[Ord. 687, 10/6/1986, § 701]
The purpose of conditional use regulations is to permit certain
types of major or controversial developments in certain zones or districts
when the conditions described for each type of major or controversial
development have been fulfilled, as determined by the Council upon
recommendation by the Planning Commission.
[Ord. 687, 10/6/1986, § 702]
1.
Decisions of the Council shall be made pursuant to the standards
and criteria expressed in this section, to regulations for the respective
districts in which the uses are located, and to all other requirements
of this Chapter. The Council shall grant approval for a conditional
use only after it has reviewed the recommendation of the Planning
Commission and has found adequate evidence that the proposed use meets
the standards and criteria for such use.
2.
Site Plan. A plan for the proposed development of a site for a conditional
use shall be submitted with the application for such use. The plan
shall show the location of all buildings, open spaces, parking areas,
traffic access and circulation, landscaping and any other information
required for determining the conformance of the conditional use with
the regulations for that use.
3.
General Standards. Decisions for granting all conditional uses shall
be guided by the following general standards:
A.
The proposed use shall not jeopardize the objectives of the Comprehensive
Plan.
B.
Public services and facilities such as streets, sewers, water, police
and fire protection shall be adequate for the proposed use.
C.
Existing and future streets and access to the site shall be adequate
for emergency services, for avoiding undue congestion and for providing
for the safety and convenience of pedestrian and vehicular traffic.
D.
The relationship of the proposed use to other activities existing
or planned in the vicinity shall be harmonious in terms of the location,
size of the use, the size of the site relative to the proposed operation,
and the nature and intensity of the operation involved.
E.
The relationship of the proposed use to other activities existing
or planned in the vicinity shall be harmonious in terms of the character
and height of buildings, walls and fences so that property is not
impaired.
F.
The proposed use shall not be more objectionable in its operations
in terms of noise, fumes, vibration or flashing lights than would
be the operations of any permitted use in the district.
G.
Any other reasonable conditions and safeguards, in addition to those
expressed in this Chapter, may be imposed by the Council if it deems
it necessary for implementing the purposes of the Pennsylvania Municipalities
Planning Code (Act 247 as amended) and this Chapter.
[Ord. 687, 10/6/1986, § 703; as amended by Ord.
709, 9/12/1988, § 14; by Ord. 804, 1/12/1998; and by Ord.
841, 12/19/2001]
Uses permitted as conditional uses in this Chapter include the
following, for which additional regulations are prescribed:
A.
Sexually Oriented Uses (H-C District).
[Amended by Ord. No. 1011, 7/13/2020]
(1)
Purpose: The purpose of this conditional use is to provide for
establishments for sexually oriented uses, as so defined, in an appropriate
environment which prevents the deleterious blighting or downgrading
effects which a concentration of such uses or the inappropriate placement
of such uses may have upon surrounding neighborhoods.
(2)
Use Regulations: the principal permitted uses shall be sexually
oriented uses as defined.
(3)
Dimensional Regulations: the dimensional regulations shall be
the same as those applicable to the Highway Commercial (H-C) District.
(4)
Supplementary Regulations: (See Part 8, Supplementary Regulations).
(5)
Development Regulation: Sexually oriented uses as so defined
by this Chapter, shall be subject to the following development regulations:
(a)
Site Location: Sexually oriented uses shall be located only
in the Highway Commercial (H-C) Districts. The proposed location of
any such a use shall be not less than 500 linear feet as measured
to the nearest property line of another sexually oriented use, a residential
district, a church and/or related religious institution, a school
and/or a playground.
B.
Airports (I-P District).
(1)
Purpose. The purpose of this conditional use is to provide for
regulations and restrictions on the height of structures and objects
of natural growth and on the use of property in the vicinity of the
Bloomsburg Municipal Airport because:
(a)
The creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
airport.
(b)
It is necessary in the interest of the public health, public
safety and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented.
(c)
The prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
|
It is further declared that the prevention of the creation or
establishment of hazards to air navigation, the elimination, removal,
alteration or mitigation of hazards to air navigation or the marking
or lighting of obstructions are public purposes for which a political
subdivision may raise and expend public funds and acquire land or
interests in land.
|
(2)
Definitions Used in this Section. (See Part 3, Definitions.)
(a)
Airport.
(b)
Airport Elevation.
(c)
Approach Surface.
(d)
Approach, Transitional, Horizontal and Conical Overlay Zones.
(e)
Conical Surface.
(f)
Hazard to Air Navigation.
(g)
Height.
(h)
Horizontal Surface.
(i)
Nonprecision Instrument Runway.
(j)
Obstruction.
(k)
Primary Surface.
(l)
Runway.
(m)
Transitional Surfaces.
(n)
Tree.
(o)
Utility Runway.
(3)
Description of Airport Zones. In order to carry out the provisions
of this Section, there are hereby created and established certain
zones which include all of the land lying beneath the approach surfaces,
transitional surfaces, horizontal surfaces, conical surfaces as they
apply to the Bloomsburg Municipal Airport. Such zones are shown as
overlay zones to the existing zoning districts as shown on the Town
of Bloomsburg Zoning Map, which is attached to this Chapter and made
a part hereof. An area located in more than one of the following Airport
Zones is considered to be only in the airport zone with the more restrictive
height limitation; such height limitation shall serve as a supplement
to the underlying district regulations. The various airport zones
are hereby established and defined as follows:
(a)
Utility Runway Nonprecision Instrument Approach Zone. The inner
edge of this approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone expands outward uniformly
to a width of 2,000 feet at a horizontal distance 5,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
(b)
Transitional Zones. The transitional zones are the areas beneath
the transitional surfaces.
(c)
Horizontal Zone. The horizontal zone is established by swinging
arcs of 5,000 feet radii from the center of each end of the primary
surface of each runway and connecting the adjacent arcs by drawing
lines tangent to those arcs. The horizontal zone does not include
the approach and transitional zones.
(d)
Conical Zone. The conical zone is established as the area that
commences at the periphery of the horizontal zone and extends outward
therefrom a horizontal distance of 4,000 feet.
(4)
Airport Zone Height Limitations. Except as otherwise provided
in this Chapter, no structure shall be erected, altered or maintained
and no tree shall be allowed to grow in any Airport Zone to a height
in excess of the applicable height limit herein established for such
airport zone. Such applicable height limitations are hereby established
for each of the zones as follows:
(a)
Utility Runway Nonprecision Instrument Approach Zone. Slopes
20 feet outward for each foot upward beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(b)
Transitional Zones. Slope seven feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface, and extending to a height of 150
feet above the airport elevation which is 482.2 feet above mean sea
level (MSL). In addition to the foregoing, there are established height
limits sloping seven feet outward for each foot upward beginning at
the sides of and at the same elevation as the approach surface and
extending to where they intersect the conical surface.
(c)
Horizontal Zone. Established at 150 feet above the airport elevation
or at a height of 632.2 feet above mean sea level (MSL).
(d)
Conical Zone. Slopes 20 feet outward for each foot upward beginning
at the periphery of the horizontal zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation or 832.2 feet above mean sea level (MSL).
(e)
Excepted Height Limitations. Nothing in this Chapter shall be
construed as prohibiting the construction or maintenance of any structure
or growth of any tree to a height up to 65 feet above the surface
of the land.
(5)
Use Restrictions. Notwithstanding any other provisions of this
Chapter, no use may be made of land or water within any zone established
by this Chapter in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and the aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft intending to
use the airport.
(6)
Nonconforming Uses in Airport Zones.
(a)
Regulations Not Retroactive. The regulations prescribed shall
not be construed to require the removal, lowering or other change
or alteration of any structure or tree not conforming to the regulations
as of the effective date of this Chapter or otherwise interfere with
the continuance of nonconforming uses. Nothing contained herein shall
require any change in the construction, alteration or intended use
of any structure, the construction or alteration of which was begun
prior to the effective date of this Chapter and is diligently prosecuted.
(b)
Marking and Lighting: Notwithstanding the preceding provision
of this Section, the owner of any existing nonconforming structure
or tree is hereby required to permit the installation, operation and
maintenance thereon of such markers and lights as shall be deemed
necessary by the Zoning Hearing Board to indicate to operators of
aircraft in the vicinity of the airport the presence of such airport
obstruction. Such markers and lights shall be installed, operated
and maintained at the expense of the Town of Bloomsburg.
(7)
Permits.
(a)
Proposed Uses. Except as specifically provided in subsections
(a), (b) and (c) hereunder, no material change shall be made in the
use of land, no structure shall be erected or otherwise established
and no tree shall be planted in any airport zone hereby created unless
a permit therefor shall have been applied for and granted. Each application
for a permit shall indicate the purpose for which the permit is desired,
with sufficient particularity to permit it to be determined whether
the resulting use, structure, or tree would conform to the regulations
herein prescribed. If such determination is in the affirmative, the
permit shall be granted. No permit for a use inconsistent with the
provisions of this Chapter shall be granted unless a variance has
been approved in accordance with (d) below.
1)
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
2)
In areas lying within the limits of the approach zones, but
at a horizontal distance of not less than 4,200 feet from each end
of the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when
such tree or structure would extend above the height limit prescribed
for such approach zones.
3)
In the areas lying within the limits of the transitional zones
beyond the perimeter of the horizontal zone, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour or topographic features, would extend above the height
limit prescribed for such transitional zones.
|
Nothing contained in any of the foregoing exceptions shall be
construed as permitting or intending to permit any construction or
alteration of any structure or growth of any tree in excess of any
of the height limits established by this Chapter except as set forth
in (4)(e) above.
|
(b)
Existing Uses. No permit shall be granted that would allow the
establishment or creation of an obstruction or permit a nonconforming
use, structure or tree to become a greater hazard to air navigation
than it was on the effective date of this Chapter or any amendments
thereto or than it is when the application for a permit is made. Except
as indicated, all applications for such a permit shall be granted.
(c)
Nonconforming Uses Abandoned or Destroyed: Whenever the Borough
Council, after review and recommendation by the Planning Commission,
determines that a nonconforming tree or structure has been abandoned
or more than 80% torn down, physically deteriorated or decayed, no
permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from the zoning
regulations.
(d)
Variances. Any person desiring to erect or increase the height
of any structure, or permit the growth of any tree, or use property
not in accordance with the regulations prescribed in this Chapter,
may apply to the Zoning Hearing Board for a variance from such regulations.
The application for a variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. Such variances shall be allowed where it
is duly found that all the criteria for granting relief are met, in
accordance with § 27-1003(C) of this Chapter. Additionally,
no application for variance to the requirements of this Chapter may
be considered by the Board unless a copy of the application has been
furnished to the Bloomsburg Municipal Airport Director for advice
as to the aeronautical effects of the variance. If the Director does
not respond to the application within 15 days after receipt, the Board
may act on its own to grant or deny such application.
(e)
Obstruction Marking and Lighting. Any permit or variance granted
may, if such action is deemed advisable to effectuate the purposes
of this Chapter and be reasonable in the circumstances, be so conditioned
as to require the owner of the structure or tree in question to install,
operate and maintain, at the owner's expense, such markings and lights
as may be necessary. If deemed proper by the Zoning Hearing Board,
this condition may be modified to require the owner to permit the
Town of Bloomsburg, at its own expense, to install, operate and maintain
the necessary markings and lights.
C.
Schools and Colleges (Schools in R-S, R-U, H-D, C, BC and C-R Districts;
Colleges in C, BC and H-D Districts).
[Amended by Ord. 959, 11/10/2014]
(1)
Purpose. The purpose of this conditional use is to provide for
schools and colleges designed and located in an appropriate way so
that they have an enhancing rather than a deleterious effect upon
the area in which they are located.
(2)
Use Regulations. The principal permitted uses are elementary,
middle and high schools and colleges, whether public, private or parochial
and accessory uses customarily incidental to these principal uses.
(3)
Dimensional Regulations. The dimensional regulations specified,
generally, for the particular zoning district in which the schools
or colleges conditional use is located shall apply to this conditional
use.
(4)
Development Regulations.
(a)
Size of Tract. The size of the tract shall be at least the minimum
prescribed by the Pennsylvania Department of Education for each type
of school.
(b)
Access. Access to the tract shall be from an arterial or collector
street and access driveways shall be no more than 25 feet in width.
In the case of a corner lot, access driveways shall be located at
least 60 feet from the intersection of two streets as measured along
their right-of-way lines.
(c)
Off-Street Parking and Loading. The requirements for off-street
parking and loading, as described in Part 8, "Supplementary Regulations"
shall be met. In addition, off-street parking and loading areas shall
be provided as an integral part of the school site, be physically
separated from pedestrian areas and from public streets, be paved
with a bituminous or concrete material and be lighted so that no part
of such areas shall be in total darkness during nighttime use.
(d)
Buffer Area. A buffer area and screen planting, as found in
Part 8, "Supplementary Regulations," shall be provided on the same
lot as the school or college use and adjacent to any property used
for residential purposes.
D.
Shopping Centers (H-C District).
(1)
Purpose. The purpose of this conditional use is to provide for
new or expanded community shopping and office centers, designed as
single entities, with building space for lease or sale, to meet the
community needs for goods and services as well as those of a social,
cultural and civic nature and to exclude uses not compatible with
such activities.
(2)
Use Regulations. The principal permitted uses, accessory uses
and special exception uses shall be the same as those permitted in
the Highway-Commercial (H-C) District and subject to the same limitations.
(3)
Dimensional Regulations.
(a)
Minimum Tract Area. A community shopping center shall have an
area of at least three acres.
(b)
Minimum Tract Width. A community shopping center shall have
a minimum width of 300 feet.
(c)
Front Yard. The minimum front yard shall be 100 feet as measured
from the street right-of-way line.
(d)
Side Yards. The minimum side yard for the tract shall be 50
feet for each side.
(e)
Rear Yard. The minimum rear yard for the tract shall be 50 feet
as measured from the rear property line.
(f)
Tract Coverage. Not more than 25% of the area of the community
shopping center tract shall be covered by buildings.
(g)
Building Height. Height regulations for the Highway —
Commercial (H-C) District shall apply.
(4)
Supplementary Regulations. (See Part 8, Supplementary Regulations.)
(5)
Development Regulations. A community shopping center shall also
be subject to the following development regulations:
(a)
Comprehensive Plan. A proposed community shopping center shall
be consistent with the Town of Bloomsburg Comprehensive Plan.
(b)
Arrangement of Buildings. The community shopping center shall
be designed as a unit with a harmonious arrangement of building groups,
open space, pedestrian and vehicular circulation and parking areas
so as to make a safe, convenient, aesthetically pleasing and functionally
efficient shopping area.
(c)
Buffer Area. A community shopping center shall have a buffer
area along all boundary lines. Such buffer shall be located within
the shopping center tract, may include side and rear yard setbacks,
and shall be used for no other purpose than landscaping and access
roads. The buffer shall consist of trees, shrubbery, flowers, grass
and other foliage in an area having a depth of not less than 25 feet.
Such buffer shall be maintained in good condition, free of paper and
rubbish, and free from all advertising and other signs. In addition,
shopping center lighting shall be directed away from abutting properties.
(d)
Water and Sewerage Systems. All buildings within the shopping
center shall be served by public water and sewerage.
(e)
Ingress and Egress. Road access to public streets from a community
shopping center shall be located no less than 250 feet from any public
street intersection. Points of ingress and egress shall be designed
so that undue congestion to or interference with normal traffic flow
within the Town shall be avoided. Not more than two points of ingress
and egress shall be allowed on any abutting street.
(f)
Pedestrian and Vehicular Circulation. Adequate provision shall
be made for safe and efficient pedestrian and vehicular traffic circulation
within the boundaries of the shopping center.
(g)
Off-Street Parking and Loading: The requirements for off-street parking and loading, as described in Part 8, "Supplementary Regulations" shall be met. In addition, off-street parking and loading spaces shall be provided as an integral part of the shopping center site; be physically separated from public streets; be paved with a bituminous or concrete material; and be physically separated into sections by traffic islands or other approved means to provide for a safe, convenient and functionally efficient shopping area. Off-street parking and loading areas shall be lighted so that no part of such areas is in total darkness during nighttime use.
(h)
Drainage. Storm drainage from roofs and paved areas shall be
channeled to natural drainage courses and away from adjoining properties.
All areas not containing buildings or paved areas for necessary parking
and circulation shall be maintained in trees, shrubbery and grass
for absorption of water runoff and hence for flood protection.
(i)
Utilities. All utilities serving the community shopping center
shall be placed at least four feet underground.
(j)
Other Development Regulations. If the community shopping center involves the development of a group of two or more buildings, or otherwise complies with the definition of land development in this Chapter, it shall also be subject to the regulations of the Subdivision and Land Development Ordinance [Chapter 22] of the Town of Bloomsburg.
E.
University Research Facilities.
(1)
The purpose of this conditional use is to provide for research
facilities designed and located in an appropriate manner to enhance
the academic program of the university with low intensity, applied
research activity.
(2)
The university research facilities shall meet the following
regulations in addition to those of the underlying zoning district:
