Borough of Zelienople, PA Article X Conditional Uses

§ 280-1001 General standards.

The following shall constitute general performance standards to which all conditional uses shall adhere:

A. The proposed use shall provide for the arrangement of buildings, signage, lighting, parking, access, and operations of the establishment in a manner that minimizes adverse impacts upon the public health, safety, welfare, and morals of the community.

B. The proposed use shall provide for the arrangement of buildings, signage, lighting, parking, access, and operations of the establishment in a manner that preserves the essential character of the neighborhood in which it is located.

C. The arrangement of landscaping, parking, loading, and other operational amenities, whether principal or accessory to the principal use, shall provide for an impact commensurate with that of establishments bearing uses permitted as of right in the respective zoning district.

D. The site design of the proposed use shall promote the least intrusive options in regards to signage, vehicular circulation, deliveries, and hours of operation as possible while accommodating the basic requirements of the use's regular business operations.

E. The location, size, intensity and site layout of the use shall be such that its operations will not be a nuisance or be objectionable to nearby dwellings, by reason of vibration, noise, fumes, lights or pollution of any type, or be hazardous to a greater degree than is normal with respect to that of establishments bearing uses permitted as of right in the respective zoning district.

F. The overall costs versus the benefits in regards to public services, tax revenues, and benefits to the planning area's residents where the layout or design of such establishment may minimize such impacts to a level commensurate with uses permitted as of right in the respective zoning district.

G. Parking and access shall locate in an area of the property that is least intrusive on neighboring residential properties.

H. All parking and the site itself shall be screened in accordance with § 280-702H and I as each relates landscaping corridors and buffers.

I. Unless otherwise stated, all establishment and uses outlined in this part shall be subject to the height, lot coverage, and impervious surface coverage maximums of the zoning district in which each is located.

J. All facilities shall be served by public sanitary sewerage and water facilities available within the Borough, consistent with all rules and regulations thereof.

K. No loading or delivery of goods in connection with an establishment cited in this part is permitted from public rights-of-way.

§ 280-1002 Conditional use application requirements.

A. The applicant shall submit the items required in this section, including required filing fees, which shall be required in order to constitute a complete application.

(1) Where new structures, parking, or landscaping are required or proposed, the applicant shall submit a mylar and sufficient copies of a plan on twenty-four-inch-by-thirty-six-inch sized paper at a scale necessary to show all required details. Said plan shall be drawn by a registered surveyor and shall include all details necessary to demonstrate and evaluate compliance with the Zoning Ordinance and the standards and criteria specified in this article.

(2) Where new structures are proposed, building elevations showing building facade treatments.

(3) Where specified in this article, conditional uses shall be required to submit the following impact study.

(a) Information concerning the average number of daily vehicle trips estimated to be generated by such use, with peak-hour vehicle trip ends identified.

(b) Information concerning the estimated amount of tax revenue to be generated by such a use, broken down by revenue to paid to the Borough, Butler County, and the Seneca Valley School District.

(c) Information concerning the estimated cost of public services to be provided to such use, broken down by cost to be borne Borough, Butler County, and the Seneca Valley School District, including police, transportation, and other public services.

(d) Applicants shall submit a narrative detailing the proposed use including gross floor area, number of employees, operating hours, and a general synopsis of business or use activities and operating polices, including information sufficient to demonstrate compliance with state licenses as may be required.

(4) Required fee per the Borough's adopted fee schedule.

(5) The applicant shall indicate whether or not the applicant is willing to accept the decision of a hearing officer if the Borough Council, by majority vote, accepts the decision and findings of a hearing officer in lieu of its own decision and findings, as authorized in Section 913.2 of the MPC, as amended.[1]

[1] Editor's Note: See 53 P.S. § 10913.2.

(6) Conditional uses applications for traditional neighborhood developments, or related land development that requires some conditional use approval may be submitted simultaneously with the preliminary or tentative approval application, wherein the conditional use shall be reviewed based on materials submitted with the tentative application proposal and shall not be accepted until all materials required for traditional neighborhood development or Subdivision Ordinance requirements. Where no proposal is submitted, the applicant shall submit drawings sufficient to demonstrate compliance with the standards outlined in the respective sections of this article. Such drawings and materials include, but are not limited to, approximate number and type of units and uses proposed, existing topography on five-foot intervals, the street network and cartway locations within 250 feet of the site.

[Amended 11-25-2019 by Ord. No. 868-19; 4-26-2021 by Ord. No. 877-21]

B. A complete application shall be submitted to the Zoning Officer at least 21 days prior to the next regularly scheduled monthly Planning Commission.

C. Three copies of all application materials and reports and seven copies of all plans and drawings.

D. The Borough Council shall hold a public hearing, per public notice, within 60 days of the filing of a complete application. Where a hearing officer has been designated, the officer shall preside over the hearing.

E. A decision and accompanying findings of fact shall be issued within 45 days after the conclusion of the aforesaid hearing. The Borough Council or hearing officer may attach conditions to any approval that either finds are necessary to permit the conditional use in a manner consistent with this chapter and this article in particular. A condition of approval shall include the receipt of the applicant's signature, indicating acceptance of the findings of fact and conditions, if any, within 30 days of approval, wherein the failure of the applicant to submit the aforesaid acceptance shall be deemed a denial of the conditional use. A copy of the decision shall be filed at the Borough Office. The decision shall be mailed to the applicant no later than one day following the date of the decision.

F. Where the Borough Council fails to render the decision within 45 days of the conclusion of the required public hearing or fails to commence the required hearing within 60 days from the date of the applicant's request for a hearing or fails to complete the hearing no later than 100 days after the completion of the applicant's case in chief, unless extended for good cause upon application to the court of common pleas, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Borough Council to meet or render a decision as hereinabove provided, the Borough Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this act. If the Borough Council shall fail to provide such notice, the applicant may do so.

§ 280-1003 Day-care centers, adult day services and group residential facilities.

A. No more than 25% of the floor area occupied by the facility, including storage, utility, and restroom areas, shall be utilized as an administrate office, as an accessory to the principal use.

B. Supervision shall be provided by at least one responsible and appropriately qualified adult on duty at all times at which residents or patients are present.

C. The establishment shall obtain all required state permits and shall demonstrate adherence to the requirements of the Department of Public Welfare, Department of Health, Department of Agriculture, or any applicable state agency. Compliance shall include the provision of necessary facilities shown on the site plan or proposed land development plan, where required.

D. All structures accessory to the establishment, excepting those used for utility purposes at or under 144 square feet in floor area, shall be set back at least 25 feet from any property line.

E. Where the building housing the use is less than 2,000 square feet in gross floor area, the structure shall be set back at least the amount of the minimum side yard in the zoning district in which the establishment is proposed. Such buildings greater than 2,000 square feet in gross floor area shall be set back a minimum of 25 feet from side and rear lot lines.

F. Day-care centers and adult day services shall not provide overnight lodging of clients. Hours of operation shall be limited to 6:00 a.m. to 8:00 p.m.

G. Adult day services may locate within a building containing one single-family residential principal use in addition thereto, provided that only one principal building is located on a lot.

§ 280-1004 Assembly halls, public or semipublic; churches; local public uses; private schools and commercial schools.

A. Principal and accessory buildings, including recreation courts and fields accessory to the principal establishment, shall be set back at least 25 feet from side and rear property lines.

B. Accessory recreational facilities including fields, playgrounds, and courts shall be subject to the same standards as parking lots, as cited in § 280-1001G, and shall be located in an area of the property that least impacts neighboring property owners. Council may require location of said facilities where topography and existing wooded areas provide a barrier or may require a barrier of mounding and landscaping sufficient to minimize the effects of noise and lighting.

C. Assembly halls may include a restaurant as an accessory use provided that the restaurant function serves food or drink only to members or parties reserving the facility for specified period of time, rather than the general public in the same manner as a full service restaurant would provide. Assembly halls including restaurant accessory uses shall be housed within a building on at least 30,000 square feet of land with one principal building other than a church, and shall be set back at least 40 feet from side and rear property lines.

D. Churches may include one single-family dwelling as a secondary principal use, and preschool programs and assembly areas as accessory uses. However, regular operations of day-care, adult day services, and assembly halls leased to the public at large shall be classified as separate uses and subject to the authorizations and standards of zoning district in which said use is located.

E. Residential dwelling units intended to house students or employees of an establishment conditionally authorized in this section shall not be permitted.

F. Hours and frequency of operation for events to be conducted by local public uses and private and commercial schools shall be submitted as part of the application. As such provides a basis for the findings of Council, approval shall include a limitation on such events and operations to that submitted or proposed with the application.

§ 280-1005 Outpatient treatment clinic and transitional residential facility.

A. The above uses shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship within the Borough established prior to the proposed treatment facility. Said distance shall be measured from the lot line on which the preceding uses and facilities are situated.

B. All principal and accessory structures shall be set back at least 50 feet from all property lines.

C. The establishment or facility, as a condition of occupancy, shall submit names and contact information of all managing staff, wherein at least one such qualified person shall supervise the facility at all times.

D. Said facilities shall demonstrate compliance with all applicable state regulations as instituted by the Department of Health and the Department of Public Welfare, Corrections, or any other applicable state agency, which shall become conditions of operation.

§ 280-1006 Mobile home trailers and parks.

A. Mobile homes or house trailers, whether the wheels are attached or detached, shall be permitted only in mobile home parks that meet the requirements of this section if authorized as a conditional use by the Borough Council after recommendation by the Planning Commission. Occupied camping trailers, as defined by this chapter, shall meet all the requirements specified for mobile homes.

B. Lot area: the minimum area for every trailer park hereafter developed shall be two acres.

C. Minimum lot area for each trailer: the minimum unit area for each trailer lot used or occupied by and under each trailer shall be as follows:

(1) Seventy-five percent of the lots in any one trailer park shall be not less than 2,100 square feet in area.

(2) Twenty-five percent of the lots in any one trailer park shall be not less than 1,800 square feet in area.

(3) Density in any trailer park shall not exceed 10 units per gross acre.

D. Minimum width of trailer lots: the minimum width for each trailer lot shall be 30 feet.

E. Minimum distance between trailers: no trailer stall be placed within 15 feet of another, provided that with respect to trailers parked end to end, the distance between trailers so parked shall not be less than 10 feet.

F. Setbacks: no trailer shall be placed a lesser distance from the trailer park boundary than the side yard width required in the zoning district that abuts each boundary line. In no case shall a trailer be parked less than 10 feet from the trailer park boundary. All trailers shall be set back from any public street the same distance as buildings are required to set back in the zoning district in which the trailer park is located.

G. Water and sewer facilities: water shall be furnished from the Borough water supply system with supply faucets located on each trailer lot. In each trailer park, all waste from a faucet, toilet, tub, shower, sink, drain, washing machine, garbage disposal unit or laundry shall empty into the Borough sewerage system.

H. Service buildings: each trailer park shall provide service buildings to house facilities.

(1) All service buildings shall be permanent structures complying with ordinances regulating the construction of buildings.

(2) All service buildings shall be adequately lighted at all times of day and night, shall be well ventilated, shall be constructed of such moisture-proof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of not less than 60° F. during the period from October 1 to May 1.

(3) Service buildings housing sanitation facilities shall be located no closer than 20 feet from any trailer lot nor further than 150 feet from any trailer lot serviced by such building. Setback requirements from public streets pertaining to trailers shall also apply to service buildings. Walkways shall be provided from each service building to the nearest driveway and shall be constructed and maintained to a minimum width of three feet in a manner and of materials suitable for all weather use.

(4) All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance or fire hazard.

I. Sanitation facilities: each park intended for use by camping trailers shall provide toilets, baths or showers and other sanitation facilities that shall conform to the following requirements:

(1) Each sex shall be provided with not less than one lavatory for each five trailer lots, and not less than one shower or bath tub with individual dressing accommodations for each 10 trailer lots. Each lavatory, shower or tub shall be provided with hot and cold water outlets.

(2) Each toilet and each shower or tub with individual dressing accommodations shall be in a private compartment or stall.

(3) The toilet and other sanitation facilities for males shall be either in separate buildings or shall be separated, if in the same building, by a soundproof wall from those provided for females.

J. Storage tanks: gasoline, liquefied petroleum, gas or oil storage tanks shall be so installed as to comply with all county, state and national Fire Prevention Code regulations.

K. Additions to trailers: no permanent or semipermanent structure shall be affixed to any trailer as an addition to such trailer, nor shall any accessory structure be permitted on any trailer lot or in any trailer park except those accessory structures required by these regulations and those necessary for operation and supervision of a trailer park. The prohibition herein against any addition or accessory to a trailer shall not apply to a canopy or awning designed for use with a trailer. The trailer lot coverage of a trailer shall not exceed 30% of the total trailer lot area.

§ 280-1007 Essential service buildings.

A. The building's scale and function shall represent the minimum necessary for the satisfactory provision of services by the utility to the neighborhood or area in which the particular use is to be located.

B. The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the enjoyment of residents and patrons in the zoning district in which it is located.

C. The applicant shall demonstrate adequate screening through fencing, landscaping, or a combination thereof that shall be evaluated by Council as that necessary to screen those portions of the structure that are incompatible with the scale and character of residential and nonresidential development in the neighborhood or area where the building is located.

§ 280-1008 Bed-and-breakfast.

A. All rooms and related facilities provided for transient guests shall be normal integral components of the principal dwelling unit.

B. The owner of the facility, or members of the owner's immediate family, shall reside within the principal dwelling unit on a full-time basis.

C. Only members of the family in residence on the premises and not more than two nonresident employees shall be engaged in the conduct of the bed-and-breakfast establishment.

D. No facilities, such as cooking accommodations or similar amenities, other than those provided for the normal use of the principal dwelling unit, shall be provided for serving and accommodating transient guests.

E. No more than three guest sleeping rooms shall be utilized concurrently for transient guests in any facility.

F. The size of each individual guest sleeping room utilized for transient guests shall have a minimum floor area of 100 square feet.

G. Maximum occupancy shall not exceed eight guests.

H. Food service, for other than normal residential purposes, shall be limited to overnight transient guests.

I. Only normal residential yard and structure lighting appropriate for residential purposes shall be permitted.

J. An overnight guest shall not occupy the facility for more than five consecutive nights during any thirty-day period.

§ 280-1009 Hospital facility.

A. The minimum site area for an institutional facility or hospital shall be five acres. The site plan must present a unified design that provides for an organized arrangement of all existing and proposed buildings, service facilities, parking, and circulation systems.

B. Buildings shall be sited in conformity and harmony with neighboring sites. The elevation, orientation, and setback of the proposed building shall not detract from the use, view or appearance of adjacent buildings.

C. No structure shall be located within 40 feet of an adjacent property line or an adjacent site structure. Structures shall be set back a minimum distance of 75 feet from a public right-of-way, except that said required setback may be reduced to a minimum distance of 55 feet where a minimum clear site distance of 500 feet is provided in all directions from any point of site ingress or egress that intersects with a public right-of-way.

§ 280-1010 Kennels and veterinary clinics.

A. Proper sanitation and disposal of waste shall be demonstrated through an operations plan.

B. In the C-1 District, all animals treated or boarded shall be housed within a completely enclosed building.

C. Outdoor runs, authorized in the C-3 District, shall meet the required side and rear yards of the C-3 District, shall be secured by a fence, and, where within 25 feet of an adjoining lot line, shall provide visual screening of six feet in height at plant maturity, which may include mounding.

§ 280-1011 Funeral homes.

A. No more than one funeral home shall be authorized per block.

B. Traffic circulation on the lot shall be designed to minimize congestion and provide for the anticipated arrangement of vehicles on the property without obstructing the free flow of traffic on adjoining streets or alleys.

C. One residential dwelling unit designed for a single family may coincide with the principal building used as a funeral home.

§ 280-1012 Conditional uses authorized in R-4/C-2 Mixed Use District.

The requirements of specific conditional uses enumerated in this article notwithstanding, the following shall apply to all conditional uses within the R-4/C-2 District.

A. Applicant shall submit a general operations plan that details timing of expected deliveries, accessory events and functions associated with the business, and expected hours of operation.

B. Loading and delivery of goods shall be provided between the hours of 6:00 a.m. and 10:00 p.m.

C. Where feasible, in terms of Subdivision and Land Development Ordinance[1] requirements, those of this chapter, and other applicable requirements, parking shall locate to the rear of the principal structure.

[1] Editor's Note: See Ch. 240, Subdivision and Land Development.

D. Structures shall be constructed subject to the standards of § 280-605E(1) except that the amount of variations required shall be for every 30 feet and shall meet the performance standards of § 280-605E(2) through (4) and P.

§ 280-1013 (Reserved) [1]

[1] Editor's Note: Former § 280-1013, Planned residential development, was repealed 11-25-2019 by Ord. No. 868-19; and 4-26-2021 by Ord. No. 877-21.

§ 280-1014 Normal agricultural operations.

A. Normal agricultural operations shall take place on parcels of 10 acres or greater, wherein operations on smaller parcels shall be considered a nuisance given the general topography of the Borough which would effectively limit the operation to a concentrated area of the property.

B. Boarding of horses shall be limited to one horse per every three acres of the parcel.

C. All principal structures shall be set back a minimum of 100 feet from any property line.

D. Greenhouses totaling not more than 5,000 square feet shall be permitted as accessory retail, where 80% of gross sales are derived from the sales of produce grown on site.

E. All patron parking shall provide a minimum of five spaces in a parking lot subject to the standards applicable to other commercial uses.

§ 280-1015 Service stations.

A. Access to the site shall be limited to one point on each street on which the establishment fronts.

B. Entrances shall be limited to 24 feet in width.

C. In lieu of a marquee or hanging sign, a projecting sign, defined as a sign with two faces 90° to the wall of a building to which they are affixed, shall be permitted up to 12 square feet and projecting no more than 30 inches from the building. The sign may also be affixed to those canopies and supporting structures that cover fuel pumps.

D. The lot line adjoining a street shall include a picket style or opaque fence constructed of vinyl, wood, brick, or similar materials approved by Council of three to four feet in height. Landscaping may accompany the perimeter of this fence.

§ 280-1016 Adult entertainment.

A. Purpose and legislative intent.

(1) It is hereby declared a matter of legislative declaration and belief that the wellbeing of the citizens of the Borough of Zelienople would be threatened by the presence of adult entertainment establishments as said term is hereinafter defined. These establishments, and the type and character of the merchandise, paraphernalia and services sold in them, create an atmosphere of enticement that is increased by the lascivious and suggestive advertising often employed to promote the availability of these products and services. It is the intent of the Borough of Zelienople to regulate the exposure of these establishments.

(2) It is the firm belief of the legislative body that it has a vital duty and role to protect the moral fiber and standards of its residents; in particular, the minors of the community.

(3) The location of adult entertainment establishments is of vital concern to society with regard to their location near areas where minors may learn, play, pass by or would be exposed to the advertising, window displays, or the general atmosphere encompassing their operation. The legislative body finds that adult entertainment establishments, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. One of the purposes of this regulation is to prevent the concentration or clustering of these establishments in any one area.

(4) It is the intent of the Borough Council in enacting these regulations relative to adult entertainment establishments to exercise only those powers granted to it. These regulations shall in no way be deemed to permit any adult entertainment establishment, as defined herein, which would otherwise be prohibited or in any way regulated by any other law, statute, ordinance, rule or regulation.

(5) Further, these regulations are enacted to promote, protect and facilitate the public health, safety, morals and general welfare of all residents of the Borough of Zelienople.

B. Definitions. It is the purpose of this subsection, together with its subparagraphs, to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist in the interpretation of said provisions and to insure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be construed as defined in the following subsections and subparagraphs unless from the context a different meaning is clearly intended. The following definitions are intended to supplement the definitions contained in § 280-302 and are intended to be applicable to this article only.

C. For the purpose of this article, "adult entertainment establishments" are defined as follows:

ADULT BOOKSTORE

Any establishment which has as a substantial or significant portion of its stock in trade:

(1) Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis or depiction on description of specified sexual activities or specified anatomical areas.

(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARET

A nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

ADULT ENTERTAINMENT ESTABLISHMENTS

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

ADULT MINI MOTION PICTURE THEATER

An enclosed or unenclosed building with a capacity of more than five but less than 50 persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

ADULT MODEL STUDIO

Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of and is, in fact, authorized thereunder to issue and confer a diploma.

ADULT MOTEL

A motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTION PICTURE ARCADE

Any place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTION PICTURE THEATER

An enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

ADULT NEWSRACK

Any coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium or other similar establishment, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

MASSAGE ESTABLISHMENT

Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

SPECIFIED ANATOMICAL AREAS

As used herein shall mean and include any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Include the following:

(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relations, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

(3) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breasts.

D. Minimum spacing and proximity requirements.

(1) No adult entertainment establishment shall be located within 1,000 feet of any other adult entertainment establishment.

(2) No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:

(a) No such establishment shall be located within 800 feet to a residential district, whether such district is located in the Borough of Zelienople or in an abutting municipality.

(b) No such establishment shall be located within 900 feet of any parcel of land which contains any one or more of the following specified land uses, whether said uses are located in the Borough of Zelienople or in abutting municipalities:

[1] Amusement park.

[2] Camp (for minors' activities).

[3] Child-care facility.

[4] Church or other similar religious facility.

[5] Community center museum.

[6] Park, playground, school.

[7] Other lands where minors congregate.

(c) The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.

E. Parking. Parking shall be established at the minimum ratio of one parking space for each 100 square feet of gross floor area and one parking space for each employee.

F. Hours of operation: Borough Council may impose a limitation on the hours of operation, as necessary, to assure that the intent of this chapter is complied with.

G. Visibility from the street: No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock in trade which depicts, describes or relates to specified sexual activities and/or specified anatomical areas as defined herein, to be viewed from the street, sidewalk or highway.

§ 280-1017 Traditional neighborhood development, Type I.

A. The development shall comply with all performance standards and approval processes outlined in § 280-605E, F, and G, excepting § 280-605H, and those as outlined in this section any standards or requirements which otherwise conflict with the standards of this section.

B. The development may include any such nonresidential establishment authorized as a conditional use in the R-2 District provided that at least 20% of the gross floor area of all principal buildings shall consist of single-family, duplex, and townhouse residential dwelling units. Additionally the development may include residential facilities for housing students where kitchen and restroom facilities are shared by more than one family, as defined by this chapter. Such facilities shall be deemed as nonresidential uses for purposes of this section.

C. The development may include administrative and professional offices and accessory parking within 400 feet of Beaver Road or Main Street.

D. Townhouse groupings may contain up to six units.

E. Multifamily buildings may contain up to 24 units.

F. The location, design, type and use of structures proposed, with most structures being placed close to the street at generally the equivalent of 1/4 the width of the lot or less. The distance between the sidewalk and residential dwellings should, as a general rule, be occupied by a semipublic attachment, such as a porch or, at a minimum, a covered entryway. In cases of townhouses, the width shall be measured for every two units.

G. The build-to lines shall be established in consideration of an entire block, and the lot widths thereon and shall be commensurate with the setbacks of the adjoining neighborhoods where direct street access is provided.

H. The applicant may request waivers of street width requirements or one-way streets that Council shall consider based upon availability of off-street parking, provision of alleys, and the likelihood that the street will be utilized as a local collector street or for adjoining future developments.

I. Garages should not face the front lot line.

J. Parking shall not locate in the front yard of any building.

K. Townhouse units shall adhere to the standards of § 280-606 with respect to required variations in building facade.

L. Lot width should not be less than 40 feet, withstanding unit lots as authorized.

M. Council may require alley access to discourage excessive curb cuts on narrow lots.

N. Sidewalks of at least four feet in width shall be required as per the specifications of the Borough within the adjoining street right-of-way and connecting to adjacent sidewalks or trails.

O. Street trees shall be planted as required by the Subdivision and Land Development Ordinance.[1]

[1] Editor's Note: See Ch. 240, Subdivision and Land Development.

P. Lot coverage, impervious surface coverage, and height shall be as applied to multifamily structures in the underlying district.

Q. Overall lot coverage and units per acre authorized in the underlying district shall apply to the site as a whole. However, individual lots may vary from the requirement. At least 20% of the total site area shall be distributed as common open space accessible to patrons or residents of the development and may include a neighborhood park or community center. This shall include a twenty-foot buffer providing a topographical break, wooded areas, landscaping and mounding, or other barriers sufficient to screen the perimeter of the development, excepting any part fronting on a street. Additionally, the development shall include a plaza linked to buildings in the development via sidewalks built to municipal standards or trails linking residential areas. The plaza shall include park benches flanking sidewalk areas, and some unifying element or focal point such as a gazebo or similar gathering area. The plaza shall comprise at least 5% of the total site area.

§ 280-1018 Traditional neighborhood development, Type II.

A. The following residential principal uses and structures are authorized as follows by block, the definition of which for purposes of this section shall be modified to include both sides of the subject street that lie within the R-3 District. No more than 30% of the dwelling units on any particular block shall be incorporated within or classified as the following.

(1) Duplex dwelling.

(2) Multi or multiple-family dwelling, apartment, up to four units per principal structure.

(3) Rowhouse or townhouse dwelling, up to four units as a group, joined by party walls.

B. All lighting and signage installed within this area shall meet the specifications and limitations of standards instituted for or permitted within the R-4/C-2 Mixed Use District.

C. Maximum impervious surface coverage applied to the area of any lot within the overlay shall be 70%.

D. Structures shall be constructed subject to the standards of § 280-605E(1), except that the amount of variations required shall be for every 30 feet and shall meet the performance standards of § 280-605E(2) through (4) and P.

E. Garages integral or attached to said units shall not face the front lot line. Access drives providing access to garages and parking shall be limited to one for every group of townhouses or multifamily structures unless accessed from an alley.

F. Unit lots are authorized as per § 280-701C.

G. No more than one duplex or multifamily structure shall be located on one lot.

§ 280-1019 Communications antennas.

A. Antennas as defined in this chapter shall be permitted in C-2, C-3 and I Zoning Districts as a conditional use. Conditional use applications may be authorized pursuant to the standards and criteria specified herewith:

(1) Existing structures.

(a) In order to reduce the number of antenna support structures needed in the community in the future, proposed antenna support structures shall be required to accommodate other uses, including other communication companies and local police, tire and ambulance companies.

(b) An antenna site with antenna that is attached to an existing communications tower, smokestack, water tower or other tall structure is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure (and is within the fifteen-foot limit) it shall be authorized as a use by right and the applicant shall not be required to meet the standards and criteria contained in the following provisions of this section of this chapter.

(2) New structures.

(a) The applicant shall demonstrate that it is licensed by the Federal Communications Commission or other state or federal regulatory commissions to operate the antenna.

(b) If the applicant proposes to build an antenna (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of all tall structures within a one-quarter-mile radius of the site proposed and that one or more of the following reasons for not selecting an alternative existing building or existing antenna structure or other structure apply:

[1] The proposed equipment would exceed the structural capacity of the existing building, antenna structure or any other structure and reinforcement of the existing building, antenna structure or any other structure cannot be accomplished.

[2] The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, antenna structure or other structure and the interference cannot be prevented.

[3] Existing buildings, antenna structures or other structures do not have adequate space to accommodate the proposed equipment.

[4] Addition of the proposed equipment would result in NIER R (non-ionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

(c) All other uses ancillary to the antenna and associated operational equipment are prohibited from the antenna site unless otherwise permitted in the zoning district in which the antenna site is located.

B. Application requirements for communication antennas.

(1) The application for a conditional use shall include a development and operational plan. The following information and all other data deemed appropriate and necessary to demonstrate that the intent and purposes of this chapter will be achieved shall be included.

(a) A description of the character, timing and duration of the proposed construction, operation and use of the facility, including maps and plans showing the location of the site, all access routes from public roads, and the regional area to be influenced by the proposed activity and use.

(b) A full site plan drawn to scale for all antenna sites, showing the antenna support structure, building, fencing, buffering, access, and all other items required by other Borough ordinances. The site plan shall not be required if the antenna is to be mounted on an existing structure. No building permits shall be issued until after final approval of the application and the final approval and recording of a subdivision site plan.

(c) Complete plans of the proposed tower and all auxiliary structures and support facilities. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or ether debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anticlimbing devices as approved by the manufacturers.

[1] The Borough Council may require independent studies and reviews of all such assurances. These shall be prepared by qualified professionals acceptable to both the developer and the governing body. The cost of all such studies and reviews shall be borne by the applicant in cases where issues develop over the need for, or the adequacy of, safety and compliance with this chapter.

(d) The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height will be approved. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except where here required by the FAA.

(e) Setbacks from base of antenna support structure.

[1] If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the following requirements shall apply:

[2] The distance between the geometric ground level center point of an antenna support structure and any adjacent public road right-of-way and the bordering building setback lines of all adjacent land parcels shall be equal to, or greater than, 120% of the height of the antenna structure and all appendages attached thereto, as measured vertically from mean ground level.

(f) All buildings and structures on the site other than the antenna support structure and any guy wire anchors shall conform to the setback and dimensional requirements that apply to the zoning district in which the site is located.

(g) A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height. The entire fence shall be constructed in a manner to prevent the entry onto the portion of the premises on which the use is situated by unauthorized persons, domestic animals or livestock.

(h) All applicable parking, sign and other requirements of this chapter shall apply. If the antenna site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

(i) The site, including all structures, shall be constructed and landscaped in a manner appropriate to the district in which it is located. Open areas shall be covered with an appropriate vegetative material and properly maintained.

[1] Suitable landscape screening or buffers shall be developed, if deemed necessary by the governing body, to minimize visibility of outside storage or ground level operational functions if said activities are readily visible from adjoining properties used for residential purposes. Where required, a screen or buffer shall have a height adequate to achieve its purpose.

[2] Plant materials used for screening shall consist of dense evergreen plants. They shall be of a kind, or used in such a manner, so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. The governing body shall require that either new planting or alternative screening be provided if, after 24 months, the plant materials do not provide an opaque screen.

[3] The governing body may permit any combination of existing vegetation, topography walls, decorative fences or other fences instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.

(j) The applicant shall have obtained from each appropriate state and federal regulatory agency or authority a permit issued in accordance with all applicable state and federal laws, directives and regulations for the proposed use.

§ 280-1020 Adaptive reuse.

A. As an incentive for the preservation of historically significant structures, namely buildings historically or currently used as single-family detached dwellings, a developer or landowner is authorized to utilize such structure as an adaptive reuse under the following conditions and standards set forth in this § 280-1020.

B. The building used for adaptive reuse shall be located on a lot bearing frontage on one of the following streets or blocks: the south side of West New Castle Street, between Linden Street and Green Lane; West Beaver Street, between Green Lane and South Clay Street.

C. Unless otherwise specified, structures and activities associated with the adaptive reuse shall be in compliance with the dimensional standards of the zoning district in which it is located.

D. Maximum impervious surface coverage: 65%.

E. The following uses are authorized:

(1) Administrative and professional offices.

(2) Personal service establishment.

F. Prior to occupancy, the building shall meet the requirements of the Borough's Property Maintenance Code as enforced by the Borough at the time of application. The Borough's Code Enforcement Officer shall assess the building and shall submit a written report of any violations to the Zoning Officer. Where violations exist, the applicant shall submit a plan for compliance to the Zoning Officer which shall be incorporated as a condition of approval.

G. For purposes of this section and conditional use, the term "building facade" shall include all exterior walls of the building that are visible from a public street and such shall be subject to the requirements and approval processes of § 280-605, as referenced in this section.

H. Where repairs or improvements constitute a minor or major facade alteration as set forth in § 280-605, the applicant shall be subject to the requirements therein. However, a separate conditional use shall not be required for the approval of a major facade alteration which shall be considered in concert with the consideration of the adaptive reuse.

I. The demolition of any adjoining principal buildings for purposes of accommodating parking and other accessory uses as may be authorized by this section shall be subject to the processes and standards set forth in § 280-605.

J. The building may be expanded by no more than 10% of the gross floor area as existing at the time of application. The addition shall be subject to the standards of § 280-605E and shall be consistent with the predominant architectural features of the building.

K. Parking shall be furnished in accordance with Article VIII of this chapter and shall meet all standards of Article VIII of this chapter. Parking shall meet the following requirements which shall prevail over any conflicting standards otherwise set forth in this chapter:

(1) Parking spaces provided shall not exceed 110% of the minimum required parking as set forth in Article VIII of this chapter.

(2) Parking shall be set back and buffered in a manner that meets §§ 280-1005 through 280-1010 and 280-702H.

(3) Access drives and ingress/egress points shall be limited to 12 feet for one way and 22 feet for two-way access excluding curb radii within the right-of-way of the adjoining street or alley. Only one point of ingress and one point of egress is authorized from the site. Access to adjoining alleys is authorized. Access shall be at points which optimize safety and minimize conflicts with proximate intersections and adjoining traffic patterns.

L. Lighting shall meet the standards of this chapter.

M. The use of accessory structures shall be limited to the storage of lawn and maintenance equipment and parking of vehicles. Accessory structures shall meet the dimensional standards of the zoning district in which each is located.