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Irwin City Zoning Code

PART 2

Land Use

§ 260-18 Purpose.

The purpose of the R-L, Single-Family Residential District is to preserve the desirable character and stability of large-lot residential areas in the Borough. These areas include single-family dwelling units on larger lots with greater setbacks and at a lower density than other residential districts.

§ 260-19 Permitted land uses.

Per § 260-13, Table 1, Table of Uses.[1]
[1]
Editor's Note: Table 1, Permitted and Special Exception Uses, is attached to this chapter.

§ 260-20 Area and bulk requirements.

Per § 260-99, Table 2, Area and Bulk Standards.[1]
[1]
Editor's Note: Table 2, Area and Bulk Standards, is attached to this chapter.

§ 260-21 Building height.

The maximum building height of a principal structure shall not exceed three stories or 35 feet.

§ 260-22 Performance standards.

All residential construction shall substantially conform in street orientation and massing homes, according to the following guidelines:
A. 
New residential structures should harmonize in scale and massing with the existing historic structures in surrounding blocks. For instance, a narrow two-and-one-half-story structure should not be built in a block largely occupied by one-story bungalows.
B. 
New structures which will be larger than their neighbors should be designed in modules, with the greater part of the mass located away from the main facade to minimize the perceived bulk of the structure.
C. 
New residential structures should present their front door and major architectural facades to the primary street and not to the side or rear yard.
D. 
In some cases on corner lots, a corner entryway between two defining architectural facades may be appropriate.

§ 260-23 Accessory structures and uses.

Customary and incidental accessory structures and uses shall be regulated as follows:
A. 
Accessory structures shall be subordinate in size to the principal structure on the lot.
B. 
Accessory structures shall not be placed within the front setback. If placed in side yard, accessory structures shall not be located closer to the street than the front building line of the principal structure.
C. 
Accessory structures shall not be located closer than 10 feet to the rear and side property lines nor closer than 10 feet to the principal structure, unless otherwise indicated in this chapter. Storage sheds of less than 144 square feet may be located as close as three feet to the rear and side property lines.
D. 
On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
E. 
The maximum height of an accessory structure shall not exceed 18 feet or shall not be taller than the height of the principal structure, whichever is lower. In case of accessory structures that serve as outdoor storage sheds associated with a principal residential structure, the height limit shall be measured from grade for each level of the structure.
F. 
No part of any such structure, with the exception of accessory dwelling units as defined herein, shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
G. 
Pools are subject to the accessory use provisions herein and subject to a building permit.
H. 
Outdoor play equipment, such as swing sets and similar large recreational structures which are typically anchored to the ground and are not easily relocated, shall be placed in side or rear yards.

§ 260-24 Parking and loading, internal roadways.

The provisions of Article XIII, Parking and Loading, and Article XIV, Internal Roadways, shall apply.

§ 260-25 Landscaping and screening.

The provisions of Article XV, Landscaping and Screening, shall apply.

§ 260-26 Signs.

The provisions of Article XVI, Signs, shall apply.

§ 260-27 Multiple uses and buildings.

There shall be no more than one principal use allowed on any lot in the R-L District. There shall be no more than one principal building allowed on any lot in the R-L District.

§ 260-28 Swimming pools.

A private swimming pool shall be permitted as an accessory use in the R-L Zoning District, provided:
A. 
A swimming pool accessory to a one- or two-family dwelling may be located within a rear yard subject to the setback requirements for accessory uses.
B. 
A swimming pool shall be enclosed by a fence or other enclosure at least four feet in height above the adjacent ground level, which pool shall be locked when unattended by an adult in order to prevent accidental or unauthorized entry.
C. 
All lights used for illumination of the pool area shall be appropriately located or shielded to eliminate direct sight of light bulbs from outside the property lines.
D. 
Portable pools and children's pools shall be covered or protected in a manner to prevent access by children of tender age when unattended unless and until the children are attended by an adult over 21 years of age. They are only permitted in the Borough from May 1 through September 30.

§ 260-29 Purpose.

The purpose of R-M, Combined Family Residential District is to preserve the desirable character and stability of more compact residential areas in the Borough and also protect them from change and intrusion that may cause deterioration.

§ 260-30 Permitted land uses.

Per § 260-13, Table 1, Table of Permitted and Special Exception Uses.[1]
[1]
Editor's Note: Table 1, the Table of Permitted and Special Exception Uses, is attached to this chapter.

§ 260-31 Area and bulk requirements.

Per § 260-99, Table 2, Area and Bulk Standards.[1]
[1]
Editor's Note: Table 2, Area and Bulk Standards, is attached to this chapter.

§ 260-32 Building height.

The maximum building height of a principal structure shall not exceed three stories or 45 feet.

§ 260-33 Performance standards.

All residential construction shall substantially conform in street orientation and massing homes according to the following guidelines:
A. 
New residential structures should harmonize in scale and massing with the existing historic structures in surrounding blocks. For instance, a narrow two-and-one-half-story structure should not be built in a block largely occupied by one-story bungalows.
B. 
New structures which will be larger than their neighbors should be designed in modules, with the greater part of the mass located away from the main facade to minimize the perceived bulk of the structure.
C. 
New residential structures should present their front door and major architectural facades to the primary street and not to the side or rear yard.
D. 
In some cases on corner lots, a corner entryway between two defining architectural facades may be appropriate, only if prior written approval from the Zoning Officer is obtained.

§ 260-34 Accessory structures and uses.

Customary and incidental accessory structures and uses shall be regulated as follows:
A. 
Accessory structures shall be subordinate in size to the principal structure on the lot.
B. 
Accessory structures shall not be placed within the front setback. If placed in side yard, accessory structures shall not be located closer to the street than the front building line of the principal structure.
C. 
Accessory structures shall not be located closer than 10 feet to the rear and side property lines nor closer than 10 feet to the principal structure, unless otherwise indicated in this chapter.
D. 
On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
E. 
The maximum height of an accessory structure shall not exceed 10 feet. In case of accessory structures that serve as outdoor storage sheds associated with a principal residential structure, the height limit shall be measured from grade for each level of the structure.
F. 
No part of any such structure, with the exception of accessory dwelling units as defined herein, shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
G. 
Pools are subject to the accessory use provisions herein and subject to a building permit.
H. 
Outdoor play equipment, such as swing sets and similar large recreational structures which are typically anchored to the ground and are not easily relocated, shall be placed in side or rear yards.

§ 260-35 Parking and loading, internal roadways.

The provisions of Article XIII, Parking and Loading, and Article XIV, Internal Roadways, shall apply.

§ 260-36 Landscaping and screening.

The provisions of Article XV, Landscaping and Screening, shall apply.

§ 260-37 Signs.

The provisions of Article XVI, Signs, shall apply.

§ 260-38 Multiple uses and buildings.

There shall be no more than one principal use allowed on any lot in the R-M District. There shall be no more than one principal building allowed on any lot in the R-M District.

§ 260-39 Swimming pools.

A private swimming pool shall be permitted as an accessory use in the R-M Zoning District, provided:
A. 
A swimming pool accessory to a one- or two-family dwelling may be located within a rear yard subject to the setback requirements for accessory uses.
B. 
A swimming pool shall be enclosed by a fence or other enclosure at least four feet in height above the adjacent ground level, which pool shall be locked when unattended by an adult in order to prevent accidental or unauthorized entry.
C. 
All lights used for illumination of the pool area shall be appropriately located or shielded to eliminate direct sight of light bulbs from outside the property lines.
D. 
Portable pools and children's pools shall be covered or protected in a manner to prevent access by children of tender age when unattended unless and until the children are attended by an adult over 21 years of age. They are only permitted in the Borough from May 1 through September 30.

§ 260-40 Purpose.

The purpose of R-H, Multifamily and Mobile Homes Residential District is to preserve the desirable character and stability of multifamily residential neighborhoods in the Borough and to provide a dense urban residential pattern suitable to the needs of the population to coincide with the character and stability of the predominantly single-family neighborhoods in the Borough.

§ 260-41 Permitted land uses.

Per § 260-13, Table 1, Table of Permitted and Special Exception Uses.[1]
[1]
Editor's Note: Table 1, the Table of Permitted and Special Exception Uses, is attached to this chapter.

§ 260-42 Area and bulk requirements.

Per § 260-99, Table 2, Area and Bulk Standards.[1]
[1]
Editor's Note: Table 2, Area and Bulk Standards, is attached to this chapter.

§ 260-43 Building height.

The maximum building height of a principal structure shall not exceed seven stories or 65 feet.

§ 260-44 Performance standards.

All residential construction shall substantially conform in street orientation and massing homes, according to the following guidelines:
A. 
New residential structures should harmonize in scale and massing with the existing historic structures in surrounding blocks. For instance, a narrow two-and-one-half-story structure should not be built in a block largely occupied by one-story bungalows.
B. 
New structures which will be larger than their neighbors should be designed in modules, with the greater part of the mass located away from the main facade to minimize the perceived bulk of the structure.
C. 
New residential structures should present their front door and major architectural facades to the primary street and not to the side or rear yard.
D. 
In some cases on corner lots, a corner entryway between two defining architectural facades may be appropriate.

§ 260-45 Accessory structures and uses.

Customary and incidental accessory structures and uses shall be regulated as follows:
A. 
Accessory structures shall be subordinate in size to the principal structure on the lot.
B. 
Accessory structures shall not be placed within the front setback. If placed in side yard, accessory structures shall not be located closer to the street than the front building line of the principal structure.
C. 
Accessory structures shall not be located closer than 10 feet to the rear and side property lines nor closer than 10 feet to the principal structure, unless otherwise indicated in this chapter.
D. 
On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
E. 
Accessory structures shall not exceed 10 feet in height from grade, except for accessory dwellings units. In case of accessory structures that serve as outdoor storage sheds associated with a principal residential structure, the height limit shall be measured from grade for each level of the structure.
F. 
No part of any such structure, with the exception of accessory dwelling units as defined herein, shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
G. 
Pools are subject to the accessory use provisions herein and subject to a building permit.
H. 
Outdoor play equipment, such as swing sets and similar large recreational structures which are typically anchored to the ground and are not easily relocated, shall be placed in side or rear yards.

§ 260-46 Parking and loading, internal roadways.

The provisions of Article XIII, Parking and Loading, and Article XIV, Internal Roadways, shall apply.

§ 260-47 Landscaping and screening.

The provisions of Article XV, Landscaping and Screening, shall apply.

§ 260-48 Signs.

The provisions of Article XVI, Signs, shall apply.

§ 260-49 Multiple uses and buildings.

There shall be no more than one principal use allowed on any lot in the R-H District.

§ 260-50 Swimming pools.

A private swimming pool shall be permitted as an accessory use in the R-H Zoning District for one- or two-family dwellings only, provided the following conditions are met:
A. 
A swimming pool accessory use may be located within a rear yard, subject to the setback requirements for accessory uses.
B. 
A swimming pool shall be enclosed by a fence or other enclosure at least four feet in height above the adjacent ground level, which pool shall be locked when unattended by an adult in order to prevent accidental or unauthorized entry.
C. 
All lights used for illumination of the pool area shall be appropriately located or shielded to eliminate direct sight of light bulbs from outside the property lines.
D. 
Portable pools and children's pools shall be covered or protected in a manner to prevent access by children of tender age when unattended, unless and until the children are attended by an adult over 21 years of age. They are only permitted in the Borough from May 1 through September 30.

§ 260-51 Townhouse units per building.

There shall be a maximum of six units per building.

§ 260-52 Purpose.

The C-B-R, Commercial-Business, Residential District has been established within residential and commercial areas of Main Street, Pennsylvania Avenue and other areas within the Borough of Irwin to provide locations for retail sales, personal services and offices as well as residential uses. It shall be the purpose of this district to provide for the routine shopping needs of the surrounding residential areas and to preserve the character and intent of the district.

§ 260-53 Permitted land uses.

Per § 260-13, Table 1, Table of Permitted and Special Exception Uses.[1]
[1]
Editor's Note: Table 1, the Table of Permitted and Special Exception Uses, is attached to this chapter.

§ 260-54 Area and bulk requirements.

Per § 260-99, Table 2, Area and Bulk Standards.[1]
[1]
Editor's Note: Table 2, Area and Bulk Standards, is attached to this chapter.

§ 260-55 Building height.

The maximum height of a building is 65 feet and seven stories.

§ 260-56 Performance standards.

All construction shall substantially conform in street orientation.

§ 260-57 Accessory structures and uses.

A. 
Customary and incidental accessory structures and uses shall be regulated as follows:
(1) 
Accessory structures shall be subordinate in size to the principal structure on the lot.
(2) 
Accessory structures shall not be placed within the front setback. If placed in side yard, accessory structures shall not be located closer to the street than the front building line of the principal structure.
(3) 
Accessory structures shall not be located closer than 10 feet to the rear and side property lines nor closer than 10 feet to the principal structure, unless otherwise indicated in this chapter.
(4) 
On corner lots, accessory structures shall not be located between any portion of the principal structure and either street.
(5) 
Accessory structures shall not exceed 25 feet in height from grade feet or shall not be taller than the height of the principal structure, whichever is lower.
(6) 
No part of any such structure shall be designed or used for sleeping purposes, and no cooking fixtures shall be placed or permitted therein.
(7) 
Pools are subject to the accessory use provisions herein and subject to a building permit.
(8) 
Outdoor play equipment, such as swing sets and similar large recreational structures which are typically anchored to the ground and are not easily relocated, shall be placed in side or rear yards.
B. 
The permitted accessory buildings and uses include, but are not limited to, the following:
(1) 
Storage of merchandise and goods normally carried in stock in conjunction with the principal use on the same parcel or lot of ground.
(2) 
Storage of goods used in, or produced by, manufacturing activities on the same parcel or lot of ground.
(3) 
Off-street motor vehicle parking areas and loading and unloading areas.

§ 260-58 Parking and loading, internal roadways.

The provisions of Article XIII, Parking and Loading, and Article XIV, Internal Roadways, shall apply.

§ 260-59 Landscaping and screening.

The provisions of Article XV, Landscaping and Screening, shall apply.

§ 260-60 Signs.

The provisions of Article XVI, Signs, shall apply.

§ 260-61 (Reserved) [1]

[1]
Editor's Note: Former § 260-61, Outdoor dining and sidewalk sales, was repealed 11-13-2019 by Ord. No. 985.

§ 260-62 Purpose.

The purpose of the C-H Commercial District is to provide reasonable standards for the provision of general commercial and highway-oriented commercial uses along the roadside in areas where a nucleus of such uses already exists and where, due to the character of undeveloped land, the designation of highway commercial uses is feasible. The standards of this district are designed to minimize the access roads from major thoroughfares, to minimize traffic congestion, and to provide for architecturally attractive building facades and landscaping. The purpose of a Commercial Highway District is to accommodate the needs of the highway traveler and to serve as the retail marketing centers or shopping complexes for the entire Borough.

§ 260-63 Permitted land uses.

Per § 260-13, Table 1, Table of Permitted and Special Exception Uses.[1]
[1]
Editor's Note: Table 1, the Table of Permitted and Special Exception Uses, is included as an attachment to this chapter.

§ 260-64 Area and bulk requirements.

Per § 260-99, Table 2, Area and Bulk Standards.[1]
[1]
Editor's Note: Table 2, Area and Bulk Standards, is included as an attachment to this chapter.

§ 260-65 Building height.

[Amended 3-8-2017 by Ord. No. 949]
A. 
The maximum height of any structure other than a tower-based wireless communications facility is 65 feet or seven stories high.
B. 
The maximum height of any tower-based wireless communications facility is 100 feet. A variance may be requested on the basis that a gap in coverage cannot be eliminated through the use of a tower less than 100 feet in height and that there are no other locations that can eliminate the gap in coverage without a variance. A variance from the height restriction cannot exceed 50 feet from the limit, for a total permissible height of 150 feet.

§ 260-66 Performance standards.

All construction shall substantially conform in street orientation.

§ 260-67 Accessory structures and uses.

The permitted accessory buildings and uses include, but are not limited to, the following:
A. 
Storage of merchandise and goods normally carried in stock in conjunction with the principal use on the same parcel or lot of ground.
B. 
Storage of goods used in, or produced by, manufacturing activities on the same parcel or lot of ground.
C. 
Off-street motor vehicle parking areas and loading and unloading areas.

§ 260-68 Parking and loading, internal roadways.

The provisions of Article XIII, Parking and Loading, and Article XIV, Internal Roadways, shall apply.

§ 260-69 Landscaping and screening.

The provisions of Article XV, Landscaping and Screening, shall apply.

§ 260-70 Signs.

The provisions of Article XVI, Signs, shall apply.

§ 260-71 Development guidelines.

A. 
When possible, as determined by the Borough Engineer, a proposed development shall share ingress and egress with surrounding existing developments and proposed developments. This will limit the amount of traffic entering and exiting Route 30. The goal is to have combined entrances and exits where retail stores, restaurants and other facilities share a combined parking space and shared ingress and egress onto the Route 30 corridor.
B. 
The potential development shall not change the character of the district as stated in § 260-62 above. Buildings shall not exceed the maximum building heights, maximum widths, and maximum square footages. The proposed developments shall not create a visual impact on the district due to the bulk and the size of the structure.
C. 
The proposed development shall not impact traffic patterns and/or the volume of traffic within the district, based upon a review by the Borough Engineer and a traffic study, if required by same.
D. 
The operation of the proposed development shall not impact the character of the neighborhood. Operational impacts include, but are not limited to, the following: management of traffic servicing the development, unloading inventory, on-site operations that would cause continuous use of the proposed development site. The proposed development shall not impact the character of surrounding developments. The proposed development shall not create operational impacts that may create additional expenses for the surrounding developments, including, but not limited to, the cost of monitoring the operational impacts. The developer who creates operational impacts, as described herein, may be charged additional, reasonable fees in order to cover the costs incurred by the Borough of Irwin for monitoring and inspecting the operation of the development. If, at the sole and exclusive discretion of the Borough of Irwin and/or the Zoning Hearing Board, it is determined that the proposed development adversely impacts the character of the surrounding areas, developments or proposed developments within the Borough of Irwin, such operations may be terminated by the Borough. The proposed development shall not create health and safety hazards that affect environmental and characteristic conditions of the district, including but not limited to noise emissions or vibrations, excessive smoke and air pollution emissions, and other potential safety and/or health hazards.
E. 
Buildings shall be clustered together to preserve natural and landscaped open areas along the corridor. Buildings shall be arranged in a manner that creates well-defined open space that is viewable from the traveled portion of the corridor.

§ 260-72 Purpose.

The purpose of the Industrial District is to provide appropriate space and locations for a variety of industrial uses in ways that are least intrusive to other land uses. It is further intended that these regulations permit the development of certain functions, protect the surrounding areas from incompatible industrial activities, and restrict the intrusion of nonrelated uses, such as residential and commercial.

§ 260-73 Permitted land uses.

Per § 260-13, Table 1, Table of Permitted and Special Exception Uses.[1]
[1]
Editor's Note: Table 1, the Table of Permitted and Special Exception Uses, is included as an attachment to this chapter.

§ 260-74 Area and bulk requirements.

Per § 260-99, Table 2, Area and Bulk Standards.[1]
[1]
Editor's Note: Table 2, Area and Bulk Standards, is included as an attachment to this chapter.

§ 260-75 Building height.

[Amended 3-8-2017 by Ord. No. 949]
A. 
The maximum height of any structure other than a tower-based wireless communications facility is 65 feet or seven stories high.
B. 
The maximum height of any tower-based wireless communications facility is 100 feet. A variance may be requested on the basis that a gap in coverage cannot be eliminated through the use of a tower less than 100 feet in height and that there are no other locations that can eliminate the gap in coverage without a variance. A variance from the height restriction cannot exceed 50 feet from the limit, for a total permissible height of 150 feet.

§ 260-76 Performance standards.

All construction shall substantially conform in street orientation.

§ 260-77 Accessory structures and uses.

The permitted accessory buildings and uses include, but are not limited to, the following:
A. 
Storage of merchandise and goods normally carried in stock in conjunction with the principal use on the same parcel or lot of ground.
B. 
Storage of goods used in, or produced by, manufacturing activities on the same parcel or lot of ground.
C. 
Off-street motor vehicle parking areas and loading and unloading areas.

§ 260-78 Parking and loading, internal roadways.

The provisions of Article XIII, Parking and Loading, and Article XIV, Internal Roadways, shall apply.

§ 260-79 Landscaping and screening.

The provisions of Article XV, Landscaping and Screening, shall apply.

§ 260-80 Signs.

The provisions of Article XVI, Signs, shall apply.

§ 260-81 Purpose.

The purpose of the S-R-C Special Recreation and Conservation District is to enhance the quality of life for Borough residents through the preservation of public recreation parks and trails and the promotion, creation and expansion of trails and parks.

§ 260-82 Permitted land uses.

Per § 260-13, Table 1, Table of Permitted and Special Exception Uses.[1]
[1]
Editor's Note: Table 1, the Table of Permitted and Special Exception Uses, is included as an attachment to this chapter.

§ 260-83 Area and bulk requirements.

Per § 260-99, Table 2, Area and Bulk Standards.[1]
[1]
Editor's Note: Table 2, Area and Bulk Standards, is included as an attachment to this chapter.

§ 260-84 Building height.

A. 
The maximum building height in the district is 35 feet (three stories).
B. 
The maximum height for accessory structures shall not exceed 18 feet.

§ 260-85 Performance standards.

All construction shall substantially conform in street orientation.

§ 260-86 Accessory structures and uses.

The permitted accessory buildings and uses include, but are not limited to, the following:
A. 
Storage of equipment, supplies and goods normally carried in stock in conjunction with the principal use on the same parcel or lot of ground.
B. 
Off-street motor vehicle parking areas and loading and unloading areas.

§ 260-87 Parking and loading, internal roadways.

The provisions of Article XIII, Parking and Loading, and Article XIV, Internal Roadways, shall apply.

§ 260-88 Landscaping and screening.

The provisions of Article XV, Landscaping and Screening, shall apply.

§ 260-89 Signs.

The provisions of Article XVI, Signs, shall apply.

§ 260-90 Purpose.

The purpose of the Pennsylvania Avenue District is to enhance the economic growth of the neighborhood through allowing business development opportunities in a predominately residential neighborhood. Unless specifically identified in this article, the prevailing standards of the underlying zone shall apply.

§ 260-91 Overlay boundaries.

The Pennsylvania Avenue Overlay District will be added to the Official Zoning Map of Irwin, Pennsylvania. The boundaries are as follows: right-of-way line of Pennsylvania Avenue, the southerly right-of-way of Grant Avenue, the easterly right-of-way of Lombard Street, and the westerly right-of-way line of Orchard Street, inclusive.

§ 260-92 Permitted land uses.

Per § 260-13, Table 1, Table of Permitted and Special Exception Uses.[1]
[1]
Editor's Note: Table 1, the Table of Permitted and Special Exception Uses, is attached to this chapter.

§ 260-93 Area and bulk requirements.

Per § 260-99, Table 2, Area and Bulk Standards.[1]
[1]
Editor's Note: Table 2, Area and Bulk Standards, is attached to this chapter.

§ 260-94 Parking and loading, internal roadways.

The provisions of Article XIII, Parking and Loading, and Article XIV, Internal Roadways, shall apply.

§ 260-95 Landscaping and screening.

A. 
All planting for this district is required within the setback area to act as a buffer.
(1) 
Height requirements for vegetation are listed below:
Type
Minimum Height at Planting
Maximum Height at Maturity
(feet)
Evergreen shrub
18 inches
6
Evergreen tree
5 feet
15
Understory tree
5 feet
15
Canopy tree
10 feet
50
(2) 
Only evergreen shrubs shall be planted in the front yard buffering and setback zone.
B. 
Existing vegetation. Trees and shrubs on the development parcel adjacent to the abutting agriculture, conservation or residential lot may be used to satisfy the buffer area planting requirements, provided that all performance standards regarding width, height and mix of types are met. The applicant may use a combination of existing and new planting to meet the buffer requirements.
C. 
Structures and parking.
(1) 
No structures or parking of any kind shall be permitted within the planted buffer area. In addition, no structures or parking shall be permitted within the required setback.
(2) 
The buffering and landscaping standards may be modified if any of the following conditions are met:
(a) 
Natural land features such as topography of the same or better buffering or screening effect as that to be achieved under the requirements of this section.
(b) 
Innovative landscaping or architectural design is proposed for the development such that an equivalent or superior buffering or screening effect is achieved.
(c) 
The required screening and landscaping would be ineffective at maturity due to the topography of either the lot to be developed or the abutting lot.
D. 
Maintenance.
(1) 
The owner and/or owner's agent of the parcel developed under this article shall be responsible for the maintenance, repair and replacement of all screening and buffer planting.
(2) 
All plant materials shall be maintained in a healthy condition and kept free of refuse and debris.
(3) 
All fences and walls shall be maintained in good repair. No openings shall be permitted unless necessary to maintain buffer planting. Any such opening shall have a gate that shall be secured at all times when maintenance activities are not occurring.

§ 260-96 Signs.

The provisions of Article XVI, Signs, shall apply.

§ 260-97 Conditional use.

The Borough Council shall grant a conditional use only if the applicant meets the burden of proving that the following criteria have been met:
A. 
The development must not increase the flow of traffic within the district. A traffic impact analysis must be completed by a transportation engineer. The analysis must be inclusive of the following:
(1) 
The estimated number of daily trips and a.m. and p.m. peak hour car trips that would be generated by the proposed use or uses when the proposed facility is fully occupied and operational. Estimates must be calculated using the most current edition of the Trip Generation Report prepared by the Institute of Transportation Engineers.
(2) 
The current levels-of-service of intersections within one-half-mile radius of the subject site.
(3) 
The projected levels-of-service of the same intersections when the proposed use is fully occupied and operational.
(4) 
A demonstration that any queuing or staging of vehicles will take place on the development site.
B. 
If the traffic impact analysis indicates that the proposed uses would generate more than 500 average daily trips or more than 75 additional a.m. or p.m. peak hour car trips per day, the applicant shall develop a traffic mitigation plan for approval by the Borough and all applicable state regulatory agencies.