Borough of Tarentum, PA Article V Conditional Uses

§ 265-501 General standards and application requirements.

A. Conditional uses. Conditional uses are unique, and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular parcel of land. At the time of application, a review of the location, design, configuration and potential impact of the proposed use shall be conducted by the Planning Commission. The proposed use shall be analyzed by comparing it to established development standards and design guidelines. This review shall determine whether the proposed use addresses the specific standards identified in this chapter, and whether or not it should be permitted by weighing the public need for, and the benefit to be derived from the use, against the impact which it may cause.

B. General standards. Each conditional use proposed shall be evaluated by and shall meet the following standards.

(1) The use shall meet the specific standards and criteria set forth in this chapter, particularly in the article with respect to the particular use authorized. Where no express standards are set forth relating to a specific use:

(2) The use shall not endanger the public health, safety, morals and general welfare in the location where proposed.

(3) The use shall not deteriorate the environment or generate extraordinary nuisance conditions including but not limited to traffic congestion, noise, dust, smoke, glare and vibration.

(4) The use, as proposed, shall be consistent with the Comprehensive Plan.

(5) The character of the use shall be in general conformity and compatible with uses in the neighborhood in which it is proposed to be located.

(6) The use shall not adversely affect the assessed valuation of abutting properties.

C. Application requirements. The applicant shall submit all of the following in order for the application to be considered as an application for conditional use approval.

(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) The following shall be submitted as an 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, Allegheny County, and the Highlands 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, Allegheny County, and the Highlands 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 in writing 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 § 913.2 of the Pennsylvania Municipalities Planning Code, as amended.

§ 265-502 Specific conditional use standards.

A. Automotive sales and leasing.

(1) The impervious area utilized for the retail display of vehicles shall not exceed twice that of the gross floor area of the principal structure.

(2) A full parking plan shall be submitted delineating areas reserved for employee and customer parking versus those to be utilized for retail display of vehicles.

(3) Display of vehicles shall be within parking spaces that are striped and landscaped in accordance with those standards otherwise applied to parking lots throughout this chapter.

(4) In lieu of screening requirements, the applicant may install one additional ornamental tree for every 30 feet of screening omitted in order to permit visibility of the retail display of vehicles on the lot. Said trees shall be installed within the landscaping area from which the required screening was omitted.

B. Billboards. Billboards are authorized as a conditional use as follows in the C-3 Heavy commercial district on otherwise vacant parcels of land.

(1) The billboard shall be limited to 200 square feet.

(2) The billboard shall be set back a minimum of 500 feet from the property line of any lot bearing an existing single-family dwelling.

(3) The billboard shall be setback at least 100 feet from any side or rear property line not withstanding stricter provisions regarding residentially zoned properties.

(4) The billboard shall be set back at least 20 feet from any street and shall be located within 125 feet of the right-of-way of Route 28 and oriented to Route 28.

(5) Manual changeable copy signs and electronic message centers as defined in Article II are not permitted in association with a billboard.

(6) No flashing or colored lighting are permitted in association with any billboard.

C. Drive-through facilities and car washes.

(1) A minimum of 100 feet as a stacking lane shall be provided with an additional 20 feet of stacking required for each bay or station beyond one. The lane(s) shall be at least 10 feet in width.

(2) Drive through facilities shall be situated on parcels bearing a lot size of 20,000 square feet or greater.

(3) All drive through lanes shall abide by the same setbacks imposed on principal building structures as applied to the lot on which the facility is constructed.

D. Animal hospital or clinic, commercial kennel.

(1) Exterior runs shall be enclosed by a secured opaque fence of six feet in height which shall be setback the same distance as required for principal building, as applied to the lot on which the establishment operates. Use of the runs shall not occur before 8:00 a.m. and after 9:00 p.m.

E. Hospitals and transitional residential facilities.

(1) Notwithstanding stricter standards otherwise applied by this chapter, the principal building housing the establishment or facility shall be set back 300 feet from a preexisting dwelling unit, day-care or adult day-care center, nursery school, or local public use, church, or other hospital. The same requirement shall apply to heliports accessory to the facility. The establishment shall be situated on a lot with a lot area of one acre or greater.

F. Service station.

(1) No gasoline service station shall be located within 1,000 feet of a preexisting service station.

(2) Access driveways to the service station shall be at least 30 feet from the intersection of any public street.

(3) Fuel pumps, air towers and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 10 feet of any property line.

(4) Inspections, lubrication, oil changes, tire changes and similar minor repairs are permitted if conducted entirely within a building.

(5) All automobile pails and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.

G. Industrial uses in the CC Commercial Center District.

(1) Loading spaces required by this chapter shall be provided on site and out of any public right-of-way.

(2) Existing retail storefronts shall be preserved such that they may be utilized for future retail or use or ancillary retail use as related to the establishment.

(3) Noise or fumes associated with the production process shall not be discernible outside of the principal building.

(4) With the exception of loading and unloading in authorized spaces, no part of the production process, including storage of materials, shall occur outside of a completely enclosed building.

H. Adult uses and businesses.

(1) Adult businesses may be established only in the HCM District.

(2) Persons or owners who intend to open an adult business must obtain from the Borough of Tarentum a license to operate such an enterprise and must pay an investigation fee of $500 to the Borough. In addition, such persons or owners must supply to the Borough detailed information as to the ownership and financing as required on the licensing application form. This form can be obtained at the office of the Borough Secretary. This subsection does not apply to nonconforming uses.

(3) No adult business may be located within 500 feet of a preexisting residence, mental health/mental retardation centers, community action centers, nonprofit centers established to help the mentally infirm or families or children, schools, private and public, preschools, hospitals, nursing homes, sanitariums, retirement or convalescent homes, group homes, personal care homes, public parks, churches or synagogue or other place of worship, and establishments which are licensed to and do sell alcoholic beverages or to other adult business.

(4) No adult business may be located within 250 feet of an area zoned residential.

(5) An adult business shall be initially licensed, where is has met all ordinance requirements, through December 31 of the year in which the license is used. For each year thereafter that the adult business intends to continue its business as an adult commercial enterprise, it must seek from the office of the Secretary of the Borough of Tarentum a renewal of this license. The application for renewal is due in the Secretary's office no later than November 21 of the year preceding the year for which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Borough to deny or revoke an occupancy permit to an adult bookstore, adult movie theater, bar or similar adult commercial enterprise or other adult establishment.

(6) Operators of adult businesses shall comply with all applicable provisions of Borough Ord. No. 95-3, as amended.

(7) Any adult bookstore, VCR movie rental, adult movie theater, or similar adult commercial enterprise or other adult entertainment establishment found to be in violation of this chapter, as amended, shall be subject to the enforcement penalties provided for in Article XIII and/or the Pennsylvania Municipalities Planning Code.

I. Gas and oil extraction, mineral extraction.

(1) The applicant shall submit evidence that all required materials have been submitted to the Department of Environmental Protection.

(2) The applicant shall submit a statement of understanding concerning the noise limitations set forth in the supplemental standards of this chapter and shall, to the furthest extent practical, meet said chapter.

(3) The applicant shall submit cross sections of the proposed access where it meets Borough streets.

(4) The applicant shall submit sight distance measurements for the access drive, whether proposed or existing.

(5) The applicant shall submit a plan showing the access route (of Borough or state roads) over which heavy equipment will travel to the site.

(6) The applicant shall meet all current minimum driveway sight distance standards and shall demonstrate that the point of access to any Borough street will not cause the deposition of mud or debris onto said street.

(7) The applicant shall post all necessary street and road bonding as approved by the Borough Engineer.

(8) Mining. Deep or open pit mining shall be permitted only upon authorization of the Borough Council, as a result of a public hearing held thereon by the Borough Council, duly advertised as provided by law, and further subject to all rules and regulations of the Commonwealth that apply to such operation, plus additional safeguards to the public health, safety, and general welfare deemed necessary by the Borough Council.

J. Communications towers.

(1) Lot size. The lot size dimensions (depth and width) shall be dictated by the fall radius of the tower. The minimum dimensions shall be the radius of the height of the tower in each direction.

(a) The communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.

(2) If the communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other communications companies, other communications towers (fire, police, etc.), and other tall structures.

(3) The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. In addition, no antenna shall exceed 199 feet in height.

(4) All communications towers not erected in the RRO District shall be stealth towers. A stealth tower is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or a clock tower, or one which is concealed in a church steeple or concrete silo.

(5) The Borough Council may waive the stealth tower requirement where the applicant can demonstrate that the requirement is not necessary to protect health, safety and welfare, considering items such as impact on surrounding and abutting property values; height; screening; number of uses per tower, including public uses; location; and actual setbacks.

(6) Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following:

(a) One hundred percent of antenna height.

(b) The minimum setback in the underlying zoning district.

(c) Fifty feet minimum.

(7) Fencing. 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.

(8) Landscaping: The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground level features (such as a building), and in general soften the appearance of the cell site. Tarentum Borough may permit any combination of existing vegetation, topography, walls, decorative fences or other features 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.

(9) An evergreen screen shall be required to surround the site. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.

(10) In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(11) In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other communications companies, and local police, fire, ambulance services and Borough authority and road departments. In addition, a linear two-mile separation shall be maintained between communications towers, measured from the base of the support structure.

(12) The communications company must demonstrate that it is licensed by the Federal Communications Commission.

(13) Antenna support structures 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 near airports shall meet all Pennsylvania Department of Transportation, Bureau of Aviation and Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except as provided for and required by the Pennsylvania Department of Transportation, Bureau of Aviation and FAA.

(14) A plan shall be required for all cell sites showing the antenna, antenna support structure, building, fencing, buffering, and access to public rights-of-way. The plan shall not be required if the antenna is to be mounted on an existing structure.

(15) In granting the use, Borough Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.

(16) All approvals will be only for specific facilities set forth in the application. No additions or alterations thereto, other than co-location which meets all associated setbacks, will be permitted without a new application and accompanying conditional use approval.

K. Mobile home parks.

(1) A mobile home park shall have principal access from a street or highway capable of handling the traffic generated by the park and providing adequate access for the individual mobile units without impairing the normal traffic operations of the street or highway.

(2) Ten percent of the park's gross site area shall be set aside for common open space, including recreation areas, community buildings, storage facilities for park residents, laundry facilities, management offices for the park and storage of park maintenance equipment.

(3) All internal roads and parking areas shall be improved with an asphalt or similar all-weather surface. Internal roads shall be designed to meet anticipated traffic loads and shall have a minimum cartway width of 28 feet.

(4) The park operator shall obtain required permits and approval from the Pennsylvania Department of Environmental Protection, Allegheny County and Borough agencies for the sanitary sewer and water supply systems.

(5) Borough storm drainage standards shall apply to a mobile home park. A park shall have an erosion and sedimentation plan in compliance with Pennsylvania Department of Environmental Protection regulations and reviewed by the Allegheny County Conservation District and approved by the Borough Engineer.

(6) Landscaping and planting shall be provided in accordance with Article IX.

(7) No individual mobile home shall be closer than 20 feet to any street right-of-way or to any property line of the park, nor shall any unit be located within a one-hundred-year floodplain.

(8) The following lot area and setback requirements shall apply for individual home lots:

(a) Lot area: 6,000 square feet.

(b) No mobile home unit shall be sited to be within 15 feet of any other unit or accessory structure.

(c) An enclosure of compatible design and material to the exterior of the mobile home shall be erected around its entire base. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure. The hitch which is employed for the normal movement of the unit shall be removed.

(9) No mobile home shall be erected on a mobile home lot except upon a mobile home pad. Each mobile home unit shall have its own separate pad.

(a) Each mobile home pad shall be at least equal in length and width to the dimensions of the mobile home to be placed on the pad.

(b) The pad, at least six inches in thickness, shall be constructed from either concrete, asphalt or other material adequate to support the mobile home and to prevent abnormal settling or heaving under the weight of the home. In order to prevent wind overturn and rocking, the corners of the mobile homes shall be secured with at least six tie-downs such as concrete dead men, screw augers, arrowhead anchors or other devices suitable to withstand a tension of at least 2,800 pounds.

(c) Each mobile home shall be set level on sturdy and substantial supports.

(10) Two off-street parking spaces shall be provided for each mobile home lot.

(11) Parking shall comply with Articles IX and X of this chapter.

L. Similar uses, undefined.

(1) The Zoning Officer shall formally determine that the use is not classified under any use definition of which the particular use is authorized in any district.

(2) The use shall be reasonably similar to other uses authorized in the district in terms of general intensity, impact of noise and lighting, and hours of operation.

(3) Borough Council, in its written decision, shall set forth parameters for future expansions or alterations of the use, wherein expansions or changes to the particular establishment which is the subject of use approval beyond those limitations stated in the decision shall require additional conditional use approval to determine continuity as a undefined similar uses.

§ 265-503 Cluster option model.

A. Purpose. The cluster option is set forth to promote the preservation of wooded steep slopes and open space in the Borough as well as the minimization of street construction and long term maintenance of public improvements.

B. Lot types.

(1) Traditional lot.

(2) Suburban lot.

(3) Estate lot.

C. Lot standards.

	Lot Type	Traditional Lot	Suburban Lot	Estate Lot
	Lot size	7,000 to 10,000 square feet	10,001 to 20,000 square feet	Over 20,000 square feet
	Required front yard	30	40	50
	Required side yard	15 total with neither yard less than 5 feet	20 feet	20 feet
	Required rear yard	20	25	30
	Minimum lot width	65	80	90
	Minimum lot frontage	65	48	54

D. Determination of number of lots.

(1) The gross site area shall be defined as the cumulative lot areas of all parcels proposed for the cluster option.

(2) The gross site area shall be a minimum of five acres.

(3) The maximum density or number of lots permitted shall be two per acre.

E. Mixture of lots. Where application of a percentage results in a fraction of a lot, the number shall be rounded to the nearest whole number.

(1) Traditional lots: 50% to 65%.

(2) Suburban lots: 30% to 50%.

(3) Estate lots: 0 to 20%.

F. The sole permitted principal use of each lot shall be limited to one single-family dwelling.

G. A minimum of 50% of the site shall be dedicated as open space in one or more of the following methods:

(1) Dedicated to the Borough at the sole discretion of Borough Council.

(2) Dedicated as open space to be maintained by a homeowner's association.

(3) Established as estate lots where covenants in favor of the Borough are established to protect further subdivision of the lot and clear cutting of healthy forest beyond the anticipated curtilage of the proposed dwelling which is not exceed 25% of the lot size. Said lots shall bear adequate frontage on public streets existing at the time of application.

H. All proposed streets shall meet Borough standards unless waived in accordance with the ordinances requiring said standards.

§ 265-504 Planned commercial park model.

A. Purpose. The planned commercial park model is authorized in order to promote the provision of industrial, manufacturing, wholesale, and administrative uses and functions in a parklike setting, integrated with adjoining open space and jointly maintained access roads, landscaping, and accessory uses and amenities.

B. Authorized uses. The following shall be authorized subject to meeting the performance standards of this chapter and the planned commercial park model.

(1) Assembly hall, public or semipublic.

(2) Industrial uses.

(3) Commercial kennel.

(4) Hotel or motel.

(5) Multiple-family dwelling.

(6) All uses authorized as permitted by right in the Mixed-Use Development Overlay District.

C. Performance standards. The following shall apply to the overall site.

(1) For purposes of this section, a site shall be defined as the entire tract of land or lot (s) under common ownership of which all or a portion of said lots are the subject of final land development approval, excluding public rights-of-way.

(2) General design standards. The plan shall meet the following general objectives and standards:

(a) The plan will incorporate areas of environmental value including but not limited to wooded steep slopes, wetlands, and floodplains as preserved focal points of the development.

(b) Development in accordance with the planned commercial park model shall promote a sense of destination and place while facilitating linkages between destinations in the Borough and recognized open space corridors.

(c) The scale of structures shall promote perception of the development as complementary to residential-scale uses including single-family dwellings when coupled with surrounding parklike settings and buffering.

(3) Perimeter setbacks shall be determined by the yards otherwise required in the Mixed Use Development Overlay District.

(4) Interior yards on lots within the plan shall be enforced as follows:

(a) Front yard: 50 feet.

(b) Side yard: 30 feet.

(c) Rear yard: 40 feet.

(5) Principal structures on the same lot shall be separated at least 30 feet from other such structures.

(6) Maximum lot coverage: 30%.

(7) Maximum impervious surface coverage: 50%.

(8) Lot and impervious surface coverage ratios shall be increased respectively to 50% and 70% respectively as an incentive to and upon meeting the following standards:

(a) Covenants, as approved by the Borough Solicitor, shall be prepared and recorded in favor of the Borough and all future property owners ensuring that lot and impervious surface area coverage on lots within the plan collectively do not exceed the increased coverage granted by this section.

(b) No lot shall bear more than 80% total lot and impervious surface coverage.

(c) A minimum of 10% of the total site area shall be dedicated as contiguous open space for the enjoyment of residents, tenants, employees, or visitors of principal uses on the site. Where the site adjoins a public trail or a public pedestrian connection is indicated on the Borough's Official Map, such area shall be dedicated to the Borough for such use.

(9) Parking shall be subject to the same perimeter setbacks set forth in this section and may not encroach more than 50% into any other yard required.

(10) Access to the development shall be limited to one access point per public street on which the site fronts.

(11) The applicant shall submit a preliminary plan for the entire site for all imminent development as per the requirements of the applicable Subdivision and Land Development Ordinance. The preliminary plat shall indicate planned street and access drive connections.

(12) The applicant shall submit a lighting and landscaping plan verifying compliance with Borough ordinances.

(13) Covenants guaranteeing compliance of future development and the overall site with the subject approval and Borough ordinances shall be provided in a manner acceptable to the Borough Solicitor and recorded with the related plats.

§ 265-505 Conditional use application process.

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

B. Three copies of all application materials and reports and seven copies of all plans and drawings shall be submitted with all applications.

C. The Borough Council shall hold a public hearing, per public notice within 60 days of the filing of a complete application. In addition, written notice of said hearing shall be conspicuously posted on the affected tract or tracts of land or water body at least one week prior to the public hearing. Where a hearing officer has been designated, the officer shall preside over the hearing.

D. 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.

E. 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.

F. Failure to comply with all conditions and standards attached to a specific conditional use in any zoning district within 60 days of occupancy and full operation of said use shall render the conditional use status null and void and subject the owner of the property and/or owner of the business or land use to all enforcement remedies available to the Borough of Tarentum.