[Ord. 984, 12/14/2015]
The following procedures shall apply to all applicants for approval of a conditional use or use by special exception in all zoning districts.
[Ord. 984, 12/14/2015]
901.1. 
Approval of Conditional Uses. Borough Council shall hear and decide requests for conditional uses; however, Borough Council shall not approve a conditional use application unless and until:
A. 
A written application for conditional use approval is submitted to the Zoning Officer or his/her designated representative no less than 10 working days prior to the regular meeting of the 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 application shall include the following:
(1) 
A preliminary land development plan, if required by the Borough Subdivision and Land Development Ordinance[1] or, if a land development plan is not required, a current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development.
(2) 
A written statement showing compliance with the applicable express standards and criteria of this Part for the proposed use.
(3) 
A traffic impact study, as defined herein, for any use that, according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, will generate 100 or more additional trips during the adjacent arterial or collector street's peak hours.
(4) 
The applicable fee required by § 1508 of this chapter.
B. 
A written recommendation is received from the Borough Planning Commission or 45 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.
C. 
A public hearing is conducted by Borough Council pursuant to public notice and said hearing is scheduled no more than 60 days following the date of submission of a complete and properly filed application, unless the applicant has agreed in writing to an extension of time.
D. 
Each subsequent hearing before Borough Council shall be held within 45 days of the prior hearing, unless otherwise agreed to by the applicant in writing or on the record. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, Borough Council shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. And the applicant may, upon request, be granted additional hearings to complete his case-in-chief provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and the Borough, be granted additional hearings to complete their opposition to the application provided the applicant is granted an equal number of additional hearings for rebuttal.
E. 
Borough Council shall render a written decision within 45 days after the last public hearing. Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon. Conclusions based on any provision of this chapter or any other applicable rule or regulation shall contain a reference to the provision relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to him no later than the day following the date of the decision.
F. 
Where Borough Council fails to render a decision within the required 45 days or fails to commence, conduct or complete the required hearings as specified in Subsections C and D above, 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 Borough Council to meet or render a decision as provided herein, Borough Council shall give public notice, as defined herein, of said deemed approval within 10 days from the last day it could have met to render a decision. If Borough Council shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
G. 
In considering an application for conditional use approval, Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 1501 of this chapter.
901.2. 
Burden of Proof for Conditional Uses. In any application for conditional use, the applicant shall have the persuasion burden and presentation duty to show compliance with the ordinances of the Borough; the objecting parties shall have the presentation duty to show that the request is detrimental to the health, safety and welfare of the neighborhood; the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety and welfare of the neighborhood; and the objecting parties shall have the persuasion burden and presentation duty with respect to general policy concerns.
901.3. 
Expiration of Conditional Use Approval. Conditional use approval shall expire automatically, without written notice to the applicant, if no application for a grading permit, a building permit or an occupancy permit 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 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.
901.4. 
Approval of Uses by Special Exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:
A. 
A written application for approval of a use by special exception is submitted to the Zoning Officer or his/her designated representative. The application shall indicate the section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. The application shall include the following:
(1) 
A current property survey indicating all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.
(2) 
A written statement showing compliance with the applicable express standards and criteria of this Part for the proposed use.
(3) 
A traffic impact study, as defined herein, for any use that, according to the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, will generate 100 or more additional trips during the adjacent arterial or collector street's peak hours.
(4) 
The application fee required by § 1508 of this chapter.
B. 
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application, unless the applicant has agreed, in writing, to an extension of time. Said hearing shall be conducted in accordance with the procedures specified by § 1409 of this chapter.
C. 
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Part. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 1501 of this chapter.
D. 
If land development plan approval is required for the use by special exception, the application for approval of a land development required by the Borough Subdivision and Land Development Ordinance[2] shall be submitted to the Borough Planning Commission following approval of the use by special exception by the Zoning Hearing Board.
[2]
Editor's Note: See Ch. 22, Subdivision and Land Development.
901.5. 
Burden of Proof for Uses by Special Exception. In any application for a use by special exception, the applicant shall have the persuasion burden and presentation duty to show compliance with the ordinances of the Borough; the objecting parties shall have the presentation duty to show that the request is detrimental to the health, safety and welfare of the neighborhood; the applicant shall have the persuasion burden to show the applicant's request is not detrimental to the health, safety and welfare of the neighborhood; and the objecting parties shall have the persuasion burden and presentation duty with respect to general policy concerns.
901.6. 
Expiration of Approval of a Use by Special Exception. Approval of a use by special exception shall expire automatically, without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception, upon written request of the applicant, received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
[Ord. 984, 12/14/2015]
1. 
In addition to the specific standards and criteria listed for each use in § 903 below, all applications for conditional uses and uses by special exception listed in each zoning district shall demonstrate compliance with all of the following general standards and criteria:
A. 
The use shall not endanger the public health, safety or welfare nor deteriorate the environment, as a result of being located on the property where it is proposed.
B. 
The use shall comply with the performance standards of § 1001 of this chapter.
C. 
The use shall comply with all applicable requirements of Part 10 providing Supplementary Regulations, Part 11 governing parking and loading, Part 12 governing signs and all other applicable provisions of this chapter.
D. 
Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.
E. 
Outdoor lighting, if proposed, shall be designed with cutoff luminaires that direct and cut off the light at a cutoff angle of 60° or less. (See the illustration in Appendix B.)[1] Spillover illumination shall not exceed 0.2 footcandle at the property line.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
F. 
For all uses that are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.
[Ord. 984, 12/14/2015]
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 902 above, an application for any of the following uses that are listed in any zoning district as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use:
903.1. 
Adult Business, subject to:
A. 
Adult businesses, as defined by this chapter, shall not be permitted in any Zoning District other than the I Industrial, District.
B. 
All adult businesses shall comply with the requirements of Borough Ordinance No._____[1] as now or hereafter amended.
[1]
Editor's Note: So in original.
C. 
An adult business shall not be located within 1,000 feet of any of the following uses: a church; public or private pre-elementary, elementary or secondary school; public library; day-care center or preschool facility; public park or residential dwelling. The distance shall be measured in a straight line from the nearest portion of the building or structure containing the adult business to the nearest property line of the premises of any of the above-listed uses.
D. 
Any adult business, other than an adult motel, that exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space a film or videocassette or other video or image production or reproduction that depicts nudity or sexual conduct shall comply with the following:
(1) 
At least one employee shall be on duty and shall be situated in each manager's station at all times that any patron is present inside the premises.
(2) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any person is permitted access for any purpose from at least one of the manager's stations. The view required by this subsection shall be by direct line of sight from the manager's station.
(3) 
It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises that has been designated in the application submitted to the Borough as an area in which patrons will not be permitted.
(4) 
No viewing room shall be occupied by more than one person at a time. No connections or openings to an adjoining viewing room shall be permitted.
(5) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any patron is present on the premises.
(6) 
If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area, and the viewing area shall not be accessible to the performers.
E. 
If the adult business involves live performances, the performers shall not have easy access to the viewers present.
F. 
The owner and operator of any adult nightclub shall provide security officers, licensed under the laws of the commonwealth, if the maximum permitted occupancy exceeds 50 persons.
G. 
No stock in trade that depicts nudity or sexual conduct shall be permitted to be viewed from the sidewalk, street or highway.
H. 
No signs or other displays of products, entertainment or services shall be permitted in any window or other area that is visible from the street or sidewalk.
I. 
Windows shall not be covered or made opaque in any way.
J. 
Notice shall be given at the entrance stating the hours of operation and restricting admittance to adults only. The term "adult" shall have the meaning provided by applicable statutory law.
K. 
Owners and operators of adult businesses shall obtain a license to operate from the Borough. In addition, such owners or operators shall supply to the Borough such information regarding ownership and financing of the proposed business as is required by the Borough's licensing application. Applications for licensing shall be filed with the Borough Manager.
L. 
The adult business shall be initially licensed upon compliance with all requirements of this section and provisions of the required licensing application. For each year thereafter that the adult business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Borough Manager by November 1 of the year preceding the year for which renewal is sought. The lack of license or failure to renew such license in a timely manner shall be a violation of this chapter and shall be grounds for denial or revocation of the certificate of occupancy for the adult business.
903.2. 
Assisted Living Facility; Independent Living Facility, subject to:
A. 
The minimum site required shall be two acres.
B. 
The maximum dwelling unit density shall be 55 units per acre.
C. 
An assisted living facility shall include the following supporting uses:
(1) 
Common leisure and/or recreational areas.
(2) 
Common dining area.
D. 
In addition, an assisted living facility may include one or more of the following supporting uses, subject to approval by the Borough:
(1) 
Postal station for use of the residents and staff only.
(2) 
Banking facility for use of the residents and staff only.
(3) 
Pharmacy and/or medical offices for use of the residents only.
(4) 
Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, dry-cleaning valet.
(5) 
Ice cream parlor and/or florist/gift shop for the use of residents and their invited guests only.
(6) 
Elderly day-care center licensed by the Commonwealth.
(7) 
Taxi, van or similar transportation services for the residents.
E. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines adjoining property in an R-1 or R-2 District.
F. 
Parking shall be provided for the dwelling unit in accordance with the requirements of Part 11 of this chapter. Additional parking for the supporting uses intended for the residents and their invited guests shall not be required.
903.3. 
Automobile Service Station, subject to:
A. 
Such use shall not be located any closer than 200 feet to any property in an R-1 or R-2 District.
B. 
Gasoline pumps shall be located no closer than 25 feet to any property line.
C. 
All lighting shall be shielded away from adjacent lots.
D. 
No permanent stand, rack or other apparatus shall be placed so as to project beyond any building line.
E. 
Such operations as car washing, waxing and greasing shall be conducted within an enclosed building.
F. 
There shall be no storage of wrecked or dismantled vehicles outside of a building, nor shall there be parking permitted on the lot of vehicles or trailers in excess of one automobile per employee and employer, plus three customers' vehicles per repair bay.
G. 
Ingress, egress and internal traffic circulation shall be designed to ensure safety and accommodate peak demands without hazard or great delay.
H. 
Canopies shall be permitted to be constructed over gasoline pumps, provided that:
(1) 
No portion of the canopy is closer than 10 feet to any property line.
(2) 
The canopy is not attached to the principal structure.
(3) 
The canopy shall not be enclosed.
(4) 
The canopy shall be removed immediately upon permanent discontinuance of the dispensing of gasoline on the property.
I. 
Minimum lot size shall be 15,000 square feet, and minimum lot frontage shall be 120 feet.
903.4. 
Car Wash, subject to:
A. 
All car washing facilities shall be under a roofed structure that has at least two walls.
B. 
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets or other property.
C. 
Standing spaces shall be provided in accordance with the requirements specified in § 903.10 for drive-through facilities.
D. 
The facility shall be connected to public water and public storm sewers.
E. 
Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.
903.5. 
Communications Tower, subject to:
A. 
Only one communications tower shall be permitted on a lot. The lot shall be under single ownership, and if several lots are utilized to meet the requirements of this § 903.5, the lots shall be consolidated into a single parcel.
B. 
The maximum height of a communications tower shall be 200 feet.
C. 
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.
D. 
The setback from all property lines (excluding lease lines) required for the communications tower shall be 100% of the height of the tower.
E. 
Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the zoning district for accessory structures. Setbacks shall be measured from the lease lines.
F. 
Access shall be provided to the communications tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.
G. 
At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers.
H. 
The communications tower and all appurtenances, including guyed wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum eight-foot-high chain-link security fence with locking gate.
I. 
A landscaping screen shall be planted and maintained around the perimeter of the security fence. The landscaping shall be an evergreen hedge planted three feet on center maximum or a row of evergreen trees a minimum of six feet in height planted 10 feet on center minimum, or Borough Council may permit any combination of existing vegetation, topography, decorative walls and other features which achieve the same degree of screening as the required landscaping.
J. 
Communications towers shall be freestanding where the negative visual effect is less than would be created by a guyed tower. Communications towers shall have a galvanized finish or shall be painted silver. If there is heavy vegetation in the immediate area, the portion of the tower from base to tree line shall be painted green or brown to match the trees.
K. 
No antenna or communications tower shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC).
L. 
The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.
M. 
The communications tower shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-Manual, as amended.
N. 
Any applicant proposing a new freestanding communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna on an existing building or other structure or an existing communications tower. A good faith effort shall require that all owners within a one-quarter-mile radius of the proposed site be contacted and that one or more of the following reasons for not selecting an alternative existing building or communications tower or other structure apply:
(1) 
The proposed equipment would exceed the structural capacity of the existing building, communications tower or other structure, and reinforcement of the existing building, tower or other structure cannot be accomplished at a reasonable cost.
(2) 
The proposed equipment would cause RF (radio frequency) interference with other existing or proposed equipment for that building, tower or other structure, and the interference cannot be prevented at a reasonable cost.
(3) 
Existing buildings, communications towers or other structures do not have adequate space to accommodate the proposed equipment.
(4) 
Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels that exceed any adopted local, federal or state emission standards.
O. 
All new communications towers shall be designed to structurally accommodate the maximum number of additional users technically practicable and foreseeable based on the available FCC licenses for the future. The applicant shall demonstrate this with technical information prepared by an expert. Borough Council may modify this requirement if it will result in an unusually negative impact on the surrounding area.
P. 
The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
Q. 
The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
903.6. 
Community Club, subject to:
A. 
All activities, other than outdoor recreation, shall be conducted within a completely enclosed building, as defined by this chapter. Doors and windows shall remain closed during any time the entertainment is presented.
B. 
Any rental of the facility to non members shall require on-site management and/or security personnel during the event.
C. 
Activities on the site and within the building shall comply with the noise standards specified in § 1001.3 of this chapter.
D. 
All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.
E. 
Any community club that includes a swimming pool shall be further subject to the requirements of § 903.34 of this chapter.
903.7. 
Comparable Uses Not Specifically Listed, subject to:
A. 
Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the zoning district in which the property is located shall be allowed if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any comparable use specifically listed in the zoning district. In making such determination, the Zoning Hearing Board shall consider the following characteristics of the proposed use:
(1) 
The number of employees;
(2) 
The floor area of the building or gross area of the lot devoted to the proposed use;
(3) 
The type of products, materials and equipment and/or processes involved in the proposed use;
(4) 
The magnitude of walk-in trade;
(5) 
Hours of operation;
(6) 
The traffic and environmental impacts and the ability of the proposed use to comply with the performance standards of § 1001 of this chapter; and
(7) 
For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same SIC code or major group number as one or more uses that are specifically listed in the zoning district.
B. 
The proposed use shall comply with all applicable area and bulk regulations of the zoning district in which it is located.
C. 
The proposed use shall comply with any applicable express standards and criteria specified in this Part for the most nearly comparable use by special exception or conditional use listed in the zoning district in which the comparable use is proposed.
D. 
The proposed use shall be consistent with the purpose statement for the zoning district in which it is proposed and shall be consistent with the community development objectives of this chapter.
E. 
The use shall comply with the performance standards of § 1001 of this chapter.
903.8. 
Crematorium Accessory to a Funeral Home, subject to:
A. 
The minimum lot area required shall be 20,000 square feet.
B. 
Operations shall comply with the performance standards of § 1001.
C. 
The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.
D. 
The use shall conform to the air quality regulations of the Allegheny County Health Department.
903.9. 
Day-Care Center or Preschool Facility, subject to:
A. 
The facility shall be registered with or licensed by the Commonwealth of Pennsylvania.
B. 
In the R-1 and R-2 Districts, the facility shall be permitted to be located only in a church or school.
C. 
Outdoor play areas shall be provided and shall be secured by a fence with self-latching gate.
D. 
Outdoor play areas that adjoin property containing an existing single-family or two-family dwelling shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.
E. 
The general safety of the property proposed for a day-care center or preschool facility shall meet the needs of small children.
F. 
One off-street parking space per each five clients shall be designed for safe and convenient loading and unloading of clients so that clients will not have to cross the parking area or lines of traffic.
G. 
In addition, one off-street parking space for each staff person and one parking space for each facility vehicle shall be provided.
903.10. 
Drive-Through Facilities, subject to:
A. 
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
B. 
In addition to the parking spaces required for the principal use, a minimum of five standing spaces, in tandem, with a total length of 100 feet, in direct line with each window or stall, shall be provided for vehicles to wait in line. The standing spaces shall not interfere with the use of any required parking spaces and shall not inhibit the free flow of traffic on the site. The standing spaces shall be designed so that waiting vehicles shall not stand in any right-of-way or overflow onto adjacent properties, streets or berms.
C. 
Entrances, exits and standing spaces shall be adequately indicated by directional signs, as authorized by Part 12 of this chapter.
D. 
Parking areas and circulation patterns shall be adequately striped and marked to facilitate traffic circulation on the site.
E. 
Ingress, egress and traffic circulation on the site shall be designed to ensure safety and minimize congestion and the impact on local streets.
903.11. 
Equipment Storage Yard, subject to:
A. 
The minimum site required for an equipment storage yard shall be 20,000 square feet.
B. 
Any areas not paved with hard surface shall have a dust control plan that is submitted to the Borough Engineer for review and approval.
C. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
D. 
No repair of vehicles or equipment shall be permitted outside a completely enclosed building, as defined herein.
E. 
All operations shall comply with the performance standards of § 1001 of this chapter.
F. 
Engines shall not be started or kept running before 6:30 a.m. or after 8:00 p.m. if the site is located within 500 feet of an existing dwelling, measured from any site boundary to any wall of an existing dwelling.
G. 
All lighting shall be shielded and reflected away from streets and any adjoining residential properties.
H. 
A stormwater management plan to control runoff of surface water shall be submitted for review and approval by the Borough Engineer.
903.12. 
Family Day-Care Home, subject to:
A. 
All of the applicable criteria for a home occupation specified in § 903.18 shall be met, except that there shall be no limitation on the percent of floor area of the dwelling that may be devoted to the family day-care home, and the family day-care home shall be deemed not to create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
B. 
Evidence shall be submitted that all applicable requirements of the Pennsylvania Department of Public Welfare have been met, and continuing compliance shall be maintained.
C. 
An adequate and safe off-street area shall be provided for dropping off and picking up children that does not obstruct the free flow of traffic on any public street or require children to cross lines of traffic.
D. 
An adequate outdoor play area shall be provided and shall be secured by a fence with self-latching gate.
903.13. 
Fire and Emergency Medical Services, subject to:
A. 
The minimum lot area required shall be 10,000 square feet.
B. 
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.
C. 
All fire and emergency medical service vehicles shall be stored in a completely enclosed building, as defined herein.
D. 
Ingress and egress to and from the site shall be designed to minimize hazards for emergency vehicles entering the public street.
E. 
The site shall be adequately marked to indicate points of exit for emergency vehicles onto the public street.
F. 
Exterior security lighting shall be provided between dusk and dawn.
G. 
Off-street parking shall be provided in accordance with the requirements of Part 11 of this chapter and shall be located so as not to obstruct the circulation of emergency vehicles into and out of the site.
H. 
If a fire service building includes a rental hall or banquet facilities, the following criteria shall be met:
(1) 
Any rental of the facility to nonmembers shall require on-site management and/or security personnel during the event.
(2) 
Off-street parking for the banquet facility or rental hall shall be provided in accordance with the requirements of § 1102.4 for restaurants.
(3) 
Activities on the site and within the building shall comply with the noise standards specified in § 1001.3 of this chapter.
(4) 
If entertainment is presented, doors and windows shall remain closed during any entertainment involving a speaker system and/or amplification.
(5) 
All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.
903.14. 
Funeral Homes, subject to:
A. 
The minimum lot area shall be 10,000 square feet.
B. 
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined herein.
C. 
All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.
D. 
Traffic circulation on the lot shall be designed to minimize congestion and provide for the lining up of vehicles without obstructing the free flow of traffic on adjoining streets.
903.15. 
Group care facility; large personal care boarding home; and transitional dwelling, subject to:
A. 
The minimum area and bulk regulations for a group care facility, large personal care boarding home or transitional dwelling shall be the same as those required for "all other principal uses" in the zoning district in which the facility is located.
B. 
No group care facility, large personal care boarding home or transitional dwelling shall be located within 500 feet of another existing or proposed group care facility, large personal care boarding home or transitional dwelling.
C. 
Adequate provisions shall be made for access by emergency medical and firefighting vehicles.
D. 
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
E. 
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 self-latching gate.
F. 
Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
G. 
If applicable, reasonable accommodations may be requested in accordance with the provisions of § 903.20 of this chapter.
903.16. 
Heavy Manufacturing, subject to:
A. 
All operations shall comply with the performance standards specified in § 1001 of this chapter.
B. 
All materials and equipment shall be stored within a completely enclosed building, as defined herein, or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot hedge or opaque fence.
C. 
Storage trailers which are accessory to a principal structure or use shall be permitted on the site if they are screened in a fixed location and are not used for hauling and provided that there is no display or sale of merchandise from the trailer and there is no office or other administrative use of the trailer.
D. 
No shipping or receiving shall be permitted within 300 feet of property in an R-1 or R-2 District between the hours of 6:00 p.m. and 8:00 a.m.
E. 
Parking and loading areas shall be suitably illuminated for night use, and all lighting shall be shielded and reflected away from streets and any adjacent residential property.
F. 
Watchman's facilities shall be permitted, if necessary for the security of the principal use, provided that such facilities shall not be utilized as a permanent dwelling unit.
G. 
Adequate provisions shall be made for efficient traffic circulation on the site and for access by public safety and emergency vehicles.
H. 
Off-street parking and loading facilities shall be provided in accordance with the requirements of Part 11 of this chapter.
I. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
903.17. 
High-Technology Industries, subject to:
A. 
All operations shall comply with the performance standards specified in § 1001 of this chapter.
B. 
Off-street parking and loading facilities shall be provided in accordance with the requirements of Part 11 of this chapter.
C. 
All materials and equipment shall be stored within a completely enclosed building, as defined herein, or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot hedge or opaque fence.
D. 
No shipping or receiving shall be permitted within 300 feet of property in an R-1 or R-2 Zoning District between the hours of 6:00 p.m. and 8:00 a.m.
E. 
Watchman's facilities shall be permitted, if necessary for the security of the principal use, provided that such facilities shall not be utilized as a permanent dwelling unit.
F. 
Retail sales or distribution of manufactured products shall be permitted as an accessory use to the principal manufacturing use when conducted within a completely enclosed building, provided that no more than 15% of the gross floor area of all buildings is devoted to retail sales or distribution and additional off-street parking is provided based on the ratio required by § 1102.4 of this chapter for retail sales and/or distribution.
G. 
Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
903.18. 
Home Occupations, subject to:
A. 
The home occupation shall be carried on by a member of the family residing in the dwelling unit.
B. 
No person other than residents of the dwelling or members of the immediate family shall be employed.
C. 
No more than 15% of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.
D. 
A home occupation shall not be permitted to be conducted in any accessory structure.
E. 
The use shall not create any additional environmental impacts than those impacts normally resulting from residential use.
F. 
The use shall comply with the performance standards specified in § 1001 of this chapter.
G. 
The use shall not cause an increase in the use of water, sewage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
H. 
The use shall not require internal or external alterations or construction features that are not customary to a dwelling or that change the fire rating of the structure.
I. 
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
J. 
There shall be no storage of materials or equipment outside a completely enclosed building, as defined herein.
K. 
The conduct of any home occupation, including, but not limited to, the storage of goods or equipment, shall not reduce or render unusable areas required for enclosed parking for the dwelling unit.
L. 
The use shall not create greater vehicular or pedestrian traffic than that which is normal for the residences in the neighborhood.
M. 
Any need for parking generated by the conduct of the home occupation shall be met off the street and on the lot other than in a required front yard.
N. 
The home occupation shall not involve the use of commercial vehicles for regular delivery of materials to or from the premises, and commercial vehicles shall not be parked on the premises.
O. 
There shall be no regular display of merchandise available for sale on the premises; however, merchandise may be stored on the premises for off-site delivery only.
P. 
The home occupation shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the home is being used for business purposes other than a telephone listing or small classified ad briefly describing the service and providing only a telephone number.
Q. 
The following are examples of permitted home occupations, provided that all of the foregoing criteria are met:
(1) 
Artist, photographer or handicrafts studio;
(2) 
Catering off the premises;
(3) 
Contracting business, as defined herein, excluding landscaping contractor;
(4) 
Computer programmer, data processor, writer;
(5) 
Consultant, clergy, counselor, bookkeeping, graphics or drafting services;
(6) 
Dressmaker, tailor;
(7) 
Professional offices that involve routine visitation by customers or clients;
(8) 
Housekeeping or custodial services;
(9) 
Interior designer;
(10) 
Jewelry and/or watch repair, not including wholesale or retail sales;
(11) 
Locksmith;
(12) 
Mail-order business;
(13) 
Manufacturer's representative;
(14) 
Telemarketing;
(15) 
Travel agent;
(16) 
Tutoring or any other instruction to no more than five students at any one time;
(17) 
Word processing, typing, secretarial services.
R. 
The following uses shall not be considered home occupations and shall be limited to the zoning districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:
(1) 
Beauty shop or barber shop;
(2) 
Bed-and-breakfast;
(3) 
Clinics, hospitals, nursing homes;
(4) 
Contractor's yard;
(5) 
Equipment rental, sales or service;
(6) 
Funeral homes;
(7) 
Group care facility, personal care boarding home or transitional dwelling;
(8) 
Kennels;
(9) 
Landscaping contractor;
(10) 
Private clubs;
(11) 
Tutoring or any other instruction to more than five students at a time;
(12) 
Restaurants or tea rooms;
(13) 
Retail or wholesale sales; flea markets;
(14) 
Sale of guns, firearms and ammunition;
(15) 
Tanning or massage salon;
(16) 
Vehicle accessories sales and installation;
(17) 
Vehicle rental, sales and service;
(18) 
Vehicle repair garages;
(19) 
Veterinary clinic.
S. 
The acceptability of any proposed home occupation not specifically listed above shall be determined by Borough Council in accordance with the standards of this § 903.18 and the applicable criteria for comparable uses not specifically listed, in § 903.7.
903.19. 
Hospitals; Medical Clinics; Nursing Homes, subject to:
A. 
The minimum lot area required for a hospital shall be one acre. The minimum lot area required for a medical clinic or nursing home shall be 20,000 square feet.
B. 
The site shall have direct access to an arterial or collector road, as defined by this chapter.
C. 
Ingress, egress and internal traffic circulation shall be designed to ensure access by emergency vehicles and to minimize impact on local streets.
D. 
All hospitals and nursing homes shall be licensed by the commonwealth.
E. 
The required front and rear yards shall be 30 feet each; the required side yards shall be 10 feet each.
F. 
The maximum height of the structure shall be 45 feet.
G. 
Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.
H. 
Nursing homes shall not be considered dwellings and shall not be governed by the dwelling unit density requirements of the district in which they are located.
I. 
For a hospital, all property lines that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "A," as described in § 1002.1 of this chapter.
J. 
For a nursing home, all property lines that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.
K. 
All outdoor lighting shall be shielded away from streets and residential property.
L. 
Disposal of medical waste shall be in accordance with all applicable permits and handling requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
903.20. 
Housing Requiring Accommodations, subject to:
A. 
Persons having a claim for a reasonable accommodation under the Fair Housing Act or Americans with Disabilities Act shall submit a written request including, at a minimum, the following information:
(1) 
The name and address of the applicant; the name and address of the property for which the accommodation is sought;
(2) 
Specific citation of the provision of this chapter from which the reasonable accommodation is requested;
(3) 
The specific description of the reasonable accommodation sought and the particulars, including exact dimensions of any proposed structural location or distance or other locational accommodation;
(4) 
The age, handicap, physical or mental condition of the applicant for which the reasonable accommodation is sought;
(5) 
A description of the hardship, if any, that the applicant will incur absent granting of the reasonable accommodation requested;
(6) 
A description of the alternative methods of relieving the claimed hardship that have been considered and the reason, if any, why the applicant has rejected such alternatives;
(7) 
A statement describing why the requested accommodation is necessary to afford the applicant an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the property in question;
(8) 
A description of the manner in which the accommodation, if granted, will be terminated or removed if no longer required to afford equal housing opportunity to handicapped or disabled persons; and
(9) 
A statement of any facts indicating whether or not nonhandicapped or nondisabled persons would be permitted to utilize the property in question in a manner similar to that sought by the applicant.
B. 
In evaluating the request for reasonable accommodation, Borough Council, with the advice of the Borough Solicitor, shall consider the following:
(1) 
Whether the applicant is handicapped or disabled within the meaning of the Federal Fair Housing Act Amendments or the Americans with Disabilities Act;
(2) 
The degree to which the accommodation sought is related to the handicap or disability of the applicant;
(3) 
The extent to which the requested accommodation is necessary to afford the applicant an opportunity equal to a nonhandicapped or nondisabled person to use and enjoy the property in question;
(4) 
The extent to which the proposed accommodation may impact other property owners in the immediate vicinity;
(5) 
The extent to which the requested accommodation may be consistent with or contrary to the purposes of this chapter, the Borough's Comprehensive Plan and the community development objectives of this chapter;
(6) 
The extent to which the requested accommodation would impose financial and administrative burdens on the Borough;
(7) 
The extent to which the requested accommodation would result in a subsidy, privilege or benefit not available to nonhandicapped or nondisabled persons;
(8) 
The permanency of the requested accommodation and the conditions under which such accommodation will be removed, terminated or discontinued when no longer needed to provide handicapped or disabled persons with equal opportunity to use and enjoy the property in question; and
(9) 
The extent to which the requested accommodation will increase the value of the property during and after its occupancy by the applicant.
903.21. 
Junk Yard; Salvage Yard, subject to:
A. 
The minimum site required shall be 10 acres.
B. 
The premises shall be maintained so as not to constitute a nuisance or menace to public health and safety.
C. 
No garbage, hazardous materials or hazardous waste, as defined by federal statute, or other organic waste shall be stored on the premises.
D. 
The handling and disposal of motor oil, battery acid and other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 1501 of this chapter.
E. 
The manner of storage shall facilitate access for firefighting, shall prevent hazards from fire or explosion and shall prevent the accumulation of stagnant water.
F. 
The junk yard operation shall comply with the performance standards of § 1001 of this chapter.
G. 
No junk shall be stored or accumulated and no structure shall be constructed within 100 feet of any dwelling or within 40 feet of any property line or public street.
H. 
The premises shall be enclosed by a stockade fence with self-latching gate not less than six feet in height.
I. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District or any property that contains an existing single-family or two-family dwelling. The required fence shall be located inside the buffer area.
J. 
The operator shall obtain a license from the Borough prior to initiating operations, which shall be renewable annually upon payment of the required license fee established from time to time by resolution of Borough Council and subject to inspection by the Zoning Officer to determine continuing compliance with these standards.
903.22. 
Kennel, subject to:
A. 
Such uses shall be located at least 100 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 two acres.
C. 
Outdoor animals 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 one-hundred-percent 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 or Pennsylvania, and compliance with all applicable rules and regulations of the Commonwealth or Pennsylvania and the Allegheny 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 insure compliance with the conditions of approval. The Zoning Officer shall notify the operator 48 hours before such inspection shall take place.
903.23. 
Light Manufacturing, subject to:
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 the 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.
G. 
The use shall not occur on a building first floor (street level) located between Bower Hill Road and James Street.
903.24. 
Medical Clinic, subject to:
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.
903.25. 
Mini Warehouses or Self-Storage Facilities, subject to:
A. 
All storage shall be within a completely enclosed building, as defined herein.
B. 
The minimum distance between separate freestanding storage buildings shall be 20 feet.
C. 
No door openings accessing storage units shall face property in an adjacent R-1 or R-2 District.
D. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
E. 
The perimeter of the site shall be fenced with a minimum eight-foot-high fence with self-latching gate. If a buffer area is required by Subsection D above, the fence shall be located so that the required buffer area plantings are between the property line and the fence.
F. 
The use of a mini warehouse or self-storage facility shall be limited to dead storage of goods not in active use. The storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals is prohibited, including propane or gasoline engine or storage tanks or any boat or vehicle incorporating such components.
G. 
Examples of activities prohibited in a mini warehouse or self-storage facility include, but are not limited to, the following:
(1) 
Any residential use, whatsoever.
(2) 
Auctions; commercial, wholesale or retail sales; or miscellaneous or garage sales.
(3) 
The servicing, repair or fabrication of engines, motor vehicles, boats, trailers, lawn mowers, appliances, furniture or other similar equipment.
(4) 
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.
(5) 
The establishment of a transfer and storage business.
(6) 
Any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations.
903.26. 
Multifamily Dwellings, subject to:
A. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property containing an existing single-family or two-family dwelling.
B. 
Each apartment building shall provide a central room for garbage collection or incineration.
C. 
Ingress, egress and internal traffic circulation shall be designed to ensure safety and access by emergency vehicles and to minimize impact on local streets. All sides of residential buildings shall be accessible to fire trucks.
D. 
All portions of the property not covered by buildings, driveways, parking, pools, shelters, gazebos or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.
E. 
The design and orientation of the buildings on the property shall take into account compatibility with the visual impact on adjoining single-family residential properties, if any exist. The building and the property shall be effectively landscaped to minimize such impacts on adjoining residential properties.
F. 
On lots containing more than 50 dwelling units, indoor or outdoor recreational facilities appropriate to the needs of the prospective residents shall be provided subject to approval by Borough Council.
903.27. 
Nursing Home, subject to:
A. 
The use and operation of the use shall be accredited by the commonwealth.
B. 
The use shall be the sole occupant of the lot.
C. 
Access drives shall be located to take maximum advantage of sight distances for motorists and shall be as remote as possible from street intersections.
D. 
Parking areas shall be screened from view of neighborhood houses or those directly across the street from the lot.
E. 
Buildings shall be set back from one another, and residential occupancy shall be in conformance with this chapter.
903.28. 
Off-Site Parking, subject to:
A. 
The applicant shall demonstrate that all, or part, of the parking required for a proposed use or the expansion of an existing use cannot be met on the site of the use it is intended to serve.
B. 
Off-site parking shall be located within 1,000 feet of the use it is intended to serve.
C. 
If metered on-street parking spaces are located within 1,000 feet of the existing or proposed use, these on-street spaces may be used to satisfy 20% of the total number of off-site parking spaces required.
D. 
Evidence shall be provided that the owner of the site where the use is located has ownership and control of the site proposed for off-site parking or has executed a long-term lease or other acceptable legal agreement to guarantee the maintenance and continued use of the off-site parking. Any covenant executed to guarantee the maintenance of off-site parking shall be recorded in the office of the Allegheny County Recorder of Deeds.
E. 
In the event that off-site parking is proposed in a Bridgeville Parking Authority parking lot, an agreement with the Authority shall be presented that indicates the number of spaces, the terms of the lease and a guarantee of annual renewal. Failure to maintain the agreement or provide alternate off-site spaces shall be a violation of this chapter and shall be subject to the enforcement provisions of § 1501.
F. 
If there is any on-site parking available for the use it shall be reserved for customers and visitors. Employee parking shall be located in the off-site parking area and shall not be permitted on site.
G. 
The applicant shall demonstrate that safe pedestrian access exists between the off-site parking area and the use it is intended to serve.
H. 
In the event that the site on which the use is located is sold, the site utilized for off-site parking shall be conveyed to the new owner, and/or any lease or other legal agreement for the off-site parking shall be assigned to the new owner.
I. 
Off-site parking shall be located at least 20 feet from the interior edge of the sidewalk along Washington Avenue and may be located behind an existing building that fronts on Washington Avenue.
J. 
If off-site parking is located on vacant property that fronts on Washington Avenue, access to the parking shall be from an alley or street, other than Washington Avenue, and a continuous wall or landscaped buffer at least six feet in height shall be provided along the frontage of the lot at the same setback as the existing buildings on either side of the lot containing the parking area.
K. 
All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B" as described in § 1002.1 of this chapter.
903.29. 
Pet Crematorium, subject to:
A. 
Operations shall comply with the performance standards of § 1001.
B. 
The use shall comply with all applicable regulations of the Commonwealth of Pennsylvania.
C. 
The use shall conform to the air quality regulations of the Allegheny County Health Department.
903.30. 
Personal Care Boarding Home, subject to:
A. 
The minimum area and bulk regulations for a group care facility or personal care boarding home shall be the same as those required for all uses in the Zoning District in which the facility is located.
B. 
A group care facility or personal care boarding home shall have direct vehicular access to an arterial or collector road as defined by this chapter.
C. 
No group care facility or personal care boarding home shall be established within 1,000 feet of another group care facility or personal care boarding home.
D. 
A twelve-foot-wide fire/emergency access route shall be provided around the perimeter of each building. Topography or other characteristics of the site or the development that might affect the use of emergency equipment between buildings may dictate a greater separation of structures.
E. 
Twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.
F. 
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs. All open space areas shall be secured by a fence with a self-latching gate.
G. 
Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of an annual report with evidence of continuing certification shall be submitted to the Borough Zoning Officer in January of each year.
903.31. 
Planned Business Development, subject to:
A. 
The minimum site area required shall be five acres.
B. 
Only the uses permitted by right or authorized as conditional uses or uses by special exception in the zoning district in which the planned business development is located shall be permitted in the planned business development.
C. 
The procedure for approval of a planned business development shall comply with the requirements of Part 7 of the Pennsylvania Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. § 10701 et seq.
D. 
In approving a planned business development, Borough Council may authorize modification to any of the requirements of this chapter, except the authorized uses in the district, if, in its judgment, the modification would make for a more attractive, efficient and harmonious development and would constitute a more beneficial use of the site.
E. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
F. 
If modifications to the side or rear yard requirements are granted along property lines adjoining property in an R-1 or R-2 Zoning District, Borough Council shall require an appropriate increase in the required depth of the buffer area.
G. 
Off-street parking and loading shall be provided in accordance with the requirements of Part 11 of this chapter.
H. 
The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and preserve a common design theme.
903.32. 
Private Recreation, subject to:
A. 
A minimum lot area of five acres shall be required.
B. 
Where eating and/or drinking facilities are provided, parking requirements for restaurants shall apply in addition to the parking requirements for the recreational use.
C. 
Facilities which include a swimming pool shall provide a complete enclosure of the pool and bathing area by a wall or fence with self-latching gate to prevent uncontrolled access. The area immediately outside the enclosure shall be suitably landscaped with grass, hardy shrubs and trees and shall be maintained in good condition.
D. 
Operations shall be discontinued between the hours of 2:00 a.m. and 6:00 a.m.
E. 
Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided where off-street parking areas or intensively used facilities, such as ballfields, tennis courts, shelters and the like, are proposed adjacent to any property line that adjoins property in an R-1 or R-2 District. Open space and passive recreation areas, as well as undeveloped portions of the property held for future development, shall not be required to be buffered from property that adjoins an R-1 or R-2 District.
F. 
The operation of the facility shall comply with the performance standards of § 1001 of this chapter.
G. 
All lighting shall be shielded and reflected away from adjoining streets and properties.
903.33. 
Public Buildings, subject to:
A. 
Ingress and egress to and from the site shall be designed to maximize sight distance along the adjacent public streets and enhance safety for vehicles entering and exiting the property.
B. 
Municipal maintenance facilities and public safety buildings shall be located so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
C. 
All buildings intended for public occupancy shall be designed to provide convenient access for emergency vehicles, as well as access to all sides of the building for firefighting equipment.
D. 
All outside storage, including trash dumpsters, shall be completely enclosed by a six-foot-high dense evergreen hedge or solid fence.
E. 
Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
903.34. 
Public and Semipublic Swimming Pools, subject to:
A. 
Public and semipublic swimming pools shall include any noncommercial swimming pool operated by a public or semipublic agency, including community clubs and homeowners' associations.
B. 
Public pools shall be open to the general public, and semipublic pools shall be limited to use by members and their invited guests.
C. 
All public and semipublic pools shall have permanent vehicular access to a public street.
D. 
The construction of all such pools shall comply with all applicable state requirements.
E. 
The pool and bathing area shall be completely enclosed by a wall or fence at least six feet in height subject to § 1003.3C of this chapter to prevent uncontrolled access. The area immediately outside the enclosure shall be suitably landscaped with grass, hardy shrubs and trees and shall be maintained in good condition.
903.35. 
Public Utility Building or Structure, subject to:
A. 
Maintenance vehicles and materials shall be stored within a completely enclosed building, as defined herein.
B. 
Uses involving distribution equipment which is not enclosed by a building shall be secured by a fence at least six feet in height with a self-latching gate and shall be screened from public view by a hedge or opaque fence. Fences shall be subject to the requirements of § 1003.3C of this chapter.
C. 
Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
D. 
All lights shall be shielded and reflected away from adjoining property.
903.36. 
Research and Development, subject to:
A. 
The use shall comply with all other applicable area and bulk regulations of the district in which it is to be located.
B. 
The facility shall not involve the manufacturing of any products being tested or engineered.
C. 
Off-street parking and loading shall be provided in accordance with the requirements of Part 11 of this chapter.
D. 
All research and development activities shall be conducted entirely within a completely enclosed building, as defined herein.
E. 
Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
F. 
All uses shall comply with the performance standards specified in § 1001 of this chapter.
G. 
Research and development activities shall not involve the use or generation of hazardous or potentially hazardous materials.
903.37. 
Shared Parking, subject to:
A. 
Shared parking located on the same site with the uses it serves may be authorized for two or more uses in accordance with this § 903.37.
B. 
If shared parking for two or more uses is proposed to be located off site, the requirements of § 903.28 shall be met in addition to the requirements of this § 903.37.
C. 
Subsequent changes in use that affect the parking required for one or more of the uses approved for shared parking shall require an application for a new certificate of occupancy, including proof that sufficient parking will still be available. If the new use creates a demand for more parking than is provided under the shared parking scheme, the certificate of occupancy shall not be issued until additional parking is provided or an application for shared parking utilizing the parking demand for the new use is approved. This provision shall be made a condition of the certificate of occupancy that is issued following approval of the conditional use.
D. 
The applicant shall prepare a parking demand study based on the requirements of this § 903.37.
E. 
The required parking for uses that propose shared parking shall be computed as follows:
(1) 
Determine the minimum amount of parking required for each land use as though it were a separate use.
(2) 
Using the table below, determine the number of spaces needed by each use for each of the four time periods by multiplying the parking required for each use by the corresponding percentage of use for that time period.
(3) 
Calculate the total number of spaces needed for all uses for each time period.
(4) 
The time period with the highest number of parking spaces required for the sum of all uses shall be the total number of shared parking spaces required.
F. 
To apply for approval of shared parking, a table shall be submitted showing the breakdown of the gross floor area devoted to each of the five land use categories shown in the table below.
G. 
Uses that do not fit into any of the categories shown in the table below shall not be eligible to use this shared parking provision.
H. 
The total amount of required parking shall be tabulated by use and time period.
I. 
The time period requiring the highest number of parking spaces shall be selected as the basis for the shared parking requirement.
J. 
All off-street parking areas that adjoin property in an R-1 or R-2 District shall be screened by Buffer Area "B," as described in § 1002.1 of this chapter.
Table: Calculating Shared Parking Requirements
Use
Weekday
Weekend
Daytime
Evening
Daytime
Evening
Office/ industrial
100%
10%
10%
5%
Retail
60%
90%
100%
70%
Hotel
75%
100%
75%
100%
Restaurant
75%
100%
100%
100%
Entertainment/ recreational
40%
100%
80%
100%
903.38. 
Temporary Use or Structure Other Than a Construction Trailer, subject to:
A. 
A transient merchant license, if required by Borough ordinance, shall be obtained.
B. 
The proposed temporary use or structure shall be limited to those uses or structures otherwise authorized in the Zoning District.
C. 
In the M District, preparation and/or serving of food in an outdoor setting shall be permitted only if all of the following requirements are met:
(1) 
The preparation and serving of food that is part of a special event sponsored by a nonprofit organization that does not exceed 30 days in duration or a special event sponsored by any other business or organization that does not exceed 72 consecutive hours in duration shall be exempt from the requirement to obtain approval of a use by special exception under this section; however, a certificate of occupancy shall be obtained from the Borough Zoning Officer subject to the applicant demonstrating compliance with the standards and criteria of this § 903.38.
(2) 
Evidence of an approved permit from the Allegheny County Health Department or its successor agency.
(3) 
Evidence of necessary approvals from the Pennsylvania Liquor Control Board (PA LCB), if the establishment is licensed.
(4) 
The preparation and serving of food shall be permitted on the site of an existing business and may be permitted on a vacant lot, provided that the following requirements are met:
(a) 
Written permission is presented from the landowner;
(b) 
Adequate sanitary facilities are provided for the public;
(c) 
Adequate access for pedestrians and vehicles is provided; and
(d) 
Adequate parking is available either on the site, on the adjacent street or in a public parking lot located within 500 feet of the site.
(5) 
The area used for preparing and serving the food shall not obstruct any sidewalk or public right-of-way, nor shall it obstruct the free flow of pedestrian or vehicular traffic on the site or adjoining the site. On any sidewalk, there shall be maintained a minimum of five feet unobstructed width for the passage of pedestrians, and in the case where there is parallel parking permitted along such sidewalk, a minimum of four feet adjacent to the curb to permit the discharging of passengers shall be provided. These required unobstructed areas on the sidewalk may be combined into one area at least five feet wide along the curb.
(6) 
No noise or odor shall emanate from such outdoor area where food is prepared and/or served that adversely affects any adjoining property in an R-1 or R-2 District within 300 feet of the outdoor area.
(7) 
The area used for preparing and serving food shall not utilize designated parking spaces on the site, nor shall it encroach on any required buffer areas.
(8) 
The activity shall comply with all applicable Borough codes and ordinances.
(9) 
The site intended to be used for the preparation and/or serving of food shall provide temporary or permanent restroom facilities available to the public, unless the existing business on the site has restroom facilities that will be available to the public visiting the temporary use.
(10) 
Tables and chairs shall be adequately secured or stored inside when not in use to eliminate the possibility of wind or theft hazards.
(11) 
Seating areas on a sidewalk shall not be enclosed or demarcated by any railing, fence, bollards, planters or similar structures, either temporarily or permanently, that would further obstruct the sidewalk.
(12) 
The owner of the existing business or the operator of the temporary use involving the preparation and/or serving of food in an outdoor setting shall provide the Borough with a certificate of insurance, in an amount at least equal to $2,000,000 per occurrence and $3,000,000 aggregate, indemnifying the Borough against any liability resulting from such use.
D. 
Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If the Zoning Hearing Board determines that the need for the proposed use will occur on an annual basis, the Board may authorize the Zoning Officer to issue the temporary use permit on an annual basis subject to continued compliance with these criteria and any conditions attached to approval of the use by special exception.
E. 
All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved. Temporary uses or structures that are authorized only for the duration of a particular event shall be removed within 48 hours after the completion of the event.
F. 
All temporary uses or structures that are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 1102.4 for the proposed use.
G. 
Vehicular access for all temporary uses or structures that are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.
H. 
All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations for principal structures in the zoning district in which they are located.
I. 
All temporary uses or structures that are proposed to be used as accessory uses or structures shall comply with all area and bulk regulations for accessory structures in the zoning district in which they are located.
J. 
Temporary uses or structures that are authorized as principal uses or structures and that are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot.
903.39. 
Truck and Heavy Equipment Rental, Sales and Service, subject to:
A. 
The minimum site required shall be two acres.
B. 
No vehicle or equipment shall be parked on adjacent property or in any public street right-of-way.
C. 
No vehicle shall be displayed or offered for sale that does not have all of the mechanical and body components necessary for its safe and lawful operation.
D. 
A permanent structure for office administration, sales, rental and/or servicing shall be provided.
E. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
903.40. 
Vehicle Rental, Sales and Service, subject to:
A. 
The minimum lot area required for vehicle rental, sales and service shall be one acre.
B. 
The property shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
C. 
The area used for display of merchandise offered for sale and the area used for parking of customer and employee vehicles shall be continuously paved and maintained in either concrete over a base of crushed stone compacted to not less than six inches in depth or other surfacing of equivalent or superior character as approved by the Borough Engineer.
D. 
The handling and disposal of motor oil, battery acid and any other substances regulated by federal statute and the Pennsylvania Department of Environmental Protection (PA DEP) shall be in accordance with all permits and requirements of that agency or its successor agency. Any suspension, revocation or violation of the PA DEP permits shall be a violation of this chapter and shall be subject to the enforcement provisions of § 1501 of this chapter.
E. 
All lots used for the outdoor display of vehicles shall have a completely enclosed building, as defined herein, on the same lot, which lot has not less than 1,400 square feet of gross floor area, where all repair, servicing, sales and customer car washing shall be performed.
F. 
No vehicle or other merchandise displayed outdoors shall be less than five feet from any property line. No vehicle shall be parked on adjacent property or in any public street right-of-way.
G. 
All lights and light poles shall be located and erected in such a fashion that the closest edge of such structure or equipment shall not be less than 10 feet from the nearest edge of the street right-of-way line, and all lights and illumination shall be directed into the sales area and away from adjoining streets and adjacent lots. The maximum illumination in the display and sales area shall be two footcandles. The maximum spillover lighting at the property line adjoining any property in an R-1 or R-2 District shall be 0.2 footcandle.
H. 
The only exterior displays shall be the signs authorized by Part 12 of this chapter.
I. 
All required off-street parking spaces shall be reserved exclusively for the parking of customer and employee vehicles and shall not be used for the display of merchandise.
J. 
Customer vehicles with external damage awaiting repairs shall be located either in a completely enclosed building, as defined herein, or in an outdoor storage area that is screened in such a fashion so that the vehicles will not be visible from the public street or adjacent residential property.
K. 
Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
903.41. 
Vehicle Repair Garage, subject to:
A. 
The minimum site required shall be 12,000 square feet. The minimum lot width shall be 120 feet.
B. 
Such use shall be located no closer than 100 feet of any property located in an R-1 or R-2 District.
C. 
There shall be no storage of dismantled vehicles outside of a building.
D. 
All repair work shall be performed within a completely enclosed building, as defined herein, that has adequate ventilation and fire protection.
E. 
All towed vehicles shall be stored on the premises, and no vehicle shall be stored or dismantled on any public street.
F. 
The premises shall be kept clean and shall be maintained so as not to constitute a nuisance or menace to public health and safety.
G. 
Storage, handling and disposal of hazardous materials, as defined by federal or state statute, shall comply with the current requirements of the Pennsylvania Department of Environmental Protection (PA DEP) and the U.S. Environmental Protection Agency (EPA).
H. 
Storage of parts, dismantled vehicles and vehicles or equipment awaiting repair shall be kept in an enclosed building or in an outdoor area that is screened by a six-foot-high hedge or opaque fence.
I. 
Buffer Area "A," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
903.42. 
Warehouses; Wholesale Distributors, subject to:
A. 
Ingress, egress and internal traffic circulation shall be designed to ensure safety and to minimize congestion and the impact on local streets.
B. 
Off-street parking and loading shall be provided in accordance with Part 11 of this chapter.
C. 
All materials and equipment shall be stored within a completely enclosed building, as defined herein, or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot-high dense, compact evergreen hedge or opaque fence.
D. 
No shipping or receiving shall be permitted within 300 feet of the property in an R-1 or R-2 District between the hours of 7:00 p.m. and 7:00 a.m.
E. 
The operations shall comply with the performance standards specified in § 1001 of this chapter.
F. 
Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.
903.43. 
Wholesale Business, subject to:
A. 
All materials and equipment shall be stored within a completely enclosed building, as defined herein, or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot-high hedge or opaque fence.
B. 
No shipping or receiving shall be permitted within 300 feet of property in an R-1 or R-2 District between the hours of 7:00 p.m. and 7:00 a.m.
C. 
Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion and the impact on local streets.
D. 
Off-street parking and loading shall be provided in accordance with the requirements of Part 11 of this chapter.
E. 
Buffer Area "B," as described in § 1002.1 of this chapter, shall be provided along all property lines that adjoin property in an R-1 or R-2 District.