subject to the following conditions and/or standards:
A.
The minimum lot area shall be 10,000 square feet.
B.
The minimum front yard setback shall be 75 feet.
C.
The minimum rear yard setback shall be 50 feet.
D.
The minimum side yard setback shall be 25 feet.
E.
Loading areas/docks shall be screened as per the regulations in this Ordinance.
F.
No outdoor storage shall be permitted on a lot associated with Medical Marijuana Growing/Processing.
§ 2000-726 All Other Uses.
[Ord. 738, 8/18/2009]
A use not expressly authorized in Table I as a permitted use, conditional use or special exception may be permitted as a conditional use upon the applicant's demonstration that the proposed use:
A.
Impacts the environment and adjacent streets and properties equal to or less than any use specifically listed in the Zoning District. In making such determination, the following characteristics shall be considered:
(1)
The number of employees.
(2)
The floor area of the building or gross area of the lot devoted to the proposed use.
(3)
The type of products, materials, equipment and/or processes involved in the proposed use.
(4)
The magnitude of walk-in trade.
(5)
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of this Ordinance.
B.
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.
C.
Is generally consistent with the Tri-Borough Comprehensive Plan and harmony with the area in which it is proposed.
D.
Complies with any applicable standards and criteria specified in this Article for the most nearly comparable conditional uses or use by special exception specifically listed in the Zoning District in which it is proposed.
E.
Is in compliance with all other standards of this Ordinance and all other applicable ordinances.