All special exceptions 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 particular special exception.
C.
Any other applicable regulations, whether in this or any other Munhall
ordinance or any county, state or federal regulations.
D.
Any other conditions imposed by the Zoning Hearing Board which are
deemed necessary for protection of the public health, safety and welfare.
E.
Only those specific special exceptions listed elsewhere in this chapter
as a special exception in a particular district may be permitted under
this article.
The procedure for requesting a special exception is as follows:
A.
A written application and a preliminary plan shall be filed with
the Zoning Officer. The application shall be a form approved by the
Borough. The preliminary plan shall address itself to all applicable
conditions for the particular special exception.
B.
The preliminary plan and application for each special exception shall
be reviewed by the Zoning Officer, and a public hearing by the Board
shall be set within 45 days of the filing of the preliminary plan
and application.
C.
Notice of the Board hearing shall be advertised in accordance with
the standards established by the MPC.
D.
The Board 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 Board may
direct any necessary questions to any of the above parties.
E.
The Board shall, within 14 days after the hearing, approve or disapprove
the request for the special exception. If the Board disapproves the
request, the reasons for disapproval shall be stated.
F.
A special exception shall not be granted unless the Board shall determine:
(1)
That the proposed special exception will not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood, and that the use of property adjacent to the
area included in the proposed change or plan is adequately safeguarded.
(2)
That the proposed special exception will serve to protect the best
interests of the Borough of Munhall, the convenience of the community,
and the public health, safety and welfare.
(3)
That the effect of the special exception will facilitate the logical,
efficient and economical extension of public services and facilities,
such as public water, sewers, police and fire protection and public
schools.
G.
A majority vote of the Board is required for approval.
H.
The property owner or his agent and the Zoning Officer shall receive
written notification of the Board's decision. Any other interested
party may, at the hearing, request to receive such written notification.
In any case, the written notification shall be sent within 14 days
of the Board's decision.
I.
Appeals from the decisions of the Board are governed by the applicable
provisions of the Municipalities Planning Code.
A.
When a special exception has been denied by the Board, no request
for the same special exception at the same location may be refiled
with the Zoning Officer for at least one year from the date of that
denial. The only exception to this provision shall be if the landowner
or his agent can show to the satisfaction of the Board a substantial
change in circumstances regarding the property which would warrant
reexamination of the special exception request within the year's
limitation. Any such request shall be submitted in writing, along
with a special exception application and the appropriate nonrefundable
fee, to the Zoning Officer.
B.
An approved special exception shall be completed within two years
following the date of approval. However, the Board may grant an extension
if the landowner or his agent requests such an extension and if good
cause for the delay is shown. There are no other exceptions to this
rule. If at the end of the two-year period the special exception is
not completed, and if no extension has been granted, the approval
of the special exception shall be null and void.
C.
Minor changes in design or specifications of an approved special
exception which in no way constitute any expansion of the special
exception may be approved administratively upon written request.
D.
Any change in an approved but not completed special exception and
any change in a completed special exception which constitutes an expansion
of such use shall be governed by the applicable provisions of this
chapter. An improper expansion is a violation of this chapter and
is subject to the penalties of this chapter, including, but not limited
to, a fine and an action to remove the improper expansion.[1]
In order for a particular use by special exception to be eligible
for approval by the Board, the following specific conditions shall
be met.
A.
Residential zoning districts.
(1)
Adult or child day-care center (R-1 and R-2).
(a)
Any such facility may be permitted only when ancillary to an
existing church or school which is licensed by the commonwealth.
(b)
Any such facility serving adults may only be permitted in a
situation where those being served do not require nursing care.
(c)
Any such facility may only provide care for a period of less
than 24 hours.
(d)
Any such facility may only be situated within an existing structure
which has a principal use which is directly related to the church
or school.
(e)
Any such use shall be licensed by the commonwealth where licensing
is required.
(f)
Any such use may be permitted only where the church or school
is situated upon and has direct vehicular access to an arterial or
collector street.
(g)
Any such facility shall provide at least one off-street parking
space for each employee plus one space for every 10 adults or children
being served (a minimum of two such parking spaces).
(2)
Public utility structure (R-1, R-2, R-3 and R-4).
(3)
Adult or child day-care center (R-3 and R-4). The same as those listed for this use under Subsection A(1) of this section and the following:
(a)
Any such use shall be situated only upon either an arterial
or collector street which provides direct vehicular access.
(4)
Community garage (R-2).
(a)
Shall be permitted only within an accessory structure situated
upon the same lot as a dwelling.
(b)
May provide off-street parking space for no more than six motor
vehicles or trailers, which shall be entirely contained and secured
within said structure.
(c)
Vehicle repairs and retail or wholesale business of any kind
may not be conducted within any such structure.
(d)
May only provide off-street parking situated entirely within
an approved and enclosed structure for residences situated within
a radius of 1/8 mile of the community garage.
(5)
Community garage (R-3 and R-4). The same as those listed for this use under Subsection A(4) of this section and the following:
(6)
Group residence (R-2, R-3 and R-4) and personal care boardinghome,
group care facility, boardinghouse or nursing home (R-3 and R-4).
(a)
Minimum lot size: 6,600 square feet.
(b)
Minimum lot width: 60 feet.
(c)
Maximum lot coverage: 40%.
(d)
Minimum parking: one space per each employee, plus one space
for each three beds or fraction thereof.
(e)
Shall have frontage upon and direct vehicular access to an arterial
or collector street.
(g)
Required minimum side and rear yard setbacks for accessory structures:
three feet.
(h)
Shall also have at least 600 square feet of lot area per bed.
(7)
Mid-rise apartments (R-3).
(a)
Minimum lot size: one acre.
(b)
Maximum density: 20 dwelling units per acre.
(c)
Maximum lot coverage: 40%.
(d)
Maximum height: 55 feet and five stories.
(e)
Minimum frontage (lot width): 100 feet.
(f)
Minimum lot depth: 100 feet.
(h)
Required minimum side and rear yard setbacks for accessory structures:
five feet.
(8)
High-rise apartments (R-4).
(a)
Minimum lot size: two acres.
(b)
Minimum lot width: 150 feet.
(c)
Maximum lot coverage: 40%.
(e)
Shall have frontage upon and direct vehicular access to an arterial
or collector street.
(g)
Required minimum side and rear yard setbacks for accessory structures:
five feet.
(h)
Maximum density: 36 dwelling units per acre.
(i)
Any such use may include housing for the elderly.
(9)
Transitional dwelling (R-4).
(a)
Any such use shall serve not more than six persons.
(b)
Minimum parking. One space per each employee, plus one space
for each three beds or fraction thereof.
(c)
Shall also have at least 600 square feet of lot area per bed.
(d)
Minimum lot dimensions shall be not less than those required
for a single-family residence in the same district.
(10)
Limited retail sales (R-5).
(a)
All sales on the premises shall be limited to gift shops for
the sale of small gifts, limited to one or more of the following items:
greeting cards, flowers (real and artificial), arts and crafts, antiques,
candy and over-the-counter and prescription drugs.
(b)
Any such use shall be limited in scope with a strong emphasis
on maintaining the residential character of the neighborhood.
B.
Business zoning districts.
(1)
Pet grooming (excluding kennels) (B-1).
(a)
Any such use shall not include the keeping, breeding, training,
boarding, offering for sale, or the provision of medical treatment
of any kind to any dog, cat or other domestic animal.
(b)
The hours of operation for any such use shall be limited to
the hours between 9:00 a.m. and 9:00 p.m. daily, Monday through Saturday
only.
(c)
Any such facility shall be fully sound-insulated so as to preclude
the transmission of noise emanating from the premises to any off-premises
location.
(2)
Eating and drinking establishments, including restaurants, taverns,
bars and cocktail lounges (B-1).
(a)
The hours of operation for any eating establishment shall be
limited to the hours between 6:00 a.m. and 12:00 midnight daily.
(b)
The hours of operation for any tavern, bar, cocktail lounge
or other establishment serving any alcoholic beverage(s) shall be
limited to those established by the commonwealth.
(c)
Any such facility shall be fully sound-insulated so as to preclude
the transmission of noise emanating from the premises to any off-premises
location.
(d)
Fast-food restaurants and drive-in restaurants shall be specifically
prohibited in this district.
(e)
Adult entertainment of any kind shall be prohibited in this
district, whether or not in conjunction with or ancillary to an otherwise
legal use.
(f)
The owner of any carry-out food or drink establishment shall
be responsible for the daily thorough policing of the subject premises
and all surrounding public and private properties of all trash and/or
garbage which may have been generated by the subject establishment
or its customers.
(3)
Car wash (B-1).
(a)
Any such use shall be limited to hours of operation between
the hours of 7:00 a.m. and 10:00 p.m. daily.
(b)
All water generated by any such use shall be contained entirely
upon the subject premises and shall not be permitted to drain onto
any adjoining property or public right-of-way.
(c)
Any such use shall be responsible for the daily thorough policing
of the subject premises and all surrounding public and private properties
of all trash and/or garbage which may have been generated by the subject
establishment or its customers.
(d)
Any such facility shall include provisions for the installation
and maintenance of a filtering device or trap which shall prevent
petroleum products and solids from being deposited into the Borough's
sanitary and/or storm sewer systems.
(e)
Any such facility shall only be situated upon a lot which has
frontage upon and direct vehicular access to and from an arterial
street.
(4)
Automotive service station (B-1).
(a)
Any such use shall be limited to hours of operation between
the hours of 6:00 a.m. and 12:00 midnight, daily.
(b)
Any vehicle maintenance (repair) work shall only be performed
when contained entirely within an approved enclosed structure.
(c)
Any such facility shall only be situated upon a corner lot which
has frontage upon and direct vehicular access to and from an arterial
street.
(d)
Any such use shall meet or exceed the following bulk and area
requirements.
(e)
The owner of any such use shall be responsible for the daily
thorough policing of the premises and all surrounding public and private
properties of all trash, litter and/or garbage which may have been
generated by the subject establishment or its customers.
(f)
Any such use shall include provisions for the installation and
maintenance of a filtering device or trap which shall prevent petroleum
products and solids from being deposited into the Borough's sanitary
and/or storm sewer systems.
(5)
Any business of any kind which includes an outdoor ATM or drive-through
window as a principal or accessory use (B-1).
(a)
Any outdoor ATM facility shall be well-lit at all hours and
shall be easily visible from the public street right-of-way upon which
the lot has frontage.
(b)
Off-street parking areas for the principal use shall include
at least two additional parking spaces for each outdoor ATM.
(c)
Off-street parking areas for any establishment which has an
outdoor drive-through ATM or drive-through window shall provide on-site
stacking space for at least four vehicles for each drive-through ATM
or window; and, in any event, satisfactory efforts shall be made to
accommodate all vehicles which may be waiting to use the facility
on site, rather than creating a situation where all or any part of
a waiting line may be forced into a public street right-of-way.
(d)
A trash receptacle(s) shall be installed and maintained for
each approved ATM or drive-through window.
(e)
The owner of any such use shall be responsible for the daily
thorough policing of the subject premises and all surrounding public
and private properties of all trash and/or garbage which may have
been generated by the subject establishment or its customers.
(6)
Automotive repair establishment (B-2).
(a)
All repairs shall be conducted entirely within an approved enclosed
structure. No repair work shall be permitted in an open yard regardless
of whether or not said yard is enclosed by a fence, wall or other
enclosure.
(b)
Any such facility shall be sound-insulated so as to limit the
transmission of noise emanating from the premises to any off-premises
location.
(c)
Any such use shall be limited to hours of operation between
the hours of 8:00 a.m. and 9:00 p.m. daily.
(d)
The owner of any such use shall be responsible for the daily
thorough policing of the subject premises and all surrounding public
and private properties of all trash and/or garbage which may have
been generated by the subject establishment or its customers.
(e)
Any damaged vehicle or vehicle part shall only be stored entirely
within an approved enclosed solid fence or wall. No such vehicle or
vehicle part may be stored in an open yard.
(f)
No vehicle may be stored at any location on the premises for
any period of time in excess of 30 days.
(g)
No motor vehicle, boat, camper, trailer or motor vehicle part
may be sold or leased or offered for sale or lease at any time from
any location on the premises.
(7)
Automotive, mobile home, boat, camper or trailer sales (B-2).
(a)
All repairs shall be conducted entirely within an approved enclosed
structure. No repair work shall be permitted in an open yard regardless
of whether or not said yard is enclosed by a fence, wall or other
enclosure.
(b)
All vehicle maintenance facilities shall be sound-insulated
so as to limit the transmission of noise emanating from the premises
to any off-premises location.
(c)
Any such use shall be limited to hours of operation between
the hours of 7:00 a.m. and 10:00 p.m., daily.
(d)
The owner of any such use shall be responsible for the daily
thorough policing of the subject premises and all surrounding public
and private properties of all litter, trash and garbage which may
have been generated by the subject establishment or its customers.
(e)
Any damaged vehicle or vehicle part shall only be stored entirely
within an approved enclosed solid fence or wall. No such vehicle or
vehicle part may be stored in an open yard.
(f)
Temporary or permanent banners, streamers, flags (other than
one U.S. flag and one State of Pennsylvania flag), and pennants shall
be prohibited at any location on the premises.
(g)
Temporary or permanent signs, other than those permitted and
approved in accordance with the provisions of this chapter, shall
be prohibited at any location on the premises.
(8)
Any wholesale business (B-2).
(a)
All business-related activities shall be conducted and contained
wholly within an approved enclosed structure (which may include an
approved loading dock which is under roof but otherwise open to light
and air).
(b)
All parking and loading facilities shall be entirely accommodated
on site.
(c)
Storage in an open yard shall not be permitted in conjunction
with any such use.
(d)
Any such use shall be limited to hours of operation between
the hours of 6:00 a.m. and 12:00 midnight daily, Monday through Saturday.
(9)
Freight terminal (B-2).
(a)
All business-related activities, including the transfer of freight,
shall be conducted and contained wholly within an approved enclosed
structure (which may include an approved loading dock which is under
roof but otherwise open to light and air).
(b)
All parking and loading facilities shall be entirely accommodated
on site.
(c)
Storage in an open yard shall not be permitted in conjunction
with any such use.
(d)
Any such use shall be limited to hours of operation between
the hours of 6:00 a.m. and 12:00 midnight, Monday through Saturday.
(10)
Lumber or supply yard (B-2).
(a)
All business-related activities, including the transfer of building
materials, shall be conducted and contained wholly within an approved
enclosed structure (which may include an approved storage structure
which is under roof but otherwise open to light and air).
(b)
All parking and loading facilities shall be entirely accommodated
on site.
(c)
Storage in an open yard shall not be permitted in conjunction
with any such use.
(d)
Any such use shall be limited to hours of operation between
the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday.
(11)
Maintenance and storage facility (B-2).
(a)
All business-related activities, including the transfer of stored
materials, shall be conducted and contained wholly within an approved
enclosed structure (which may include an approved storage structure
which is under roof but otherwise open to light and air).
(b)
All parking and loading facilities shall be entirely accommodated
on site.
(c)
Storage in an open yard shall not be permitted in conjunction
with any such use.
(d)
Any such use shall be limited to hours of operation between
the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday.
(12)
Horticultural nursery (B-2).
(a)
All sales-related activities shall be conducted and contained
wholly within an approved enclosed structure.
(b)
All parking and loading facilities shall be entirely accommodated
on site.
(c)
Storage in an approved and fenced open yard of living plants
only shall be permitted in conjunction with any such use.
(d)
Any such use shall be limited to hours of operation between
the hours of 7:00 a.m. and 9:00 p.m., daily.
(e)
A detailed site development plan shall be submitted and shall
be subject to review and approval by the Board prior to the approval
of any such proposed use.
(13)
Research and development facility (B-2).
(a)
A detailed site development plan shall be subject to review
and approval by the Board prior to the approval of any such proposed
use.
(b)
Any such use shall be conducted and contained entirely within
an approved enclosed structure.
(c)
Any such use shall be limited to hours of operation between
the hours of 6:00 a.m. and 12:00 midnight, daily.
(d)
Any such use shall be limited to those operations and activities
which pose no real or potential threat to the public health, safety
and welfare of area residents.
(14)
Roadside stand (B-2).
(a)
Any such use shall be responsible for the daily thorough policing
of the subject premises and all surrounding public and private properties
of all litter, trash and garbage which may have been generated by
the subject establishment or its customers.
(b)
Any such use shall be limited to hours of operation between
the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday, and
12:00 noon and 6:00 p.m., Sundays.
(c)
A detailed site development plan shall be subject to review
and approval by the Board prior to the approval of any such proposed
use.
(d)
Careful consideration shall be given to vehicular and pedestrian
traffic flow on site.
(e)
Any temporary structure designed or used for the display or
sale of seasonal products, including agricultural products from a
roadside location, shall be included in the definition under this
section of this article.
(f)
All parking surfaces shall be hard-surfaced with proper provisions
for the collection and disposal of surface drainage for the parking
area.
(15)
Amusement arcade (B-2).
(a)
The owner of any such use shall be responsible for the daily
thorough policing of the subject premises and all surrounding public
and private properties of all litter, trash and garbage which may
have been generated by the subject establishment or its customers.
(b)
In any situation where an amusement arcade is to be the principal
use, the hours of operation shall be limited to the hours between
3:00 p.m. and 10:00 p.m., on all schooldays; 8:00 a.m. and 10:00 p.m.
on Saturdays; and 12:00 noon and 8:00 p.m., Sundays.
(c)
Where any amusement arcade is to be ancillary to some other
principal use, the hours of operation for the arcade shall be at least
as restrictive as the hours of operation for the principal use.
(d)
Any establishment which includes an amusement arcade and in
which alcoholic beverages are also served shall not be open and accessible
to any person under the age of 21.
(e)
In any situation where an amusement arcade is to be the principal
use, the establishment shall provide public rest rooms for its customers.
(16)
Satellite-signal-receiving antennas (B-1 and B-2).
(a)
May only be permitted in the rear yard or upon a roof.
(b)
May only be permitted where no portion of the antenna is visible
from a point six feet above grade at a point measured along a line
drawn perpendicular to the front property line from the center point
of said property line a distance of 60 feet. And in the case of a
corner lot, any such structure shall met the front yard setback requirement
for all yards fronting on a public right-of-way.
(c)
Shall minimally meet the side yard setback requirements established
for the principal structure with said measurement being taken from
the point of the antenna nearest the property line rather than the
base of the structure.
(d)
Shall have a painted or anodized finish which is either forest
green, dark brown or black in color.
C.
Industrial and mixed-use zoning districts.
(1)
Automotive, mobile home, boat, camper or trailer sales (GS) and (RDD). The same conditions as those listed for automotive, mobile home, boat, camper or trailer sales in the B-2 Business District under Subsection B(7) of this section.
(2)
Billboard (GS).
(a)
Any billboard site location shall be located not less than 500
feet from the nearest already existing billboard site location.
(b)
No billboard may be attached to the surface of any building
or structure other than the structure designed to support the billboard
itself.
(c)
Not more than two single-sided or double-sided signs shall constitute
each billboard site or location.
(d)
Billboards may only be situated upon property which has frontage
on an arterial street.
(e)
Billboards may be permitted as either an accessory or principal
use.
(f)
No structure supporting a billboard may exceed 40 feet in vertical
height above finished grade.
(g)
No billboard sign face may exceed 12 feet in vertical height,
36 feet in horizontal width or 432 square feet in area.
(3)
Recycling collection facility (GS).
(a)
The owner of any such use shall be responsible for the daily
thorough policing of the subject premises and all surrounding public
and private properties of all litter, trash and garbage which may
have been generated by the subject establishment or its customers.
(b)
The outside storage of materials in an open yard shall be permitted
only where the storage area is completely surround by security fencing
and screened from the public eye.
(c)
Hours of operation shall be limited to the hours between 6:00
a.m. and 12:00 midnight, daily.
(d)
Minimum lot size: one acre.
(4)
Satellite-signal-receiving or -sending antennas (GS).
(a)
May only be permitted in the rear yard or upon a roof.
(b)
May only be permitted where no portion of the antenna is visible
from a point six feet above grade at a point measured along a line
drawn perpendicular to the front property line from the center point
of said property line a distance of 60 feet. And in the case of a
corner lot, any such structure shall met the front yard setback requirement
for all yards fronting on a public right-of-way.
(c)
Shall minimally meet the side yard setback requirements established
for the principal structure, with said measurement being taken from
the point of the antenna nearest the property line rather than the
base of the structure.
(d)
Shall have a painted or anodized finish which is either forest
green, dark brown or black in color.
(5)
Roadside stand (GS).
(a)
Any temporary structure designed or used for the display or
sale of seasonal products, including agricultural products, from a
roadside location shall be included in the definition under this section.
(b)
Any such use shall be responsible for the daily thorough policing
of the subject premises and all surrounding public and private properties
of all litter, trash and garbage which may have been generated by
the subject establishment or its customers.
(c)
Any such use shall be limited to hours of operation between
the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday, and
12:00 noon and 6:00 p.m., Sundays.
(d)
Careful consideration shall be given to vehicular and pedestrian
traffic flow on site.
(e)
A detailed site development plan shall be subject to review
and approval by the Board prior to the approval of any such proposed
use.
(f)
All parking surfaces shall be hard-surfaced with proper provisions
for the collection and disposal of surface drainage for the parking
area.
[Amended 9-17-1997 by Ord. No. 1414; 3-15-2000 by Ord. No. 1461]
