Charleroi City Zoning Code
ARTICLE IV
Express Standards and Criteria for Special Exceptions and Conditional Uses
§ 338-401 Conditional uses.
Purpose. Conditional use provisions apply to all uses identified as conditional uses in the Tables of Authorized Uses (Principal and Accessory). The conditional use approval process is designed to allow the Borough Council to review and approve certain uses that may have additional impacts on the community and the environment beyond those typical for uses that are allowed by right. The intent is to allow certain specified uses identified as conditional uses in the Tables of Authorized Uses (Principal and Accessory) to be reviewed by the Borough Council so that they may determine compliance with this chapter and attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Council may deem necessary to implement the purposes of this chapter.
§ 338-402 Conditional use procedure for approval.
Procedure. The Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the Pennsylvania Municipalities Planning Code (MPC) and this chapter and subject to the following:
A.
If a land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a Land development required by the Borough's adopted Subdivision and Land Development Ordinance[1] may be processed concurrently or separately at the discretion of the applicant, provided that all application requirements of both ordinances for a conditional use and the land development plan are met.
B.
Application procedure. The applicant shall submit an application for development for approval of a conditional use to the Zoning Officer or designated staff person of the Borough. The application for development shall indicate the section of this chapter under which the conditional use is sought and shall state the grounds upon which it is requested.
C.
Application content. An application for approval of a conditional use shall include the following:
(1)
One copy of the application form provided by the Borough and completed by the applicant. If the applicant is other than the landowner, the landowner's authorization of the application and the nature of applicant's interest in the site shall accompany application.
(2)
Twelve paper and one electronic copies of a site plan meeting the requirements for a preliminary plan for land development as set forth in Subdivision and Land Development Ordinance and, in addition, demonstrating conformity with all requirements of this chapter.
(3)
Application fee and review fees established by resolution of the Council to cover the cost of review.
D.
Administrative review and determination of complete application. Within seven working days after a conditional use application is submitted, the Borough shall review the conditional use application for completeness of required submission items. Within said time, the Borough shall notify the applicant in writing if the conditional use application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
E.
The Borough shall submit the complete conditional use application to the Borough Planning Commission for review and recommendations. The Planning Commission shall review the application and make a written recommendation to the Council. If the proposed development is also a land development, the Planning Commission shall also make a recommendation under the provisions of the Subdivision and Land Development Ordinance.[2]
F.
The Council shall hold a hearing, in accordance with 913.2 of the MPC, 53 P.S. 10913.2, and public notice shall be given as defined in this chapter. The hearing shall be commenced by the Council within 60 days from the date of receipt of the applicant's completed application, unless the applicant has agreed in writing to an extension of time.
G.
Conditions. In considering any conditional use, the Council may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Council deems necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter.
H.
Written decision. The Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before the Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefore. 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 its date.
I.
Expiration. Conditional use approval shall expire automatically without written notice to the applicant if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of said approval, unless the Council, in their sole discretion, extend the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension. The Council may grant an extension for good cause shown by the applicant and provided that the extension will not be contrary to the purposes of this chapter.
J.
Effect on prior approvals. Conditional use approval, granted prior to the effective date of this chapter, shall expire automatically without written notice to the developer if no application for subdivision and land development, zoning approval for structures, zoning approval for occupancy and use, or a grading or building permit to undertake the work described in the conditional use approval has been submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Council, in its sole discretion, extends the conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
L.
Burden of Proof. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with this chapter, and the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety, and welfare of the neighborhood.
§ 338-403 Special exceptions.
Purpose. Special exception use provisions apply to all uses identified as special exception uses in the Tables of Authorized Uses (Principal and Accessory). The special exception use approval process is designed to allow the Zoning Hearing Board to review and approve certain uses that may have additional impacts on the community and the environment beyond those typical for uses that are allowed by right. The intent is to allow certain specified uses identified as special exception uses in the Tables of Authorized Uses (Principal and Accessory) to be reviewed by the Zoning Hearing Board so that they may determine use compliance with this chapter and attach reasonable conditions and safeguards, in addition to the standards and criteria expressed in this chapter as the Zoning Hearing Board may deem necessary to implement the purposes of the Zoning chapter or MPC.
§ 338-404 Special exception procedure for approval.
Procedure. The Zoning Hearing Board shall consider special exception applications and render its decision in accordance with the requirements of the Pennsylvania MPC and this chapter and subject to the following:
A.
If land development approval is required for the use by special exception, the application for approval of a land development required by the Subdivision and Land Development Ordinance[1] shall be submitted to the Borough Planning Commission and Council following approval of the use by special exception by the Zoning Hearing Board.
B.
Application procedure. The applicant shall submit an application for approval of a special exception to the Zoning Officer or designated staff person of the Borough. The application form shall indicate the section of this chapter under which the special exception is sought and shall state the grounds upon which it is requested.
C.
Application content. An application for approval of a special exception shall include the following:
(1)
One copy of the application form provided by the Borough and completed by the applicant. If the applicant is other than the landowner, the landowner's authorization of the application and the nature of applicant's interest in the site shall accompany application.
(2)
Twelve paper and one electronic copies of a site plan meeting the requirements for a preliminary plan for land development as set forth in Subdivision and Land Development Ordinance, and in addition, demonstrating conformity with all requirements of this chapter.
(3)
Application fee and review fees established by ordinance or resolution of the Borough to cover the cost of review.
D.
Administrative review and determination of complete application. Within seven working days after a special exception application is submitted, the Borough shall review the application for completeness of required submission items. Within said time, the Borough shall notify the applicant in writing if the application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
E.
A hearing pursuant to public notice, as defined herein, shall be commenced by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by this chapter and state law.
F.
Burden of proof. In proceedings involving a request for a use by special exception, both the duty of initially presenting evidence and the burden of persuading the Zoning Hearing Board that the proposed use is authorized as a use by special exception and satisfies the specific or objective requirements for the grant of a use by special exception as set forth in this chapter rest upon the applicant. The applicant shall demonstrate that the request is not detrimental to the health, safety, and welfare of the neighborhood.
G.
Conditions. In considering any special exception, the Zoning Hearing Board may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Board deems necessary to implement the purposes of the MPC and this chapter. A violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter, and upon a finding of violation, shall require that the special exception use be discontinued until the violation is corrected.
§ 338-405 General standards for all conditional uses and special exceptions.
When considering applications for conditional uses and special exceptions the following general standards for all conditional uses and special exceptions shall be met:
A.
In accordance with the Comprehensive Plan the use shall be consistent with the spirit, purposes, and the intent of this chapter.
B.
Compliance with this chapter. The applicant shall establish by credible evidence that the application complies with all applicable requirements of this chapter. The applicant shall provide sufficient plans, studies or other data to demonstrate compliance.
C.
Compliance with other laws. The approval may be conditioned upon the applicant demonstrating compliance with other specific applicable local, state and federal laws, regulations and permits.
D.
The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.
E.
The applicant shall establish that the traffic from the proposed use will be accommodated in a safe and efficient manner that will minimize hazards and congestion and provide adequate access arrangements after considering any improvements proposed to be made by the applicant as a condition on approval.
F.
The proposed use shall not substantially change the character of any surrounding residential neighborhood after considering any proposed conditions upon approval.
G.
The proposed use shall not create a significant hazard to the public health safety, and welfare.
H.
The proposed use shall be suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
§ 338-406 Express specific standards for specified uses, conditional uses and special exceptions.
A.
In addition to the standards listed in this chapter and the general standards for all conditional uses and special exceptions the following specific standards shall be met when considering a specific request for a conditional use or special exception as authorized in the tables of authorized principal and accessory uses of this chapter.
B.
Not all conditional use and special exception uses authorized in the tables of authorized principal and accessory uses have express specific standards for the use identified in this section. In the event that express specific standards are not listed for a use identified as a special exception or conditional use in the Table of Authorized Principal and Accessory Uses, the general standards for all conditional uses and special exceptions shall still apply. In addition, the Council may apply conditions identified in the Express Specific Standards for Specific uses, on these uses, upon a finding that the use is similar in nature to a specific use that is listed.
§ 338-406.1 Accessory dwelling unit.
A.
Accessory dwelling units may be attached to the principal building, a freestanding structure, or in conjunction with a permitted accessory building on the lot.
B.
Accessory dwellings shall be required to have independent and separate public utilities (including water, sewer, electric, gas, cable, etc.) to serve the facility and shall not be connected in to the systems of the principal use on the lot.
C.
Accessory dwelling units are only permitted in conjunction with owner occupied properties, when the owner occupies one of the dwellings on the lot.
D.
Only one accessory dwelling unit is permitted on a lot.
E.
Freestanding accessory dwelling units shall meet all the setback requirements of the principal use of the lot.
§ 338-406.2 Adaptive reuse.
A.
Purpose and applicability. This section shall apply to structures not initially designed for permanent residential use and former corner stores, public, semipublic and other large buildings (including schools, churches, armories, and other civic structures) which lie within any zoning district within the Borough. The purpose of this section is adopted for the express purpose of encouraging the adaptive and flexible reuse of such buildings within the Borough that might otherwise not be permissible within the zoning district in which the building(s) are located.
B.
Burden of proof. The applicant has the burden of proof, when doubt exists, that the structure was initially designed and intended for a use not now allowable in the zoning district in which it is located.
C.
Permitted reuses. Structures determined to meet the criteria of Adaptive Reuses may be reused for the following purposes by conditional use:
(1)
Single-family dwelling.
(2)
Multiple-family dwelling.
(3)
Small commercial or retail establishments.
(4)
Private clubs or social halls; provided, that there are no sales of alcohol on the premises.
(5)
Day-care facilities of all types.
(6)
Nursing or personal care homes.
(7)
Hospitals and medical clinics for humans.
(8)
Civic or cultural building.
(9)
Conference centers.
(10)
Community center.
(11)
Other such uses as determined appropriate upon recommendation of the Planning Commission and approval of the Borough Council.
D.
Standards for exterior alterations. It shall be a condition of this adaptive reuse that all exterior alterations shall meet Standards for Historic Preservation if the property is considered historic. Properties not required to meet the standards for historic preservation shall make exterior alterations generally consistent with the original structures architecture and the neighborhood in which it is located.
E.
Signage shall be limited to the type normally permitted in the district.
§ 338-406.3 Adult business.
A.
Legislative findings. The Borough finds the following with respect to adult business.
(1)
Adult businesses in any given area will cause blight and deterioration in that area.
(2)
Properties that are adjacent to adult businesses will decrease in value.
(3)
Businesses which are not adult-related in nature will not locate in an area with adult businesses.
(4)
Neighborhoods adjacent to adult businesses are adversely affected by the conduct of patrons of the adult businesses, who interfere with the quiet, peaceful, and lawful enjoyment and use of the neighboring properties.
(5)
Criminal activity has increased in connection with certain adult businesses.
B.
Purpose. The purpose of this section is to protect the retail trade of the Borough, prevent neighborhood blight, maintain stable property values, maintain the quality of residential neighborhoods, and reduce the potential for criminal activity.
C.
Intent. The intent of this section is not aimed at the content of the material sold, conduct within, or content of films or books of adult businesses, but rather to minimize and control the adverse secondary effects of such businesses on the surrounding community and protect the health, safety and welfare of its citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of blight. Accordingly, this chapter permits adult businesses in certain zoning districts, but regulates the time, place, and manner of adult businesses.
D.
Adult businesses.
(1)
Adult businesses which are defined in this chapter shall only be permitted in IND District when approved as a conditional use and if all of the requirements of this section are adhered to. Adult businesses shall not be permitted in any other zoning district.
(2)
Adult businesses shall only be permitted in the IND District and shall also meet or exceed the following setback requirements. The building shall be setback as follows:
(a)
The building shall be at least 250 feet in any direction from any residential dwelling, (including multifamily buildings), also at least 500 feet from any public park property (including such uses in adjacent municipalities);
(b)
The building shall be at least 1,000 feet in any direction from any school property, church property, preschool property, or child day-care center property (including such uses in adjacent municipalities);
(c)
The building shall be at least 100 feet in any direction from any hotel or motel (including such uses in adjacent municipalities); and
(d)
The building shall be at least 2,500 feet in any direction from any other building which is utilized for any other adult business which is defined in this section (including such uses in adjacent municipalities).
(3)
All activities pertaining to the adult business shall be conducted entirely within the confines of the building. No theater which shows adult-related films shall project the film outside the confines of a building. No music or sound emitting from the business shall be audible to normal human hearing at any time at any exterior property line of the business.
(4)
Any adult business which has liquor for sale shall abide by all rules and regulations of the Pennsylvania Liquor Control Board. If any of the applicable regulations of the Liquor Control Board are more stringent than the regulations specified in this section, those regulations shall be adhered to by the applicant.
(5)
Unless governed by more stringent regulations by the Pennsylvania Liquor Control Board, the following hours of operation shall be adhered to by all adult businesses.
(6)
The maximum gross floor area of any building which is utilized for an adult business shall be 5,000 square feet.
(7)
No adult business shall display an exterior sign which displays obscene materials or which depicts nudity or sexually explicit activities. All other regulations pertaining to commercial signs shall be complied with.
(8)
Parking, landscaping, exterior lighting, and other required site improvements shall be in accordance with the applicable sections of this chapter.
(9)
To insure the regulations of this section are adhered to by the applicant, the following information shall be provided with the application for a conditional use.
(a)
A site survey of the property and building proposed for the adult business and a survey illustrating the distance to the location, size, and type of all buildings and uses within 2,500 feet of the building proposed for the adult business. The survey shall be prepared and sealed by a surveyor licensed by the Commonwealth of Pennsylvania and shall be at a scale no less than one inch to 100 feet. The survey shall indicate the scale, date drawn, north point, tax parcel number of all parcels illustrated, the names of any roads or highways illustrated, and shall be on paper measuring 24 inches by 36 inches. Twenty copies of the survey shall be submitted with the application.
(b)
The above-referenced site survey shall indicate the proposed parking layout, landscaping, lighting, sign location, building location, and any other exterior improvements.
(c)
If liquor for sale is proposed, a copy of the license issued by the Pennsylvania Liquor Control Board shall be submitted.
(11)
An applicant proposing an adult business shall satisfy all requirements of the Zoning Ordinance which relate to general requirements for approval of conditional uses.
E.
Additional regulations for nude model studios.
(1)
A nude model studio shall not employ any person under the age of 18 years.
(2)
The studio owner or operator and any person under the age of 18 years commits a violation of this chapter if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person.
(3)
The studio owner or operator and any person commits a violation of this part if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(4)
A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises; except that a sofa may be placed in a reception room open to the public.
§ 338-406.4 After-hours club.
§ 338-406.5 Bed-and-breakfast.
A.
The operator shall be a full-time resident of the dwelling in which the bed-and-breakfast is located.
B.
No more than four guest rooms shall be offered to transient overnight guests.
C.
No meals, other than breakfast, shall be served on the premises. Food may be prepared on the premises for consumption off the premises by overnight guests. Food shall not be served to any customers who are not overnight guests.
D.
In addition to the parking required for the dwelling, one parking space shall be provided for each guest room offered to overnight guests.
E.
Off-street parking shall not be located in any front or side yard. Parking located in the rear yard shall be screened from adjoining properties in an SFR, or MU district by a compact six-foot evergreen hedge.
§ 338-406.6 Bus or truck maintenance facility.
A.
Carried on within an enclosed building.
B.
Screened along any property line that abuts a residential zoning district.
C.
Repair bays shall not face an arterial street.
F.
Outside storage or parking of any disabled, wrecked, or partially dismantled vehicle is not permitted for a period exceeding 10 days during any thirty-day period.
G.
No building, structure, canopy, gasoline pump, or storage tank shall be located within 25 feet of a residential zoning district.
H.
Body work and painting shall be conducted within fully enclosed buildings. All motorized vehicles not in operating condition shall be kept in fully enclosed buildings except as noted above.
§ 338-406.7 Billboards.
§ 338-406.8 Car rental.
§ 338-406.9 Commercial recreation - indoor and outdoor.
Commercial recreation, subject to:
A.
Any use which proposes a maximum permitted occupancy of 200 or more persons at any given time shall provide public water and public sewers on the site. In the event public facilities are not sufficient to support attendees, adequate sanitary facilities shall be provided during the event, as approved by the Borough.
B.
Outdoor speakers shall not be permitted if there are dwellings within 500 feet of the site in any direction. If outdoor speakers are allowed, the volume and direction shall be regulated to minimize the impact on adjoining properties.
C.
Location of buildings and facilities, traffic circulation and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.
D.
Any outdoor facility located within 200 feet of an existing dwelling shall cease operations no later than 12:00 midnight.
E.
Indoor commercial recreation uses located in the CBD and MU Districts shall maintain the facade of the structure in a manner consistent with commercial businesses in the district, and shall not be permitted to remove or black out existing glass or windows on the front facade of the structure.
F.
At the discretion of the Borough, outdoor commercial recreation uses shall be required to place fences, screening or other material as necessary to prevent impacts to adjacent properties.
§ 338-406.10 Conversion dwelling units.
Conversion dwellings which increases the number of dwelling units in the zoning districts where authorized shall be subject to the following requirements:
A.
Each dwelling unit shall contain a minimum of 800 square feet of gross floor area.
B.
Each dwelling unit shall have separate living, sleeping, kitchen and sanitary facilities.
C.
The proposed conversion dwelling shall meet the minimum lot and area requirements for similar dwelling types authorized within the district in which it is located.
D.
Each dwelling unit shall have a separate entrance, either directly from the outside or from a common corridor inside the structure.
E.
Conversion dwellings shall provide an additional one off-street parking space for each dwelling unit. The paving and design of the off-street parking spaces shall be in compliance with the requirements of Article VI, Parking.
F.
Conversion dwellings shall provide continuity in architectural design and shall incorporate any proposed construction into the existing structural features.
§ 338-406.11 Drive-through facilities.
A.
A queuing lane(s) at least three car lengths shall be provided for each drive-through lane and shall be designed for ease of traffic circulation and to minimize congestion.
B.
All stacking and queuing shall be provided on site.
C.
Direct access to drive-through facilities in the CBD and MU Zoning districts shall be generally encouraged from side streets and alleys where possible.
D.
Drive-through lanes shall be distinctly marked by traffic islands a minimum of three feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-through service lane. The Borough may consider alternative designs when it is demonstrated that the drive-through is screened from view and that traffic and pedestrian circulation is improved.
E.
The canopy shall be architecturally compatible with the principal building.
§ 338-406.12 Emergency shelter.
§ 338-406.13 Home-based day-care.
A.
The use shall be subordinate to the facility's primary use as a family residence.
B.
The use must be in compliance with all requirements of applicable Building Codes and Fire Codes as adopted by the Borough, and the rules and regulations of the Pennsylvania Department of Public Welfare relating to home-based day care, and all other applicable laws, ordinances and regulations.
C.
To the extent that those picking up and/or dropping off their children do so by use of vehicles, adequate provision for off-street parking shall be provided and/or sufficient on-street parking must be available, as determined by the Borough Council, so as not to result in traffic congestion, facilitate traffic movement and provide for maximum safety and protection on the abutting residential streets.
D.
The Borough Council shall determine appropriate times of operation and the quantity of children serviced by the home-based day care such that the use will not disturb and/or disrupt the peaceful enjoyment of the adjacent residential uses.
§ 338-406.14 Medical office.
A.
Shall only be permitted in the SFR when the lot is located within 300 feet of the border of the Mu or CBD zoning districts.
§ 338-406.15 Methadone treatment facility.
A.
For any building (or portion thereof) which is proposed to contain a methadone treatment facility, the lot upon which such building (or portion thereof) sits shall not be located closer than 500 feet (or the then current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child-care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment.
B.
Notwithstanding Subsection A above, a methadone treatment facility may be established and operated closer than 500 feet (or the then-current Pennsylvania statutory-provided distance, whichever is greater) to a lot utilized for an existing school, public playground, public park, residential housing area, residential lot, single-family dwelling, child-care facility, church, meeting house or other actual place of regularly scheduled religious worship established prior to the proposed methadone treatment, if, by majority vote, the governing body approves a use for said facility at such location. At least 14 days prior to any such vote by the governing body, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality pursuant to public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearing(s) at least 30 days prior to said public hearing(s) occurring.
C.
All buildings proposed to contain a methadone treatment facility shall fully comply with the requirements of the then-current edition of the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended, and as adopted by the Borough.
D.
In addition to the otherwise required number of parking spaces specified by Article VI of this chapter for the usage of the building proposed for a methadone treatment facility, additional parking shall be required specifically for the methadone treatment facility at a rate of one additional parking space for each 200 square feet of area devoted to the methadone treatment facility.
E.
Each building or portion thereof proposed for use as a methadone treatment facility shall have a separate and distinct entrance utilized solely for direct entrance into the methadone treatment facility. Such separate and distinct entrance shall face a major street thoroughfare. Access to the methadone treatment facility shall not be permitted via a shared building entrance or from a shared interior corridor within the building in which it is located.
§ 338-406.16 Mobile home park.
B.
The minimum tract area shall be three contiguous acres. This minimum tract area shall be under single ownership.
C.
The maximum average density of the tract shall be six dwelling units per acre. To calculate this density, land in common open space or proposed streets within the park may be included, but land within the one-hundred-year floodplain, wetlands and slopes over 25% shall not be included.
D.
Each mobile/manufactured home park shall include a thirty-five-foot-wide landscaped area, including substantial attractive evergreen and deciduous trees around the perimeter of the site, except where such landscaping would obstruct safe sight distances for traffic. A planting plan for such area shall be approved by the Borough as part of any required use approval. Such landscaped area shall not be required between adjacent mobile home park developments. The same area of land may count towards both the landscaped area and the building setback requirements.
E.
A dwelling, including any attached accessory building, shall be set back a minimum of 25 feet from another dwelling within the mobile home park, except that unenclosed porches, awnings and decks may be 15 feet from the walls of another dwelling.
F.
The minimum separation between homes and edge of interior street cartway or parking court cartway shall be 25 feet.
G.
The minimum principal and accessory building setbacks from exterior/boundary lot lines and rights-of-way of preexisting public streets shall be 50 feet.
H.
A detached accessory structure or garage shall be separated a minimum of 15 feet from any dwelling units to which the accessory structure is not accessory.
I.
A minimum of 15% of the total lot area of the entire mobile home park shall be set aside as common open space for the residents. The applicant shall prove that these areas will be suitable for active or passive recreation. If a development will not be restricted to persons over age 55, then the common open space shall, at a minimum, include a rectangular grass field, 100 feet by 200 feet, suitable for free play by young persons. If a development will be restricted to persons over age 55, then the common open space shall, at a minimum, include landscaped paved trails. A recreation building or pool available to all residents of the development may count towards this requirement.
J.
Streets.
(1)
Access to individual mobile home spaces shall be from interior parking courts, access drives or private streets and shall not be from public streets exterior to the development.
(2)
Streets within the mobile home park that provide access to reach 20 or more dwellings shall have a minimum paved cartway of 24 feet, and other local private streets or parking courts serving less than 20 homes shall have a minimum paved cartway of 20 feet.
(3)
Curbs and sidewalks are not required on the private streets, but all private streets shall meet all other Borough cartway construction standards.
K.
All units within the mobile home park shall be connected to a public water and a public sewage system. The system shall meet appropriate minimum water pressure/fire flow and hydrant requirements. The applicant shall prove that adequate provisions are made for solid waste disposal.
L.
Along through streets, a minimum nighttime lighting level of 0.2 foot-candle shall be maintained, at no expense to the Borough.
M.
A manufactured/mobile home park shall comply with all of the same requirements of Borough ordinances that apply to a subdivision or land development of site-built single-family detached dwellings, except for requirements that are specifically modified by this section. This includes, but is not limited to, submission, approval and improvement requirements of the Borough's Subdivision and Land Development Ordinance.[2]
§ 338-406.17 Oil or gas well; natural gas compressor station; natural gas processing plant.
A.
The permit application, or amended permit application, shall be accompanied by a fee as established by resolution in the Borough Fee Schedule.
B.
When multiple wells are located on the same well pad, a separate zoning permit for each well is required.
C.
In addition to the other requirements of this chapter the applicant shall provide to the Borough at the time of application the following information:
(1)
A narrative describing an overview of the project including the number of acres to be disturbed for development, the number of wells to be drilled including DEP permit number(s) for all wells, if available, at the time of submittal and provided when issued later, and the location, number and description of equipment and structures to the extent known.
(2)
A narrative describing an overview of the project as it relates to natural gas compressor stations or natural gas processing plants.
(3)
The address of the oil or gas well site, natural gas compressor station or natural gas processing plant as determined by the County 911 addressing program and information needed to gain access in the event of an emergency.
(4)
The contact information of the individual or individuals responsible for the operation and activities at the oil or gas well site shall be provided to the Borough and all applicable emergency responders as determined by the Borough. Such information shall include a phone number where such individual or individuals can be contacted twenty-four hours per day, 365 days a year. Annually, or upon any change of relevant circumstances, the applicant shall update such information and provide it to the Borough and all applicable emergency responders as determined by the Borough of Charleroi.
(5)
A site plan of the oil or gas well site showing the drilling pad, planned access roads, the approximate location of derricks, drilling rigs, equipment and structures and all permanent improvements to the site and any post-construction surface disturbance in relation to natural resources. Included in this map shall be an area within the development site for vehicles to locate while gaining access to the oil or gas well site configured such that the normal flow of traffic on public streets shall be undisturbed.
(6)
To the extent that the information has been developed, the applicant shall provide a plan for the transmission of gas from the oil or gas well site. The plan will identify, but not be limited to gathering lines, natural gas compressor stations, and other midstream and downstream facilities located within the (municipality) and extending 800 feet beyond the (municipality) boundary.
(7)
A site plan of the natural gas compressor station or natural gas processing plant including any major equipment and structures and all permanent improvements to the site.
(8)
A narrative and map describing the planned access routes to the well sites on public roads including the transportation and delivery of equipment, machinery, water, chemicals and other materials used in the location, drilling, construction, maintenance and operation of the oil or gas well site.
(9)
Operator shall comply with any generally applicable bonding and permitting requirements for Charleroi roads that are to be used by vehicles for site construction, drilling activities and site operations.
(10)
A description of, and commitment to maintain, safeguards that shall be taken by the applicant to ensure that the Borough streets utilized by the applicant shall remain free of dirt, mud and debris resulting from site development activities; and the applicant's assurance that such streets will be promptly swept or cleaned if dirt, mud and debris occur as a result of applicant's usage.
(11)
A statement that the applicant will make the operation's preparedness, Prevention and Contingency Plan available to the Borough and all emergency responders at least 30 days prior to drilling of an oil or gas well and at least annually thereafter while drilling activities are taking place at the oil or gas well site.
(12)
An appropriate site orientation and training course of the preparedness, prevention and contingency plan for all applicable emergency responders as determined by the Borough. The cost and expense of the orientation and training shall be the sole responsibility of the applicant. If multiple wells/well pads are in the same area (covered by the same emergency response agencies), evidence from the appropriate emergency response agencies that a training course was offered in the last 12 months shall be accepted. Site orientation for each well/well pad shall still be required for the appropriate emergency responders, as determined by the Borough.
D.
Access.
(1)
Vehicular access to a natural gas well, oil well or well pad solely via a residential street is not permitted.
(2)
Vehicular access to a natural gas well, oil well or well pad via a collector street is encouraged.
(3)
Accepted professional standards pertaining to minimum traffic sight distances for all access points shall be adhered to.
(4)
Access directly to state roads shall require Pennsylvania Department of Transportation (PADOT) highway occupancy permit approval. Prior to initiating any work at a drill site, the Borough shall be provided a copy of the highway occupancy permit.
(5)
Access directly to Borough/county roads shall require a driveway permit/highway occupancy permit prior to initiating any work at a well site.
E.
Height.
(1)
Permanent structures associated with an oil and gas well site, both principal and accessory, shall comply with the height regulations for the zoning district in which the oil or gas well site is located.
(2)
Permanent structures associated with natural gas compressor stations or natural gas processing plants shall comply with the height regulations for the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(3)
There shall be an exception to the height restrictions contained in this section for the temporary placement of drilling rigs, drying tanks, pad drilling and other accessory uses necessary for the actual drilling or re-drilling of an oil or gas well. The duration of such exemption shall not exceed the actual time period of drilling or re-drilling of an oil or gas well or pad drilling.
F.
Setbacks/location.
(1)
Drilling rigs and equipment shall be located a minimum setback distance of one foot for every foot of height of equipment from any property line, public or private street, or building not related to the drilling operations on either the same lot or an adjacent lot.
(2)
Natural gas compressor stations and natural gas processing plants shall comply with all general setback and buffer requirements of the zoning district in which the natural gas compressor station or natural gas processing plant is located.
(3)
Well pads shall be set back a minimum of 500 feet from any residential property.
(4)
Well heads shall be located 800 feet from any residential property.
(5)
Recognizing that the specific location of equipment and facilities is an integral part of the oil and gas development, and as part of the planning process, operator shall strive to consider the location of its temporary and permanent operations, where prudent and possible, so as to minimize interference with Charleroi residents' enjoyment of their property and future development activities as authorized by the Borough's applicable ordinances.
G.
Screening and fencing.
(1)
Security fencing shall be required at oil or gas well sites during the initial drilling, or redrilling operations.
(2)
Twenty-four-hour on-site supervision and security are required during active drilling operations.
(3)
Upon completion of drilling or redrilling security fencing consisting of a permanent chain link fence shall be promptly installed at the oil or gas well site to secure well heads, storage tanks, separation facilities, water or liquid impoundment areas, and other mechanical and production equipment and structures on the oil or gas well site.
(4)
Security fencing shall be at least six feet in height equipped with lockable gates at every access point and having openings no less than 12 feet wide. Additional lockable gates used to access oil and gas well sites by foot may be allowed, as necessary.
(5)
First responders shall be given means to access oil or gas well sites in case of an emergency. Applicant must provide the County 911 Communications Center necessary information to access the well pad in the event of an emergency.
(6)
Warning signs shall be placed on the fencing surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. During drilling and hydraulic fracturing, clearly visible warning signage must be posted on the pad site.
(7)
In construction of oil or gas well sites, the natural surroundings should be considered and attempts made to minimize impacts to adjacent properties.
H.
Lighting.
(1)
Lighting at the oil or gas well site, or other facilities associated with oil and gas development, either temporary or permanent, shall be directed downward and inward toward the activity, to the extent practicable, so as to minimize the glare on public roads and adjacent properties.
(2)
Lighting at a natural gas compressor station or a natural gas processing plant shall, when practicable, be limited to security lighting.
I.
Noise. The operator shall take the following steps to minimize, to the extent possible, noise resulting from the oil or gas well development:
(1)
Prior to drilling of an oil or gas well, the operator shall establish a continuous seventy-two-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public residence or public facility, or 100 feet from the nearest residence or public building, school, medical, emergency or other public residence or public facility, whichever point is closer to the affected facility. In lieu of establishing the above seventy-two-hour ambient noise level, the operator may assume and use, for the purposes of compliance with this chapter, a default ambient noise level of 55 dBA. The sound level meter used in conducting any evaluation shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
(2)
The operator shall provide documentation of any established, seventy-two-hour evaluation, relied upon to establish an ambient noise level greater than 55 dBA, to the zoning officer within three business days of such a request.
(3)
The noise generated during drilling and hydraulic fracturing activities shall not exceed the average ambient noise level (as determined by the seventy-two-hour evaluation as identified in subsection 1) or default level whichever is higher:
(a)
During drilling activities, by more than 10 decibels during the hours of 7:00 a.m. to 9:00 p.m.
(b)
During drilling activities, by more than seven decibels during the hours of 9:00 p.m. and 7:00 a.m. or by more than 10 decibels during hydraulic fracturing operations. The operator shall inform the Borough of which level (average ambient noise level or default level) is being used.
(4)
Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards.
(5)
Natural gas compressor stations and natural gas processing plants or facilities performing the equivalent functions shall be constructed so as to mitigate sound levels, or have installed mitigation devices to mitigate sound levels so as to prevent such activity from being a nuisance to nearby residential or public buildings, medical, emergency or other public facilities.
(6)
If a complaint is received by the Borough regarding noise generated during construction, drilling, or hydraulic fracturing activities, or for natural gas compressor stations, natural gas processing plants or midstream facilities, the operator shall, within 24 hours following receipt of notification, begin continuous monitoring for a period of 48 hours at the nearest property line to the complainant's residential or public building or 100 feet from the complainant's residential or public building, school, medical, emergency or other public facilities, whichever is closer. The applicant shall report the findings to the Borough and shall mitigate the problem to the allowable level if the noise level exceeds the allowable rate.
J.
As a condition of approval, applicant shall provide all permits and plans from the Pennsylvania Department of Environmental Protection and other appropriate regulatory agencies within 30 days of receipt of such permits and plans. A narrative describing the environmental impacts of the proposed project on the site and surrounding land and measures proposed to protect or mitigate such impacts shall be provided to the Borough.
K.
Temporary housing for well site workers on the site is not permitted.
§ 338-406.18 Recording studio.
A.
When a Recording studio occupies an existing commercial structure in the CBD or MU Zoning District, existing windows on the first floor shall not be blacked out or removed. The recording studio should maintain as much of the commercial character of the original structure as possible.
B.
Sound proofing shall be used to prohibit any noise from leaving the premises.
§ 338-406.19 Retirement housing facility.
A.
When located in the Central Business District (CBD) there shall be nonresidential and/or business uses on the first floor with residential uses on the second floor and above.
B.
First floor building facades in the CBD shall be designed to fit the character and nature of the business district and shall not be permitted to have blank walls and shall generally be designed to look like a commercial store front.
§ 338-406.20 Tavern or bar.
A.
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
B.
Shall not be located closer than 600 feet to another similar existing use.
C.
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created.
§ 338-406.21 Urban agriculture, limited (no animals).
Urban agriculture, limited (no animals) shall be subject to the following standards:
A.
The keeping of poultry, birds, livestock or other farm animals is not permitted.
B.
The keeping of bees is permissible, subject to the same conditions as urban agriculture, accessory uses.
C.
No processing of products grown on the site is permitted.
D.
All structures shall be subject to any required setbacks of the zoning district, but shall in all cases be a minimum of 10 feet from any property line.
E.
All seed, fertilizer, or similar products shall be stored in a secured, rodent-proof container and housed within an enclosed structure.
§ 338-406.22 Urban agriculture, accessory use.
Urban agriculture, accessory use, shall be subject to the following standards:
A.
A minimum of 20% of the existing lot size must be impervious surface in order to be permitted to keep poultry or bees.
B.
All seed, fertilizer, and animal feed shall be stored in a secured, rodent-proof container and housed within an enclosed structure.
C.
Keeping of Poultry Birds requires a minimum lot size of 2,500 square feet. Lots or properties that meet the minimum lot size are permitted three poultry birds.
D.
All structures related to the housing of poultry birds shall be at least six square feet in size and a minimum of two square feet per additional poultry bird.
E.
Roosters are not permitted.
F.
The hen house and/or pen shall be properly designed and constructed to provide adequate security from rodents and predators. Sufficient ventilation and suitable shelter for hens must be provided. The hen house may not be taller than six feet and must be easily accessible for cleaning and maintenance. Any windows must be screened with chicken wire to protect the hens from predators.
G.
For property with a minimum of 2,500 square feet in size, the property owner is permitted to keep two beehives. For every additional 2,500 square feet of property, the owner is permitted two additional beehives.
H.
All structures necessary for and related to the housing of bees shall be subject to any required setbacks of the underlying zoning district, and shall otherwise be set back at least 10 feet from any property line. Beehives shall not be located in the front yard.
I.
Ground-mounted beehives shall be located no higher than six feet from grade.
J.
Ground-mounted beehives shall be permitted in the rear yard only, and shall be provided an enclosed barrier along the property line six feet in height consisting of a solid fence, dense vegetation or combination thereof, and in cases where there is ample yard-area, a flyway may be substituted for perimeter barriers, consisting of six-foot high barriers on both sides of the bee colony, creating a channel extending 20 feet in each direction beyond each bee colony entrance;
K.
Roof-mounted beehives shall not be permitted.
L.
All animal structures and roaming areas shall be kept sanitary and free from accumulations of animal excrement and objectionable odor.
M.
Outdoor roaming areas for poultry birds shall be sufficiently enclosed and screened from the street and neighboring properties to protect them from vehicular traffic, and to minimize external impacts of the outdoor roaming areas; and
N.
The keeping of poultry birds or honeybees shall be permitted as an accessory use only where there is an occupied residence.
O.
The keeping of livestock or other farm animals shall not be permitted as an accessory use.
§ 338-406.23 Uses not listed.
A.
It is the intent of this chapter to group similar or compatible land uses into specific zoning districts. Uses which are not specifically listed in the Tables of Authorized Uses (Principal and Accessory) may be permitted upon finding by the Borough that the proposed use is similar to a use listed in the Tables of Authorized Uses.
B.
If a property owner or user asserts that a proposed use is not provided for in the Table of Authorized Uses (Principal and Accessory) the property owner or user shall file an application for conditional use with the Borough and which shall review and make a determination if the proposed use is similar to another use contained in the Table of Authorized Uses.
C.
If the Borough finds the use is similar to an existing use contained in the table it may permit the use subject to the same conditions and requirements of that use including the district in which it may be located.
D.
In considering if a proposed use is similar to an existing use contained in the Table of Authorized Uses (Principal and Accessory) the Borough in not limited to assertions of the applicant that the use is similar to a specific listed use, but instead may consider all uses (Principal and Accessory) contained in the Tables of Authorized Uses.
E.
If the Borough finds the use is similar to an existing use all other provisions of this chapter and all codes and ordinances of the Borough shall apply.
§ 338-406.24 Wind energy production facility, large.
Large wind energy production facility. Large wind energy production facilities shall be subject to the following regulations:
A.
The layout, design, and installation of large wind energy production facilities shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
B.
Large wind energy production facilities shall not generate noise which exceeds 55 decibels measured at any property line.
C.
All on-site utility and transmission lines extending to and from the large wind energy production facility shall be placed underground.
D.
All large wind energy production facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Staff regulation shall not be considered a sufficient braking system for overspeed protection.
E.
Large wind energy production facilities shall not be artificially lighted, except to the extent required by the FAA.
F.
Wind turbines and towers shall not display advertising, except for reasonable identification of the large wind energy production facility's manufacturer. Such sign shall have an area of less than four square feet.
G.
Wind turbines and towers shall be a nonobtrusive color such as white, off-white or gray.
H.
All large wind energy production facilities shall, to the extent feasible, be sited to prevent shadow flicker on any occupied building on adjacent lot.
I.
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
J.
All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
K.
No portion of any large wind energy production system shall extend over parking areas, access drives, driveways or sidewalks.
L.
All large wind energy production facilities shall be independent of any other structure and shall be located a minimum distance of 1.1 times the turbine height from any inhabited structure, property line, street right-of-way, or overhead utility line.
M.
The minimum height of the lowest position of the wind turbine shall be 30 feet above the ground.
N.
All large wind energy production facilities shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, or the wind turbines' climbing apparatus shall be limited to no lower than 12 feet from the ground, or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
O.
The large wind energy production facility owner is required to notify the Borough immediately upon cessation or abandonment of the operation. The large wind energy production facility owner shall then have 12 months in which to dismantle and remove the large wind energy production facility from the lot. At the time of issuance of the permit for the construction of the large wind energy production facility, the owner shall provide financial security in form and amount acceptable to the Borough to secure the expense of dismantling and removing said structures.
§ 338-406.25 Wind energy system, small.
Small wind energy system. Small wind energy systems shall be permitted in all zoning districts as accessory uses and accessory structures and shall be subject to the following regulations:
A.
The design and installation of all small wind energy systems shall conform to applicable industry standards, including those of the ANSI, Underwriters Laboratories (UL), the ASTM, or other similar certifying organizations, and shall comply with the Pennsylvania Uniform Construction Code (UCC), Act 45 of 1999, as amended and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
B.
No more than one small wind energy system shall be permitted per lot.
C.
Small wind energy systems shall not generate noise which exceeds 55 decibels measured at any property line.
D.
Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA.
E.
All on-site utility and transmission lines extending to and from the small wind energy system shall be placed underground if a separate structure. If affixed to an existing structure there shall be no exposed wires.
F.
No part of any small wind energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any lot.
G.
The maximum height of any small wind energy system shall not exceed the maximum height of the zoning district in which it is located.
H.
No portion of any small wind energy system shall extend over parking areas, access drives, driveways or sidewalks.
I.
The minimum height of the lowest position of the wind turbine shall be 15 feet above the ground.
J.
All small wind energy systems shall be completely enclosed by a minimum eight-foot high fence with a self-locking gate, or the wind turbine's climbing apparatus shall be limited to no lower than 15 feet from the ground, or the wind turbine's climbing apparatus shall be fully contained and locked within the tower structure.
K.
Small wind energy systems shall not display advertising, except for reasonable identification of the small wind energy system's manufacturer. Such sign shall have an area of less than four square feet.
L.
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 200 square feet, and shall comply with the accessory building requirements specified within each zoning district.
M.
Accessory buildings shall not be located within any front yard or along any street frontage, nor within any required setback of any lot.
N.
The owner shall provide a copy of the letter from the electric utility company indicating that it has received and processed an application for interconnection of renewable generation equipment with the application for a zoning permit. The owner shall provide a copy of the final inspection report or other final approval from the electric utility company to the Borough prior to the issuance of a certificate of use and occupancy for the small wind energy system. Off-grid systems shall be exempt from this requirement.
O.
The owner of the small wind energy system shall, at the owner's expense, complete decommissioning within 12 months after the end of the useful life of the small wind energy system. It shall be presumed that the wind turbine is at the end of its useful life if no electricity is generated for a continuous period of 12 months.
P.
The owner of the small wind energy system shall provide evidence that the owner's insurance policy has been endorsed to cover damage or injury that might result from the installation and operation of the small wind energy system.