(A) Code compliance. All uses shall comply with the minimum building code requirements, as specified by the borough and by the State Department of Labor and Industry. Prior to the issuance of a use and occupancy permit for the proposed use, the applicant shall provide evidence to the borough that all plans and permits have been approved by all federal, state and local agencies having jurisdiction.
(B) Expansion projects. All proposed facility expansion projects, external structural development projects, and/or land development projects must comply with the following criteria.
(1) Unless otherwise permitted as part of a conditional use application, all proposed expansion projects must comply with the maximum building and lot coverage requirements of the underlying zoning district.
(2) As part of the conditional use application, the Borough Council may consider an increase in the maximum building and lot coverage requirements, provided that the applicant demonstrates that:
(a) There will be no adverse effects to adjacent property owners;
(b) The stormwater management and erosion control facilities are sufficient to accommodate any increase in impervious surfaces; and
(c) Additional landscaping features are integrated into the overall design as required by Borough Council to mitigate any adverse impacts.
(C) Off-street parking and loading space requirements. Unless otherwise directed by the Borough Council in a decision on an application for conditional use approval, all individual uses considering adaptive reuse shall be subject to off-street parking and loading requirements specified under §§ 154.075 through 154.100. Under no circumstances, however, shall any conditional use application be approved under this section where the applicant for a commercial use has not demonstrated the availability of a sufficient number of off-street parking spaces for the maximum number of employees who will be on the premises at any one time, and where the applicant for a residential use has not demonstrated the availability of sufficient off-street parking to accommodate the number of dwelling units proposed. All off-street parking shall be provided in the side or rear yard of the structure, or parking on another property within safe walking distance shall be demonstrated.
(D) Modification of design and dimensional provisions. The design and dimensional provisions pertaining to landscaping, buffer yards, exterior lighting, internal access drives, off-street parking, off-street loading, and stormwater management, as further specified in §§ 154.075 through 154.100 and in the subdivision and land development ordinance (Chapter 153 of this code of ordinances), may be modified as part of a conditional use application submitted to Borough Council, except as set forth in division (A) above. As part of the conditional use application, the applicant must demonstrate the following: that there will be no adverse effects to adjacent property owners; that the standard design and dimensional provisions cannot be applied based on upon the existing site conditions; and that the proposal is consistent with the goals and objectives of the Weis Street Overly District. Borough Council, in its decision on a conditional use application, may attach reasonable conditions and safeguards.
(E) Division of internal building or structure. All projects considering adaptive reuse which involve the division of the internal building or structural space of an existing building shall be subject to all pertinent requirements for subdivision and land development, as set forth in the borough subdivision and land development ordinance (Chapter 153 of this code of ordinances). The perimeter of all divided areas or subcomponents of the principal building shall be described by bearings and distances. All such applications may be permitted as part of a conditional use application, which shall be subject to the review and approval of Borough Council. All such conditional use applications shall only be considered for approval if consistent with the goals and objectives of the Weis Street Overlay District.
(F) Existing principal building. The divided or subcomponents of an existing principal building may be either owned by fee simple deed or leased as a condominium. All deeds or lease agreements shall contain a description of the occupied area, by bearing and distances, the existing and proposed facility improvements, a maintenance agreement, a list of restrictive covenants, and all other relevant documentation required by the Borough Solicitor and/or Borough Engineer. Any deed or lease agreement shall be subject to the approval of the Borough Council, and shall be recorded with the office of the Recorder of Deeds of the county.
(G) Utilities. All individual uses shall be required to have separate sanitary sewer connections, water supply connections and all other utilities servicing the property. All utility connections shall be installed in accordance with all specifications adopted by the borough, the borough’s municipal authority and/or the public utility company providing service to the use.
(H) Hours of operation. Entities in the Weis Street Overlay District shall not open for business prior to 5:00 a.m., prevailing time, and shall not operate after 11:00 p.m., prevailing time. Borough Council may set additional or greater restrictions on hours of operation as a part of the decision on the conditional use.
(Ord. passed 7-13-2015) Penalty, see § 154.999