Millvale City Zoning Code
ARTICLE III
Conditional Uses
§ 312-12 Procedure for approval.
A.
The Borough Council shall hear and decide requests for conditional uses within 45 days after the last hearing before the governing body. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefore. Conclusions based on any provisions of this or any other ordinance contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
B.
Where the Borough Council fails to render the decision within the period required by this section or fails to commence, conduct or complete the required hearing as provided in § 908(1.2) of the Pennsylvania Municipalities Code,[1] within 60 days from the date of the applicant's request for a hearing or fails to complete the hearing no later than 100 days after the completion of the applicant's case-in-chief, unless extended for good cause upon application to the Allegheny County Court of Common Pleas, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of failure of the governing body to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the Borough Council shall fail to provide such notice, the applicant may do so.
[1]
Editor's Note: See 53 P.S. § 10908(1.2).
C.
Nothing in this section shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. A copy of the final decision or, where no decision is called for, the findings shall be delivered to the applicant personally or mailed to him no later than the day following its date.
D.
The Borough Council shall evaluate a conditional use application:
(1)
The application shall indicate the section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. The Borough Zoning Officer shall determine the completeness of the application and either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete and improperly filed. If the application is returned as incomplete, a written notice, which cites the specific requirements of this chapter, which have not been met, shall be sent to the applicant. The application shall include the following:
(a)
A development plan.
(b)
A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.
(c)
A map showing and identifying all lots within 200 feet of the lot for which conditional use approval is requested and a list of the names and addresses of the owners of these lots from the most recent records of Allegheny County.
(d)
A traffic impact analysis, if required by the requirements of this article.
(e)
Application fee as required.
(2)
The Planning Commission shall be given a written recommendation to Borough Council regarding the conditional use application.
(3)
A public hearing shall be held by the Borough Council pursuant to public notice.
(4)
In granting a conditional use, the Borough Council may attach additional conditions and safeguards in addition to those expressed in this chapter, as it may seem necessary to implement the purposes of the Municipalities Planning Code and this chapter.
§ 312-13 Expiration of conditional use approval.
Conditional use approval shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless the Borough Council, in their sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 312-14 Expiration of conditional use approval granted prior to effective date.
Conditional use approval granted prior to the effective date of this chapter shall expire automatically without written notice to the applicant if no application for a grading permit, building permit or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of the effective date of this chapter or as specified in the approval, unless the Borough Council, in their sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
§ 312-15 General standards and criteria.
Before approving a conditional use application, the Borough Council shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located, and that it will not substantially impair the use or development of adjacent properties. The Borough Council shall use the following general standards, among other things, in its evaluation. These standards shall be in addition to any other requirements in this chapter for a specific type of use or development.
A.
The proposed use complies with all applicable provisions and requirements for that type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable Borough, county and commonwealth and federal ordinances, laws and regulations. The proposed use shall obtain applicable permits, licenses, and approvals from the Borough, Allegheny County, Pennsylvania and federal agencies before final approval of the conditional use application shall be granted.
B.
The proposed use is compatible with the surrounding land uses. It does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, illumination and glare, restrictions to natural light and air circulation or other hazardous conditions that could endanger surrounding residents or impair the use of surrounding properties.
C.
The proposed site for the conditional use is suitable in terms of topography and soil conditions and size, based on number of projected users and the frequency of use of the proposed use.
D.
The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.
E.
The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, storm drainage, solid and toxic waste storage and disposal.
F.
The proposed use provides screening or buffer areas as required by this chapter.
G.
The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.
§ 312-16 Standards for specific uses.
A.
In addition to the general standards and criteria for conditional uses listed in the sections above, an application for any of the following uses which are listed in any zoning district as a conditional use shall comply with the following applicable standards and criteria.
(1)
Single-family dwelling.
(a)
Within the C District and the RO District, all open space associated with the development of single-family dwellings shall be accessible to the public.
(b)
Parking shall be provided on the same lot upon which the dwelling unit is located.
(c)
In order to ensure that any proposed development does not create adverse conditions to the public road right-of-way, a traffic impact study, in accordance with Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak-hour volumes and the traffic movements produced by such development. A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to levels of service (LOS) shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Borough if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
(2)
Two-family dwelling.
(a)
Parking shall be provided on the same lot upon which the dwelling unit is located.
(b)
In order to ensure that any proposed development does not create adverse conditions to the public road right-of-way, a traffic impact study, in accordance with Institute of Transportation Engineers (ITE) standards, shall be required to be submitted as part of any proposed development to determine peak-hour volumes and the traffic movements produced by such development. A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways shall be provided. New streets shall be designed for adequate traffic capacity. All reference to levels of service (LOS) shall be defined by the Highway Capacity Manual, published by Transportation Research Board. These standards may be waived by the Borough if sufficient evidence is provided that the criteria cannot be met with reasonable mitigation.
(3)
Apartment. Dumpsters, if located on the lot, shall be located in the rear setback yard and shall be screened with an earth berm, landscaped buffer yard, fence or wall with a minimum height of six feet and a minimum opacity of 80%.
(4)
Mobile home park.
(a)
An office manager shall have full-time residence within the mobile home park.
(b)
Minimum lot requirements. The following provisions shall apply to the overall development:
(c)
Side and rear yards of minimum lot: 50 feet minimum from any mobile home exterior wall to any lot line.
(d)
Minimum setback of all mobile homes and accessory structures: 75 feet from any street right-of-way adjacent to the mobile home lot.
(e)
Net lot requirements.
[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. The total of side yard setbacks shall be a minimum of 28 feet, with no side yard setback less than 10 feet.
[5]
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
(5)
Personal care boarding home.
(a)
The minimum area and bulk regulations for a personal care boarding home shall be the same as those required for all uses in the zoning district in which the facility is located.
(b)
A personal care boarding home shall have direct vehicular access to an arterial or collector road as delineated by the Borough.
(c)
No personal care boarding home shall be established within 1,000 feet of another personal care boarding home.
(d)
A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
(e)
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
(f)
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.
(g)
Where 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 Officer in January of each year.
(6)
Animal hospital.
(a)
Such uses and structures shall be located at least 100 feet from any lot line adjoining a residential use or zoning district and at least 50 feet from any other lot line.
(b)
Animal holding areas shall be within an enclosed building.
(c)
If any adjacent property is or has been developed for any residential dwelling, the kennels/boarding area of said animal hospital/care facility shall be soundproofed to minimize noise impact on adjacent properties.
(d)
The facility shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the local/County Health Department shall be maintained.
(7)
Auto sales/service and repair.
(a)
The minimum site area shall be one acre.
(b)
The dealer shall provide an indoor showroom for the new equipment or vehicles.
(c)
Only vehicles in "showroom condition" may be displayed on the property forward of the building setback line.
(d)
All vehicles not in "showroom condition" (including but not limited to: those received in trade, awaiting repairs, for lease, etc.) shall be stored behind the building setback line and screened from view from the right-of-way and from adjoining properties by a landscape screen or fence of appropriate design, as approved by the Borough Council.
(e)
Any vehicle or equipment that fits the definitions of "junked vehicle" or "abandoned vehicle," as defined in this chapter, is prohibited from the premises.
(f)
The outdoor storage provisions of this chapter shall be waived for such dealerships provided the above conditions are met and that the development complies with the percentage of impervious surface.
(g)
The area used for display of merchandise offered for sale and the area used for the parking of customer and employee automobiles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of an equivalent or superior character, approved by the Borough Engineer.
(h)
Landscaping within or along the perimeter of surface parking and loading areas shall be encouraged to minimize the impact of heat and glare from paving.
(i)
As a part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
(8)
Bakery/confectionery.
(a)
Dumpsters and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.
(b)
Outdoor storage of materials shall not be permitted.
(c)
A delivery plan for the use shall be submitted for Council approval.
(10)
Bed-and-breakfast.
(a)
The operator of the bed-and-breakfast must be the owner of the business and shall reside on the premises.
(b)
Meals shall only be served to overnight guests of the bed-and-breakfast.
(c)
Guests shall be limited to a maximum length of stay of 14 consecutive days in any thirty-day period.
(d)
No more than five guest sleeping rooms shall be available and/or utilized at any one time for the transient guests. Each guest room may provide lodging for up to two individuals, unless children under the age of 16 years are accompanying the guest. In no instance shall the total number of guests in the bed-and-breakfast exceed 14 people.
(e)
No part of the facility shall be rented for social or business functions.
(f)
There shall be only one lodging house located on the lot.
(g)
The lot shall meet all area and bulk regulations of the district in which it is located.
(h)
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. The use shall comply with the performance standards of this chapter.
(i)
Not more than one identification sign shall be permitted. The identification sign must conform to this chapter.
(j)
All required parking spaces shall be provided on the lot and shall not be located in the front yard. There shall be one space provided for each room and one space provided for each permanent resident.
(k)
The driveway entrance and all parking areas shall be constructed of well-compacted stone or better and approved by the Borough Engineer.
(l)
The conditional use of a bed-and-breakfast expressly excludes alternative housing for criminal offenders, drug or alcohol rehabilitation, halfway house and similar uses.
(11)
Brewery/brew pub/tap room.
(a)
A brewery/bar/tap room shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
(b)
A brewery/bar/tap room's hours of operation and activities must be appropriately scheduled to protect surrounding residential neighborhoods from detrimental noise, disturbance or interruption.
(c)
The owner(s) and operator(s) of a brewery/bar/tap room shall be responsible for the conduct and safety of the patrons.
(d)
No more than one identification sign shall be permitted; said sign shall be a ground or a wall sign. The graphic area of the sign shall not exceed 40 square feet.
(12)
Club/lodge. A delivery plan for the use shall be submitted for Council approval.
(13)
Emergency services. An access analysis shall be conducted in order to evaluate sight distance and to identify appropriate lot access points. Special traffic signage control and lighting may need to be provided pending the results of said access analysis.
(15)
Fuel/service stations.
(a)
In order to ensure pedestrian safety, access and circulation for both customers and deliveries/loading shall be posted on the lot.
(b)
Loading areas/docks shall be screened with either landscaping or fencing from neighboring uses.
(c)
One additional tree per fuel pump/recharge unit shall be planted on the lot.
(d)
Lighting associated with any canopy constructed on the lot shall be installed as internal illumination of the canopy only.
(e)
To minimize conflicts between food/beverage items, animals and the natural elements, the storage of palettes and other loading-related equipment/materials shall be contained within an enclosed and covered structure.
(f)
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(g)
Building and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
(h)
Buffering of parking and loading areas shall be provided in accordance with this chapter.
(i)
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of zero footcandles.
(j)
A traffic impact study shall be required 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.
(16)
Funeral home.
(a)
A listing of products which contain toxic and/or explosive materials shall be kept on record at all times.
(b)
A circulation plan acceptable to the Borough shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
(17)
Grocery store/butcher shop/green grocer.
(a)
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhoods.
(b)
Buffering of parking and loading areas shall be provided in accordance with this chapter.
(c)
A traffic impact study acceptable to the Borough Engineer shall be required to be submitted where the proposed development, according to the Institute of Transportation Engineers' (ITE) standards, will generate 50 trips in addition to the adjacent roadways' peak-hour volumes.
(d)
Any parking area associated with a grocery store shall have a maximum of two points of ingress/egress to an arterial or collector street, as delineated by the Borough.
(e)
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
(f)
Dumpsters shall be located to the rear of the lot and screened with the same building material of the principal building, buffer yard, fence or wall with a minimum height of eight feet if the dumpster has a peaked roof, and otherwise six feet, and a minimum opacity of 80%.
(18)
Health/fitness club.
(a)
Dumpsters and service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No dumpsters and/or service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.
(b)
Outdoor storage of materials shall not be permitted.
(c)
A delivery plan for the use shall be submitted for Council approval.
(19)
Home occupation.
(a)
The home occupation shall be carried on wholly within the principal or accessory structures.
(b)
Articles not produced on the premises shall not be sold on the premises.
(c)
There shall be no display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for delivery off the premises.
(d)
Exterior displays or signs other than those permitted in this chapter, exterior storage of material and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
(e)
The use shall not significantly intensify vehicular or pedestrian traffic which is normal for the residences in the neighborhood.
(f)
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of a structure.
(g)
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
(h)
The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be permitted to be parked outdoors on the premises.
(i)
The following uses shall not be considered home occupations and shall be restricted to the zoning districts in which they are specifically authorized as permitted uses or uses by special exception, including, but not limited to:
[1]
Beauty shops or barber shops containing more than two chairs;
[2]
Clinics, hospitals or nursing homes;
[3]
Kennels, veterinary offices and clinics;
[4]
Mortuaries;
[5]
Private clubs;
[6]
Private instruction to more than three students at a time;
[7]
Restaurants or tearooms;
[8]
Stables;
[9]
Tourist or boarding homes;
[10]
Vehicle or equipment rental, repair or sales;
[11]
Vehicle repair garages, as defined by this chapter.
(j)
Day-care homes other than those defined in this chapter shall meet all of the foregoing requirements for a home occupation as well as the following additional requirements:
(20)
Laundry and/or dry-cleaning plan.
(21)
Marina, docks, portals for water access.
(a)
Ingress and egress of the lot shall be approved by Council.
(b)
Outdoor storage of materials associated with maintenance shall not be permitted.
(c)
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be a maximum of zero footcandles.
(d)
The plan for the use shall be prepared and sealed by an architect, engineer or landscape architect showing the overall use of the site, structures and facilities, decks, ramps, etc. The plan shall conform to all safety requirements of the United States Army Corps of Engineers.
(22)
Mixed nonresidential/residential. When a number of different uses are proposed within a structure, facility or complex, and when it can be demonstrated that one or more of such uses require parking needs at times other than normal business or operating hours, the applicant shall present for review and consideration a written report prepared by a professional traffic engineer or consultant, stating that a maximum combination of all such uses will not require that the total accumulative parking needs must be provided on the site. After review of the plan, if determined that a reduced overall parking requirement can satisfy the off-street parking needs of the combined facilities, the applicant shall be permitted to reduce the parking spaces provided in accordance with the stipulated number of spaces by the appropriate reviewing body.
(23)
Personal and professional services.
(a)
A minimum of 15% of the net floor area of the business shall include retail as an accessory use where said retail activity shall be directly related to the services.
(b)
Said retail accessory use of the business shall be located on the first or ground floor.
(c)
The square footage associated with said retail accessory use shall be located immediately fronting on and visible from a public street.
(24)
Place of assembly/worship.
(a)
A primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(b)
A traffic impact study acceptable to the Borough Engineer shall be required 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 number of points of ingress/egress shall be based upon projected peak-hour traffic for the use and approved by the engineer to ensure employee and visitor safety.
(d)
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
(e)
For parking demands greater than 100 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas may be required to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
(25)
Printing, publications, and engraving plants.
(a)
Any outdoor storage conducted on the lot shall comply with the regulations for outdoor storage as defined in this chapter.
(b)
A facility shall have one point of ingress and egress to a public arterial or collector street.
(c)
Hours of operation and activities must be appropriately scheduled to protect the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
(d)
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemicals, liquids, gases or solids shall be updated annually and submitted to the Borough for record.
(26)
Professional and business offices. A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
(27)
Public park, recreation area, playground.
(a)
All pools, tennis courts, or other comparable facilities shall be considered structures for the purpose of this chapter.
(b)
Coverage, including structures, parking lots, and buildings, shall not exceed 50% of the lot.
(c)
The facility area and lot boundaries shall be landscaped as required by the Borough to minimize noise projection and make the grounds aesthetically compatible to the surrounding properties.
(d)
All structures shall not be less than 100 feet from any lot line, and no less than 200 feet from the nearest house.
(e)
All facilities shall have a paved parking area in accordance with this chapter; and it shall not be closer than 25 feet to any residential lot line.
(f)
All facilities shall abut a public road and have a permanent access thereto.
(g)
Alcoholic beverages without a Pennsylvania Liquor Control Board license, amplified music, and jukeboxes shall be prohibited on the premises.
(h)
No direct or sky-reflected glare, whether from floodlights or any other kind of light, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
(28)
Riverboat gambling. If not located on the lot in which the use directly access to/from the water, parking shall be located on the lot immediately adjacent to the point of land/water access.
(29)
School, academic.
(a)
Such use shall not exceed the impact on the neighborhood and adjacent streets of any use specifically listed as permitted in the zoning district in which the school is located. In making such determination, the following characteristics shall be considered:
[1]
The number of employees.
[2]
The number of students.
[3]
The floor area of the building or gross area of the lot devoted to the proposed use.
[4]
The type of products, materials, equipment and/or the process involved in the proposed use.
[5]
The traffic and environmental impacts.
[6]
The ability of the proposed use to comply with the performance standards of this chapter.
(b)
The commercial school shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
(c)
Schools shall have a minimum of one point of ingress/egress to an arterial or collector road, as delineated by the Borough. The road shall have sufficient capacity to handle traffic generated by the facility.
(d)
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot.
(e)
At no time shall any supply materials or equipment be permitted to be stored outdoors.
(30)
Sewage treatment facility. Equalization tanks shall be located at least 1,000 feet from any property line adjoining residential use or zoning classification and at least 500 feet from all other property lines.
(31)
Storage building for retail on premises.
(a)
The storage building shall be accessible both internally from the retail business and externally.
(b)
The height of the storage building shall not exceed the height of the structure in which the retail is located.
(c)
No outside storage shall be permitted and ventilation shall be provided as part of the storage building to ensure no build-up of heat, fumes, and the like.
(d)
Service areas shall be screened from the public right-of-way and not conflict with off-street parking associated with the use. No service areas shall be located between the front lot line of the lot and the front facade of the principal structure in which it is located.
(e)
A delivery plan for the use shall be submitted for Council approval.
(32)
Tattoo shop.
(a)
Applicable business and Health Department licensing shall be available and displayed in public at all times.
(b)
An hours-of-operation schedule shall be submitted at the time of application. Hours of operation shall be scheduled to not cause detrimental impacts of noise, traffic and other performance-related standards on surrounding neighborhood development.
(c)
Any such establishment shall be located on an upper floor of a building only.
(d)
No tattoo establishment lot shall be located within a one-thousand-five-hundred-foot radius of another tattoo establishment lot line.
(33)
Theater.
(a)
A theater/auditorium's primary visitor dropoff and pickup area shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(b)
All parking shall be provided on the same lot as the principal building.
(c)
For parking lots that provide space for more than 50 cars, a theater/auditorium shall have two direct points of ingress/egress from the adjoining arterial and/or collector street(s). The points of ingress/egress shall be located in a manner that minimizes detrimental traffic impacts (both pedestrian and vehicular) on the surrounding neighborhood.
(d)
For parking demands greater than 50 automobiles, additional setbacks, screening and buffering of off-street parking and loading areas shall be incorporated as defined by the Borough to be provided in order to protect the surrounding neighborhood from inappropriate noise, dust, light and other disturbances.
(e)
Any additional standards that are needed to protect public health, safety, and welfare or to address unique characteristics of a particular lot defined by the Borough shall be complied with by the landowner and/or developer.
(f)
Hours of operation shall be scheduled to ensure compatibility with surrounding land uses. Hours of operation for outdoor facilities shall be approved by the Borough.
(g)
Noise generated from any performance activity shall not be exceed 65 decibels with 100 feet of the lot line of said use.
(34)
Any identified conditional use in the Riverfront (RF) District. In addition to the above applicable provisions, development shall be approved if it is found to meet the following criteria:
(a)
Development shall not inhibit the creation of a Borough and regional access point to the Allegheny River by the public.
(b)
Development shall not inhibit the future creation of a trail along the Allegheny River for walking, hiking and biking, the portion of which trail in Millvale Borough shall be part of a regional trail along the Allegheny River.
(c)
Development shall plan and provide for improving public access to, use of, and enjoyment of the scenic and other assets of the Allegheny River, and further the goals of the Borough relative to the use and preservation of riverfront property; or in the alternative, will not inhibit the same.
(d)
The proposed riverfront development plan preserves the development objectives of this chapter, and is consistent with or does not substantially deviate from the Borough Comprehensive Plan, as amended.
(e)
Maintenance and conservation of any proposed common open space are reliable; and the amount and extent of improvements of such open space is adequate with respect to the purpose, use, and type of development proposed.
(f)
Physical design of the development adequately provides for public services, pedestrian and vehicle traffic facilities and parking, light, air, recreation, and visual enjoyment.
(g)
The total environment of the development is harmonious and consistent with the riverfront district or subdistrict in which it is located and that the long-term development of any unused portion of the land owned or controlled by the developer will be harmonious and consistent with the portion of the land proposed for approval.
(h)
The development will afford a greater degree of protection of natural watercourses, topsoil, trees, and other features of the natural environment, and prevention of erosion, landslides, siltation and flooding.
(i)
The development will provide for a reasonable balance among permitted uses within the Riverfront District, including uses already established pursuant to previously approved development.