Etna City Zoning Code
ARTICLE III
Conditional Uses
§ 615-14 Procedure for approval.
A.
In evaluating an application for a conditional use, the Borough shall apply the guidelines and procedures set forth in the MPC.
B.
Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this or any other ordinance should contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
C.
Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, the findings, shall be delivered to the applicant personally or mailed to him no later than the day following its date.
D.
The Borough Council shall not evaluate a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted to the Borough Zoning Officer no less than 10 working days prior to the regular meeting of the Borough 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 Borough Zoning Officer shall determine the completeness of the application and either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice, which cites the specific requirements of this chapter which have not been met, shall be sent to the applicant. The application shall include the following:
(a)
A development plan.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.
(c)
A map showing and identifying all lots within 200 feet of the lot for which conditional use approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of Allegheny County.
(d)
A traffic impact analysis, if required by the Allegheny County Subdivision and Land Development Ordinance or by the requirements of this article.
(e)
Application fee, as required.
(2)
A written recommendation is received from the Borough Planning Commission.
(3)
A public hearing is held by the Borough Council pursuant to public notice.
E.
In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards in addition to those expressed in this chapter as it may seem necessary to implement the purposes of the MPC and this chapter.
§ 615-15 Expiration of conditional use approval.
Conditional use approval shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Borough Council, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 615-16 Expiration of conditional use approval granted prior to effective date of ordinance.
Conditional use approval granted prior to the effective date of this chapter shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Borough Council, in its sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 615-17 General standards and criteria.
Before approving a conditional use application, the Borough Council shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located and that it will not substantially impair the use of development of adjacent properties. The Borough Council shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development.
A.
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable Borough, county and commonwealth and federal ordinances, laws and regulations. The proposed use shall obtain applicable permits, licenses and approvals from the Borough, Allegheny County, Pennsylvania and federal agencies before final approval of the conditional use application shall be granted.
B.
The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.
C.
The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.
D.
The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.
E.
The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm drainage, solid and toxic waste storage and disposal.
F.
The proposed use provides screening or buffer areas as required by this chapter.
G.
The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.
§ 615-18 Standards for specific uses.
In addition to the general standards and criteria for conditional uses listed in the sections above, an application for any of the following uses which are listed in any zoning district as a conditional use shall comply with the following applicable standards and criteria.
A.
Single-family dwelling.
(1)
Parking shall be provided on the same lot upon which the dwelling unit is located.
B.
Two-family dwelling.
(1)
Parking shall be provided on the same lot upon which the dwelling unit is located.
C.
Townhouse.
(1)
All open space associated with the development of townhouse dwellings shall be accessible to the public.
(2)
Parking shall be provided on the same lot upon which the dwelling unit is located and be no more than 300 feet from any one unit.
(3)
In order to ensure that any proposed development does not create adverse conditions to the public road right-of-way, a traffic impact study, in accordance with Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak-hour volumes and the traffic movements produced by such development. A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to levels of service (LOS) shall be defined by the Highway Capacity Manual, published by the Transportation Research Board. These standards may be waived by the Borough if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
D.
Apartment.
(1)
All open space associated with the development of apartment dwellings shall be accessible to the public.
(2)
Parking shall be provided on the same lot upon which the dwelling unit is located and be no more than 300 feet from any one unit.
(3)
In order to ensure that any proposed development does not create adverse conditions to the public road right-of-way, a traffic impact study, in accordance with Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak-hour volumes and the traffic movements produced by such development. A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to levels of service (LOS) shall be defined by the Highway Capacity Manual, published by the Transportation Research Board. These standards may be waived by the Borough if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
E.
Hi-rise residential.
(1)
Parking shall be provided on the same lot upon which the dwelling unit is located and be no more than 300 feet from any one unit.
(2)
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, stone block or permeable paving material (not including gravel surface, aggregate or the like).
(3)
The means of a building's ingress and egress shall meet requirements as outlined in the Borough's Building Code.
(4)
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.
(5)
The maximum number of units per building shall not exceed 36.
(6)
The primary vehicular entrance to a hi-rise residential development shall, at a minimum, have direct access to a collector road.
(7)
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
(8)
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
(9)
Buffer yards between a hi-rise residential development and any other adjacent residential lot shall be increased by 10 feet in addition to the Borough's required buffer-yard width. Landscaping within this additional width shall be provided according to spacing, quantity and type of plants specified by the Borough Planning Commission.
(10)
Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical (3:1) ratio.
(11)
If the parking area for a hi-rise residential development is adjacent to a single-family residential lot and demands greater than 10 automobiles, the following shall apply:
(a)
An additional ten-foot buffer yard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots.
[1]
One-and-one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
[2]
A mound, a minimum of 3.5 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.
(12)
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
(13)
The design and size of the hi-rise residential conforms to all applicable state and Borough standards/codes.
F.
All other residential uses.
(1)
Parking shall be provided on the same lot upon which the dwelling unit is located and be no more than 300 feet from any one unit.
(2)
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, stone block or permeable paving material (not including gravel surface, aggregate or the like).
(3)
The means of a building's ingress and egress shall meet requirements as outlined in the Borough's Building Code.
(4)
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.
(5)
The maximum number of units per building shall not exceed 18.
(6)
The primary vehicular entrance to the residential development shall, at a minimum, have direct access to a collector road.
(7)
Maximum height of lighting for outdoor parking areas and roadways shall be 25 feet.
(8)
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
(9)
Buffer yards between the residential development and any other adjacent residential lot shall be increased by 10 feet in addition to the Borough's required buffer-yard width.
(10)
Landscaping within this additional width shall be provided according to spacing, quantity and type of plants specified by the Borough Planning Commission.
(11)
Slopes shall be graded at a maximum of a three-foot horizontal to one-foot vertical ratio.
(12)
If the parking area for the residential development is adjacent to a single-family residential lot and demands greater than 10 automobiles, the following shall apply:
(a)
An additional ten-foot buffer yard with one of the following shall be provided along the parking lot's perimeter to minimize the impact of inappropriate noise, dust, light and other disturbances on adjacent residential lots.
[1]
One and one-half times the required number of plants for screening and buffering off-street parking and loading areas; or
[2]
A mound, a minimum of 3.5 feet in height at its peak, shall be constructed whereas the sides do not exceed a four-foot horizontal to one-foot vertical change in elevation. The mound shall be landscaped in its entirety with plants that provide four seasons of interest but shall not include turf grass. The landowner and/or developer shall coordinate site drainage so that site development and grading do not create any adverse effects on adjacent lots.
(13)
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
(14)
The design and size of the residential use's living quarters shall conform to all applicable state and Borough standards/codes.
(15)
For any proposed use that will occupy an existing residential structure, exterior modifications shall be limited to occur in only rear and side as part of said reuse.
G.
Animal hospital.
H.
Artisan workplace/sales.
(1)
Nonresidential districts.
(a)
A listing of products which contain toxic and/or explosive materials shall be kept on record at all times.
(b)
As regulated by the chapter's performance standards, no offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.
(c)
Under no circumstances shall an artisan workplace/sales be interpreted to permit a commercial stable or a dog kennel, automobile sales, small engine repair shop, donut shop, or any occupation where the principal activity involves sales offered across the counter.
(d)
If said land use is within the C1 Zoning District, soundproofing shall be constructed on any walls that are shared with adjacent land uses.
(e)
A delivery and storage plan shall be submitted. The plan shall be subject to Borough review and approval in order to minimize potential conflicts associated with circulation of surrounding uses.
(2)
Residential districts.
(a)
There shall be no exterior display or sign (except as permitted in the regulation of signs in this chapter), no exterior storage of materials, and no other exterior indication of the home occupation or variation of the residential character of the main building. In order to minimize conflict with surrounding residential neighborhood activity, an artisan workplace/sales area shall occupy a structure which is residential in character.
(b)
As regulated by the chapter's performance standards, no offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.
(c)
Under no circumstances shall an artisan workplace/sales be interpreted to permit a commercial stable or a dog kennel, automobile sales, small engine repair shop, donut shop, or any occupation where the principal activity involves sales offered across the counter.
(d)
Sound proofing shall be constructed on any wall that are shared with adjacent land uses. A delivery and storage plan shall be submitted. The plan shall be subject to Borough review and approval in order to minimize potential conflicts associated with circulation of surrounding uses.
I.
Banks and financial institutions.
J.
Bed-and-breakfast.
(1)
The operator of the bed-and-breakfast must be the owner of the business and shall reside on the premises.
(2)
Meals shall only be served to overnight guests of the bed-and-breakfast.
(3)
Guests shall be limited to a maximum length of stay of 14 consecutive days in any thirty-day period.
(4)
No more than five guest sleeping rooms shall be available and/or utilized at any one time for the transient guests. Each guest room may provide lodging for up to two individuals, unless children under the age of 16 years are accompanying the guest. In no instance shall the total number of guests in the bed-and-breakfast exceed 14 people.
(5)
There shall be only one lodging house located on the lot.
(6)
The lot shall meet all area and bulk regulations of the district in which it is located.
(7)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of this chapter.
(8)
No more than one identification sign shall be permitted. The identification sign must conform to Article VI of this chapter for the zoning district in which it exists.
(9)
All required parking spaces shall be provided on the lot and shall not be located in the front yard. There shall be one space provided for each room and one space provided for each permanent resident.
(10)
The conditional use of a bed-and-breakfast expressly excludes alternative housing for criminal offenders, drug or alcohol rehabilitation, halfway house and similar uses.
K.
Brewery/brew pub/tap room.
(1)
The establishment shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
(2)
Such establishment shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time of each day. No brewery/brew pub/tap room located within 500 feet of a residence or place of worship shall be open or operated on a Sunday.
L.
Clinic, small-scale.
(1)
An hours-of-operation (including deliveries) plan shall be submitted to the Borough as part of the conditional use application.
N.
Community garden.
(1)
Operations using machinery may begin at sunrise or 7:00 a.m., whichever is earlier, on weekdays and at 9:00 a.m. on Saturday and Sunday. Operations using machinery must end at sunset or 9:00 p.m., whichever is later. Automatically functioning equipment, such as sprinklers, are exempted from hours of operation.
(2)
Community gardens may include any of the following features: raised and/or accessible planting beds, compost bins, picnic tables, garden art, rain barrel systems, restroom facilities or portable toilets, signage, storage sheds, and children's play areas.
(3)
All community gardens shall have suitable containers for waste and recyclables that are regularly serviced.
(4)
A community garden may include a seasonal farm stand only for the sale of items grown at the site or products made from items grown at the site. Sales for fund-raising purposes and associated promotional materials are permitted at events held on the site. Stands shall be removed from the premises or stored inside a building on the premises or off site when the garden is not in operation. Sales must occur on site and only between 7:00 a.m. and 9:00 p.m.
(5)
Signage. Permitted signs, not to exceed nine square feet in area per side and six feet in height, shall be limited to identification (of gardens, individual plants, etc.), information, and directional signs, including sponsorship information where such information is clearly secondary to other permitted information on the sign.
(6)
Parking. If a community garden includes a seasonable farm stand, adequate off-street parking must be provided and shall be either unpaved or surfaced with gravel or pervious paving material. Interior walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities.
O.
Convenience store.
(1)
Convenience stores located in the C1 Zoning District shall not include facilities for the dispensing of fuel.
(2)
Parking facilities shall not be constructed between the building front facade and the front lot line.
(3)
The maximum gross floor area for convenience stores located in the C1 Zoning District is 2,500 square feet.
Q.
Club/lodge.
(1)
The hours of operation must be conspicuously posted at the business premises such that patrons are sufficiently apprised of the same.
(2)
Such club shall not remain open and/or transact business between the hours of 2:00 a.m. and 8:00 a.m., prevailing time of each day. No club located within 500 feet of a residence or place of worship shall be open or operated on Sunday.
R.
Grocery store, butcher shop, green grocer.
(1)
The maximum gross floor area for grocery store, butcher shop and/or green grocer located in the C1 Zoning District shall be 2,500 square feet; 12,000 square feet in the C2 Zoning District.
(2)
No fuel sales or accessory fuel/service stations are permitted in association with or otherwise on the same lot as a grocery store, butcher shop and/or green grocer.
T.
Home occupation.
(1)
The home occupation shall be carried on wholly within the principal or accessory structures.
(2)
No more than 15% of the gross floor area of the principal dwelling and any accessory structures used shall be devoted to the conduct of the home occupation.
(3)
Articles not produced on the premises shall not be sold on the premises.
(4)
There shall be no display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for delivery off the premises.
(5)
Exterior displays or signs other than those permitted in this chapter, exterior storage of material, and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
(6)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. The use shall comply with the performance standards of this chapter.
(7)
The use shall not significantly intensify vehicular or pedestrian traffic, which is normal for the residences in the neighborhood.
(8)
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.
(9)
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.
(10)
The use shall not cause an increase in the use of water, sewage, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
(11)
The use shall not cause a negative impact on lot values in the immediate neighborhood.
(12)
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 permitted to be parked on the premises.
(13)
The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception, including but not limited to:
(a)
Beauty shops or barber shops containing more than two chairs;
(b)
Clinics, hospitals or nursing homes;
(c)
Kennels, veterinary offices and clinics;
(d)
Mortuaries;
(e)
Private clubs;
(f)
Private instruction to more than three students at a time;
(g)
Restaurants or tearooms;
(h)
Stables;
(i)
Tourist or boarding homes;
(j)
Vehicle or equipment rental, repair or sales;
(k)
Auto sales/service and repair, as defined by this chapter.
(14)
Day-care homes, other than those defined in this chapter, shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements:
(a)
Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.
(b)
A safe area shall be provided for the dropoff and pickup of children which does not obstruct the free flow of traffic on any public street.
(c)
Off-street parking shall be provided in accordance with the requirements of this chapter.
U.
Hotel/motel.
(1)
Dropoff/temporary parking areas shall remain free and clear of obstructions for general safety and Fire Department access.
(2)
Parking shall be located to the side and/or rear of the principal building on the lot.
(3)
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.
(4)
Service of meals and/or beverages (alcoholic/nonalcoholic) must be secondary to the principal use of room or suite rental.
(5)
Secondary eating establishments serving alcoholic beverages or secondary bars or nightclubs must be licensed by the Pennsylvania Liquor Control Board.
(6)
The owner(s)/operator(s) of a hotel/motel shall be responsible for the conduct and safety of the renters and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by renters or guests.
V.
Light manufacturing.
(1)
Buffering of parking and loading areas shall be provided in accordance with this chapter.
(2)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced.
(3)
As part of all land development or conversion of an existing building, the landowner and/or developer shall provide a plan for photometrics of the lot.
(4)
All materials and equipment shall be stored within a completely enclosed building.
(5)
The use shall comply with all performance standards specified in this chapter.
(6)
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.
(7)
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.
W.
Livery.
(1)
The landowner and/or developer shall be required to prepare and submit a traffic impact analysis of the proposed development. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.
X.
Marina, dock, portals for water access.
(1)
The landowner and/or developer shall be required to prepare and submit a traffic impact analysis of the proposed development. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.
(2)
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
Y.
Medical office.
(1)
The landowner and/or developer shall be required to prepare and submit a traffic impact analysis of the proposed development. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.
(2)
Medical offices are permitted only on the second floor of a building in the C1 Zoning District.
AA.
Pharmacy.
(1)
The maximum gross floor area for a pharmacy is 2,500 square feet in the C1 Zoning District and 5,000 square feet in the C2 Zoning District.
(2)
Drive-through facilities are not permitted in the C1 Zoning District.
(3)
Parking facilities shall not be constructed between the building front facade and the front lot line.
BB.
Place of assembly/worship.
(1)
A place of assembly/worship's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(2)
The landowner and/or developer shall be required to prepare and submit a traffic impact analysis of the proposed development. Potential implementation strategies of necessary infrastructure and/or safety improvements shall be identified in response to the analysis findings.
(3)
The number of points of ingress/egress shall be based upon projected peak-hour traffic for the use and approved by the Borough Engineer to ensure employee and visitor safety.
(4)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(5)
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
(6)
For parking demands greater than 300 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
CC.
Professional and business offices.
(1)
Professional and business offices are permitted only on the second floor of a building in the C1 Zoning District.
DD.
Public park, recreation area, playground.
(1)
Such use may only be constructed in association with an institutional or municipal land use.
(2)
All lighting shall be shielded from adjacent streets and properties.
(3)
Any facility located within 200 feet of a property line adjoining a residential use or zoning classification shall cease operations at 12:00 midnight.
EE.
Public utility building.
(1)
Unhoused equipment shall be enclosed within a fence constructed of materials present on the majority of adjacent principal structures. Said fence shall be a minimum of six feet in height.
(2)
Housed equipment. When the equipment is totally enclosed within a building, no fence or screen planting shall be required, and the yards shall be maintained in accordance with the zoning district in which the facility is located.
(3)
The external design of the building shall be to the greatest extent possible in conformity with the design of the majority of buildings on the block, face and adjacent lots of the subject lot.
FF.
Research and development establishment.
(1)
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this chapter.
(2)
A research and development facility shall have one point of ingress and egress to a public arterial or collector street.
(3)
Hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
(4)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Borough for record.
GG.
Restaurant, sit-down.
(1)
Sit-down restaurants located in the C1 Zoning District must designate at least 60% of its gross floor area accessible for use by customers.
(2)
The total size of a sit-down restaurant in the C1 Zoning District must not exceed 5,000 square feet.
(3)
Outdoor seating is permitted but will be included in the total gross floor area. Outdoor seating may not exceed 25% of the total gross floor area.
(4)
If outdoor seating is adjacent to a residential zoning district, a planted or structural buffer shall be designed and constructed supporting the principals and intents of the Borough's Design Guidelines.
(5)
Dumpster and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No dumpster and/or service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.
(6)
Outdoor storage of materials shall not be permitted.
(7)
Restaurants in the C1 Zoning District are not permitted to have drive-through facilities.
HH.
Restaurant, take-out.
(1)
The total size of a take-out restaurant in the C1 Zoning District must not exceed 2,500 square feet.
(2)
Exterior trash receptacles shall be provided and routinely emptied so as to prevent the scattering of litter.
(3)
Restaurants in the C1 Zoning District are not permitted to have drive-through facilities.
(4)
For restaurants with drive-through facilities in the C2 Zoning District:
(a)
Drive-through window lanes shall be separated from the parking lot's interior driveways and shall provide at least 100 feet of on-site stacking per lane preceding the food order location.
(b)
Any exterior speaker/microphone system shall be arranged and/or screened to prevent objectionable noise impact on adjoining lots.
(c)
All exterior seating/play areas shall be completely enclosed by a minimum three-foot-high fence.
(5)
Dumpster and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No dumpster and/or service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.
(6)
Outdoor storage of materials shall not be permitted.
II.
Retail, large-scale.
JJ.
School, commercial/other.
(1)
Required off-street parking for the school shall be clearly designated and shall be located within 300 feet of the entrance to the school.
(2)
All buildings shall be set back at least 15 feet from any adjoining land used for residential purposes. Buffer yards shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses, and ground covers. Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards when not used in combination with trees and shrubs.
(3)
Enrollment shall be defined as the largest number of students on the site at any one time during a seven-day period.
(4)
Student dropoff and pickup areas shall be provided and arranged so that students do not have to cross traffic lanes on or adjacent to the site. The configuration of access drives and parking lots shall be aligned to minimize circulation conflict with surrounding uses.
(5)
Parking shall be provided based upon peak class time in accordance with the following ratio: one space for every two persons enrolled plus 1 per faculty/staff of said peak class time.
KK.
Storage building for retail on premises.
(1)
The building shall be lit on the interior and exterior for safety.
(2)
Primary access to the building shall be designed to ensure that vehicular and pedestrian traffic has access to the right-of-way but does not encumber circulation within the right-of-way.
(3)
To maintain continuity of existing Borough development, the retail structure and the storage building shall appear similar and related in character and function.
MM.
Warehouse.
(1)
All vehicular maneuvering for warehouse uses shall be located on site.
(2)
Curb cuts shall be minimized to the maximum extent feasible in order to achieve access to the site.
(3)
The applicant shall provide a detailed description of the nature of the on-site activities and operations, the types of materials stored, the frequency of distribution and restocking, the duration period of storage of materials, and the methods for disposal of any surplus or damaged materials. In addition, the applicant shall furnish evidence that the disposal of materials will be accomplished in a manner that complies with state and federal regulations.
(4)
The Borough Council shall determine that such use will not create detrimental impacts on the surrounding lots, taking into consideration the probable traffic generation, the physical relationship of the proposed use and structure to surrounding uses and structures, the emission of noise or glaring light, and proposed accessory uses, such as meeting facilities.
(5)
Loading areas shall not be visible at ground level from a public right-of-way or an adjacent residence. A landscaped buffer yard of a minimum of 25 feet in width shall be provided adjacent to all existing residences. Buffer yards shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses, and ground covers. Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped buffer yards when not used in combination with trees and shrubs.
(6)
Outdoor storage of foods and/or materials shall not be permitted.
(7)
The ground surface of off-street parking and loading spaces shall be paved with bituminous paving, brick, concrete or stone block paving to protect the surrounding neighborhood from inappropriate dust and other disturbances.
(8)
The building height of a warehouse located in the Riverfront Overlay District shall be compatible with the height of buildings on adjacent lots.