A written application for conditional use approval is submitted to the Zoning Officer or his/her designated representative no less than 10 working days prior to the regular meeting of the Planning Commission. The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The application shall include the following:

A written recommendation is received from the Borough Planning Commission or 45 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.

A public hearing is conducted by Borough Council pursuant to public notice and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application, unless the applicant has agreed in writing to an extension of time.

Each subsequent hearing before Borough Council shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, Borough Council shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And the applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Borough, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.

Borough Council shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him no later than the day following the date of the decision.

Where Borough Council fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearings as specified in Subsections C and D above, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of Borough Council to meet or render a decision as provided herein, Borough Council shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If Borough Council shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

In considering an application for conditional use approval, Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 1501 of this chapter.

A written application for approval of a use by special exception is submitted to the Zoning Officer or his/her designated representative. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:

A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application, unless the applicant has agreed, in writing, to an extension of time. Said hearing shall be conducted in accordance with the procedures specified by § 1409 of this chapter.

In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 1501 of this chapter.

If land development plan approval is required for the use by special exception, the application for approval of a land development required by the Borough Subdivision and Land Development Ordinance[2] shall be submitted to the Borough Planning Commission following approval of the use by special exception by the Zoning Hearing Board.

The use shall not endanger the public health, safety or welfare nor deteriorate the environment, as a result of being located on the property where it is proposed.

The use shall comply with the performance standards of § 1001 of this chapter.

The use shall comply with all applicable requirements of Part 10 providing Supplementary Regulations, Part 11 governing parking and loading, Part 12 governing signs and all other applicable provisions of this chapter.

Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.

Outdoor lighting, if proposed, shall be designed with cutoff luminaires that direct and cut off the light at a cutoff angle of 60° or less. (See the illustration in Appendix B.)[1] Spillover illumination shall not exceed 0.2 footcandle at the property line.

For all uses that are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.

Adult businesses, as defined by this chapter, shall not be permitted in any Zoning District other than the I Industrial, District.

All adult businesses shall comply with the requirements of Borough Ordinance No._____[1] as now or hereafter amended.

An adult business shall not be located within 1,000 feet of any of the following uses: a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or preschool facility; public park or residential dwelling. The distance shall be measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above-listed uses.

Any adult business, other than an adult motel, that exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space a film or videocassette or other video or image production or reproduction that depicts nudity or sexual conduct shall comply with the following:

If the adult business involves live performances, the performers shall not have easy access to the viewers present.

The owner and operator of any adult nightclub shall provide security officers, licensed under the laws of the commonwealth, if the maximum permitted occupancy exceeds 50 persons.

No stock in trade that depicts nudity or sexual conduct shall be permitted to be viewed from the sidewalk, street or highway.

No signs or other displays of products, entertainment or services shall be permitted in any window or other area that is visible from the street or sidewalk.

Windows shall not be covered or made opaque in any way.

Notice shall be given at the entrance stating the hours of operation and restricting admittance to adults only. The term "adult" shall have the meaning provided by applicable statutory law.

Owners and operators of adult businesses shall obtain a license to operate from the Borough. In addition, such owners or operators shall supply to the Borough such information regarding ownership and financing of the proposed business as is required by the Borough's licensing application. Applications for licensing shall be filed with the Borough Manager.

The adult business shall be initially licensed upon compliance with all requirements of this section and provisions of the required licensing application. For each year thereafter that the adult business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Borough Manager by November 1 of the year preceding the year for which renewal is sought. The lack of license or failure to renew such license in a timely manner shall be a violation of this chapter and shall be grounds for denial or revocation of the certificate of occupancy for the adult business.

The minimum site required shall be two acres.

The maximum dwelling unit density shall be 55 units per acre.

An assisted living facility shall include the following supporting uses:

In addition, an assisted living facility may include one or more of the following supporting uses, subject to approval by the Borough:

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines adjoining property in an R-1 or R-2 District.

Parking shall be provided for the dwelling unit in accordance with the requirements of Part 11 of this chapter. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.

Such use shall not be located any closer than 200 feet to any property in an R-1 or R-2 District.

Gasoline pumps shall be located no closer than 25 feet to any property line.

All lighting shall be shielded away from adjacent lots.

No permanent stand, rack or other apparatus shall be placed so as to project beyond any building line.

Such operations as car washing, waxing and greasing shall be conducted within an enclosed building.

There shall be no storage of wrecked or dismantled vehicles outside of a building, nor shall there be parking permitted on the lot of vehicles or trailers in excess of one automobile per employee and employer, plus three customers' vehicles per repair bay.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and accommodate peak demands without hazard or great delay.

Canopies shall be permitted to be constructed over gasoline pumps, provided that:

Minimum lot size shall be 15,000 square feet, and minimum lot frontage shall be 120 feet.

All car washing facilities shall be under a roofed structure that has at least two walls.

Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.

Standing spaces shall be provided in accordance with the requirements specified in § 903.10 for drive-through facilities.

The facility shall be connected to public water and public storm sewers.

Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.

Only one communications tower shall be permitted on a lot. The lot shall be under single ownership, and if several lots are utilized to meet the requirements of this § 903.5, the lots shall be consolidated into a single parcel.

The maximum height of a communications tower shall be 200 feet.

The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.

The setback from all property lines (excluding lease lines) required for the communications tower shall be 100% of the height of the tower.

Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures. Setbacks shall be measured from the lease lines.

Access shall be provided to the communications tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.

At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers.

The communications tower and all appurtenances, including guyed wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum eight-foot-high chain-link security fence with locking gate.

A landscaping screen shall be planted and maintained around the perimeter of the security fence. The landscaping shall be an evergreen hedge planted three feet on center maximum or a row of evergreen trees a minimum of six feet in height planted 10 feet on center minimum, or Borough Council may permit any combination of existing vegetation, topography, decorative walls and other features which achieve the same degree of screening as the required landscaping.

Communications towers shall be freestanding where the negative visual effect is less than would be created by a guyed tower. Communications towers shall have a galvanized finish or shall be painted silver. If there is heavy vegetation in the immediate area, the portion of the tower from base to tree line shall be painted green or brown to match the trees.

No antenna or communications tower shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).

The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.

The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-Manual, as amended.

Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:

All new communications towers shall be designed to structurally accommodate the maximum number of additional users technically practicable and foreseeable based on the available FCC licenses for the future. The applicant shall demonstrate this with technical information prepared by an expert. Borough Council may modify this requirement if it will result in an unusually negative impact on the surrounding area.

The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).

The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.

All activities, other than outdoor recreation, shall be conducted within a completely enclosed building, as defined by this chapter. Doors and windows shall remain closed during any time the entertainment is presented.

Any rental of the facility to non members shall require on-site management and/or security personnel during the event.

Activities on the site and within the building shall comply with the noise standards specified in § 1001.3 of this chapter.

All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.

Any community club that includes a swimming pool shall be further subject to the requirements of § 903.34 of this chapter.

Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any comparable use specifically listed in the zoning district. In making such determination, the Zoning Hearing Board shall consider the following characteristics of the proposed use:

The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.

The proposed use shall comply with any applicable express standards and criteria specified in this Part for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.

The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.

The use shall comply with the performance standards of § 1001 of this chapter.

The minimum lot area required shall be 20,000 square feet.

Operations shall comply with the performance standards of § 1001.

The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.

The use shall conform to the air quality regulations of the Allegheny County Health Department.

The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.

In the R-1 and R-2 Districts, the facility shall be permitted to be located only in a church or school.

Outdoor play areas shall be provided and shall be secured by a fence with self-latching gate.

Outdoor play areas that adjoin property containing an existing single-family or two-family dwelling shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.

The general safety of the property proposed for a day-care center or preschool facility shall meet the needs of small children.

One off-street parking space per each five clients shall be designed for safe and convenient loading and unloading of clients so that clients will not have to cross the parking area or lines of traffic.

In addition, one off-street parking space for each staff person and one parking space for each facility vehicle shall be provided.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in tandem, with a total length of 100 feet, in direct line with each window or stall, shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.

Entrances, exits and standing spaces shall be adequately indicated by directional signs, as authorized by Part 12 of this chapter.

Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the site.

Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimize congestion and the impact on local streets.

The minimum site required for an equipment storage yard shall be 20,000 square feet.

Any areas not paved with hard surface shall have a dust control plan that is submitted to the Borough Engineer for review and approval.

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

No repair of vehicles or equipment shall be permitted outside a completely enclosed building, as defined herein.

All operations shall comply with the performance standards of § 1001 of this chapter.

Engines shall not be started or kept running before 6:30 a.m. or after 8:00 p.m. if the site is located within 500 feet of an existing dwelling, measured from any site boundary to any wall of an existing dwelling.

All lighting shall be shielded and reflected away from streets and any adjoining residential properties.

A stormwater management plan to control runoff of surface water shall be submitted for review and approval by the Borough Engineer.

All of the applicable criteria for a home occupation specified in § 903.18 shall be met, except that there shall be no limitation on the percent of floor area of the dwelling that may be devoted to the family day-care home, and the family day-care home shall be deemed not to create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.

Evidence shall be submitted that all applicable requirements of the Pennsylvania Department of Public Welfare have been met, and continuing compliance shall be maintained.

An adequate and safe off-street area shall be provided for dropping off and picking up children that does not obstruct the free flow of traffic on any public street or require children to cross lines of traffic.

An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate.

The minimum lot area required shall be 10,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

All fire and emergency medical service vehicles shall be stored in a completely enclosed building, as defined herein.

Ingress and egress to and from the site shall be designed to minimize hazards for emergency vehicles entering the public street.

The site shall be adequately marked to indicate points of exit for emergency vehicles onto the public street.

Exterior security lighting shall be provided between dusk and dawn.

Off-street parking shall be provided in accordance with the requirements of Part 11 of this chapter and shall be located so as not to obstruct the circulation of emergency vehicles into and out of the site.

If a fire service building includes a rental hall or banquet facilities, the following criteria shall be met:

The minimum lot area shall be 10,000 square feet.

The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.

All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.

Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles without obstructing the free flow of traffic on adjoining streets.

The minimum area and bulk regulations for a group care facility, large personal care boarding home or transitional dwelling shall be the same as those required for "all other principal uses" in the zoning district in which the facility is located.

No group care facility, large personal care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group care facility, large personal care boarding home or transitional dwelling.

Adequate provisions shall be made for access by emergency medical and firefighting vehicles.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with self-latching gate.

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

If applicable, reasonable accommodations may be requested in accordance with the provisions of § 903.20 of this chapter.

All operations shall comply with the performance standards specified in § 1001 of this chapter.

All materials and equipment shall be stored within a completely enclosed building, as defined herein, or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot hedge or opaque fence.

Storage trailers which are accessory to a principal structure or use shall be permitted on the site if they are screened in a fixed location and are not used for hauling and provided that there is no display or sale of merchandise from the trailer and there is no office or other administrative use of the trailer.

No shipping or receiving shall be permitted within 300 feet of property in an R-1 or R-2 District between the hours of 6:00 p.m. and 8:00 a.m.

Parking and loading areas shall be suitably illuminated for night use, and all lighting shall be shielded and reflected away from streets and any adjacent residential property.

Watchman's facilities shall be permitted, if necessary for the security of the principal use, provided that such facilities shall not be utilized as a permanent dwelling unit.

Adequate provisions shall be made for efficient traffic circulation on the site and for access by public safety and emergency vehicles.

Off-street parking and loading facilities shall be provided in accordance with the requirements of Part 11 of this chapter.

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

All operations shall comply with the performance standards specified in § 1001 of this chapter.

Off-street parking and loading facilities shall be provided in accordance with the requirements of Part 11 of this chapter.

All materials and equipment shall be stored within a completely enclosed building, as defined herein, or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot hedge or opaque fence.

No shipping or receiving shall be permitted within 300 feet of property in an R-1 or R-2 Zoning District between the hours of 6:00 p.m. and 8:00 a.m.

Watchman's facilities shall be permitted, if necessary for the security of the principal use, provided that such facilities shall not be utilized as a permanent dwelling unit.

Retail sales or distribution of manufactured products shall be permitted as an accessory use to the principal manufacturing use when conducted within a completely enclosed building, provided that no more than 15% of the gross floor area of all buildings is devoted to retail sales or distribution and additional off-street parking is provided based on the ratio required by § 1102.4 of this chapter for retail sales and/or distribution.

Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

The home occupation shall be carried on by a member of the family residing in the dwelling unit.

No person other than residents of the dwelling or members of the immediate family shall be employed.

No more than 15% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.

A home occupation shall not be permitted to be conducted in any accessory structure.

The use shall not create any additional environmental impacts than those impacts normally resulting from residential use.

The use shall comply with the performance standards specified in § 1001 of this chapter.

The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.

The use shall not require internal or external alterations or construction features that are not customary to a dwelling or that change the fire rating of the structure.

There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.

There shall be no storage of materials or equipment outside a completely enclosed building, as defined herein.

The conduct of any home occupation, 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.

The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.

Any need for parking generated by the conduct of the home occupation shall be met off the street and on the lot other than in a required front yard.

The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be parked on the premises.

There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for off-site delivery only.

The home occupation 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.

The following are examples of permitted home occupations, provided that all of the foregoing criteria are met:

The following uses shall not be considered home occupations and shall be limited to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:

The acceptability of any proposed home occupation not specifically listed above shall be determined by Borough Council in accordance with the standards of this § 903.18 and the applicable criteria for comparable uses not specifically listed, in § 903.7.

The minimum lot area required for a hospital shall be one acre. The minimum lot area required for a medical clinic or nursing home shall be 20,000 square feet.

The site shall have direct access to an arterial or collector road, as defined by this chapter.

Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles and to minimize impact on local streets.

All hospitals and nursing homes shall be licensed by the commonwealth.

The required front and rear yards shall be 30 feet each; the required side yards shall be 10 feet each.

The maximum height of the structure shall be 45 feet.

Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.

Nursing homes shall not be considered dwellings and shall not be governed by the dwelling unit density requirements of the district in which they are located.

For a hospital, all property lines that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "A," as described in § 1002.1 of this chapter.

For a nursing home, all property lines that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.

All outdoor lighting shall be shielded away from streets and residential property.

Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

Persons having a claim for a reasonable accommodation under the Fair Housing Act or Americans with Disabilities Act shall submit a written request including, at a minimum, the following information:

In evaluating the request for reasonable accommodation, Borough Council, with the advice of the Borough Solicitor, shall consider the following:

The minimum site required shall be 10 acres.

The premises shall be maintained so as not to constitute a nuisance or menace to public health and safety.

No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.

The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 1501 of this chapter.

The manner of storage shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.

The junk yard operation shall comply with the performance standards of § 1001 of this chapter.

No junk shall be stored or accumulated and no structure shall be constructed within 100 feet of any dwelling or within 40 feet of any property line or public street.

The premises shall be enclosed by a stockade fence with self-latching gate not less than six feet in height.

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District or any property that contains an existing single-family or two-family dwelling. The required fence shall be located inside the buffer area.

The operator shall obtain a license from the Borough prior to initiating operations, which shall be renewable annually upon payment of the required license fee established from time to time by resolution of Borough Council and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.

Such uses shall be located at least 100 feet from any property line adjoining an existing residential lot and at least 50 feet from any other property line or public right-of-way as defined by this chapter.

The minimum lot area shall be two acres.

Outdoor animals runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or one-hundred-percent opaque fence on all sides which are visible from an existing residential lot or a public right-of-way.

If adjacent properties are developed as residential lots, the kennels shall be soundproofed to minimize noise impact on adjacent properties.

The kennel shall be licensed by the Commonwealth or Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth or Pennsylvania and the Allegheny County Health Department shall be maintained.

At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.

Approval shall be subject to periodic inspections to insure compliance with the conditions of approval. The Zoning Officer shall notify the operator 48 hours before such inspection shall take place.

All materials and equipment shall be stored within a completely enclosed building.

The use shall comply with all performance standards specified in this chapter.

The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.

Any outdoor storage conducted on the lot shall comply with the Borough standards.

Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light, or other disturbance or interruption.

An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.

The use shall not occur on a building first floor (street level) located between Bower Hill Road and James Street.

Facilities and equipment to support overnight boarding shall not be permitted.

Access for emergency response shall be clearly distinguished and provided so that no parking or circulation of visitor or employee traffic blocks such access.

All storage shall be within a completely enclosed building, as defined herein.

The minimum distance between separate freestanding storage buildings shall be 20 feet.

No door openings accessing storage units shall face property in an adjacent R-1 or R-2 District.

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

The perimeter of the site shall be fenced with a minimum eight-foot-high fence with self-latching gate. If a buffer area is required by Subsection D above, the fence shall be located so that the required buffer area plantings are between the property line and the fence.

The use of a mini warehouse or self-storage facility shall be limited to dead storage of goods not in active use. The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited, including propane or gasoline engine or storage tanks or any boat or vehicle incorporating such components.

Examples of activities prohibited in a mini warehouse or self-storage facility include, but are not limited to, the following:

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property containing an existing single-family or two-family dwelling.

Each apartment building shall provide a central room for garbage collection or incineration.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles and to minimize impact on local streets. All sides of residential buildings shall be accessible to fire trucks.

All portions of the property not covered by buildings, driveways, parking, pools, shelters, gazebos or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.

The design and orientation of the buildings on the property shall take into account compatibility with the visual impact on adjoining single-family residential properties, if any exist. The building and the property shall be effectively landscaped to minimize such impacts on adjoining residential properties.

On lots containing more than 50 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the prospective residents shall be provided subject to approval by Borough Council.

The use and operation of the use shall be accredited by the commonwealth.

The use shall be the sole occupant of the lot.

Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.

Parking areas shall be screened from view of neighborhood houses or those directly across the street from the lot.

Buildings shall be set back from one another, and residential occupancy shall be in conformance with this chapter.

The applicant shall demonstrate that all, or part, of the parking required for a proposed use or the expansion of an existing use cannot be met on the site of the use it is intended to serve.

Off-site parking shall be located within 1,000 feet of the use it is intended to serve.

If metered on-street parking spaces are located within 1,000 feet of the existing or proposed use, these on-street spaces may be used to satisfy 20% of the total number of off-site parking spaces required.

Evidence shall be provided that the owner of the site where the use is located has ownership and control of the site proposed for off-site parking or has executed a long-term lease or other acceptable legal agreement to guarantee the maintenance and continued use of the off-site parking. Any covenant executed to guarantee the maintenance of off-site parking shall be recorded in the office of the Allegheny County Recorder of Deeds.

In the event that off-site parking is proposed in a Bridgeville Parking Authority parking lot, an agreement with the Authority shall be presented that indicates the number of spaces, the terms of the lease and a guarantee of annual renewal. Failure to maintain the agreement or provide alternate off-site spaces shall be a violation of this chapter and shall be subject to the enforcement provisions of § 1501.

If there is any on-site parking available for the use it shall be reserved for customers and visitors. Employee parking shall be located in the off-site parking area and shall not be permitted on site.

The applicant shall demonstrate that safe pedestrian access exists between the off-site parking area and the use it is intended to serve.

In the event that the site on which the use is located is sold, the site utilized for off-site parking shall be conveyed to the new owner, and/or any lease or other legal agreement for the off-site parking shall be assigned to the new owner.

Off-site parking shall be located at least 20 feet from the interior edge of the sidewalk along Washington Avenue and may be located behind an existing building that fronts on Washington Avenue.

If off-site parking is located on vacant property that fronts on Washington Avenue, access to the parking shall be from an alley or street, other than Washington Avenue, and a continuous wall or landscaped buffer at least six feet in height shall be provided along the frontage of the lot at the same setback as the existing buildings on either side of the lot containing the parking area.

All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B" as described in § 1002.1 of this chapter.

Operations shall comply with the performance standards of § 1001.

The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.

The use shall conform to the air quality regulations of the Allegheny County Health Department.

The minimum area and bulk regulations for a group care facility or personal care boarding home shall be the same as those required for all uses in the Zoning District in which the facility is located.

A group care facility or personal care boarding home shall have direct vehicular access to an arterial or collector road as defined by this chapter.

No group care facility or personal care boarding home shall be established within 1,000 feet of another group care facility or personal care boarding home.

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.

Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs. All open space areas shall be secured by a fence with a self-latching gate.

Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of an annual report with evidence of continuing certification shall be submitted to the Borough Zoning Officer in January of each year.

The minimum site area required shall be five acres.

Only the uses permitted by right or authorized as conditional uses or uses by special exception in the zoning district in which the planned business development is located shall be permitted in the planned business development.

The procedure for approval of a planned business development shall comply with the requirements of Part 7 of the Pennsylvania Municipalities Planning Code.[2]

In approving a planned business development, Borough Council may authorize modification to any of the requirements of this chapter, except the authorized uses in the district, if, in its judgment, the modification would make for a more attractive, efficient and harmonious development and would constitute a more beneficial use of the site.

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

If modifications to the side or rear yard requirements are granted along property lines adjoining property in an R-1 or R-2 Zoning District, Borough Council shall require an appropriate increase in the required depth of the buffer area.

Off-street parking and loading shall be provided in accordance with the requirements of Part 11 of this chapter.

The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.

A minimum lot area of five acres shall be required.

Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for the recreational use.

Facilities which include a swimming pool shall provide a complete enclosure of the pool and bathing area by a wall or fence with self-latching gate to prevent uncontrolled access. The area immediately outside the enclosure shall be suitably landscaped with grass, hardy shrubs and trees and shall be maintained in good condition.

Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.

Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided where off-street parking areas or intensively used facilities, such as ballfields, tennis courts, shelters and the like, are proposed adjacent to any property line that adjoins property in an R-1 or R-2 District. Open space and passive recreation areas, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from property that adjoins an R-1 or R-2 District.

The operation of the facility shall comply with the performance standards of § 1001 of this chapter.

All lighting shall be shielded and reflected away from adjoining streets and properties.

Ingress and egress to and from the site shall be designed to maximize sight distance along the adjacent public streets and enhance safety for vehicles entering and exiting the property.

Municipal maintenance facilities and public safety buildings shall be located so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.

All buildings intended for public occupancy shall be designed to provide convenient access for emergency vehicles, as well as access to all sides of the building for firefighting equipment.

All outside storage, including trash dumpsters, shall be completely enclosed by a six-foot-high dense evergreen hedge or solid fence.

Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

Public and semipublic swimming pools shall include any noncommercial swimming pool operated by a public or semipublic agency, including community clubs and homeowners' associations.

Public pools shall be open to the general public, and semipublic pools shall be limited to use by members and their invited guests.

All public and semipublic pools shall have permanent vehicular access to a public street.

The construction of all such pools shall comply with all applicable state requirements.

The pool and bathing area shall be completely enclosed by a wall or fence at least six feet in height subject to § 1003.3C of this chapter to prevent uncontrolled access. The area immediately outside the enclosure shall be suitably landscaped with grass, hardy shrubs and trees and shall be maintained in good condition.

Maintenance vehicles and materials shall be stored within a completely enclosed building, as defined herein.

Uses involving distribution equipment which is not enclosed by a building shall be secured by a fence at least six feet in height with a self-latching gate and shall be screened from public view by a hedge or opaque fence. Fences shall be subject to the requirements of § 1003.3C of this chapter.

Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

All lights shall be shielded and reflected away from adjoining property.

The use shall comply with all other applicable area and bulk regulations of the district in which it is to be located.

The facility shall not involve the manufacturing of any products being tested or engineered.

Off-street parking and loading shall be provided in accordance with the requirements of Part 11 of this chapter.

All research and development activities shall be conducted entirely within a completely enclosed building, as defined herein.

Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

All uses shall comply with the performance standards specified in § 1001 of this chapter.

Research and development activities shall not involve the use or generation of hazardous or potentially hazardous materials.

Shared parking located on the same site with the uses it serves may be authorized for two or more uses in accordance with this § 903.37.

If shared parking for two or more uses is proposed to be located off site, the requirements of § 903.28 shall be met in addition to the requirements of this § 903.37.

Subsequent changes in use that affect the parking required for one or more of the uses approved for shared parking shall require an application for a new certificate of occupancy, including proof that sufficient parking will still be available. If the new use creates a demand for more parking than is provided under the shared parking scheme, the certificate of occupancy shall not be issued until additional parking is provided or an application for shared parking utilizing the parking demand for the new use is approved. This provision shall be made a condition of the certificate of occupancy that is issued following approval of the conditional use.

The applicant shall prepare a parking demand study based on the requirements of this § 903.37.

The required parking for uses that propose shared parking shall be computed as follows:

To apply for approval of shared parking, a table shall be submitted showing the breakdown of the gross floor area devoted to each of the five land use categories shown in the table below.

Uses that do not fit into any of the categories shown in the table below shall not be eligible to use this shared parking provision.

The total amount of required parking shall be tabulated by use and time period.

The time period requiring the highest number of parking spaces shall be selected as the basis for the shared parking requirement.

All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.

A transient merchant license, if required by Borough ordinance, shall be obtained.

The proposed temporary use or structure shall be limited to those uses or structures otherwise authorized in the Zoning District.

In the M District, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:

Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If the Zoning Hearing Board determines that the need for the proposed use will occur on an annual basis, the Board may authorize the Zoning Officer to issue the temporary use permit on an annual basis subject to continued compliance with these criteria and any conditions attached to approval of the use by special exception.

All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved. Temporary uses or structures that are authorized only for the duration of a particular event shall be removed within 48 hours after the completion of the event.

All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 1102.4 for the proposed use.

Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.

All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations for principal structures in the zoning district in which they are located.

All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with all area and bulk regulations for accessory structures in the zoning district in which they are located.

Temporary uses or structures that are authorized as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.

The minimum site required shall be two acres.

No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.

No vehicle shall be displayed or offered for sale that does not have all of the mechanical and body components necessary for its safe and lawful operation.

A permanent structure for office administration, sales, rental and/or servicing shall be provided.

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

The minimum lot area required for vehicle rental, sales and service shall be one acre.

The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.

The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Borough Engineer.

The handling and disposal of motor oil, battery acid and any other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 1501 of this chapter.

All lots used for the outdoor display of vehicles shall have a completely enclosed building, as defined herein, on the same lot, which lot has not less than 1,400 square feet of gross floor area, where all repair, servicing, sales and customer car washing shall be performed.

No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.

All lights and light poles shall be located and erected in such a fashion that the closest edge of such structure or equipment shall not be less than 10 feet from the nearest edge of the street right-of-way line, and all lights and illumination shall be directed into the sales area and away from adjoining streets and adjacent lots. The maximum illumination in the display and sales area shall be two footcandles. The maximum spillover lighting at the property line adjoining any property in an R-1 or R-2 District shall be 0.2 footcandle.

The only exterior displays shall be the signs authorized by Part 12 of this chapter.

All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.

Customer vehicles with external damage awaiting repairs shall be located either in a completely enclosed building, as defined herein, or in an outdoor storage area that is screened in such a fashion so that the vehicles will not be visible from the public street or adjacent residential property.

Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

The minimum site required shall be 12,000 square feet. The minimum lot width shall be 120 feet.

Such use shall be located no closer than 100 feet of any property located in an R-1 or R-2 District.

There shall be no storage of dismantled vehicles outside of a building.

All repair work shall be performed within a completely enclosed building, as defined herein, that has adequate ventilation and fire protection.

All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.

The premises shall be kept clean and shall be maintained so as not to constitute a nuisance or menace to public health and safety.

Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).

Storage of parts, dismantled vehicles and vehicles or equipment awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high hedge or opaque fence.

Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and to minimize congestion and the impact on local streets.

Off-street parking and loading shall be provided in accordance with Part 11 of this chapter.

All materials and equipment shall be stored within a completely enclosed building, as defined herein, or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot-high dense, compact evergreen hedge or opaque fence.

No shipping or receiving shall be permitted within 300 feet of the property in an R-1 or R-2 District between the hours of 7:00 p.m. and 7:00 a.m.

The operations shall comply with the performance standards specified in § 1001 of this chapter.

Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.

All materials and equipment shall be stored within a completely enclosed building, as defined herein, or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot-high hedge or opaque fence.

No shipping or receiving shall be permitted within 300 feet of property in an R-1 or R-2 District between the hours of 7:00 p.m. and 7:00 a.m.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion and the impact on local streets.

Off-street parking and loading shall be provided in accordance with the requirements of Part 11 of this chapter.

Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.