Marietta City Zoning Code
ARTICLE III
Conditional Uses
§ 370-301 General criteria for evaluation.
A.
In evaluating an application for a conditional use, the Borough Council applies the guidelines and procedures associated with conditional uses as set forth in the Pennsylvania Municipalities Planning Code.
B.
The following criteria for conditional uses apply to all conditional uses:
(1)
Building and parking setbacks must be consistent with existing building and parking setbacks of adjoining and neighboring lots on the block in which the development is located. The location and arrangement of parking on a lot will be designed and constructed so that general safety and circulation is optimized and so that the impact of vehicles and lighting on rights-of-way or residential activity in proximity to the lot is minimized.
(2)
A landowner and/or developer must provide a plan for photometrics of the lot. Illumination, when measured at a lot line, will be zero footcandle.
(3)
Unless the landowner and/or developer can present a development alternative which demonstrates it is feasible that surface parking can only exist within a lot's yard which is adjacent to a street that serves as a main street (See Table 6.) or to another corner lot, no surface parking will front on a street that serves as a main street or on a corner lot of said street.
(4)
To protect and/or safeguard the character of existing development in the Borough of Marietta, for cases where there is the re-use of a residential structure or a lot on which a residential structure exists, the landowner and/or developer will maintain the characteristics, inclusive of but not limited to massing, heights and exterior historical features, of said residential structure with surrounding residential structures.
(5)
Hours of operation for businesses will be scheduled to minimize negative impacts on the surrounding neighborhood.
(6)
A traffic impact study acceptable to the Borough Engineer may be required by the Borough to be submitted where the proposed development, according to the Institute of Transportation Engineers (ITE) standards, will generate 100 trips in addition to the adjacent roadways' peak-hour volumes.
C.
The consideration of a conditional use by the Borough Council upon review of the Borough Planning Commission's recommendations must be predicated on the applicant's submission of a written application containing all of the information required under this section, together with a site plan meeting the requirements of this chapter and any other Borough ordinance as applicable.
D.
Submission requirements.
(1)
A written submission must demonstrate that the use for which the conditional use is sought:
(a)
Will not endanger the public health and safety and will not deteriorate the environment or generate nuisance conditions, such as traffic congestion, noise, dust, smoke, glare or vibration as prohibited by Article V of this chapter.
(b)
Meets all other requirements of this chapter in the zoning district where the use is proposed.
(c)
Is in general conformity with the Borough of Marietta Comprehensive Plan and is attractive and in harmony with the area in which it is proposed.
(d)
Is an appropriate use on the proposed lot as a conditional use.
(e)
Is defined as part of any conditional use and will be completed within the identified time frame. Also, the Borough Council may extend time for any completion date if the applicant or his agent requests such an extension and if good cause for the extension is shown. If, at the end of the identified time frame or extended completion period, the conditional use is not completed, and if no extension has been granted, the conditional use will become null and void.
(2)
Upon Borough Council designating a new conditional use for a lot, any prior conditional use provision associated with a previous, different land use upon the same lot shall become null and void.
(3)
Information including applicant address, location of site, listing of landowners and/or developers who will receive notice of the zoning application, zoning district and other relevant information as defined by the Borough of Marietta must be submitted.
E.
The site plan will show to scale the entire lot to be ultimately developed and indicate the location, height, and use of structures, driveways, signs, parking areas and topographical and/or natural features of the lot. An architectural rendering of the structures proposed on the lot must also be submitted.
F.
Conditional uses will be subject to periodic inspections to ensure compliance with the conditions of approval.
G.
The Borough Council may attach additional conditions in order to protect the public's health, safety, and welfare. These conditions may include, but are not limited to, increased screening.
§ 370-302 Standards and criteria.
In addition to the general standards and criteria for conditional uses listed above, an application for any of the following uses which are listed in any zoning district as a conditional use shall comply with the following applicable standards and criteria.
A.
Residential land uses.
(1)
Group care facility.
(a)
Whenever a party or parties seek to occupy a dwelling or other building as a group care facility, the party or parties shall file a detailed statement of intent with the Borough Zoning Officer describing the proposed use of the dwelling or building. Such statement shall detail the proposed use of the dwelling or building. Such statement shall detail the proposed number of the anticipated occupants. The statement shall identify how said use satisfies demonstrative need and shall be conducted in a responsible manner without detriment to surrounding lots and neighborhood.
(b)
Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall within a minimum height of eight feet and a minimum opacity of 80%.
(c)
Lot area shall be determined on the basis of building size, yard requirements, parking and access requirements and other applicable standards, but in no case shall be less than 7,500 square feet plus 500 square feet for every resident over 10 residents.
(d)
A group care facility shall not be located within 1,000 feet of another group care facility. Said distance shall be measured from the lot line of one facility to the near lot line of the other facility.
(e)
Sufficient screening and buffering or parking areas must be provided to protect the neighborhood from detrimental noise, dust, and other disturbances.
(f)
For a use proposed to occupy an existing residential structure, no exterior modifications except in rear and side yards shall occur as part of said re-use. Such modifications shall not include enclosing of porches or modifications of doors.
(2)
Group home.
(a)
The minimum area and bulk regulations for a group home or care facility shall be the same as those required for all uses in the zoning district in which the facility is located.
(b)
A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
(c)
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
(d)
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs. All open space areas shall be secured by a fence with a self-latching gate.
(e)
When applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy and a copy of an annual report with evidence of continuing certification shall be submitted to the Borough Zoning Office in January of each year.
(3)
Mobile home park.
(a)
An office manager shall reside within the mobile home park.
(b)
Gross lot requirements. The following provisions shall apply to the overall development.
[1]
Gross lot: two acres minimum.
[3]
Access points on streets: as specified in the Subdivision and Land Development Ordinance.
[4]
Buffer yard: Each mobile home park shall be surrounded by a buffer area at least 50 feet wide along the inside of the lot lines.
[5]
Side and rear yards of gross lot: 50 feet minimum from any mobile home berth to any lot line.
[6]
Minimum setback of all mobile homes and accessory structures: 75 feet from any road, street or alley right-of-way adjacent to the mobile home lot.
(c)
Net lot requirements.
[1]
Berth size: shall meet the minimum lot size of the district as set forth by this chapter.
[2]
Open space: 400 square feet per berth, not to be located in any required lot setback, buffer yard, or yard (berth) areas.
[3]
Buffer yard and lot setbacks: as specified above.
[4]
Distance between mobile homes: a total of 28 feet in both side yards, with a minimum of 10 feet per side.
[5]
Sufficient screening and buffering or parking areas must be provided to protect the neighborhood from detrimental noise, dust, and other disturbances.
[6]
Each mobile home shall be provided with a minimum of two paved parking spaces which shall be located on the mobile home space. If on-street parking is not provided, one additional off-street parking space per unit shall be provided in a common visitor parking compound. Such visitor parking compounds shall be sized, arranged, and located so that the spaces are within 300 feet walking distance to those units served.
[7]
Each mobile home shall be placed on a six-inch-thick poured concrete pad over a six-inch stone base, the length and width of which shall be at least equal to the length and width of the mobile home it is to support.
B.
Nonresidential land uses.
(1)
Adult oriented establishment.
(a)
The establishment shall not be located within 1,000 feet of any lot that is zoned residential.
(b)
The establishment shall not be located within 500 feet of the lot boundary of any existing school, day-care center, hospital, group care facility, personal care boarding home, group home, public park or playground, place of worship or establishment which is licensed to serve and/or sell alcoholic beverages.
(c)
The establishment shall not be located within 500 feet of any other existing or proposed adult-oriented establishment.
(d)
Persons or landowners and/or developers who intend to operate an adult-oriented establishment shall obtain from the Borough the applicable license to operate such an enterprise and pay to the Borough an investigation fee as may be set from time to time by resolution of the Borough Council. Applications, requirements and renewals associated with licensing can be obtained at the Borough Planning Department and shall be filed with the Borough Zoning Officer.
(e)
The establishment shall be initially licensed when it has met the requirements set forth in this chapter.
(2)
Retail, large-scale.
(a)
Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods.
(b)
Building setbacks shall be consistent with the existing building setbacks of adjoining lots.
(c)
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination on a lot, when adjacent to a residential zoning district, shall be a maximum of one footcandle. Lighting levels shall also be reduced by 1/2 their standard operating power, between 11:00 p.m. and 6:00 a.m.
(d)
A traffic flow plan acceptable to the Borough Engineer shall demonstrate adequate associated circulation areas do not conflict with existing Borough development and circulation patterns.
(3)
Banks and financial institutions.
[Added 3-10-2020 by Ord. No. 2020-02]
(4)
Health/fitness club.
[Added 3-10-2020 by Ord. No. 2020-02
(a)
The establishment must be located on an arterial or collector street, including any provided off-street parking so as to not create parking and traffic issues upon any surrounding streets or residential developments.
(5)
Parking lot or facility, public.
[Added 3-10-2020 by Ord. No. 2020-02]
(a)
If the parking facility is accessory to the principal use of a lot, it shall be included in all impervious surface coverage calculations.
(b)
If a parking facility provides lighting, said lighting shall be illuminated at a maximum of one footcandle at the lot line for a lot constructed along Market Street. All other lots, if providing lighting, shall be illuminated with a maximum footcandle of 0.0 when measured at the lot line.
(c)
A parking facility shall not be located any closer to a right-of-way line or a lot line than what is permitted by the parking setbacks defined in this chapter.
(d)
The perimeter of a parking garage/structure shall be landscaped with inclusion of tree continuous canopy along the parking lot perimeter and understory plantings a mixture of 50% deciduous and 50% evergreen within the buffer yard area.
(6)
Parking lot, private.
[Amended 3-10-2020 by Ord. No. 2020-02]
(a)
The lot shall have a maximum of one identification sign not exceeding two square feet per ingress/egress point.
(b)
Ingress/egress points must be designated so as not to impact surrounding development and traffic patterns.
(c)
A parking facility shall be illuminated at a maximum of 0.5 footcandle. The lot shall be illuminated with a maximum footcandle of 0.0 when measured at the lot line.
(d)
A parking facility shall not be located any closer to a right-of-way line or a lot line than what is permitted by the parking setbacks defined in this chapter.
(e)
The perimeter of a parking garage/structure shall be landscaped with inclusion of tree continuous canopy along the parking lot perimeter and understory plantings a mixture of 50% deciduous and 50% evergreen within the buffer yard area.