Purpose. Conditional use provisions apply to all uses identified as conditional uses in the tables of authorized uses (principal and accessory).[1] 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 Borough Council may deem necessary to implement the purposes of this chapter.

Not all conditional 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 Borough Council may apply conditions identified in this section, on these uses, upon a finding that the use is similar in nature to a specific use that is listed.

If the conditional use involves physical improvements that have not been substantially initiated within two years of the date of approval or authorization approval of the conditional use, the approval shall lapse.

Procedure. Borough Council shall consider the conditional use application and render its decision in accordance with the requirements of the MPC[1] and this chapter and subject to the following:

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.

Application content. An application for approval of a conditional use shall include the following:

Administrative review and determination of complete application. Upon submission of a conditional use application, the Borough shall review the conditional use application for completeness of required submission items. 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 along with the missing material at any time.

The Borough shall submit the complete conditional use application to the Planning Commission for review and recommendations. The Planning Commission shall review the application and make a written recommendation to the Borough 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 (SALDO).

The Borough 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 and in accordance with § 908(1) of the MPC.[5] The hearing shall be commenced by the Borough 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.

Conditions. In considering any conditional use, the Borough Council may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the Borough Council deems necessary to implement the purposes of the MPC[6] 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.

Written decision in accordance with § 908(10) of the MPC.[7] The Borough 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 Borough 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. To all other persons who have filed their name and address with the Borough Council not later than the last day of the hearing, the Borough Council shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

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 Borough 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 a one year or twelve-month extension. The Borough 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.

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 one year or 12 months of the effective date of this chapter or as specified in the approval, unless the Borough 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.

All provisions of the Subdivision and Land Development Ordinance (SALDO) which are not specifically modified by the Borough Council in approving a conditional use, shall apply to any conditional use involving subdivision and land development.

Burden of proof. In any application for conditional use, the applicant shall have the burden of persuasion 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.

Purpose. Special exception use provisions apply to all uses identified as special exception uses in the tables of authorized uses (principal and accessory).[1] The special exception use approval process is designed to allow the ZHB 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 ZHB 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 ZHB may deem necessary to implement the purposes of this chapter or the MPC.[2]

Not all special exception uses authorized in the tables of authorized uses (principal and accessory)[3] 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 tables of authorized uses (principal and accessory), the general standards for all conditional uses and special exceptions shall still apply. In addition, the Borough Council may apply conditions identified in this section, on these uses, upon a finding that the use is similar in nature to a specific use that is listed.

If the special exception involves physical improvements that have not been substantially initiated within two years of the date of approval or authorization approval of the special exception, the approval shall lapse.

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 (SALDO)[2] shall be submitted to the Planning Commission and Borough Council following approval of the use by special exception by the ZHB.

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.

Application content. An application for approval of a special exception shall include the following:

Administrative review and determination of complete application. Upon submission of a special exception application, the Borough shall review the application for completeness of required submission items. 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 along with any missing material at any time.

A hearing pursuant to public notice, as defined herein, shall be commenced by the ZHB 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 § 908 of the MPC.[4]

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 ZHB 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.

Conditions. In considering any special exception, the ZHB may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as the ZHB deems necessary to implement the purposes of the MPC[5] 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 finding of violation, shall require that the special exception use be discontinued until the violation is corrected.

In accordance with the Comprehensive Plan the use shall be consistent with the spirit, purposes, and the intent of this chapter.

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.

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.

The application shall include proper site layout, internal circulation, parking, buffering, and all other elements of proper design as specified in this chapter.

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. Ingress, egress, and internal traffic circulation shall be designed to minimize congestion during peak usage of the facility.

The proposed use shall not substantially change the character of any surrounding residential neighborhood after considering any proposed conditions upon approval.

The proposed use shall not create a significant hazard to the public health, safety, and welfare.

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.

Outdoor lighting, if any, shall be shielded and reflected away from adjoining properties so that no direct beam of light, but only diffuse or reflected light, enters adjoining properties.

Permitted reuses. Structures determined to meet the criteria of adaptive reuses may be reused for the following purposes by conditional use:

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 contains a historic structure as defined by this chapter. Properties not required to meet the standards for historic preservation shall make exterior alterations generally consistent with the original structure's architecture and the neighborhood in which it is located.

Parking shall meet the requirements of Article X of this chapter based on the permitted reuses.

The 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 and subject property.

The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.

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.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Borough Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The site shall be serviced by public water and sanitary sewer systems.

The owner and operator of the facility shall be responsible for the conduct and safety of the employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by employees, visitors, and guests.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Lot size. Care facilities and senior housing must be located on a minimum of 10 acres.

All care facilities or senior housing must comply with the density of development limits of the underlying zoning district in which it is located.

The facility shall be duly licensed by the Commonwealth of Pennsylvania and shall operate in accordance with the regulations of the licensing agency.

The facility shall provide on-site all required off-street parking and loading spaces.

The site shall be served by public water and public sanitary sewer systems.

The facility shall have its principal traffic access from a public street with sufficient capacity to handle the traffic generated by the use. A traffic study shall be required in accordance with the Subdivision and Land Development Ordinance (SALDO).[1]

Ingress, egress, and internal traffic circulation shall be designed to ensure adequate and safe access by emergency vehicles.

The parking and circulation plan shall be referred to the Glen Osborne Borough Volunteer Fire Department and the Borough Engineer for comments regarding traffic safety and emergency access.

Ambulance, delivery, and service areas shall be obscured from the view of adjacent residential properties by fencing, screening, or planting as approved by the Borough.

The developer must record a covenant that runs in perpetuity that prohibits the property from being used for any other purposes than senior housing. Proof of said recording must be provided to the Borough prior to issuance of any permits for the development.

The minimum lot area shall be 25 acres and the maximum lot area shall be 100 acres.

A drainage plan, showing the lot's existing and proposed runoff characteristics, shall be submitted with the application for approval.

An additional 10 feet of yard setback with landscape buffering a minimum of six feet in height for off-street parking, loading areas, outdoor service areas and storage areas shall be provided as defined by this chapter to protect the surrounding neighborhood from inappropriate light and other disturbances.

At no time shall a corpse be exposed or visible from a public street or adjacent lot.

An inventory of type and quantity of all toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids utilized, stored and/or transferred shall be filed with the Borough on an annual basis.

The owner(s) and operator(s) of a cemetery shall incorporate best management practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation and surface water and groundwater contamination.

No more than one sign shall be permitted. Said sign shall be either a ground or wall sign.

Expansion and/or establishment of cemeteries must be in conjunction with and adjacent to existing cemeteries or religious facilities.

Adequately funded programs and provisions which meet the approval of the Borough Solicitor shall be provided to guarantee perpetual care of all cemetery grounds. This provision shall apply to existing cemeteries for which expansions are proposed.

All garages, equipment shelters, offices, and similar structures shall be screened from adjacent streets and residential properties by appropriate planting or fences approved by the Borough Council on the basis of design, aesthetic quality, and general adequacy.

All equipment shall be properly stored when not in use.

Such use shall not exceed the impact on the environment and adjacent streets of any use specifically listed as permitted in the zoning district in which the commercial school is located. In making such determination, the Borough Council shall consider the following characteristics of the proposed use:

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

Commercial schools shall have a minimum of one point of ingress/egress to a collector or arterial road as defined by this chapter. The road shall have sufficient capacity to handle traffic generated by the facility.

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.

At no time shall any supply materials or equipment be permitted to be stored outdoors.

The owner(s) and operator(s) of a commercial school shall be responsible for the conduct and safety of its students, staff, visitors, or guests and shall be available to respond to inquiries and promptly quell any disturbances caused by its students, staff, visitors, and guests.

Ingress, egress, and traffic circulation on the site shall be designed to minimize hazards and congestion.

The applicant shall demonstrate that the granting of the proposed use shall not materially increase traffic congestion on adjacent roads and highways.

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

All sales and/or storage or display of all merchandise, including seasonal items, such as bagged wood chips, peat moss, rock salt, flowers, etc., shall be conducted within a completely enclosed building.

Cryptocurrency mining facilities shall be reviewed as a conditional except if adjacent to a residential zoning district (excluding roads and other ROWs) or within 500 feet of residential property boundary or a residential zoning district when they shall be reviewed as a special exception.

These facilities shall be required to develop or purchase sufficient new renewable energy to offset 100% of the electricity consumed by the cryptocurrency mining operation. To meet this condition, the cryptocurrency mining operation must be able to establish that their actions will introduce new renewable energy onto the electrical grid beyond what would have been developed otherwise.

Verification must be provided that all electronic waste generated at the cryptocurrency mining operation will be handled by a DEQ-licensed electronic waste recycling firm.

The facility shall be registered with and/or licensed by the commonwealth. Proof of this valid license shall be provided to the Borough prior to the Borough's issuance of a zoning occupancy permit for the use.

An adequate area shall be provided for safe dropoff and pickup. Areas for dropoff and pickup shall be safe for vehicle traffic and typically be separated from normal vehicle traffic and shall not cause traffic congestion or unsafe traffic circulation either on site or on the adjacent public streets.

These provisions do not apply to home-based day cares which are classified as an accessory use.

The facility shall be licensed as such by the Commonwealth of Pennsylvania. Proof of this valid license shall be provided to the Borough prior to the Borough's issuance of a zoning occupancy permit for the use.

Ingress and egress to the site shall be designed to ensure the safe dropoff and pickup of children. All dropoff locations shall be designed so as to not interfere with the free flow of traffic on adjacent streets.

Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and shall be secured by a fence at least four feet in height, with a self-latching gate. The location of the outdoor play area shall take into account the relationship to adjoining properties.

Interior space shall be provided as per the regulations of the Pennsylvania Department of Human Services. In addition, other lot and area requirements within the zoning district in which the day care is proposed shall apply.

Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength by the Borough may be required along the lot's perimeter for the protection of those using the day care.

Exterior open space shall be provided, being usable and accessible only for the children at a minimum ratio of 65 square feet per child. Interior space shall be provided as per the regulations of the Pennsylvania Department of Human Services. In addition, other lot and area requirements within the zoning district in which the day care is proposed shall apply.

Off-street parking spaces required for day care homes shall be one for each 300 square feet of gross floor area with a minimum of four spaces.

Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength by the Borough may be required along the lot's perimeter for the protection of those using the day-care home.

All dropoff locations shall not interfere with the free flow of traffic on adjacent streets.

Apartment.

Conversion dwelling unit.

Duplex.

Garden apartment.

Manufactured home. Area and bulk requirements (lot sizes, lot widths, setbacks, etc.) shall be determined by Borough Council on a case-by-case basis.

Mobile home.

Multifamily dwelling.

Quadruplex.

Townhouse.

Two-family dwelling.

The use shall have one direct point of vehicular access from an arterial or collector street. The point of vehicular access shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood and subject property.

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.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Borough Council or Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The site shall be serviced by public water and sewer systems.

The owner and operator of the facility shall be responsible for the conduct and safety of the students, employees, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by students, employees, visitors, and guests.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation system shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location, orientation, and site circulation shall be provided in accordance with the municipality in which the facility is located.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. As part of its decision, the Borough Council or Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The operator of the facility shall provide the municipality in which the facility is located with a floor plan, drawn to scale, clearly delineating all rooms or sleeping areas, all points of ingress and egress to the facility, and the interior circulation plan indicating the flow of traffic on the site and primary point or points or vehicular access.

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

All off-street parking areas which adjoin residential zoning districts shall be screened by a six feet dense, compact evergreen hedge.

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

No gas/fuel station shall be located within 1,000 feet of another gas/fuel station.

Access driveways to the service station shall be at least 30 feet from the intersection of any public streets.

Gasoline pumps shall be located at least 30 feet from the edge of the ROW of a public street.

The ingress and egress shall not create hazardous conditions or undue congestion of traffic circulation in the immediate area.

Air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 10 feet from any property line.

All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.

All canopy lighting must be fully recessed within the canopy.

The minimum site size required shall be two acres.

The number of residents permitted shall not exceed one per every 5,000 square feet of lot area.

Bufferyards as required by this chapter shall be installed along the perimeter property lines.

All outdoor lighting shall be shielded and reflected away from adjacent properties.

Hours of operation and activities must be appropriately scheduled to protect adjacent properties from unreasonable disturbance or interruption.

The location of buildings and facilities, traffic circulation and parking areas on the site shall be designed to provide adequate access for emergency vehicles.

The site shall be served by and connected to a public sewer system and public water system at the cost of the landowner and/or developer.

All applicable county, state, and federal permits shall be applied for prior to issuance of Borough permits. Documentation of the county, state, and/or federal approval shall be submitted as part of the conditional use application.

Copies of all state and federal licenses and operating permits shall be supplied to the Borough on an annual basis.

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

The site shall be services by public water and public sanitary sewer systems.

Parking areas shall be screened from adjacent lots with a 50%–50% mix of deciduous and evergreen planting material to provide a year-round bufferyard.

The minimum site size shall be 10 acres.

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

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

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

Junkyards shall comply with the performance standards of Article XI.

No junk shall be stored or accumulated, and no structure shall be constructed within 100 feet of any residential lot or within 40 feet of any lot line or public right-of-way.

The premises shall be enclosed by a metal chain-link fence not less than eight feet in height supported on steel posts with a self-latching gate. The fence shall be supplemented with screening material, which creates a visual barrier that has a minimum capacity of 80%.

All lot lines adjoining a residential use or zoning district shall be screened by the appropriate bufferyard as may be required per this chapter in Article VI.

The site shall be designed utilizing natural topography and/or constructed earth mounds so as to not be visible from the adjoining public rights-of-way.

A business established for the purposes of wholesale landscaping shall have one point of ingress and egress to a public road ROW. The point of ingress and egress shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicular.

Equipment storage shall be permitted to include man-operated or mechanical equipment or other machinery that is in operable condition. The storage of inoperable vehicles is prohibited.

The storage of combustible materials shall be limited to 25 feet in height with available fire defense measures as approved by the Borough Volunteer Fire Department. The storage of noncombustible materials shall be limited to 30 feet in height, in order to minimize:

Site grading shall be completed to ensure that surface runoff is directed away from any and all material storage areas.

The owner(s) and operator(s) of a wholesale landscaping service center shall incorporate best managements practices as outlined in the Pennsylvania Handbook of Best Management Practices for Developing Areas to minimize negative impacts of erosion, siltation, and surface water and groundwater contamination.

The minimum distance between buildings shall be 30 feet.

The maximum length of any building shall be no more than 200 feet.

Screen walls.

No excessive noise, dust, odor, vibration, or light shall be generated to disturb the surrounding neighborhood.

No storage or transfer of toxic, corrosive, flammable, carcinogenic, or explosive materials, chemicals, liquids, gases, or solids shall be permitted, with the exception of gasoline, diesel fuel, and oil for the operation and maintenance of motorized vehicles and equipment.

The ground surface of off-street parking shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances. Loading and equipment storage areas shall, at a minimum, be paved with crushed limestone aggregate.

The hours of operation for material pickups, delivery, outdoor processing, and outdoor manufacturing operations shall be limited to 7:00 a.m. to 8:00 p.m.

No more than one identification sign shall be permitted. The identification sign shall be a ground or a wall sign and shall have a maximum graphic area of 40 square feet.

State or national certification from one of the following entities shall be required for all employees, excluding administrative staff: National Certification Board for Therapeutic Massage and Bodywork; American Massage Therapy Association; Association of Bodywork and Massage Practitioners; National Certification Commission for Acupuncture and Oriental Medicine; International Massage Association; or a Borough Council approved equivalent. In addition, all employees, excluding administrative staff, must have at least 500 hours of professional training.

Hours of operation shall be restricted to 8:00 a.m. to 8:00 p.m., prevailing time. As part of its decision, the Borough Council may further regulate the hours of operation for the facility in order to prevent adverse impacts on adjoining properties.

The facility shall operate in compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania.

A massage establishment shall be initially licensed, where it has met the applicable requirements set forth in the Borough's various regulations and ordinances, through December 31st of the year in which the license is issued. For each year thereafter that the massage establishment intends to continue as a massage establishment, it must seek from the Borough a renewal of this license. The application for renewal must be received by the Borough no later than November 1st of the year preceding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Borough to deny or revoke an occupancy permit to a massage establishment.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties in terms of noise, traffic, hours of operation, and lighting pollution.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Borough Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

The site shall be serviced by public water and public sewer systems.

The owner and operator of the establishment shall be responsible for the conduct and safety of the employees, customers, visitors, and guests and shall be available to respond to inquiries and promptly resolve any issues caused by the employees, customers, visitors, and guests.

If constructed in conjunction with a nonresidential use, the residential land use shall not be located on the first floor.

Individual access shall be provided to each dwelling unit.

Where pilot manufacturing is related to research and development, the total floor area devoted to pilot manufacturing shall not exceed 25% of the total floor area of all buildings devoted to research and development.

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

The storage, use, or manufacture of hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the pilot manufacturing activity, and the transportation, handling, use and disposal of such materials shall conform with all applicable regulations and permit requirements of the EPA and the DEP.

Lighting shall be oriented away from adjacent properties and shall not exceed 0.1 footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandles between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Borough Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

To ensure public health and safety, the site shall be served by and connected to a public sanitary sewer system and public water system at the cost of the landowner and/or developer.

The owner and operator of the facility shall incorporate best management practices (BMPs) for erosion and sedimentation control as described in the DEP Erosion and Sediment Pollution Control Program Manual, as amended, and stormwater management as described in the DEP Stormwater Best Management Practices Manual, as amended in order to minimize nonpoint pollution from the activity. The applicant shall submit a report describing the BMPs that will be used on the site and notify the Borough whenever a change is made to those BMPs. Whenever a change is made to the BMPs used on the site, the owner and operator shall certify that the new BMPs provide equal or greater pollution prevention protection than the former management practice.

All buildings and structures shall be set back at least 100 feet from all lot lines and rights-of-way.

The primary visitor dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.

All outdoor lighting shall be shielded and reflected away from adjacent properties.

All dumpsters and/or waste collection areas shall be enclosed by a solid masonry screen.

If the parking area for a place of worship or place of assembly is adjacent to a single-family residential lot, any parking areas that demand greater than 10 automobiles, the following shall apply:

All buildings and structures shall be set back at least 100 feet from all lot lines and rights-of-way.

The primary visitor dropoff and pickup areas shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhoods.

Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.

All outdoor lighting shall be shielded and reflected away from adjacent properties.

All dumpsters and/or waste collection areas shall be enclosed by a solid masonry screen.

If the parking area for a place of worship or place of assembly is adjacent to a single-family residential lot, any parking areas that demand greater than 10 automobiles, the following shall apply:

Private clubs shall be open to members and their guests only.

Any outdoor recreation areas shall be located a minimum of 30 feet from the closest property line. A planting screen of varying heights (no less than four feet in height), plus consisting of a 50%–50% mix of evergreens and deciduous trees, or opaque fencing, shall be installed within said buffer yard to achieve an overall maximum transparency of 15%.

The perimeter of the lot accommodating such use shall be planted or fenced in accordance with the provisions of this chapter to discourage public access.

Ingress to and egress from the facility shall be permitted by roads to serve only the public utility building or transmission facility, unless approved by the Borough Council.

A non-climbable security fence at least eight feet in height shall be installed around all portions of the facility.

Lighting shall be oriented away from adjacent properties and shall not exceed one footcandle of illumination when measured from an adjacent lot line. Lighting levels visible from an adjacent lot line of a residential use or residential zoning district shall be reduced to at least half of the maximum permitted footcandle between 11:00 p.m. and 6:00 a.m., prevailing time. As part of its decision, the Borough Council may further regulate outdoor lighting for the facility in order to prevent adverse impacts on adjoining properties.

An interior circulation plan shall be submitted illustrating a minimum of three consecutive vehicles in staking position.

A minimum eighteen-foot wide fire lane shall be provided on at least two sides of the structure. Traffic access aisleways may function as fire lanes.

All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in Article X of this chapter.

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.

All dumpsters shall be located in the rear setback yard and shall be screened appropriately. All screens shall have a length of eight feet in height and shall have a minimum opacity of 80%.

Mechanical equipment location(s) are subject to Borough Council approval and shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.

No more than one sign shall be permitted. Said sign shall be a ground or a wall sign.

If the proposed fast-food restaurant contains a drive-through facility, it shall also meet the conditional use criteria for a "drive-through facility" as outlined in this chapter.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

The site shall be connected to public water and public sanitary sewer systems.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

The hours of operation and activities for a take-out only restaurant shall be appropriately scheduled to protect adjoining neighborhoods from detrimental noise, disturbance, or interruption.

All off-street parking shall be provided on the lot. The number of off-street parking spaces shall be provided as defined in Article X of this chapter.

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.

All dumpsters shall be located in the rear setback yard and shall be screened appropriately. All screens shall have a length of eight feet in height and shall have a minimum opacity of 80%.

Mechanical equipment location(s) are subject to Borough Council approval and shall be designed and screened so that visibility from an adjacent residential zoning district is minimized to the greatest extent possible.

No more than one sign shall be permitted. Said sign shall be a ground or a wall sign.

If the proposed take-out only restaurant contains a drive-through facility, it shall also meet the conditional use criteria for a drive-through facility as outlined in this chapter.

The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.

The site shall be connected to public water and public sanitary sewer systems.

Vehicular and pedestrian access to the proposed development shall be designed and provided to maximize pedestrian and vehicle safety.

The vehicular and pedestrian circulation systems shall be designed to minimize conflicts between vehicular and pedestrian circulation.

Such use shall not be located within 100 feet of any lot line adjoining residential use or residential zoning district.

There shall be no storage of parts or dismantled vehicles outside an enclosed building.

All repair work shall be performed within an enclosed building, which has adequate ventilation and fire protection provisions.

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

Vehicles or equipment awaiting repair shall be kept in an enclosed wall or building or in an outdoor area which is screened by an eight-foot high hedge or opaque fence within a minimum capacity of 80%.

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

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)[1] or in the use tables of the zoning ordinances of the Boroughs of Sewickley and Glen Osborne, may be permitted as a conditional use in the C-1 zoning district.

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, which shall review and make a determination if the proposed use is similar to another use contained in the tables of authorized uses (principal and accessory).

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.

In considering if a proposed use is similar to an existing use contained in the table of authorized uses (principal and accessory), the Borough is 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 (principal and accessory).

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.