Oakdale City Zoning Code
ARTICLE IX
Standards and Criteria for Conditional Use
§ 375-40 Procedure for conditional uses.
A.
Authority. The Borough Council shall hear and decide requests for conditional uses in accordance with the provisions of this chapter and the procedures, regulations, and standards and criteria of this article.
B.
Relationship to Borough SALDO (Chapter 315). All provisions of the SALDO which are not specifically modified by the Borough Council in approving a conditional use shall apply to any conditional use involving subdivision or land development.
C.
Application procedure. The applicant shall submit an application for approval of a conditional use to the Zoning Officer or designated staff person at least 28 days prior to the Borough Council meeting. The application for development shall indicate the section of this article under which the conditional use is sought and shall state the grounds upon which it is requested.
D.
Application content. An application for approval of a conditional use shall include the following:
(1)
One original application form, provided by the Borough and completed by the applicant. If the developer is other than the landowner, the landowner's authorization of the developer to apply and nature of the developer's interest in the site shall accompany application.
(2)
Nine copies of the completed application form.
(3)
Ten paper copies of colorized architectural renderings of all existing and proposed buildings and building additions, showing all sides of the building. This requirement is not applicable for existing buildings when no changes to the exterior of the building and/or no site improvements are proposed.
(5)
Ten copies of an environmental impact assessment for land developments consisting of 5,000 square feet or more of gross floor area of buildings.
(6)
Application fee and review fees established by ordinance or resolution of the Borough Council to cover the cost of review.
(7)
A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.
(8)
A map showing and identifying all lots located within 500 feet of the lot, measured from the nearest lot line, 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 the Allegheny County Tax Assessors Office.
(10)
Ten copies of a photometric plan.
(11)
In addition, all application material shall be submitted electronically as (.pdf), (.jpeg), or (.png) files on a flash drive.
E.
Determination of acceptance/rejection as incomplete. Within seven working days after a conditional use application is submitted, the Zoning Officer shall certify the conditional use application as substantially complete and accepted or incomplete and rejected. If the application is substantially complete and accepted, a hearing before the Borough Council shall occur no later than 60 days after the date the application was submitted to and filed with the Borough. Within the foregoing seven-day period, the Zoning Officer shall notify the applicant in writing if the conditional use application is incomplete and rejected, stating the deficiencies in the application, and returning the filing fee. The applicant may reapply, submitting the fee and missing material at any time.
F.
Approval of conditional uses.
(1)
The Borough Council shall hold a public hearing, pursuant to public notice, within the time periods and procedures required by the MPC. The public hearing shall commence within 60 days of the date of the filing of an administratively complete application. Public hearings shall be conducted and held in accordance with the applicable provisions of the MPC.
(2)
The Borough Council shall render a written decision on the conditional use application within 45 days of the last hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this chapter or any other rule, regulation, ordinance or statute shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found.
(3)
In granting a conditional use pursuant to this chapter, the Borough Council may impose any reasonable conditions it believes are necessary to ensure compliance with this chapter, the Subdivision and Land Development Ordinance [Chapter 315], the Borough of Oakdale Code of Ordinances, and any other ordinance or resolution of the Borough, and as it otherwise deems necessary to implement the purposes of this chapter and the MPC.
(4)
A copy of the decision or, where no decision is called for, of the findings, shall be delivered to the applicant in accordance with the applicable provision(s) of the MPC.
(5)
All development, construction and use shall be in accordance with the approved conditional use decision and plan, unless an amended conditional use application is submitted and approved. The approved conditional use plan shall consist of the application, as submitted, together with all its attachments and exhibits, as finally approved by the Borough Council, and the conditional use decision. Any development contrary to the approved conditional use decision and plan shall constitute a violation of this chapter.
G.
Expiration of conditional use approval. The grant of a conditional use shall expire one year after the date of the Borough Council written decision unless:
(1)
The applicant has applied for and obtained a building permit and commenced construction; or
(2)
In a case where the conditional use does not require the issuance of a building permit, the applicant has applied for and obtained a zoning and occupancy permit and has commenced the use which is the subject of the conditional use approval.
(3)
Expiration of the conditional use approval under this section shall require the applicant to re-apply for conditional use approval.
H.
Modifications. The Borough Council shall consider proposed modifications in any of the requirements of this chapter for each Zoning District, contained in an application for development for a conditional use will make for a more efficient, attractive, and harmonious conditional use. If such modifications, in the judgment of the Borough Council, constitute a more beneficial use of the site than provided for under the requirements of the Zoning District in which the site of the conditional use is located, the Borough Council in their sole discretion may grant the modifications for less strict requirements; however, no modification shall be granted for the following:
(1)
Authorized uses shall be limited to those specified as authorized uses or conditional uses in the zoning district in which the site is located.
(3)
Under no circumstances shall a modification be granted to the prohibition of uses or activities in floodplain areas as set forth in the Borough's Floodplain Management Ordinance.
(4)
Whenever a modification is granted to construct a structure below the 100-year flood elevation, the Borough shall notify the developer in writing that:
(6)
Requests in writing. All requests for modifications or waivers shall be in writing and shall accompany and be part of the application for development. The requests shall state in full the grounds and facts of hardship or evidence of equal or better result on which the request is based, the provision or provisions of the chapter involved, and the minimum modification necessary.
§ 375-41 General standards and criteria.
The proposed use, development, or request shall comply with the following general standards and criteria, which are in addition to any other requirements in this chapter for a specific type of use, development, or request:
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, state, and federal ordinances, laws, and regulations.
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 quality, 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.
(1)
As part of all conditional use applications that require land development approval, the applicant shall provide a plan for photometrics of the lot.
(2)
Any proposed site lighting shall be designed to minimize impact on adjacent properties and the public ROW. Illumination, when measured at a lot line, shall be a maximum of one footcandle.
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 provide 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.
§ 375-42 Standards for specific uses.
In addition to the general standards and criteria for conditional uses listed in § 375-41 above, the proposed use, development, or request shall comply with the express standards and criteria applicable to the proposed use, development, or request specifically referenced in this article.
A.
Bank/financial institution. A bank/financial institution shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(2)
The point of ingress and egress to a public road ROW shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicles.
(3)
The view of any parking or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(4)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(5)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
(6)
A bank/financial institution with a drive-through must also meet the criteria for drive-through facilities as defined in this article.
B.
Car wash. A car wash shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
All machine washing and machine drying operations shall be conducted within a building.
(2)
The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street lot line.
(3)
All entrance and exit lanes of the car wash shall be so graded and drained as to dispose of all surface water accumulation.
(4)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(5)
Paved off-street stacking spaces shall be arranged in an orderly fashion so as to not cause blockage of any means of ingress or egress and to ensure that the traffic flow on public ROWs is not endangered in any way.
(6)
The view of any parking or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(7)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(8)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
(9)
A car wash must also meet the criteria for drive-through facilities as defined in this article.
C.
Convenience store. A convenience store shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
Operations shall cease between the hours of 2:00 a.m. and 5:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(2)
No shipping, receiving and/or shall be permitted between the hours of 9:00 p.m. and 7:00 a.m.
(3)
A convenience store located within the B-2 Neighborhood Commercial District shall not exceed a total of 3,000 square feet in gross floor area.
(4)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(5)
The view of any parking or loading areas from adjacent residential properties shall be screened by landscaping, grading treatments, architectural features, or a combination of the above.
(6)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(7)
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. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
(8)
If the proposed convenience store contains a gas/fuel station, it shall also meet the conditional use criteria for a "Gas/Fuel Station" as outlined in this chapter.
(9)
A convenience store with a drive-through must also meet the criteria for drive-through facilities as defined in this article.
D.
Day care, child. A day care, child shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
The facility shall be licensed as such by the Commonwealth of Pennsylvania. Proof of this valid license shall be provided to the Borough prior to the issuance of a zoning occupancy permit for the use.
(2)
Ingress and egress to the site shall be designed to ensure the safe dropping off and pickup of children. All dropoff locations shall be designed to not interfere with the free flow of traffic on adjacent streets.
(3)
Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and shall be secured by a fence, at least four feet in height, with a self-latching gate. The location of the outdoor play area shall consider the relationship to adjoining properties.
(4)
Interior space shall be provided as per the regulations of the Pennsylvania Department of Welfare. In addition, other lot and area requirements within the zoning district in which the day care is proposed shall apply.
(5)
Depending on traffic and/or adjoining use of the premises, a fence may be required along the lot's perimeter for the protection of those using the day care.
(6)
The view of outdoor play areas from adjacent residential lots shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
E.
Drive-through facility. A drive-through facility shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
A drive-through facility located in the B-2 Neighborhood Commercial District shall only be permitted as a conditional accessory use to a permitted principal use.
(2)
Each window, bay, or area designed for drive-through service shall provide five reservoir vehicle stacking spaces per window, bay, or area; such space shall not encroach into any other required aisles or spaces.
(3)
Drive-through lanes shall be located to the rear or side of buildings.
(4)
The view of a drive-through facility from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(5)
A drive-through shall be located so that it does not conflict with pedestrian or vehicular movement.
(6)
Drive-through lanes shall be distinctly marked by traffic islands at a minimum of five feet in width. A separate circulation drive shall be provided for passage around and escape from the outermost drive-through service lane.
(7)
A drive-through shall have no more than two service lanes and a passage around and escape from the outermost drive-through service lane, except that a bank/financial institution may have a maximum of three service lanes.
(8)
A traffic impact study, in accordance with ITE standards, shall be required to be submitted and approved by the Borough Engineer. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
F.
Gas/fuel station. A gas and fuel station shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
Operations shall cease between the hours of 2:00 a.m. and 5:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(2)
No gas/fuel station shall be located within 200 feet of another gas/fuel station, as measured from the nearest lot line.
(3)
The ground surface of off-street parking, fueling, and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(4)
The view of any parking, fueling, or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(5)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(6)
Gasoline pumps shall be located at least 30 feet from the edge of the ROW of a public street. Gasoline pumps and canopies shall be located to the side or rear of a building within the B-2 Neighborhood Commercial District.
(7)
Air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 10 feet from any lot line.
(8)
All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.
(9)
All canopy lighting must be fully recessed within the canopy.
(10)
No shipping, receiving and/or shall be permitted between the hours of 9:00 p.m. and 7:00 a.m.
(11)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
(12)
If the proposed gas/fuel station contains a convenience store, it shall also meet the conditional use criteria for a convenience store as outlined in this chapter.
G.
Micro-brewery/brew pub. A micro-brewery shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(2)
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Borough may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.
(3)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(4)
The view of any parking or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(5)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(6)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
H.
Micro-distillery. A micro-distillery shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
Operations shall cease between the hours of 2:00 a.m. and 9:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(2)
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Borough may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.
(3)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(4)
The view of any parking or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(5)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(6)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
I.
Restaurant, neighborhood. A neighborhood restaurant shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
Operations shall cease between the hours of 2:00 a.m. and 5:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(2)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(3)
The view of any parking or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(4)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(5)
The site shall be connected to public water and public sewer systems.
(6)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
(7)
If the proposed neighborhood restaurant contains a drive-through facility, it shall also meet the conditional use criteria for a drive-through facility as outlined in this chapter.
J.
Retail store, neighborhood. A neighborhood retail store shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
The structure associated with the neighborhood retail store shall not exceed 5,000 square feet in gross floor area.
(2)
Operations shall cease between the hours of 2:00 a.m. and 5:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(3)
No shipping, receiving and/or shall be permitted between the hours of 9:00 p.m. and 7:00 a.m.
(4)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(5)
The view of any parking or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(6)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(7)
Exterior storage shall not be permitted to occur as a part of a neighborhood retail store.
(8)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
K.
Tavern (bar). A tavern (bar) shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
Operations shall cease between the hours of 2:00 a.m. and 11:00 a.m. prevailing time, and the establishment may not be open to the public during those hours.
(2)
The establishment shall not be located closer than 200 feet to another similar use (including, but not limited to, a tavern/bar, micro-brewery/brew pub, and micro-distillery). The distance is measured from the nearest lot line of the lot that this establishment is proposed to be located on to the nearest lot line of the lot that the similar use is located on.
(3)
Operations shall be regulated so that nuisances such as excessive noise levels shall not be created. The Borough Council may attach such reasonable conditions as it deems necessary to ensure the operation complies with this requirement.
(4)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(5)
The view of any parking or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(6)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(7)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
L.
Winery. A winery shall be a permitted conditional use subject to the following express minimum standards and criteria:
(1)
Winery operations shall be conducted in accordance with all applicable Borough, county, state, and federal laws and regulations governing the production of crops and related operations.
(2)
Indoor and outdoor display areas associated with retail activity shall not exceed a total of 3,000 square feet in gross floor area.
(3)
The ground surface of off-street parking and loading areas shall be paved with bituminous, brick, concrete, or stone block paving material to protect the surrounding neighborhood and/or land uses from inappropriate dust and disturbance.
(4)
The view of any parking or loading areas from adjacent residential properties shall be completely screened by landscaping, grading treatments, architectural features, or a combination of the above.
(5)
All dumpsters shall be located to the rear or side of the building and shall be screened by a gated, masonry enclosure. All enclosures shall be a minimum of eight feet in height and shall not face a public street or residential property.
(6)
A traffic impact study, in accordance with ITE standards, may be required to be submitted where the proposed development could generate 100 trips in addition to the adjacent roadways' peak-hour volumes or the traffic movements produced by the development could have the potential to create adverse conditions on public road ROW. A description of future levels of service (LOS) 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 LOS shall be defined by the Highway Capacity Manual, published by the Transportation Research Board.
M.
Commercial recreation. A space for commercial recreation shall be a permitted conditional use subject to the following express minimum standards and criteria:
[Added 1-2-2024 by Ord. No. 2024-1; amended 8-1-2024 by Ord. No. 2024-8]
(1)
Access drives shall be located to take advantage of sight distances on public roads.
(2)
Lighting of the site shall be oriented away from nearby residential areas and adjacent public roads.
(3)
Site facilities shall be arranged to minimize the impact of noise created on-site by use of plantings or separation of noise-producing elements from residential areas.
(4)
A minimum site size of one acre shall be required.
(5)
Outside use areas shall be located at least 40 feet from any residential property line.
(7)
Any facility or outside use area located within 200 feet of a property line adjoining a residential use or residential zoning district shall cease operations by dusk.
N.
Multifamily dwelling. A multifamily dwelling (includes apartments, quadplexes, and townhouses) shall be a permitted conditional use subject to the following express minimum standards and criteria:
[Added 11-6-2024 by Ord. No. 2024-9]
(1)
The minimum gross land area of the overall development site shall be five acres.
(2)
Parking and driveways.
(a)
General requirements.
[1]
In accordance with the provisions of § 375-16 of this chapter, two off-street parking spaces shall be provided within the development for each dwelling unit constructed.
[2]
Parking spaces for quadplex and townhouse dwelling units may be provided within integral garages, driveways, and/or parking lots.
[3]
Parking spaces for apartments may be provided within garages, and/or parking lots.
[4]
Parking spaces shall be located no more than 350 feet from the building's primary entrance.
[5]
All parking spaces and driveways shall be surfaced with bituminous, brick, concrete, or stone block paving material.
(b)
Visitor parking.
[1]
In addition to the parking required to be provided by § 375-16 of this chapter, there shall be 1/2 space per dwelling unit provided for visitor parking located within 500 feet of the dwelling units they are intended to serve.
[2]
Parking spaces in driveways, which block access to integral garages in townhouse dwellings, shall not be permitted to count towards the visitor parking requirement.
[3]
Visitor parking shall be provided in an off-street parking lot and/or on-street through the use of parallel parking.
[4]
Visitor parking areas shall be surfaced with bituminous, brick, concrete, or stone block paving material and constructed with vertical asphalt or concrete curbing.
[5]
Any other required parking spaces (e.g., mailbox parking) cannot be combined to meet the visitor parking requirement.
(3)
The means of a building's ingress and egress shall meet requirements as outlined in the Borough's Building Code.
(4)
Fire protection.
(a)
A twenty-four-foot-wide fire/emergency access route shall be provided around the perimeter of each apartment 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.
(b)
Fire hydrants. For any development that includes the placement of fire hydrants, a three-foot clear zone shall be established around the base of each fire hydrant, which shall be surfaced with bituminous, brick, or concrete paving material.
(6)
Landscaping and bufferyards.
(a)
On-lot landscaping is required for all multifamily buildings, including apartment buildings and townhouses. The on-lot landscaping area shall cover a minimum of 15% of the lot area of the front yard (typically located between the road right-of-way and front building facade). A mix of shrubs and at least one evergreen or deciduous tree shall be provided. All landscaping areas shall be covered with decorative mulch or stone.
(b)
A minimum fifteen-foot-wide bufferyard shall be provided where the development site is adjacent to nonresidential uses and/or community facilities (e.g., trails, municipal buildings, etc.).
[1]
The bufferyard shall consist of one and/or a combination of the following options:
[a]
A six-foot-high opaque wood, vinyl, and/or masonry fence with a row of plantings, consisting of a mixture of 30% deciduous and 70% evergreen trees, spaced a maximum of 15 feet apart, measured from the vertical center line of adjacent trees.
[b]
A six-foot-high vegetated earthen mound with a row of plantings, consisting of a mixture of 30% deciduous and 70% evergreen trees, spaced a maximum of 15 feet apart, measured from the vertical center line of adjacent trees.
[c]
Alternative bufferyard designs, prepared by a registered landscape architect, may be considered by the Borough Council upon the review and recommendation of the Borough Engineer. Any alternative design must be a minimum of 15 feet wide.
[2]
The bufferyard shall be located within common open space, maintained by the HOA. If it is not possible to locate the bufferyard within common open space, the bufferyard may be located on individual lots. If located on individual lots, a restrictive covenant shall be placed in the deed for the property prohibiting removal of the bufferyard features (e.g., fencing, landscaped mounds, trees, etc.) by the property owner and a maintenance easement shall be provided to allow for maintenance of the bufferyard by the HOA.
(c)
All trees which are required to be planted as per the regulations of this section shall be a minimum of 2.5 inches DBH at the time of planting, measured along the trunk of the planted tree, which tree shall be planted in accordance with accepted conservation practices.
(d)
It shall be the responsibility of the landowner, HOA, and/or developer to assure the continued growth of all required landscaping and street trees, and/or to replace the same in the event of freezing, drought, vandalism, disease, or other reasons for the discontinued growth of the required trees, shrubs, and bushes.
(7)
Dumpsters and/or waste collection areas shall be provided in all developments not served by curbside waste collection. The waste collection areas shall be located at least 50 feet from the nearest dwelling unit and shall be enclosed by solid masonry screen walls on a minimum of three sides.
(8)
Cul-de-sacs, or on-street turnaround areas, shall be provided at the end of all dead-end streets, alleys, and access drives. The cul-de-sac or turnaround area shall be of sufficient size to accommodate emergency vehicles and snowplows.
(9)
The primary vehicular entrance to a multifamily dwelling development shall, at a minimum, have direct access to a public street.
(a)
The point of ingress and egress to a public street ROW shall be located in a manner that minimizes detrimental traffic impacts to both pedestrians and vehicles.
(10)
Streets, sidewalks, and footpaths shall be integrated into the existing Borough systems to the maximum extent possible. Proposed new streets, except alleys and access drives, shall have sidewalks or other footpaths, such as trails, as required by § 375-20.6.
(11)
Groupings of multifamily structures shall be situated no closer than 20 feet to one another, or the separation required by the Building Code, whichever is greater.
(12)
The maximum height for outdoor lighting within the development shall be 25 feet.
(13)
As part of the land development application, the landowner and/or developer shall provide a plan for photometries of the lot. Illumination, when measured at a lot line, shall be a maximum of one footcandle.