(A)   The criteria for conditional uses and special exceptions are listed below. The Borough Council or the Zoning Hearing Board (as the case may be), in granting conditional uses and special exceptions, are charged with considering the effect that such proposed uses will have upon the immediate neighborhood. The preservation and integrity of existing development must be carefully weighed and given priority in each decision. In granting a conditional use or a special exception, the Borough Council or the Zoning Hearing Board (as the case may be) may attach reasonable conditions and safeguards, in addition to those expressed in this chapter, as they may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this chapter.

   (B)   Applications for conditional uses and special exceptions shall be made to the Zoning Officer. Conditional uses shall be granted or denied by the Borough Council after the recommendation of the Borough Planning Commission. Special exceptions shall be granted or denied by the Zoning Hearing Board. Procedures for both shall follow those specified in this chapter and the Planning Code.

   (C)   This subchapter contains specific standards for conditional uses and special exceptions allowed in each zoning district. It shall be the responsibility of the applicant to illustrate compliance with these standards to the borough. In granting a conditional use or special exception, the Borough Council or Zoning Hearing Board may also add reasonable additional conditions and safeguards beyond the specific criteria for each conditional use or special exception. The purpose of such additional conditions and safeguards is to further mitigate negative impacts of a development upon specific sites, and make the conditional use more compatible with the surrounding zoning district. Such reasonable additional conditions and safeguards may include, but are not limited to:

      (1)   Establishment of screening and buffering, or an increase in screening and buffering normally required;

      (2)   Limitations upon hours of operation;

      (3)   Establishment of fencing for purposes of security, limiting vehicular access or control of windblown trash;

      (4)   Limits upon future subdivision of property to prevent the creation of a lot too small for the approved conditional use;

      (5)   Changes in the proposed location or design of access drives or parking areas to prevent traffic hazards, congestion or the impacts of increased traffic upon local access and residential streets; and

      (6)   Other conditions to ensure that the exterior appearance of a building or property is in harmony with surrounding development, including an agreement by the applicant to adhere to any design standards of the borough Subdivision and Land Development Ordinance (Chapter 156).

   (D)   The developer will be notified in writing of any such reasonable additional conditions and safeguards imposed by the applicable board as part of an approval.

(1980 Code, Ch. 28, Part 4, § 28-401) (Ord. 1419, passed 9-16-2013, § 401)

   (A)   Essential services such as underground piping, poles, wire, cable and similar apparatus shall not require a permit.

   (B)   This special exception includes only buildings and structures used for the provision of essential services.

      (1)   The design and landscaping shall be compatible with and preserve the character of any adjoining residential uses.

      (2)   Screen planting or buffering may be required as a reasonable additional condition of approval. If the structure is fenced, screening shall be located on the outside of the fence.

      (3)   Any security fencing shall be set back at least six feet from any lot line containing a single-family dwelling. Areas between the security fence and the property line shall be landscaped and maintained.

      (4)   Outdoor lighting shall be designed to prevent glare to adjoining properties through the use of full cutoff fixtures.

      (5)   There shall be no permanent employee stationed at the structure, or use of any structure for a permanent office, workshop, or similar installation.

(1980 Code, Ch. 28, Part 4, § 28-402) (Ord. 1419, passed 9-16-2013, § 402)

   (A)   Day care services for children shall be defined as type consistent with Commonwealth licensing (see § 156.146 for definitions). No day care home shall expand into another Commonwealth defined class without zoning approval.

   (B)   Any outdoor play area shall be effectively fenced from access to abutting properties or streets with a solid or opaque fence of at least four feet in height.

   (C)   If the lot is located on a state highway route that does not provide on street parking, a turning place shall be provided on-lot to assist drivers in avoiding backing on to a state highway.

   (D)   The operator shall secure and keep current all permits from the Commonwealth or other licensing agencies.

(1980 Code, Ch. 28, Part 4, § 28-403) (Ord. 1419, passed 9-16-2013, § 403) Penalty, see § 156.999

   Home occupations are a potential intrusion upon residential areas and are limited in size and scale to mitigate these impacts.

   (A)   Parking. In addition to providing the required parking spaces for residents of the dwelling units, off-street parking must be provided for employees and customers in accordance with the criteria set forth by this chapter.

   (B)   Employees. No more than one outside employee, other than a family member, shall participate or work in the home occupation.

   (C)   Restrictions. No home occupation which would cause undue noise, traffic or other intrusion upon the neighborhood shall be allowed. Among the activities excluded shall be kennels, veterinary offices, restaurants, small motor repair, automotive repair, automobile body work and similar undertakings.

   (D)   List. Home occupations may include, but are not limited to, art studios, music studios (limited to one student at a time), professional services, beauty shops and dressmakers.

   (E)   No change in outward characteristics of home. The nature of the home occupation shall not change the outward characteristics of the home as a residential unit.

   (F)   Space. No more than 25% (in aggregate) of the home may be used for a home occupation

   (G)   Sign. One sign no larger than two square feet in any other district may be used to announce the name or purpose of the home occupation.

   (H)   Hours. Home occupations shall not operate before 8:00 a.m. nor after 9:00 p.m.

   (I)   Restriction. No more than one home occupation per dwelling shall be permitted.

   (J)   Exterior storage of materials. No exterior storage of materials shall be permitted.

(1980 Code, Ch. 28, Part 4, § 28-404) (Ord. 1419, passed 9-16-2013, § 404) Penalty, see § 156.999

   (A)   The purpose of this use is to facilitate affordable housing and encourage greater diversity of population with particular attention to young adults and senior citizens without altering the density of single-family residential neighborhoods. The intent is that the accessory apartment shall be clearly incidental and subordinate to a single-family dwelling.

   (B)   The accessory apartment must be located in a garage or another building separate from the principle dwelling unit.

   (C)   The owner of the property shall occupy either the principal dwelling unit or the accessory apartment. For the purposes of this section, the OWNER shall be one or more individuals residing in a dwelling who hold legal or beneficial title and for whom the dwelling is the primary residence for voting and tax purposes. The owner resident shall agree to inform the borough upon any status change in residency, such as sale or vacation of the property.

   (D)   There shall be adequate off-street parking space for one additional motor vehicle per apartment.

   (E)   The accessory apartment shall contain no more than one bedroom.

(1980 Code, Ch. 28, Part 4, § 28-405) (Ord. 1419, passed 9-16-2013, § 405) Penalty, see § 156.999

   (A)   While a necessary public benefit, the intensity of traffic and activity at schools can create land use conflict with residential neighborhoods.

   (B)   The school shall be located on a lot abutting a state-maintained road or highway.

   (C)   Shall provide all parking and loading/unloading requirements as required by this chapter. No parking or loading area for discharge of children shall be located on a public street cartway.

   (D)   The design and landscaping shall be compatible with and preserve the character of adjoining residential uses.

   (E)   Recreation/play areas that abut residential uses shall provide screen planting.

   (F)   Any outdoor lighting shall be designed to prevent glare to adjoining properties.

   (G)   No outdoor stadium or sports field shall be located within 100 feet of an adjoining single-family dwelling.

(1980 Code, Ch. 28, Part 4, § 28-406) (Ord. 1419, passed 9-16-2013, § 406) Penalty, see § 156.999

   (A)   This section shall apply only to former public buildings (including, but not limited to, schools, churches, former commercial buildings).

   (B)   Structures which meet the criteria outlined in this section may be reused for the following purposes by conditional use:

      (1)   Day care facilities of all types;

      (2)   Personal care homes;

      (3)   Professional office;

      (4)   Hospitals and medical clinics for humans;

      (5)   Civic or cultural building;

      (6)   Studio of an artist or musician;

      (7)   Personal service business limited to an exercise facility or gymnasium; and

      (8)   Barber or beauty salon.

   (C)   Any expansion of a structure being approved as an adaptive re-use shall meet all applicable yard and coverage standards.

   (D)   All parking standards of this chapter shall be met.

   (E)   To protect the scale of neighborhoods and integrity of historic structures, no building expansions shall result in a total gross floor area of greater than 7,000 square feet.

   (F)   Design standards for alteration or expansion.

      (1)   The applicant may choose to employ the Secretary of the Interior’s Standards for Historic Preservation in undertaking any alteration, in which case, evidence of compliance shall be furnished.

      (2)   Otherwise, the following design standard shall apply to any expansion, replacement or exterior alteration.

         (a)   The original building footprint or a smaller area is adhered to for all yard lines. The principal entrance shall be located on the same street frontage as the original building.

         (b)   Buildings shall generally relate in scale and design features to the surrounding buildings and the previous building on site.

         (c)   Long monotonous uninterrupted walls or roof planes shall be avoided.

         (d)   Window arrangement shall be architecturally compatible with the style, materials, colors and details of the building. Windows shall be vertically proportioned whenever possible. Upper-story windows shall be vertically aligned with the location of windows and doors on the ground level.

         (e)   Blank, windowless walls are discouraged. Where the construction of a blank wall is necessitated by local building codes, the wall should be articulated by the provision of blank window openings trimmed with frames, sills and lintels, or, if the building is occupied by a commercial use, by using recessed or projecting display window cases. Intensive landscaping may also be appropriate in certain cases.

         (f)   All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades and others, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors and details of the building as a whole, as shall the doors.

         (g)   Any design manual adopted by the borough shall be adhered to.

(1980 Code, Ch. 28, Part 4, § 28-407) (Ord. 1419, passed 9-16-2013, § 407) Penalty, see § 156.999

   (A)   The purpose of this conditional use standard is to ensure that personal care homes retain a setting consistent with a neighborhood’s residential character and density and do not adversely impact other uses.

   (B)   Consequently, it is essential to maintain an exterior appearance that is in harmony with surrounding residences.

      (1)   There shall be no sign or exterior display beyond the name of the home or its use.

      (2)   At least one additional on-lot parking space shall be provided for each two guests.

      (3)   No home in the R-2 District may admit more than 25 residents, unless located at least 100 feet from any lot containing a single-family dwelling.

      (4)   Required local, county and/or state certifications shall be presented to the Council. Especially included are to be applicable permits from the Pennsylvania Departments of Welfare and Labor and Industry.

(1980 Code, Ch. 28, Part 4, § 28-408) (Ord. 1419, passed 9-16-2013, § 401) Penalty, see § 156.999

   (A)   The purpose of this conditional use is to allow for the conversion of existing single-family homes into multiple-family units.

   (B)   To be allowed to convert from a single-family into a multiple-family unit, the following criteria must be met.

      (1)   No single-family dwelling proposed for conversion to apartments shall have a lot size of less than that required for a conforming single-family dwelling in the district.

      (2)   Off-street parking shall be provided at a ratio of one and one-half spaces for every single bedroom or efficiency apartment and two spaces for every apartment of two bedrooms.

      (3)   No parking area, except for a residential driveway of no greater than 28 feet in width, may be developed in any area between the principal street and the front of the dwelling. All parking areas shall be in the rear of the dwelling. Parking shall be arranged so that no vehicle shall be parked in a manner that would block a required parking space from access to a public street.

      (4)   All units must have separate kitchen and bathroom facilities as well as living/sleeping spaces.

      (5)   Each unit shall have a minimum size of 600 square feet exclusive of common spaces.

      (6)   All required parking shall be accommodated on-lot. No parking in the front yard area shall be permitted.

      (7)   Conversion shall be limited to three dwelling units or less.

      (8)   Each dwelling unit shall have separate utility service connections and meters (as applicable) for natural gas, water, sewer and electric.

(1980 Code, Ch. 28, Part 4, § 28-409) (Ord. 1419, passed 9-16-2013, § 401) Penalty, see § 156.999

   (A)   Mobile home parks are also subject to the borough Subdivision and Land Development Ordinance (Chapter 156).

   (B)   Conditional use approval shall precede approval of a plat under that chapter and all standards below and any reasonable additional conditions and safeguards shall be a part of plat approval.

      (1)   No land area of less than five contiguous acres shall be developed as a mobile home park.

      (2)   Mobile homes shall be arranged so that there is at least 20 feet between each mobile home, a common driveway, other mobile homes and any other structure within the park.

      (3)   No mobile home shall be located within 50 feet of any property line or public right-of-way line.

(1980 Code, Ch. 28, Part 4, § 28-410) (Ord. 1419, passed 9-16-2013, § 410) Penalty, see § 156.999

   Such uses are intended to provide overnight or short-term accommodations for transient guests in a homelike atmosphere. They must meet the following regulations:

   (A)   No signs in excess of six square feet shall be allowed. Only one such sign shall be permitted.

   (B)   No modifications to the external appearance of the building (except fire escapes) which would alter its residential character, shall be permitted. No expansions or alterations shall be permitted which would increase the number of rooms available for lease from that within the existing dwelling.

   (C)   The owner shall either reside upon the lot, or have an onsite employee/manager readily available at all times when there are guests, unless the applicant submits a written plan to ensure the safety and security of guests, and prevent disruptions to the neighborhood by guests. Any alternative plan shall be subject to approval by the borough, and may be rejected if it does not provide for the safety of guests and maintaining the quiet residential character of the neighborhood.

   (D)   An emergency responder rapid access entry box (commonly called a Knox Box) shall be provided for fire department access. Specifications for the box shall meet fire department standards.

   (E)   No event or gathering shall be permitted which involves outdoor amplified entertainment though use of any speaker system or sound amplification device.

   (F)   No more than two transient guests (as defined) are permitted for each guest room, unless specifically permitted through a UCC occupancy permit.

   (G)   One off-street parking space for each guest room shall be required.

(1980 Code, Ch. 28, Part 4, § 28-411) (Ord. 1419, passed 9-16-2013, § 411; Ord. 1462, passed 7-15-19) Penalty, see § 156.999

   (A)   All units must have separate kitchen and bathroom facilities as well as living/sleeping spaces. All units must have separately metered utilities.

   (B)   Each dwelling unit shall have a minimum size of 600 square feet exclusive of common spaces.

   (C)   All required parking shall be accommodated on-lot or in leased or otherwise dedicated tenant spaces within 100 feet of the proposed development.

   (D)   All area and yard requirements for multiple-family dwellings within the district must be met as follows:

 

   (E)   Screening may be required as a reasonable condition of approval.

(1980 Code, Ch. 28, Part 4, § 28-412) (Ord. 1419, passed 9-16-2013, § 412; Ord. 1490, passed 4-17-2023) Penalty, see § 156.999

   (A)   The purpose of this conditional use is to allow very small retail businesses that would serve the neighborhood or potential tourists.

   (B)   Such uses shall:

      (1)   Provide all parking as required by this chapter on-lot unless it can be shown that on-street parking is adequate within 100 feet;

      (2)   Any compressors shall be so enclosed as to baffle their sound from surrounding uses;

      (3)   All dumpsters and/or garbage/trash storage areas shall be enclosed;

      (4)   No sign for a neighborhood business may exceed 16 square feet; and

      (5)   No building shall exceed 5,000 square feet gross floor area (GFA).

(1980 Code, Ch. 28, Part 4, § 28-413) (Ord. 1419, passed 9-16-2013, § 413) Penalty, see § 156.999

   (A)   State the maximum proposed number of residents. There shall be no more than one resident per each bedroom, and a maximum of ten bedrooms.

   (B)   Meet all lot requirements of this district for multiple-family dwellings, substituting “residents” for “units,” as both terms are defined by this chapter.

   (C)   Meet the parking requirements of one space for every proposed resident, plus one visitor space for every two residents.

   (D)   Provide evidence that the sorority or fraternity is a duly chartered organization, recognized by an accredited school. Maintenance of such a charter will be a continual requirement of this approval.

   (E)   Provide evidence that solid waste will be removed by an approved hauler, and temporary storage of solid waste will occur in a fully enclosed facility, located in the rear yard (if physically feasible). At a minimum, one cubic yard of space must be provided for each two rooms.

   (F)   Rear yards and side yards shall be effectively screened from abutting properties.

(1980 Code, Ch. 28, Part 4, § 28-414) (Ord. 1419, passed 9-16-2013, § 414) Penalty, see § 156.999

   (A)   Stadiums and sports fields can have a tremendous impact during events.

   (B)   The following minimum standards are meant to mitigate impacts.

      (1)   The developer shall present a means to ensure that the normal flow of traffic to stadium events will avoid the utilization of local streets and predominantly single-family dwellings in residential districts.

      (2)   No stadium or sports field shall be located within 200 feet of an R-1A or R-1B District.

      (3)   Present a plan for management of noise through screening and buffering.

(1980 Code, Ch. 28, Part 4, § 28-415) (Ord. 1419, passed 9-16-2013, § 415) Penalty, see § 156.999

   (A)   No dormitory shall be permitted within 200 feet of an R-1A or R-1B District.

   (B)   Solid waste disposal shall be located in a manner that does not create excessive noise.

(1980 Code, Ch. 28, Part 4, § 28-416) (Ord. 1419, passed 9-16-2013, § 416) Penalty, see § 156.999

   The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communication antennas.

   (A)   The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

   (B)   Communication towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation Regulations. Towers must comply with the borough Subdivision and Land Development Ordinance (Chapter 156) as a subdivision for lease.

   (C)   Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antenna on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-fourth-mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

      (1)   The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost;

      (2)   The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost;

      (3)   Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function;

      (4)   Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation; and/or

      (5)   A commercially reasonable agreement could not be reached with the owners of the structure.

   (D)   Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least ten feet with a dust-free, all-weather surface for its entire length.

   (E)   A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.

   (F)   The maximum height of any communications tower shall be 300 feet.

   (G)   The foundation and base of any communications tower shall be set back from a property line (not lease line) at least one foot for every foot in tower height.

   (H)   To encourage co-location and minimize the use of land for these facilities, all towers shall be secured only at the tower base. Towers secured by guide or support wires shall not be permitted unless they are the only form that is technically feasible at the site. If guide or support wires are employed, fencing and screening shall enclose the entire area (including all support apparatus) within a single compound.

   (I)   The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties.

   (J)   The communications equipment building shall comply with the required yards and height requirements of applicable zoning district for an accessory structure.

   (K)   The applicant shall submit certification from a state-registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Tele-communications Industry Association.

   (L)   The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antennas.

   (M)   All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.

   (N)   The site of a communications tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public.

   (O)   No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.

   (P)   The owner shall notify the borough if the tower is no longer being used. If a communications tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower within six months of the expiration of such 12-month period.

   (Q)   One off-street parking space shall be provided within the fenced area.

(1980 Code, Ch. 28, Part 4, § 28-417) (Ord. 1419, passed 9-16-2013, § 417) Penalty, see § 156.999

   (A)   The purpose of cemeteries is to provide a proper burial ground for persons. All uses and activities must be clearly and customarily incidental to this use. Funeral homes are a separate use, and crematoriums are considered an industrial use.

   (B)   File a site plan to demonstrate the design and layout of the proposed cemetery or cemetery expansion and specifically illustrating: the proposed drainage plan, the internal circulation plan and the location of accessory building.

   (C)   Connections to existing borough streets will be no closer than 50 feet to a street intersection, 15 feet to a fire hydrant, 30 feet to a driveway on the same side of the street and shall avoid streets or driveways opposite proposed means of ingress and egress.

   (D)   Shall demonstrate compliance with applicable state laws.

   (E)   All accessory uses must be clearly incidental and subordinate to the function of the cemetery.

   (F)   All new facilities shall have a size of at least two acres.

(1980 Code, Ch. 28, Part 4, § 28-418) (Ord. 1419, passed 9-16-2013, § 418) Penalty, see § 156.999

   (A)   All drive through lanes shall be designed to minimize conflict with pedestrian traffic. Drive through lanes may not be emplaced where they conflict with a pedestrian building entrance.

   (B)   A total stacking area suitable for six cars shall be provided for every point of service.

   (C)   Under no circumstances shall a public street or alley serve as a drive through lane.

   (D)   A solid wall of at least 24 inches in height shall be emplaced along all parking/drive through areas which abut sidewalks, with the exception of designated vehicular access lanes.

(1980 Code, Ch. 28, Part 4, § 28-419) (Ord. 1419, passed 9-16-2013, § 419) Penalty, see § 156.999

   (A)   Motel buildings or accessory structures shall be placed no closer than 30 feet to any lot line containing a single-family dwelling.

   (B)   Any swimming pools shall comply with the safety requirements of the Uniform Construction Code (Chapter 150, §§ 150.25 and 150.26).

   (C)   Yard areas shall be permanently landscaped and maintained in good condition.

   (D)   Rooms shall not be rented for a period of less than 12 hours.

(1980 Code, Ch. 28, Part 4, § 28-420) (Ord. 1419, passed 9-16-2013, § 420) Penalty, see § 156.999

   (A)   Shall only be permitted where the ground floor, or majority thereof, shall be used or dedicated for a use other than residential, and a use allowed in the zoning district in which the building is located.

   (B)   The dwelling units shall have no more than four bedrooms.

   (C)   Each dwelling unit shall provide the following minimum usable living space:

      (1)   Minimum of 600 square feet of usable space for one-bedroom units, for occupancy of no more than two persons;

      (2)   Minimum of 800 square feet of usable space for two-bedroom units, for occupancy by no more than four persons;

      (3)   Minimum of 910 square feet of usable space for three-bedroom units, for occupancy by no more than six persons; and

      (4)   Minimum of 1,095 square feet of usable space for four-bedroom units, for occupancy by no more than eight persons.

   (D)   Any structure in which a residential use is permitted shall comply with all requirements of this chapter applicable to the permitted principal use of the ground floor conducted therein. All otherwise complying above ground floor residential uses shall be exempt from lot size, lot coverage, lot width and setback requirements.

   (E)   There shall be provided at least one leased or otherwise dedicated off-street parking space for every one or two bedroom dwelling unit and one and one-half spaces for each three- or four-bedroom dwelling unit.

(1980 Code, Ch. 28, Part 4, § 28-421) (Ord. 1419, passed 9-16-2013, § 421) Penalty, see § 156.999

   (A)   No private club shall function as a bottle club, as defined by the Pennsylvania Code.

   (B)   Live entertainment shall not be of a sexually oriented nature, or any other entertainment qualifying the performance as a sexually oriented business.

   (C)   All music, entertainment or sound systems shall be confined to the hours of 10:00 a.m. to 9:00 p.m., if such music is either outdoors or audible from outside the building.

(1980 Code, Ch. 28, Part 4, § 28-422) (Ord. 1419, passed 9-16-2013, § 422) Penalty, see § 156.999

   (A)   Hours of operation shall be limited from 8:00 a.m. to 10:00 p.m.

   (B)   No tattoo or piercing operation shall be visible from the outside of the building.

   (C)   No advertising material or flyers are permitted except a lawful sign for the zoning district.

(1980 Code, Ch. 28, Part 4, § 28-423) (Ord. 1419, passed 9-16-2013, § 423) Penalty, see § 156.999

   (A)   These particular uses by their nature can generate noise or excessive activity adversely affecting neighboring properties.

   (B)   Standards shall be based upon the type of activities.

      (1)   Indoor uses shall:

         (a)   Have no outdoor speakers; and

         (b)   Comply with all Uniform Construction Code (Chapter 150, §§ 150.25 and 150.26) building regulations.

      (2)   Outdoor uses shall:

         (a)   Present a plan for the use, time and duration of any outdoor speakers. Outdoor speakers may not be employed for musical performances. Outdoor speakers may not be employed for non-emergency use between the hours of 10:00 p.m. and 7:00 a.m.;

         (b)   Safety fencing of at least four feet in height shall be provided to enclose all spaces utilized for outdoor activities that abut a public road or street or commercial parking lot;

         (c)   All yards that abut a residential district shall employ an opaque fence or screen of at least eight feet in height;

         (d)   All side and rear yard setbacks shall be increased by ten feet on any property line abutting a R-1A, R-1B or R-2 District;

         (e)   Present evidence of compliance with Pennsylvania Bureau of Labor and Industry regulations;

         (f)   Outdoor lighting shall be shielded to prevent glare to neighboring properties; and

         (g)   Hours of operation may be limited by reasonable additional conditions.

(1980 Code, Ch. 28, Part 4, § 28-424) (Ord. 1419, passed 9-16-2013, § 424) Penalty, see § 156.999

   (A)   Any fuel pumps shall be at least 30 feet from any road right-of-way and at least 30 feet from a side lot line.

   (B)   No vehicles will be parked or stored in a manner which would encroach upon a free sight triangle, or safe line of sight for any nearby street or driveway.

   (C)   There shall be no outdoor storage of new or used parts, scrap parts, unlicensed vehicles, parts of vehicles, tires or vehicles which lack current state inspection stickers. The overnight parking of customer vehicles and the screened storage of approved trash containers shall be permitted.

   (D)   All lighting shall be indirect, or designed to prevent glare to neighboring properties.

   (E)   All compressors shall be enclosed to minimize noise to neighboring properties.

   (F)   All underground storage tanks shall be in compliance with all federal or state regulations.

   (G)   Autos sales in the C-2 Commercial District must be located with principal frontage on a state highway.

(1980 Code, Ch. 28, Part 4, § 28-425) (Ord. 1419, passed 9-16-2013, § 425) Penalty, see § 156.999

   This section facilitates large or multiple-building developments which may include a mix of retail, eating and drinking places, professional offices and service shops.

   (A)   The center shall either be planned around a central green or quadrangle area or existing street, with consideration given to the relationship of various buildings and uses to each other. A minimum of 10% of the total developed area shall be devoted to such greens or common passive recreational areas. This shall be in addition to any normal required yard and setback areas or limitations upon coverage.

   (B)   The developer shall submit a sketch plan that generally identifies proposed areas for various permitted and conditional uses within the center. This sketch plan need not include final dimensions and final designs of any public or private improvements, but shall focus upon the relationship of proposed uses to each other and the surrounding neighborhood. If areas are specifically identified for conditional uses, and meet all performance standards, their subsequent development may proceed by right at a later date without additional conditional use approval.

   (C)   The developer shall submit plans for any architectural guidelines or covenants proposed to ensure a harmonious development of the center as an integral whole.

   (D)   The developer shall submit a sketch landscaping plan that illustrates how landscaping will be used to buffer the proposed center from any abutting residential areas. The borough may increase standards for buffering and landscaping as a reasonable additional condition and safeguard.

(1980 Code, Ch. 28, Part 4, § 28-426) (Ord. 1419, passed 9-16-2013, § 426) Penalty, see § 156.999

   (A)   Describe any and all industrial processing and product lines in such detail to ensure the borough that it meets the definition of light manufacturing.

   (B)   The developer shall submit a sketch plan. This sketch plan need not include final dimensions and final designs of any public or private improvements, but shall focus upon the relationship of proposed building and parking areas to each other and the surrounding neighborhood, overall building design, and any landscaping, screening and buffering proposed.

   (C)   All industrial activities shall be contained indoors and any outdoor storage shall be screened from view.

   (D)   Show a plan for minimizing the effect of any truck traffic on congested areas.

(1980 Code, Ch. 28, Part 4, § 28-427) (Ord. 1419, passed 9-16-2013, § 427) Penalty, see § 156.999

   To conform to conditional use standards, all flea markets shall meet the following standards.

   (A)   The operator of the flea market shall either be the property owner, or provide evidence of written permission (such as a lease agreement) to utilize the property.

   (B)   The operator shall submit a plan that details public parking areas, and the number and location of proposed seller stalls. The plan shall detail areas to allow vendors selling from cars to enter and exit while avoiding pedestrian areas.

   (C)   The operator shall have a contract with an approved waste hauler, and a minimum of one 50-gallon capacity solid waste receptacle (or equivalent dumpster capacity) for every four proposed sellers. The operator shall agree to dispose of all unsold items left on site by vendors.

(1980 Code, Ch. 28, Part 4, § 28-428) (Ord. 1419, passed 9-16-2013, § 428) Penalty, see § 156.999

   (A)   These businesses have potential negative secondary impacts upon the community, including:

      (1)   Frequent use for unlawful sexual activities, including prostitution and public sexual liaisons of a casual nature;

      (2)   The concern over sexually transmitted diseases is a legitimate health concern of the borough, which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens;

      (3)   There is convincing documented evidence of a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values;

      (4)   Serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to neighboring blight and downgrading the quality of life in the adjacent area; and

      (5)   Permitting and/or licensing is a legitimate and reasonable means of accountability to ensure that the operators of sexually oriented businesses comply with reasonable regulations and to ensure that the operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. However, it is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance, which addresses the secondary effects of sexually oriented businesses. Nor is it the intent of the borough to condone or legitimize the distribution of obscene material.

   (B)   Sexually oriented business, as defined herein, shall be permitted as a conditional use, provided:

      (1)   The proposed business does not lie within 500 feet of:

         (a)   A place of worship;

         (b)   A public or private pre-elementary, elementary or secondary school;

         (c)   A public library;

         (d)   A child care facility or nursery school;

         (e)   A public park adjacent to any residential district; and/or

         (f)   A child-oriented business.

      (2)   The proposed business does not lie within 500 feet of another adult entertainment business;

      (3)   Compliance with all other applicable local codes and licenses is presented to the Borough Council; and

      (4)   Visibility from the street: no sexually oriented business shall permit, or cause to be permitted, any stock in trade or sign which depicts, describes or relates to specified sexual activities and/or specified anatomical areas as defined under any borough ordinance, to be viewed from the street, sidewalk or highway.

(1980 Code, Ch. 28, Part 4, § 28-429) (Ord. 1419, passed 9-16-2013, § 429) Penalty, see § 156.999

   (A)   Shall be located at least 500 feet from the nearest property line of any other bottle club, place of worship, school or other institution of learning or education, hospital, library, park or playground.

   (B)   Shall be located at least 200 feet from any land zoned residential.

   (C)   Shall be located at least 200 feet from any property line of any single- or multi-family dwelling.

(1980 Code, Ch. 28, Part 4, § 28-430) (Ord. 1419, passed 9-16-2013, § 430) Penalty, see § 156.999

   (A)   Liquid storage tanks shall be completely surrounded by a dike capable of containing the maximum contents of all the tanks within the dike. Any openings in the dike shall be leak-proof when closed and shall close automatically in the event of tank rupture. As needed, tanks shall be registered with DEP, comply with their regulations and show evidence of same.

   (B)   No tank shall be located closer than 100 feet to any property or street line or 500 feet to any residence.

   (C)   The area within the dike shall be drained by an underground system capable of closing automatically in the event of a tank rupture.

   (D)   An emergency management plan shall be prepared and approved by the borough with consultation with the local Fire Department and the consent of DEP shall be secured by the developer as conditions of issuing a zoning permit or certificate.

(1980 Code, Ch. 28, Part 4, § 28-431) (Ord. 1419, passed 9-16-2013, § 431) Penalty, see § 156.999

   (A)   Shall present the borough with a security plan that takes into account the safety of borough residents.

   (B)   Does not lie within 500 feet of:

      (1)   A place of worship;

      (2)   A public or private pre-elementary, elementary or secondary school;

      (3)   A public library;

      (4)   A child care facility or nursery school;

      (5)   A public park adjacent to any village or rural development district; or

      (6)   A child-oriented business.

   (C)   No correctional facility, halfway house or treatment center may be located where any adjacent property contains a preexisting single-family home in separate ownership from the proposed facility.

(1980 Code, Ch. 28, Part 4, § 28-432) (Ord. 1419, passed 9-16-2013, § 432) Penalty, see § 156.999

   The applicant shall provide a detailed description of the proposed use, addressing each of the following impacts:

   (A)   The nature of the on-site processing operations, the materials used in the process, the products produced, and the generation and methods for disposal of any by-products. 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;

   (B)   The general scale of the operation in terms of its market area, specific floor space requirements for each step of the industrial process, the total number of employees on each shift, and an overall needed site size;

   (C)   Any environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, vibration, electrical disturbance, waste water, stormwater, solid waste and the like), and specific measures employed to mitigate or eliminate any negative impacts. The applicant shall further furnish expert evidence that the impacts generated by the proposed use fall within acceptable levels as regulated by applicable laws and ordinances including, but not limited to, performance standards under §§ 156.105 through 156.114 of this chapter;

   (D)   A traffic study prepared by a professional traffic engineer and meeting any standards for such studies established by the borough; and

   (E)   The borough may employ a number of site specific reasonable additional conditions and safeguards, including, but not limited to, screening, limits upon hours of operations, and maximizing distance of industrial activities from other zoning districts.

(1980 Code, Ch. 28, Part 4, § 28-433) (Ord. 1419, passed 9-16-2013, § 433) Penalty, see § 156.999

   Shall comply with the following requirements.

   (A)   All lots shall be at least two acres in size.

   (B)   There shall be no storage of scrap, machinery or equipment of any kind in the setback areas. The facility shall be enclosed by an opaque fence of at least eight feet in height which may be placed at the setback line. All areas outside the fence shall be kept as a landscaped buffer or mowed grass area.

   (C)   The processing or storage of hazardous materials, as defined by the Department of Environmental Protection, shall not be permitted, unless all standards for heavy industry under this chapter are also met.

(1980 Code, Ch. 28, Part 4, § 28-434) (Ord. 1419, passed 9-16-2013, § 434) Penalty, see § 156.999

   Planning and geologic studies, including the Wolf Creek Slippery Rock Creek Multi-Municipal Comprehensive Plan have shown that there are few, if any, solid mineral resources within borough limits that could be reasonably accessed by surface mining. Longwall or other subsurface mining shall be a conditional use provided that the locations of any air shafts or other mine openings are screened from access.

(1980 Code, Ch. 28, Part 4, § 28-435) (Ord. 1419, passed 9-16-2013, § 435) Penalty, see § 156.999

   Retail and eating and drinking places are permitted by right as an accessory to industrial uses (such as a retail area for an item manufactured on site). This conditional use is for such uses where they are proposed as a principle use. The borough seeks to regulate these to prevent negative impacts upon pre-existing industrial uses. Screening or fencing may be required, along with other reasonable additional conditions and safeguards, in order to prevent negative impacts upon neighboring industrial uses.

(1980 Code, Ch. 28, Part 4, § 28-436) (Ord. 1419, passed 9-16-2013, § 436) Penalty, see § 156.999

   (A)   No retail liquor store shall be located within 300 feet of another retail liquor store.

   (B)   The borough may limit the hours of operation of the retail liquor store as a reasonable additional condition and safeguard.

(1980 Code, Ch. 28, Part 4, § 28-437) (Ord. 1419, passed 9-16-2013, § 437) Penalty, see § 156.999

   (A)   The applicant shall identify the entry lane for any drilling rigs and present a traffic management plan that will minimize congestion and ensure safety for borough residents. All entry lanes shall be on a state road. Accepted professional standards pertaining to minimum traffic sight distances for all street or road access points shall be adhered to.

   (B)   Drilling rigs are exempted from height requirements of the zoning district, provided that a period of drilling does not exceed six continuous months in any nine-month period. It is the responsibility of the developer to inform the borough when drilling rigs are emplaced upon the site to determine the period of exemption. Drilling rigs shall be located a minimum setback distance of one and one-half times their height 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.

   (C)   The drilling pad for the oil or gas well site shall comply with all setback and buffer requirements of the zoning district in which the oil or gas well site is located.

   (D)   When drilling is being conducted with 500 feet of a dwelling in separate ownership from the property upon which the drilling proposed, the developer shall mitigate light and noise through the following standards.

      (1)   Lighting at the oil or gas well drilling site, or other facilities associated with oil and gas drilling 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 nearby buildings.

      (2)   Prior to drilling of an oil or gas well the applicant shall establish by generally accepted testing procedures, the continuous 75-hour ambient noise level at the nearest property line of a residence or public building, school, medical, emergency or other public facility, or 100 feet from the nearest residence or public building, medical, emergency or other public facilities, whichever point is closer to the affected residence or public building, school medical, emergency or other public facility. In lieu of the establishment of the ambient noise level established by the continuous 75-hour test the applicant may assume and use, for the purpose 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. The noise generated during the oil and gas operations not exceed the average ambient noise level established by more than ten decibels.

      (3)   Effective sound mitigation devices shall be installed to permanent facilities to address sound levels that would otherwise exceed the noise level standards when located near a residence, public building, school, medical, emergency or other public facilities.

   (E)   Areas of active drilling shall be secured by a fence or other means to restrict access. Warning signs shall be placed on the fencing or surrounding the oil or gas well site providing notice of the potential dangers and the contact information in case of an emergency. Emergency responders shall be given means to access oil or gas well site in case of an emergency. The borough may require the installation of landscaping or some form of vegetative screening or buffer as a reasonable additional condition and safeguard within six months of the initiation of drilling.

   (F)   Additional regulations for temporary housing; if mobile homes are proposed as temporary worker housing during oil and gas drilling, the following standards shall be met.

      (1)   The number of mobile homes proposed shall be clearly identified and their location approved by the borough.

      (2)   Mobile homes for temporary housing shall be emplaced on a site for a period of no greater than six months.

      (3)   All mobile homes shall be removed within 30 days of completion of drilling.

      (4)   No temporary mobile home shall be placed within 200 feet of a property line.

   (G)   The applicant shall show compliance with all applicable state and/or federal regulations, including setbacks from streams and public water supplies. Specifically, all needed permits from the Pennsylvania Department of Environmental Protection and copies of approved erosion and sedimentation control plans shall be presented to the borough.

   (H)   The applicant shall agree that if materials from trucks are spilled upon a public street, all such materials shall be removed immediately.

(1980 Code, Ch. 28, Part 4, § 28-438) (Ord. 1419, passed 9-16-2013, § 438) Penalty, see § 156.999

   (A)   The applicant shall show compliance with all state dog law standards, as it would apply to their operation.

   (B)   The kennel shall be constructed so that the animals cannot stray therefrom. All parking and recreation/play areas that abut residential uses shall provide screen planting, and fencing, as necessary, to contain animals.

   (C)   All overnight boarding shall be conducted indoors. The kennel shall show means of adequate sound proofing.

   (D)   The applicant must submit a written plan to explain all measures to be used to ensure all animal wastes shall be regularly cleaned up and properly disposed of to prevent odors and unsanitary conditions.

   (E)   The applicant must submit a written plan for the storage and disposal of deceased animals. Animals owned by the applicant shall be properly disposed of within 24 hours.

(Ord. 1462, passed 7-15-19)