Seven Fields City Zoning Code
ARTICLE XIII
Conditional Uses
§ 340-80 General requirements.
A.
Application.
(1)
In evaluating an application for a special exception use, the Borough shall apply the guidelines and procedures set forth in the MPC.
(2)
Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of this or any other ordinance should contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
(3)
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.
(4)
The Borough Council shall not evaluate a conditional use application unless and until:
(a)
A written application for conditional use approval is submitted to the Borough Zoning Officer no less than 10 working days prior to the regular meeting of the Borough Planning Commission. 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:
[1]
A development plan.
[2]
A written statement showing compliance with the applicable express standards and criteria of this article for the proposed use.
[3]
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 Butler County.
[4]
A traffic impact analysis, if required.
[5]
Application fee as required.
(b)
A written recommendation is received from the Borough Planning Commission or 30 days has passed from the date of Borough Planning Commission meeting at which the application is first considered for approval.
(c)
A public hearing is held by the Borough Council pursuant to public notice.
(5)
In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code (MPC) and this chapter.
(6)
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 its 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.
(7)
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 its 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.
B.
General standards and criteria.
(1)
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.
(2)
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, Butler County, Pennsylvania and federal agencies before final approval of the conditional use application shall be granted.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
C.
Specific standards and criteria. In addition to any other applicable regulations, conditional uses shall be subject to the following express standards and conditions.
§ 340-81 Adult-oriented business.
B.
Permit required. No person may operate or be employed at a sexually oriented business without the appropriate license if required by the Borough or other governmental agency.
[Amended 4-10-2023 by Ord. No. 86]
C.
Location of sexually oriented businesses.
(1)
A person is guilty of a violation of this chapter if he operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a permitted use. No sexually oriented businesses shall be located outside a district in which a sexually oriented business is a permitted use.
(2)
A person is guilty of a violation of this chapter if he operates or causes to be operated a sexually oriented business within 500 feet of a building facade that is:
(3)
A person is guilty of a violation of this chapter if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(4)
A person is guilty of a violation of this chapter if he causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(5)
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest portion of the building or structure used as a part of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, child-care facility or nursery school; or to the nearest boundary of an affected public park.
(6)
The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(7)
Any sexually oriented business lawfully operating on the date of enactment of this section that is in violation of this section shall be deemed a nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
(8)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming used by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private pre-elementary, elementary or secondary school, public library, child-care facility, nursery school or public park within 500 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
§ 340-82 Group home, transitional dwelling and personal care home.
[Added 11-9-2020 by Ord. No. 99]
A.
Residents of a group home, transitional dwelling or personal care home shall maintain a single household unit with shared use of rooms, outdoor spaces and shall share mealtimes and housekeeping responsibilities.
B.
There shall be no more than two persons per bedroom.
C.
Qualified in-person supervision shall be provided on a twenty-four-hour basis by the sponsoring agency.
D.
An applicant for conditional use of a dwelling for use as a group home, transitional dwelling or personal care home shall indicate the type of care, counseling or treatment to be provided at the site. In each instance medical care shall be incidental in nature and shall not be a major element of the care being provided at the facility.
E.
Sufficient screening and buffering of outdoor recreation spaces to protect the neighborhood from noise and other disturbances. Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with a self-latching gate.
F.
Applicants must demonstrate credible evidence of compliance with state laws and regulations, including licensure. Revocation or suspension of a state-issued license for the facility shall constitute an automatic revocation of the Borough zoning permit for the facility. The sponsoring agency shall annually (January 1) provide the Zoning Officer with a report and evidence of continuing licensure or state certification, where applicable.
G.
Sewage and water facilities shall be sufficient to safely handle the anticipated load created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or applicable public sewer and water system requirements.
H.
Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be consistent with Borough requirements.
I.
Total occupancy of the dwelling may not exceed the lesser of 10 persons or applicable building code occupancy limitations.
J.
Any change in ownership or change in condition from that originally approved will require a new conditional use application and approval.
K.
The Borough may require a periodic review of the conditional use approval every three years to determine if the facility is still operating in accordance with the terms of the original approval. If so, the renewal of the approval will be automatic.
L.
No group home, transitional dwelling or personal care home may be located within 2,000 feet of a group home, transitional dwelling or personal care home.
M.
Sponsors must provide adequate off-street parking for residents and supervisors.
N.
All group homes, transitional dwellings and personal care homes must conform with the community standards of the Borough and may be subject to other programs, including Borough registration, permitting, inspections and licensure programs, and related requirements to ensure the welfare, health and safety of occupants and neighbors.
§ 340-83 Short-term residential rental unit.
[Added 11-9-2020 by Ord. No. 99]
A.
Short-term residential rental unit operators must provide adequate off-street parking for overnight guests.
B.
Maximum capacity per short-term residential rental unit shall be no more than three persons per bedroom as identified by the Butler County Assessment Office records with a total maximum capacity not to exceed eight persons.
C.
Sufficient screening and buffering of outdoor recreation spaces to protect the neighborhood from noise and other disturbances.
D.
Provide adequate and operational safety equipment in the unit at all times while being rented, including smoke detectors, operable doors and windows.
E.
Operator(s) of a short-term residential rental unit shall not operate more than 90 cumulative days in a year and must operate such uses in strict conformance with applicable provisions of the Seven Fields Borough Code of Ordinances. Failure to comply with these conditions may result in the unilateral revocation of the operator's zoning permit. Operators shall file an affidavit no less than quarterly with the Zoning Officer, certifying the number of days the dwelling was utilized as a short-term residential rental unit and proof of payment of any local, county or state taxes associated with the rental.
F.
Operators agree to assume the responsibility for noise, parking and other code violations of their transient guests.
G.
The commencement of short-term dwelling unit use shall be considered a change in use of the property and shall not occur without the property owner first applying for, and receiving, a zoning permit from the Borough for such change in use.
H.
The Zoning Officer shall have the right to revoke the zoning certificate of any short-term residential rental unit that does not comply with approved conditions and compliance with this section after written notice to the operator and his/her/its failure to cure the deficiency.
I.
All short-term residential rental units must conform with the community standards of the Borough and may be subject to other programs, including Borough registration, permitting, inspections and licensure programs, and related requirements to ensure the welfare, health and safety of occupants and neighbors.
§ 340-84 All other uses.
Uses not expressly listed as permissible within this chapter may be considered for a conditional use application in the Industrial District upon the applicant's demonstration that the proposed use:
A.
Impacts the neighborhood and adjacent streets, circulation and lots equal to or less than any use specifically listed in the zoning district. In making such determination, the following characteristics shall be considered:
(1)
The number of employees.
(2)
The floor area of the building, gross area of the lot and/or scale of development devoted to the proposed use.
(3)
The type of products, materials, equipment and/or processes involved in the proposed use.
(4)
The magnitude of walk-in trade.
(5)
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of this chapter.
(6)
The hours of operation.
(7)
The extent of pervious and impervious surfaces in relationship to that currently present on adjacent lots and the overall block in which development, infill, reuse and/or redevelopment is proposed.
(8)
Elevations and site plans must be provided with the application.
B.
Will not endanger the public health and safety if located where proposed and that the use will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.
C.
Is in general conformity with the adopted Comprehensive Plan and in harmony with the area in which it is proposed.
D.
Complies with any applicable standards and criteria specified in this article for the most nearly comparable conditional uses or use by special exception specifically listed in the zoning district in which it is proposed, is in compliance with all other standards of this chapter and all other applicable Borough ordinances.
§ 340-85 Automobile repair.
A.
The maximum lot area for an auto repair and service station shall be 20,000 square feet.
B.
An automobile repair and service station shall have direct ingress/egress to an arterial street.
C.
All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
D.
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
E.
All fuel, oil and other flammable substances shall be stored at least 20 feet from any property line.
F.
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.
G.
Sufficient buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
H.
Cars stored on site shall be parked and/or stored on the side or rear of the lot. A 10% increased screening width applicable to the lot line adjacent to said parking and/or storage shall be provided.
§ 340-86 Automobile sales and service.
A.
Automobile sales shall have direct access to an arterial street.
B.
All automobile sales shall have a maximum lot area of one acre.
C.
Automobile inventory shall be aligned and displayed in an orderly fashion so that circulation for fire safety can be maintained at all times.
D.
All outdoor display areas adjacent to a residence or residential zoning district shall have exterior lighting reduced to 50% luminosity after 11:00 p.m.
E.
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
F.
Landscaping requirements:
(1)
One tree (2 1/2 inches caliper) per 15 display spaces shall be planted on the lot.
(2)
A decorative landscaped strip shall be located immediately adjoining the supporting structure of any signage in all directions;
(3)
A hedge or other desirable planting of at least two feet in height shall extend the entire length and breadth of the required landscaped strip.
G.
A delivery zone plan acceptable to the Borough Engineer shall be submitted to demonstrate that adequate delivery and associated circulation areas do not conflict with existing Borough development and circulation patterns.
H.
The maximum lot area for an auto service station shall be 20,000 square feet.
I.
The use shall have direct ingress/egress to an arterial street.
J.
All authorized repair and service work, car washing and lubrication shall be conducted within a completely enclosed building.
K.
All automobile parts and accessories, dismantled vehicles and similar materials shall be stored within a completely enclosed building.
L.
All fuel, oil and other flammable substances shall be stored at least 20 feet from any property line.
M.
Hazardous fluids shall be disposed of in accordance with regulations of appropriate regulatory agencies.
§ 340-87 Bed-and-breakfast.
A.
No more than 10 bedrooms may be available or used for such use in any building, and each guest room may provide lodging for up to two individuals, unless children under the age of 16 years are accompanying the guests, and in no instance shall the total number of guests in a bed-and-breakfast use exceed 30.
B.
Not more than one ground sign shall be permitted on the lot. The maximum permitted sign area shall be 10 square feet.
C.
Service meals shall be limited to breakfast only to overnight guests of the facility.
D.
All off-street parking spaces shall be provided on the lot. The number of off-street parking and loading spaces shall be provided as defined by this chapter. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.
E.
The owner and/or manager of the facility shall reside therein.
F.
An overnight guest shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.
§ 340-88 Beverage distribution.
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.
§ 340-89 Biomedical operation.
A.
Facility design must be in accordance with the most current version of the "Biosafety in Microbiological and Biomedical Laboratories" published by the U.S. Department of Health and Human Services Centers for Disease Control and Prevention and National Institutes of Health (CDC/NIH).
B.
Facilities for the treatment, proper handling and disposal of biomedical waste must be provided.
§ 340-90 Building materials sales or storage yard.
A.
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.
B.
A delivery plan for the use shall be submitted for Council approval.
§ 340-91 Bulk materials or machinery storage.
A.
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.
B.
A delivery plan for the use shall be submitted for Borough approval.
§ 340-92 Business services.
Business services shall be permitted as a conditional use, subject to the following standards and criteria:
A.
Buildings adjacent to a private street or driveway shall be located a minimum of 20 feet from the edge of the street.
B.
Primary facades and entries shall front adjacent streets or public walkways.
C.
Side and rear bufferyards shall be maintained in accordance with bufferyards, as defined by this chapter.
D.
The location and orientation of loading and service areas shall be coordinated to minimize conflicts of vehicular and pedestrian circulation.
E.
Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Borough's Construction Standard Details.
F.
Loading areas shall not be visible from any business service use.
G.
Outdoor storage shall not be visible from the primary entrance of a business service use.
H.
The ground surface of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
§ 340-93 Catering.
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.
§ 340-94 Collection and recycling facility.
A.
The use shall be conducted within a completely enclosed building.
B.
Recycling storage containers shall be completely enclosed.
C.
Vehicular access shall not be from the primary commercial frontage if access from the rear or side is possible.
D.
Vehicular dropoff areas shall be located a minimum of 60 feet from any intersection or driveway and shall not conflict with residential parking.
E.
Council shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration probable traffic generation, truck routes, hours of operation, and noise generation.
§ 340-95 Commercial school.
Required off-street parking for the business shall be clearly designated and shall be located within 300 feet of the entrance to the school.
§ 340-96 Convenience store.
A.
In order to ensure pedestrian safety, access and circulation for both customers and deliveries/loading, signs shall be posted on the lot.
B.
Loading areas/docks shall be screened with either landscaping or fencing from neighboring uses.
C.
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.
D.
Hours of operation shall be scheduled to minimize negative impacts on the surrounding neighborhood.
E.
Building and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
F.
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 footcandle.
§ 340-97 Day-care center.
A.
The facility shall be licensed as such by the Commonwealth of Pennsylvania.
B.
Ingress and egress to the site shall be designed to assure the safe dropping off and picking up of children. All dropoff locations shall be designed so as to not interfere with the free flow of traffic on adjacent streets.
C.
Outdoor play areas shall be provided and shall be secured by a fence, at least four feet in height, with a self-latching gate.
D.
Exterior open space shall be provided, being usable and accessible only for the children, at a minimum ratio of 100 square feet per child. Interior space shall be provided as per the regulations of the Pennsylvania Department of Human Services. In addition, other lot and area requirements within the zoning district in which the day-care center is proposed shall apply.
E.
Depending on traffic and/or adjoining use of the premises, a fence with approved height and strength may be required along the lot's perimeter for the protection of those using the day-care center.
F.
Outdoor play areas that adjoin residential lots shall be screened as per the screening requirements of this chapter.
G.
The general safety of a day-care center site shall be evaluated as it relates to the needs of small children.
H.
Off-street parking shall be provided in accordance with the requirements of this chapter.
§ 340-98 Dry cleaning plant.
§ 340-99 Financial institution.
A.
The ground of off-street parking and loading spaces shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
B.
Side and rear buffer areas shall be maintained in accordance with this chapter.
C.
Paved off-street stacking spaces shall be arranged in an orderly fashion so as not to cause blockage of any means of ingress or egress and to ensure that the traffic flow on public rights-of-way is not endangered in any way. A separate means of ingress shall be established and clearly marked as shall be a separate means of egress from the bank. Should any traffic congestion occur in the public right-of-way, it shall be the responsibility of the owner to direct traffic away from the facility by posting a "temporarily closed" sign or other means. The Borough may require any traffic studies and associated improvements as a condition of approval.
§ 340-100 Food processing and packing plant.
A.
All food processing and packaging activities shall be in compliance with applicable health regulations.
B.
The county and the Zoning Officer reserve the right and shall be permitted to inspect operations and facilities without prior notice.
C.
Loading areas/docks shall be screened as per the regulations in this chapter.
D.
No outdoor storage shall be permitted on a lot associated with food processing/packaging.
§ 340-101 Fuel/energy recharge station.
A.
In order to ensure pedestrian safety, access and circulation for both customers and deliveries/loading, signs 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 footcandle.
§ 340-102 Grocery store.
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 grocery store shall have a maximum of two points of ingress/egress to an arterial or collector street as defined by this chapter.
D.
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.
§ 340-103 Health and fitness establishment.
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.
§ 340-104 High tech industry.
See and conform to conditions listed for research and development.
§ 340-105 Home-based business, low-impact.
A.
All employee parking shall be located on the lot.
B.
All active and operational businesses shall file an application annually with the Zoning Officer.
C.
The home occupation shall be carried out completely within the dwelling unit or accessory building/structure.
D.
Not more than two persons other than the occupants of the dwelling unit shall be employed on the premises.
E.
As demonstrated by the floor plan(s) of the structure(s) on the lot, no more than 25% of the total floor area of the principal and/or accessory structure (s) shall be devoted to a home occupation.
F.
Parts sold or offered for sale shall be limited to those produced on the premises or to articles which are clearly incidental to the home occupation and directly related thereto, such as hair care products by a barber or beautician. If the gross sales of articles not produced on the premises exceed 25% of the gross receipts from the home occupation and sales of articles produced on the premises, such sales shall not be deemed to be incidental to the home occupation and shall not be permitted. It shall be the home occupation operator's responsibility to annually file an accurate and attested annual report of gross business receipts with the Zoning Officer to serve as proof of compliance with this provision.
G.
There shall be no exterior display, no exterior storage of materials, and no other exterior indication of the home occupation or variation of the residential character of the main building. One exterior sign of not more than two square feet shall be permitted and shall comply with Article VI, Sign Regulations.
H.
No offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced.
I.
A home occupation shall, under no circumstances, be interpreted to include retail goods, kennels or any occupation where the principal activity involves sales offered across the counter.
§ 340-106 Hotel/motel.
A.
The location, orientation and lot circulation shall be such as to minimize the disturbance to surrounding uses.
B.
All off-street parking areas located adjacent to existing residences shall reduce exterior lights to half power after 9:00 p.m. and shall be screened as per this chapter.
C.
Dropoff/temporary parking areas shall remain free and clear of obstructions for general safety and Fire Department access.
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.
Service of meals and/or beverages (alcoholic/nonalcoholic) must be secondary to the principal use of room or suite rental.
F.
Secondary eating establishments serving alcoholic beverages or secondary bars or nightclubs must be licensed by the Pennsylvania Liquor Control Board.
G.
The owner(s)/operator(s) of a hotel/motel shall be responsible for the conduct and safety of the renters and guests and shall be available to respond to inquiries and promptly quell any disturbances caused by renters or guests.
§ 340-107 Kennel.
A.
Such uses shall be located at least 25 feet from any property line adjoining an existing residential lot and at least 50 feet from any other property line or public right-of-way, as defined by this chapter.
B.
The minimum lot area shall be 1/2 acre.
C.
Outdoor animal runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or 100% opaque fence on all sides which are visible from an existing residential lot or a public right-of-way.
D.
If adjacent properties are developed as residential lots, the kennels shall be soundproofed to minimize noise impact on adjacent properties.
E.
The kennel shall be licensed by the Commonwealth of Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth of Pennsylvania and the County Health Department shall be maintained.
F.
At no time shall the animals be permitted to run loose on the lot other than in a completely enclosed area.
G.
Approval shall be subject to periodic inspections to ensure compliance with the conditions of approval. The Zoning Officer shall notify the operator 48 hours before such inspection shall take place.
§ 340-108 Life-care facility.
A.
The institution shall be accredited by the commonwealth.
B.
The institution shall be the sole occupant of the lot.
C.
Access located along a street shall take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections. Unless otherwise defined by the Borough, said distances shall be 40 feet from an intersection.
D.
Parking areas shall be screened from view of neighboring houses or those directly across the street and/or alley from the lot in accordance with the bufferyard requirements of this chapter.
§ 340-109 Manufacturing/fabrication (heavy/light).
A.
All materials and equipment shall be stored within a completely enclosed building.
B.
The use shall comply with all performance standards specified in this chapter.
C.
The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.
D.
Any outdoor storage conducted on the lot shall comply with Borough standards.
E.
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
F.
An inventory of toxic, corrosive, flammable, carcinogenic or explosive materials, chemical, liquids, gases or solids stored and/or used on site shall be available upon request.
§ 340-110 Mechanical repair.
A.
All materials and equipment shall be stored within a completely enclosed building.
B.
The use shall comply with all performance standards specified in this chapter.
C.
The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.
D.
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
§ 340-111 Medical or dental clinic.
A.
Facilities and equipment to support overnight boarding shall not be permitted.
B.
Access for emergency response shall be clearly distinguished and provided so that no parking or circulation of visitor or employee traffic blocks such access.
C.
Floor area ratio is to be 0.20 maximum for the medical or dental clinic use.
§ 340-112 Mini warehouse.
A.
Individual storage spaces within a mini warehouse shall have a maximum gross floor area of 500 square feet.
B.
Walls. A six-foot-high decorative masonry wall combined with an earthen berm or landscaping to provide an eight-foot-high screen shall be provided around the entire mini warehouse land use, unless otherwise approved by the Borough. The rear and sides of mini warehouse buildings may be used in place of portions of the required wall where no individual storage units are accessible from the building sides. The exterior side of all perimeter masonry walls and building sides (if used in place of portions of the walls) shall be coated with a protective coating that will facilitate the removal of graffiti.
C.
Lighting.
D.
Gates. All gates shall be decorative wrought iron, other metal type, or wood. All gates shall be subject to review and approval by the county fire department and sheriff's department to assure adequate emergency access.
E.
A manager and/or caretaker shall be a permanent resident and on site or available for immediate contact at all times.
§ 340-113 Mixed use.
A.
Buildings adjacent to a private street or driveway shall be located a minimum of 20 feet from the edge of the street.
B.
In buildings that contain residential dwellings, each dwelling shall have a minimum habitable floor area of 900 square feet.
C.
Dwellings in basements, garages, or other accessory buildings shall not be permitted.
D.
The entrance for the dwelling unit or units shall be designated so that it is not necessary to walk through the business establishment to access any dwelling unit; however, the business establishments and the dwelling units may share a common corridor.
E.
Dwelling units shall not be permitted on the ground or street floor of any building containing one or more business establishments.
F.
Primary facades and entries shall front adjacent streets or public walkways.
G.
The developer and/or landowner shall minimize off-street parking needs by sharing parking spaces within the development. Council may request a shared parking analysis.
H.
The location and orientation of loading and service areas shall be coordinated to minimize conflicts of vehicular and pedestrian circulation.
I.
The land development's vehicular circulation system shall be designed to minimize conflicts between heavy truck traffic and automobile traffic and parking areas.
J.
The pro-rata share of handicapped spaces required by the land development should be provided as close as practical to each use's primary entrance.
K.
Only uses designated as permitted or conditional uses within the specific district in which the development is located shall be considered for inclusion within the mixed-use development.
L.
Buildings and structures shall be designed to minimize conflicts between uses and shall be constructed in accordance with the Borough's Construction Standard Details.
M.
Off-street parking shall be provided on the lot in accordance with the ratios for each use specified in Article VII of this chapter. Shared parking for residential and business uses shall not be permitted.
N.
Loading areas shall not be visible from the primary entrance of any commercial use.
O.
Outdoor storage shall not be visible from the primary entrance of any commercial use.
§ 340-114 Mobile home park.
A.
Dimensional standards.
(1)
Minimum size for mobile home park: The minimum lot size for a mobile home park shall be 10 acres.
(2)
Minimum lot size per mobile home site: The minimum lot size per mobile home site shall be 8,000 square feet.
(3)
Setbacks. All mobile homes and other structures shall be set back at least 35 feet from the right-of-way line of any public street or property line and 25 feet from the cartway of any internal access street and any other mobile home.
B.
Development standards.
(1)
General standards. All mobile home parks shall meet the general development standards set forth in the permitted district.
(2)
Open space.
(a)
All mobile home parks shall maintain a common open space of at least 20% of the total mobile home park.
(b)
All open space areas shall, as a minimum, meet the standards set forth in § 340-23A(3), concerning PRD common open space.
(3)
Environmental considerations. All mobile home parks shall, as a minimum, meet the standards set forth in § 340-26D, concerning PRD environmental considerations.
(4)
Traffic circulation. All mobile home parks shall, as a minimum, meet the standards set forth in § 340-26F, concerning PRD traffic circulation.
C.
Additional requirements. All mobile homes located in the mobile home park shall meet the following standards:
(1)
The home has a length not exceeding four times its width.
(2)
The pitch of the home's roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction.
(3)
The exterior siding consists of wood, hardboard or painted or vinyl-covered aluminum comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction.
(4)
A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home.
(5)
The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy.
(6)
Mobile homes shall be anchored permanently to its foundation with aircraft cable or other anchoring means satisfactory to the Zoning Officer.
(7)
All mobile homes shall meet the Manufactured Home Construction and Safety Standards, Department of Housing and Urban Development, 24 Code of the Federal Regulations, Part 3280, § 3280.1 et seq.
§ 340-115 Nightclub.
A.
A nightclub serving alcohol shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
B.
A nightclub's hours of operation and activities must be appropriately scheduled to protect all surrounding residential development from detrimental noise, disturbance or interruption.
C.
The owner(s) and operator(s) of a nightclub 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.
§ 340-116 Offices (business/professional).
§ 340-117 Offices (medical).
§ 340-118 Place of assembly/place of worship.
A place of worship/place of assembly shall be a permitted conditional use, subject to the following conditions and/or standards.
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.
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.
C.
Hours of operation and events shall be scheduled to minimize negative impacts on the surrounding neighborhood.
D.
For parking demands greater than 300 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.
§ 340-119 Planned residential development.
See Article V.
§ 340-120 Recreation facilities (public/private).
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 street 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.
I.
All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when attendant is not present; and shall be constructed in accordance with all applicable state requirements.
J.
Tennis courts shall be protected by a permanent fence 10 feet in height behind each base line extending 10 feet beyond the playing area in each direction.
K.
The landowner and/or developer shall demonstrate the proposal will be compatible with the neighborhood and not adversely affect adjoining lots.
L.
The amount of new traffic generated shall not have a detrimental impact on the neighborhood.
M.
Plans shall clearly show ingress-egress facilities and provide proper sight visibility for motorists.
N.
Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods. The Borough may limit hours within this time frame based on the use and location of the facility. Operating hours for the purpose of this section shall mean the period of time that the recreational or athletic activity is occurring.
§ 340-121 Research and development.
A.
A research, testing and development facility shall have one point of ingress and egress to an arterial street, as defined by this chapter.
B.
Hours of operation and activities must be appropriately scheduled to protect the operation of the surrounding neighborhood from detrimental noise, dust, odor, vibration, light or other disturbance or interruption.
C.
All interior driveways and parking areas shall be paved with a material to reduce dust.
D.
An inventory of toxic, corrosive, flammable, or carcinogenic materials, chemicals, liquids, gases or solids shall be updated annually and filed with the local fire department and 911 service.
E.
All equipment and processing shall be contained within an enclosed building.
F.
No explosive materials or processes shall be used, and no noise, smoke or fumes shall be noticeable beyond the limits of the lot. With regard to glare, see this chapter's required provisions pertaining to lighting and glare for all districts.
G.
The lot shall be no less than 80,000 square feet in area, and the building or buildings shall be set back at least 100 feet from abutting highways and residential zone boundaries.
§ 340-122 Restaurant (sit-down/takeout).
A.
Required off-street parking for the restaurant shall be clearly designated and shall be located within 300 feet of the entrance to the restaurant.
B.
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.
C.
Outdoor storage of materials shall not be permitted.
D.
A restaurant (with drive-in) shall have a maximum of two points of ingress/egress to an arterial or collector street, as defined by this chapter.
E.
Building characteristics and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
F.
Buffering of parking and loading areas shall be provided in accordance with this chapter.
G.
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot.
H.
Off-street parking shall be provided in accordance with the provisions of this chapter.
§ 340-123 Restaurant (drive-through).
A.
A restaurant (with drive-through) shall have a maximum of two points of ingress/egress to an arterial or collector street as defined by this chapter.
B.
Building characteristics and parking setbacks shall be consistent with the existing building and parking setbacks of adjoining lots.
C.
As part of all land development, the landowner and/or developer shall provide a plan for photometrics of the lot.
§ 340-124 Retail business establishment (major/minor).
A.
Hours of operation shall be scheduled to minimize negative impacts on surrounding residential neighborhoods.
B.
All lot lines adjoining residential use or zoning classification shall be screened by the bufferyard of deepest dimension and greatest opacity as required by this chapter.
C.
Building setbacks shall be consistent with the existing building setbacks of adjoining lots.
D.
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 district, shall be a maximum of zero footcandle. Lighting levels shall also be reduced by 1/2 their standard operating power between 11:00 p.m. and 6:00 a.m.
E.
The location and arrangement of parking on a lot shall 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. The Borough reserves the right to increase bufferyard requirements, require parking to be located behind the minimum front principal building setback or to designate other measures on the lot in order to maximize safety and/or minimize impacts to surrounding uses.
F.
The ground surface of off-street parking shall be paved with bituminous, brick, concrete or stone block paving material to protect the surrounding neighborhood from inappropriate dust or other disturbances.
G.
One landscaped island for every 10 parking spaces shall be provided within all parking areas. All landscaped islands shall contain one tree a minimum of 2 1/2 inches DBH.
§ 340-125 Tavern.
A.
A bar/tavern shall be located in accordance with the provisions of the Pennsylvania Liquor Control Board.
B.
A bar/tavern'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 bar/tavern 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.
§ 340-126 Veterinary clinic.
A.
Off-street parking shall be screened from residential uses.
B.
One tree per 10 parking spaces shall be planted on the lot. Trees to be a minimum of 2 1/2 inches DBH.
C.
Facilities for the treatment, proper handling, and disposal of waste must be provided.
D.
No outdoor areas, fenced or unfenced, for patient/animal use during treatment/care shall be permitted.
§ 340-127 Warehouse.
A.
Every portion of the property used for warehouse uses shall be located not closer than 200 feet from any abutting property that is in a different zoning district.
B.
All vehicular maneuvering shall be located on site.
C.
Curb cuts shall be minimized to the maximum extent feasible in order to achieve access to the site.
D.
The approving body shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration the probable traffic generation, the physical relationship of the proposed use and structure to surrounding uses and structures, the emission of noise or glaring light, and proposed accessory uses, such as meeting facilities.
E.
Loading areas shall not be visible from a public right-of-way or an adjacent residence. A landscaped bufferyard a minimum of 25 feet in width shall be provided adjacent to all existing residences. Bufferyards shall be landscaped with a combination of deciduous and evergreen trees, shrubs, ornamental grasses and ground covers.
F.
Grass, sod, lawn or turf shall not be considered an acceptable plant for use within landscaped bufferyards.
G.
Outdoor storage of foods and/or materials shall not be permitted.
H.
The ground surface of off-street parking and loading spaces shall be paved with bituminous paving, brick, concrete or store block paving material to protect the surrounding neighborhood from inappropriate dust and other disturbances.
I.
The building height of a warehouse located within a Residential-2 District shall be compatible with the building height of adjacent lots' buildings.
§ 340-128 Medical marijuana dispensary.
[Added 11-9-2020 by Ord. No. 100]
A.
A dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the Department of Health.
C.
A dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
D.
A dispensary may not operate on the same site as a facility used for growing and/or processing medical marijuana.
E.
A dispensary shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
F.
A dispensary shall:
(1)
Not have a drive-through service;
(2)
Not have outdoor seating areas;
(3)
Not have outdoor vending machines;
(4)
Prohibit the administering of, or the consumption of, medical marijuana on the premises; and
(5)
May dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
(6)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.
§ 340-129 Medical marijuana grower/processor.
[Added 11-9-2020 by Ord. No. 100]
A.
A grower/processor must have a valid and current permit issued by the Pennsylvania Department of Health.
C.
The floor area of a grower/processor shall include sufficient space for production, secure storage of marijuana seed and/or related finished product cultivation, and marijuana-related materials and equipment used in production and cultivation or for required laboratory testing.
D.
All materials and equipment shall be stored within a completely enclosed and secured building.
E.
The storage or manufacture of hazardous or potentially hazardous materials shall not be permitted.
F.
Borough Council may impose restrictions on access to the facility, storage of vehicles or materials in the premises, hours of operation and other such matters as it deems necessary to ensure that there is no adverse impacts upon the functioning of the district or adjacent parcels.
G.
A grower/processor may not operate on the same site as a dispensary.
H.
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
I.
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Department of Health or other applicable regulatory agency policy/guideline policy and shall not be placed within any unsecured exterior refuse containers.
J.
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at grower/processor facilities.
K.
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.