All conditional uses shall be subject to the specific applicable
conditions and procedures outlined under this article, including the
following:
A. Submission and approval of a preliminary and final site plan, if
requested.
B. Compliance with any other conditions imposed by provisions of this
chapter regarding the specific or particular conditional use.
C. Any other applicable regulations, whether in this or any other Borough
ordinance, or any county, state or federal regulations.
D. Any other general or specific conditions imposed by the Council which
are deemed necessary for the promotion of the public health, safety
and/or welfare, particularly those relating to the specific site upon
which the use is proposed.
E. The Council may increase or decrease bulk and area regulations, performance
standards and parking requirements that might otherwise be applicable
for permitted uses.
The procedure for requesting approval of a conditional use is
as follows:
A. A written application and a preliminary site plan shall be filed
with the Zoning Officer. The application shall be of a form approved
by the Borough. The preliminary plan shall address itself to all applicable
conditions for the particular conditional use.
B. The site plan and application shall be reviewed by the Zoning Officer,
and a public hearing before the Planning Commission shall be set by
the Commission within 45 days of the filing of the preliminary plan
and application.
C. Notice of the Commission hearing shall be advertised in accordance
with the provisions of the MPC.
D. The Commission shall, at the hearing, examine the preliminary plan
and listen to relevant testimony from the owner of the property or
his agent, the Zoning Officer and any interested citizen. The Commission
shall have the right to pose necessary questions to any of the above
parties.
E. The Commission shall, within 14 days of its hearing, forward a written
recommendation to the Council along with the preliminary plan and
application. This recommendation shall either recommend the approval
of the conditional use request, disapproval or approval conditioned
upon specified changes or conditions.
F. The Council shall hold a public hearing on the conditional use request
in accordance with the provisions of the MPC. The hearing shall be
conducted by Council or Council may appoint any member or an independent
attorney as a hearing officer. The decision or, where no decision
is called for, the findings shall be made by Council. However, the
appellant or the applicant, as the case may be, in addition to the
Borough, may, prior to the decision of the hearing, waive decision
or findings by Council and accept the decision or findings of the
hearing officer as final. In granting a conditional use, Council may
attach such reasonable conditions and safeguards, in addition to those
expressed in this chapter, as it may deem necessary to implement the
purposes of this chapter and the Pennsylvania Municipalities Planning
Code, as amended.
G. The Council shall, at the hearing, examine the preliminary plan and
the recommendation by the Commission. The Council shall also hear
relevant testimony from the owner of the property or his agent, or
the Zoning Officer, if desired, and any interested citizens, and shall
have the right to pose necessary questions to any of the above parties.
The Council may request the submission of a final plan, if deemed
necessary.
H. Council shall render a written decision or, when no decision is called
for, make written findings on the conditional use application within
45 days after the last hearing before Council. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact or conclusions based thereon, together with any reasons therefor.
Conclusions based on any provisions of the chapter, the Pennsylvania
Municipalities Planning Code, as amended, rule or regulation shall
contain a reference to the provision relied on and the reasons why
the conclusion is deemed appropriate in the light of the facts found.
Council shall have the right to adopt, modify or reject the specific
changes or conditions recommended by the Commission.
I. A conditional use shall not be approved unless Council determines:
(1) That the proposed conditional use will not substantially injure or
detract from the use of neighboring property, or from the character
of the neighborhood.
(2) That approval of the proposed conditional use will serve the best
interests of the Borough, the convenience of the community, and the
public health, safety and welfare.
(3) That the approval of the proposed conditional use is consistent with
the logical, efficient, and economic extension of public services
and facilities, such as public water, sewers, police and fire protection,
and public schools.
J. A majority vote of the Borough Council is required for approval.
K. Where Council fails to render the decision within the period required by the subsection or fails to commence, conduct or complete the required hearing as provided in §
440-86C(1) of this chapter [§ 908(1.2) of the Municipalities Planning Code], 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 Council
to meet or render a decision as hereinabove provided, Council shall
give public notice of the decision within 10 days from the last day
it could have met to render a decision in the same manner as required
by the public notice requirements of this chapter and the Pennsylvania
Municipalities Planning Code, as amended. If Council shall fail to
provide such notice, the applicant may do so. The property owner or
his agent, the Commission, and the Zoning Officer shall receive written
notification of Council's decision. Any other interested party
may, at the hearing, also request receipt of the written notification.
In any case, the written notification shall be sent promptly following
Council's decision.
L. Appeals from the decision of the Council are governed by the applicable
provisions of the Pennsylvania Municipalities Planning Code.
[Amended 3-19-1997 by Ord. No. 1409]
In order for a particular conditional use to be eligible for
approval by Council under this article, the following specific conditions
shall be met:
A. Residential zoning districts.
(1) Quasi-public uses (R-1, R-2, R-3 and R-4).
(a)
Minimum lot size: two acres.
(b)
Minimum frontage (lot width): 300 feet.
(c)
Minimum lot depth: 250 feet.
(d)
Maximum lot coverage. The total area of the lot covered by buildings,
parking lots and vehicular accessways shall not exceed 50% of the
total lot area.
(e)
Landscaping and green areas. At least 40% of the total lot area
shall be designated as a green area, landscaped and otherwise maintained
throughout the term of the use as open space.
(2) Public library (R-3 and R-4).
(a)
Minimum lot size: one acre.
(b)
Minimum frontage (lot width): 200 feet.
(c)
Minimum lot depth: 210 feet.
(d)
Maximum lot coverage. The total area of the lot covered by buildings,
parking lots and vehicular accessways shall not exceed 60% of the
total lot area.
(e)
Landscaping and green areas. At least 30% of the total lot area
shall be designated as a green area, landscaped and otherwise maintained
throughout the term of the use as open space.
(3) Cemetery (R-4).
(a)
Minimum lot size: 10 acres.
(b)
Minimum frontage (lot width): 400 feet.
(c)
Minimum lot depth: 400 feet.
(d)
Shall have frontage upon and direct vehicular access to one
or more arterial streets.
(e)
Minimum front, side and rear yard setbacks (buffer areas): 15
feet.
(f)
No mausoleum shall be constructed which:
[1]
Exceeds 35 feet in height.
[2]
Is located closer than 50 feet to any street right-of-way line.
[3]
Is located closer than 100 feet to any other property line which
is not also a street right-of-way line.
(4) Telecommunications signal receiving, transmission or relay tower
(all residential districts).
(a)
Minimum lot size. The same as that required of other principal
uses in the same district or subdistrict.
(b)
Maximum tower height above the finished grade, including any
and all projecting antennas supported by the tower, shall not exceed
the documented, reviewed and approved minimum height required in order
to provide proposed service.
(c)
The minimum setback distance from all property lines shall be
a distance which is equal to or greater than the total height of the
tower, including any and all projecting antennas supported by the
tower.
(d)
Any such use may be approved and permitted as either a principal
or accessory use.
(e)
The person proposing the use shall supply the Borough with written
documentation that the tower meets all applicable Federal Communications
Commission (FCC) and Federal Aviation Administration (FAA) requirements
and regulations.
(f)
The lighting of any such tower where not required by the FCC
or the FAA shall be prohibited.
(g)
Any such tower shall be painted either dark brown or dark green,
and the painted surface shall be inspected and maintained on a regular
basis.
(h)
In order to discourage the unnecessary, unsightly and potentially
dangerous proliferation of towers, whenever and wherever practical,
antennas should be co-located on already existing towers.
(i)
The applicant shall be required to notify the Borough if the
use of the tower is for any reason discontinued in the future. Any
such tower shall be removed and the property completely restored if
any such use is for any reason discontinued for a period of 90 days
or more.
(j)
The structural integrity of any such tower shall be assured
through the regular periodic inspection and comprehensive maintenance
of the tower by the applicant for approval of this use in accordance
with the applicable local, state and federal requirements.
(k)
No such tower may be situated closer than 1/2 mile from any
previously approved or existing tower which could also accommodate
the proposed use and meet the telecommunications needs of the applicant.
No consideration for a waiver of this requirement shall be given by
the Borough to an applicant based upon any alleged financial hardship
which may arise relating to negotiations between persons in an attempt
to secure the rights to co-locate antennas on a common tower.
(l)
Any person proposing to erect any such tower shall be required
to submit a location survey prepared by a registered surveyor which
shall minimally include the location of the tower, supporting guy
wires and wire tie-downs, all existing structures on the same lot,
and all lot lines and the distances from the tower to all existing
structures on the same lot.
(m)
The Borough reserves the right to impose such other requirements
as it may deem appropriate, provided that these requirements do not
conflict with the Telecommunications Act of 1996, as may be amended
in the future.
B. Business/commercial zoning districts.
(1) Hospital (B-1 and B-2).
(a)
Minimum lot size: five acres.
(b)
Minimum frontage (lot width): 300 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Maximum lot coverage. The total area of the lot covered by buildings,
parking lots and vehicular accessways shall not exceed 75% of the
total lot area.
(e)
Landscaping and green areas. At least 20% of the total lot area
shall be designated as a green area, landscaped and otherwise maintained
throughout the term of the use as open space.
(f)
Shall have frontage and direct vehicular access to one or more
arterial streets.
(g)
Shall be set back at least 100 feet from any adjacent residential
district or use.
(h)
Shall be set back at least 50 feet from any nonresidential district
or use.
(i)
The minimum building setback shall be 50 feet from all property
lines.
(2) Telecommunications signal receiving, transmission or relay tower. The same conditions listed for telecommunications signal receiving, transmission or relay tower under Subsection
A of this section shall apply, except that the color of the tower shall not be regulated.
C. Industrial and mixed-use zoning districts.
(1) Mobile home park (GS).
(a)
Minimum lot size: five acres.
(b)
Minimum frontage (lot width): 200 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Maximum lot coverage. The total area of the lot covered by buildings,
parking lots and vehicular accessways shall not exceed 60% of the
total lot area.
(e)
Landscaping and green areas. At least 30% of the total lot area
shall be designated as a green area and shall be landscaped and maintained
throughout the term of the use of the property as a mobile home park.
(f)
All vehicular accessways and streets shall be either approved
and dedicated public streets or approved, improved and maintained
private streets.
(g)
All property within the park shall be held under common ownership.
(h)
If the park is to be owned by an association of mobile home
owners, the CUP request shall be accompanied by copies of all proposed
covenants, deed restrictions and maintenance agreements for the park.
(i)
The CUP request shall be accompanied by a plot plan specifying
all proposed fire hydrant locations.
(j)
Minimum number of pads or mobile homes per park: 24 pads or
dwelling units.
(k)
Maximum density: 10 dwelling units per acre.
(l)
All proposed common structures or grounds shall be delineated
on a plot plan and submitted as a part of the CUP request.
(2) Auto wrecking or salvage (GS).
(a)
Minimum lot size: three acres.
(b)
Minimum frontage (lot width): 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
All vehicles or other salvage materials shall be stored enclosed
entirely within an approved solid fence which is at least six feet
in height.
(e)
Said fence shall be secured at all times when the use is not
in operation.
(f)
No vehicle or other salvage material may be temporarily or permanently
stored outside the approved enclosed area of the lot.
(g)
The vehicles or other salvage materials stored on the lot shall
not be visible from any public thoroughfare.
(h)
Any such use shall have frontage upon and may only be situated
upon an arterial street, as herein defined.
(i)
No such use may be situated upon any lot which directly abuts
a residential district or use.
(j)
No wrecking or salvage operation may take place except when
conducted between the hours of 8:00 a.m. and 8:00 p.m., Monday through
Saturday.
(3) Junk buildings, shops or yards (GS).
(a)
Buildings and shops only.
[1]
Minimum lot area: 5,000 square feet.
[2]
Minimum lot frontage (width): 50 feet.
[3]
Minimum lot depth: 100 feet.
[4]
All junk and other salvage materials shall be stored entirely
within an enclosed, secured, approved structure and may not be stored
within an open yard anywhere upon the lot.
[5]
No such use may be situated upon any lot which directly abuts
a residential district or use.
[6]
The hours of operation shall be limited to 8:00 a.m. through
8:00 p.m., Monday through Saturday only.
(b)
Junkyards, either alone or in conjunction with a junk building
or shop. The same conditions outlined herein for auto wrecking or
salvage shall apply.
(4) Kennel (GS).
(a)
Minimum lot area: one acre.
(b)
Minimum lot frontage (width): 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Any such use may not be situated upon any lot which directly
abuts any residential district or use.
(e)
All animals must be boarded inside an approved, enclosed and
sound-insulated structure.
(f)
All outdoor runways and exercise areas shall be cleaned on a
daily basis and kept free of excrement.
(g)
No animal may be kept overnight in an open yard.
(h)
All outdoor runways and exercise areas shall be completely enclosed
by a secured fence which is not less than six feet in height.
(i)
It shall only be situated upon an arterial street, as herein
defined.
(5) Drive-in theater (GS).
(a)
Minimum lot area: 10 acres.
(b)
Shall only be situated upon an arterial street, as herein defined.
(c)
Any such use shall be expressly prohibited from displaying sexually
explicit films which are either X-rated under the U.S. motion picture
industry's rating standards or which have been ruled as pornographic
in any court of law.
(d)
The screen shall be situated so as not to be visible from any
dedicated public street.
(e)
The sound system shall be such that the soundtrack cannot be
heard off site.
(6) Adult entertainment establishment (GS and RDD Districts).
[Amended 9-27-2006 by Ord. No. 1509]
(a)
Minimum lot size: 4,000 square feet.
(b)
Minimum frontage (lot width): 40 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Maximum lot coverage. The total area of the lot covered by buildings,
parking lots and vehicular accessways shall not exceed 80% of the
total lot area.
(e)
Any such proposed use shall be situated not less than:
[1]
Five hundred feet from any church.
[2]
One thousand feet from any public or private school.
[3]
Five hundred feet from any other such use or activity.
[4]
Two hundred feet from any public transit stop, with any such
distance being measured from the closest point on one lot to the closest
point on the other.
(f)
No such establishment shall be open and/or accessible to any
person under the age of 21, whether or not the establishment is licensed
to serve alcoholic beverages.
(g)
Any such establishment shall include a double-doored entrance.
The inner door shall be posted with a notice cautioning those that
choose to enter that there are potentially offensive sexually explicit
materials inside.
(h)
Hours of operation shall be restricted to the following:
[1]
Monday through Saturday, 9:00 a.m. through 12:00 midnight.
[2]
Sundays and all federal holidays, 12:00 noon through 12:00 midnight.
(i)
Nothing inside the establishment shall be visible from outside
the establishment.
(j)
Signage shall be limited to the name of the establishment and
the words "adult books," "adult films" or "adult books and films."
Signage shall otherwise conform with all other requirements of this
chapter.
(k)
Shall not be situated adjacent to any residential zone or residential
use, except where separated from said zone or use by a dedicated public
right-of-way.
(l)
Shall be situated only on an interior lot which has frontage
on an arterial street.
(7) Distribution facilities (HI and RDD Districts).
(a)
Minimum lot area: five acres.
(b)
Minimum lot frontage (width): 300 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Any use of this nature shall only be permitted where the applicant
is able to address, in writing, to Council's satisfaction, the
following issues as they relate to the specific use proposed:
[1]
Anticipated employment level.
[2]
Proposed rates of pay and total estimated payroll.
[3]
Tax-yielding improvements to real property.
[4]
The application, wherever practical, of related state-of-the-art
technologies.
(e)
An approved state-of-the-art self-contained and/or on-site fire-suppression
system is required.
(f)
If any such use has a loading dock or platform which would otherwise
be visible from any public street right-of-way north of SR 837 (Eighth
Avenue), it shall be screened from view by an approved, landscaped,
earthen mound which is at least six feet in height.
(g)
All loading docks and/or service areas shall be limited or confined
to the rear of any such building.
(h)
The majority of the accessory off-street parking spaces for
any such building shall be located in the building's required
front yard.
(i)
Storage in an open yard, as either a principal or an accessory
use, shall not be permitted.
(j)
The front building facade for any such building shall be designed
and constructed as if the building were to be used solely for office
space.
(k)
All off-street parking areas, off-street loading areas, areas
for the temporary storage of vehicles and/or trailers, or vehicle-maneuvering
areas shall be hard-surfaced and maintained with an approved impervious
concrete or asphalt surface.
(l)
Any such parking, loading, storage or maneuvering area shall
have an approved stormwater management plan which includes protection
against the potential negative environmental effects created by gasoline,
oil, deicing agent, antifreeze and/or other petroleum-based substances.
(8) Storage and warehousing facilities (HI and RDD Districts). The same
conditions as those listed for distribution facilities situated in
the HI and RDD Districts under this article shall apply.
(9) Wholesale facilities (HI). The same conditions as those listed for
distribution facilities in this district under this article shall
apply.
(10)
Recreational facilities (HI and RDD).
(a)
Any such facility shall be situated at least 150 feet away from
any adjacent industrial district or use.
(b)
Minimum lot area: five acres.
(c)
Minimum lot frontage (width): 200 feet.
(11)
Marinas or recreational boat docking and servicing facilities
(HI and RDD):
(a)
Minimum lot area: five acres.
(b)
Minimum lot frontage (width): 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum river frontage: 200 feet.
(e)
Minimum side yard setback from adjacent riverfront industrial
uses: 100 feet.
(f)
Ownership of the facility and/or its operation may be either
for-profit or nonprofit.
(g)
A minimum of one hard-surfaced parking space shall be provided
for every two boat slips.
(h)
Barges shall not be permitted unless they have been completely
converted for recreational use.
(12)
Residences, multifamily dwellings (RDD), (high density).
(a)
Limited to garden apartments and/or townhouses.
(b)
The maximum percentage of land usage within the RDD in Munhall
which may be used for this use, if any land is to be put to this use,
is 30% of the total area of the RDD on the river side of the mainline
railroad tracks paralleling Eighth Avenue or 25 acres, whichever is
the lesser total.
(c)
Minimum lot area: five acres.
(d)
Minimum lot frontage (width): 300 feet.
(e)
Minimum lot depth: 200 feet.
(f)
Minimum setbacks from adjoining industrial or business uses:
100 feet.
(g)
Landscaping and green areas. At least 30% of the total lot area
shall be designated as a "green area" and shall be landscaped and
maintained throughout the term of the property's use for residential
purposes.
(h)
Maximum density: 50 dwelling units per acre.
(i)
Maximum lot coverage: 50%.
(j)
Shall only be permitted as a part of an approved overall development
plan for the entire RDD.
(13)
Light industry (RDD). The same conditions as those listed for
distribution facilities in the RDD District under this article shall
apply.
(14)
Telecommunications signal receiving, transmission or relay tower (all industrial and mixed-use districts). The same conditions listed for this use under Subsection
A of this section shall apply, except that the color of the tower shall not be regulated.
(15)
ARC house or halfway house (RDD).
[Added 9-27-2006 by Ord. No. 1509]
(a)
All governmental or court-ordered regulations shall be met.
(b)
All required licenses shall be obtained.
(16)
Casino (RDD).
[Added 9-27-2006 by Ord. No. 1509]
(a)
The casino shall be licensed by the Commonwealth of Pennsylvania.
(b)
The casino shall comply with all governmental regulations of
the Commonwealth of Pennsylvania.
(17)
Methadone treatment facility (RDD).
[Added 9-27-2006 by Ord. No. 1509]
(a)
A methadone treatment facility shall be located no closer than
500 feet from an existing school, public playground, public park,
residential housing area, child-care facility, church, meeting house
or other actual place of regularly stated religious worship established
prior to the proposed methadone treatment facility.
(b)
A methadone treatment facility shall be licensed by the proper
agency of the Commonwealth of Pennsylvania.