[Added 9-13-2018 by Ord.
No. 2018-06]
The Waterfront Development District ("WDD") is intended to facilitate
the development of large, under-utilized or vacant former industrial
sites along the Monongahela River which may be suitable for a variety
of large-scale industrial, retail, office, recreational, and/or residential
uses, provided that the arrangement and design of those uses are carefully
planned and implemented. These provisions are further intended to
allow considerable flexibility within the WDD in the specific types
of uses, their arrangement and their intensity while assuring that:
1.
Uses are either compatible in
scale, intensity, visual and operational characteristics, or, if different,
are so arranged that adverse impacts on adjacent properties are minimized.
2.
All necessary utilities, facilities
and site improvements are provided in accordance with Borough requirements.
3.
Negative environmental impacts
are avoided.
4.
Provision is made for the safe
movement of people, goods, and vehicles without increasing congestion
and/or creating hazards within the WDD and/or within the area of impact
in the larger community.
5.
Each building site has adequate
off-street parking, safe pedestrian circulation, light and air, access
for emergency vehicles, and landscaped areas and open spaces as may
be required.
1.
Development within the WDD should
be physically integrated with the community in the following ways:
A.
A system of public and private
streets should be designed and constructed in a way so as to insure
coordination with streets outside of the WDD.
B.
All utilities should be designated
and installed in a manner which insures coordination with the infrastructure
systems serving the Borough.
C.
Pedestrian and vehicular access
to the riverfront should be provided through the WDD.
D.
Land uses along the riverfront
which permit public access to the river should be encouraged.
E.
In order to enhance the Monongahela
River as a scenic and recreational community resource, the following
design criteria shall be adhered to:
(1)
Strengthen the river's
impact by enhancing views and creating new ones.
(2)
Focus on water-dependent
and water-related uses along the river by creating a balance of retail,
residential, office and recreational uses which will bring residents
and visitors to the riverfront.
(3)
Create a wide variety
of waterfront spaces such as promenades, plazas, and tree lawns for
walking, jogging, shopping and dining, as well as for sitting and
quiet contemplation.
(4)
Design public spaces to
fit the changeable nature of the riverfront on a daily, seasonal,
and annual basis.
(5)
Design riverfront spaces
for public events and celebrations.
(6)
Clearly define public
access by emphasizing the line of the riverfront's edge with pathways,
promenades, and plazas that give immediate and continuous public access
along the river while defining its physical boundary.
(7)
Highlight public access
to the riverfront with visual links such as pedestrian-oriented streets
and sidewalks, plazas and view corridors, as well as appropriate site
planning and building design.
(8)
Celebrate the site's history
by incorporating that history into street and building design. The
site's history should be told through informative signage, and public
spaces for periodic events and historical celebrations.
1.
ACCESSORY USE OR STRUCTURE
ADULT ENTERTAINMENT ESTABLISHMENT
AMUSEMENT ARCADE
ART OR MUSIC STUDIO
ATM
AUTO PARTS STORE
AUTOMOBILE OR AUTOMOTIVE SALES AND SERVICE
AUTOMOBILE OR AUTOMOTIVE SERVICE STATION
A.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
B.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
BANK OR FINANCIAL INSTITUTION
BUSINESS SERVICES
CANOPY
CAR WASH
COMMERCIAL RECREATION
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
DISH, SATELLITE
DISH-TYPE SATELLITE SIGNAL-RECEIVING ANTENNA OR SATELLITE SIGNAL
RECEIVER
A.
B.
C.
DISTRIBUTION FACILITIES
DWELLING
DWELLING, MULTI-FAMILY
ESSENTIAL SERVICES OR ESSENTIAL PUBLIC SERVICES
FENCE
GENERAL COMMERCIAL
GROCERY STORE
GROSS FLOOR AREA OR GFA
HOTEL/MOTEL OR APARTMENT HOTEL
LIGHT INDUSTRY
MANUFACTURING
MARINAS AND RECREATION BOAT DOCKING AND SERVICE FACILITIES
MULTI-SCREEN THEATER
MUSEUM
NURSERY
OFF-TRACK BETTING ESTABLISHMENT
OFFICE
OFFICE, ANCILLARY
OFFICE, BUSINESS OR PROFESSIONAL
PASSIVE RECREATION
PERSONAL SERVICES
PILOT MANUFACTURING
PUBLIC UTILITY STRUCTURES
RESEARCH AND DEVELOPMENT FACILITY
RESIDENTIAL COMMUNITY
RESTAURANT
RETAIL BUSINESS
ROADSIDE STAND
SAFETY SERVICES
SECURITY FACILITY
SHOPPING CENTER
SIGN
SIGN, TYPES
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
STORAGE FACILITY
SUBSTANTIAL VARIATION
TRANSPORTATION FACILITY
VOCATIONAL SCHOOL
WAREHOUSE
WDD
WHOLESALE BUSINESS
Notwithstanding any contrary definition which may be contained in Part 2 or elsewhere in this chapter, the following terms shall have the specific meanings indicated for the purpose of interpreting this Part governing the WDD:
Any use, object, or structure constructed or installed on,
or above, or below the surface of a lot, which is located on the same
lot as a principal use, object, or structure, and which is subordinate
to or serves the principal use, object or structure, and is customarily
incidental to the principal use, object or structure. Among other
things, "accessory use" includes anything of a subordinate nature
attached to or detached from a principal structure or use, such as
fences, walls, sheds, garages, parking places, decks, poles, poster
panels, and billboards. Except as otherwise provided in this Part,
an accessory use shall be a permitted use.
Any theater, magazine shop, bookstore or other establishment
which at any time displays motion pictures, video tapes, books, magazines
or other forms of live entertainment of a sexual nature or content,
including, but not limited to, the display of any motion picture,
video tape, book, magazine, dancing or any other form of live entertainment
which is X-rated, has been judged to be pornographic or obscene, depicts
any live or simulated sex act, or includes exposed male or female
genitalia in an aroused state.
A business or portion thereof having on its premises, for
use by the public, four or more skill or amusement games, including
pool tables, foosball tables, air hockey tables, video or electromechanical
devices operated by inserting a coin or token, mechanical rides for
children, and including any establishment licensed by the Pennsylvania
Liquor Control Board for the public use of mechanical or electrical
devices, machines, tables and apparatus of any kind for playing games
of skill and amusement.
An establishment or portion thereof, used for the education,
display and creation of art, music and/or photography, and including
incidental sales of such items.
Any automatic teller machine (as used in the finance industry).
Any retail business including buildings and premises where
motor vehicle parts or accessories may be sold, supplied and/or dispensed
at retail, and where, in addition, the following services may be rendered
and sales made:
An establishment, which may include an open area other than
a street, used for the display and sale of new or used automobiles
and light duty trucks under 9,000 pounds gross vehicle weight, and
a building containing offices and showrooms and which may contain
an area completely within the enclosed building where repair work,
both minor, major and collision, including auto painting, safety inspections
and automobile preparation, is performed and/or permanent or temporary
storage of any licensed vehicle, motor home, mobile home, boat, camper,
trailer, or other vehicle or accessory vehicle occurs.
Any retail business including buildings and premises where gasoline,
oil, grease, antifreeze, other coolants, batteries, tires, spark plugs,
bulbs, fuses, exhaust systems, water hoses, fan belts, brake and transmission
fluids, brakes, windshield wipers and blades, wheel bearings, suspension
systems, mirrors, radiators, heating and air-conditioning systems,
electrical systems, fuel/oil pumps and lines, and other motor vehicle
parts or accessories may be sold, supplied, cleaned, repaired, serviced
and/or dispensed at retail, and where in addition, the following services
may be rendered and sales made and/or uses may occur in combination
therewith:
Minor vehicle repair work.
Fast food restaurant or other eating and drinking establishment.
Soft drinks or other nonalcoholic beverages, packaged food,
tobacco products, and similar convenience goods for service station
customers, as accessory uses clearly incidental to the principal use.
Car wash.
Road maps and other informational materials.
Public rest rooms.
Warranty maintenance.
Safety inspections.
In addition, the following sales and services shall be expressly
excluded from the definition:
Recapping or regrooving tires.
Painting of any kind.
Collision work of any kind, including, but not limited to, body
and/or frame work.
Major engine repairs which require the removal of the head or
crankcase or which require storage of the vehicle or accessory vehicle
anywhere on the premises for any period of time in excess of two calendar
weeks.
The sale of any motor vehicle, motor home, mobile home, boat,
camper, trailer or other vehicle or accessory vehicle from any location
inside or outside a structure on the lot.
The permanent or temporary storage of any vehicle, motor home,
mobile home, boat, camper, trailer, or other vehicle or accessory
vehicle which is unlicensed, inoperable, or partially dismantled,
for any period of time in excess of two calendar weeks.
The dismantling, salvaging or storage of any vehicle, motor
home, mobile home, boat, camper, trailer or other accessory vehicle
or used vehicle part.
Any bank, savings and loan association, credit union or other
similar institution or use that accepts deposits of and/or lends money
or is engaged in finance-related activities.
Any profit-making activity which renders services primarily
to other commercial or industrial enterprises, or which services and
repairs appliances and machines used in homes and/or businesses. "Business
services" uses generally include, but are not necessarily limited
to: advertising and public relations services, management and consulting
services, security and maintenance services, equipment rental/leasing,
and computer and data processing related sales and services.
Any lightweight structure attached to the ground and/or to
a wall and which is extended over a sidewalk or other pedestrian walkway,
where such structure is used primarily for the purpose of shelter,
with any advertising ancillary to its primary purpose.
A structure, or portion thereof, either fully or partially
enclosed, where one or more vehicles may be washed using mechanized
equipment or hand-washing by employees and/or by self-service.
Any enterprise operated for profit by other than a public
entity, indoors or outdoors, for the pursuit of sports or leisure,
activities including, but not limited to, such establishments as:
Golf or batting practice facilities;
Miniature or regulation golf courses;
Bowling alleys;
Ice or roller skating rinks, indoor or outdoor;
Playing fields;
Racquet clubs;
Swimming pools, indoor or outdoor;
Billiard and pool halls;
Dance halls;
Amusement parks;
Amphitheaters;
Stadia;
Off-track betting establishments;
Amusement arcades;
Spas and health clubs where the principal use includes a gymnasium,
exercise room, swimming pool and/or other sports facilities; and
Other similar facilities.
That part of a satellite signal receiving antenna which is
shaped like a saucer or dish, whether it is spherical, parabolic,
or similar in shape.
Any earth or ground station, whether functioning as part
of a basic service, direct broadcast satellite, or multipoint distribution
service system, which includes any one or a combination of the following:
A signal-receiving device such as a dish antenna whose purpose
is to receive communications or signals from earth-orbiting satellites
or similar sources.
A low-noise amplifier (LNA) whose purpose is to boost, magnify,
store, transfer or transmit signals.
A coaxial cable, whose purpose is to convey or transmit signals
to a receiver.
Any establishment in which goods manufactured on-site or
off-site are temporarily stored within an enclosed building or fenced
outdoor area prior to being picked up for delivery to retail or wholesale
businesses or the ultimate purchaser.
Any building or structure (except a house trailer or mobile
home) which is wholly or partly used for living or sleeping by one
or more human occupants; but not including hotels, motels, lodging
or boarding houses.
Any building or portion thereof containing three or more
dwelling units.
The erection, construction, alteration or maintenance, by
licensed or publicly franchised public utilities, the Borough or any
other governmental agencies, of underground gas, electrical, cable
television, steam, or water transmission or distribution systems,
collection, communication, supply or disposal systems or sites, including
utility substations, poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarms, traffic signals, hydrants, or other similar equipment
and accessories in connection therewith which are reasonably necessary
for the furnishing of adequate service by such public utilities for
municipal or other governmental agencies, their contractors or agents,
for the public health, safety or general welfare, but not including
buildings.
Any structure constructed of wood, metal, wire, mesh, plastic
materials or masonry, erected for the purpose of screening, privacy,
protection, delineation or confinement of property.
Any authorized commercial use which is not included in the
definition of commercial recreation, shopping center, retail business
or business services.
A retail store, the primary function of which is the sale
of staple foods and other basic life necessities.
The sum of the gross horizontal areas of all floors of a
building measured between exterior faces of walls.
Any building or group of buildings containing sleeping rooms
and supporting services which are offered for rent to the general
public on a daily or weekly basis and which may include support services
for guests of the facility, such as restaurants, meeting rooms, recreational
facilities, laundry facilities, and/or living quarters for a resident
manager or proprietor; also includes motor lodges, tourist courts
and inns, but specifically excludes boarding or rooming houses, fraternities
or sororities or dormitories.
The processing, fabrication, compounding, assembly and treatment
of materials and products which does not produce noise or vibration
which has measurable effects on adjoining properties, air or water
pollution, fire hazards or other disturbances or danger to other properties,
including without limitation the following products and materials:
home appliances, office machines, electrical instruments, timepieces,
precision instruments, electronic devices, jewelry, optical goods,
musical instruments, novelties, lithographic plates, wood products,
printed materials, type composition, machine tools, dies, gauges,
ceramics, apparel, lightweight non-ferrous metal castings, film processing,
light sheet metal products, plastic goods, pharmaceutical goods and
computer components, food products, not including animal slaughtering,
curing or rendering of fats.
The mechanical or chemical transformation or compounding
of materials or substances into new products, including the processing
and/or assembly of component parts or manufactured products, the creation
of new products and/or the blending or compounding of materials, for
the wholesale market rather than direct sales.
Any establishment for the launching, mooring, servicing and/or
storage (wet and dry) of recreational boats and/or other water vehicles,
and also including the sale of provisions, supplies and fuel for such
boats. Such use may also include a restaurant and/or boat and motor
sales facility and live-aboards.
Any indoor establishment, building or other facility of any
kind, whether or not a fee is charged for admission, containing more
than one screen, devoted to the display of motion pictures, and which
may include the sale of food and drink for consumption on premises,
and an amusement arcade, but excluding any adult entertainment establishment.
Any public, private, or quasi-public institution or building
intended for the acquisition, preservation, study and exhibition of
works of historical, artistic or scientific value.
A retail facility or lot used for the nurturing and sale
of plants and related materials.
Any establishment which includes "off-track betting" under
an approved license issued by the Commonwealth of Pennsylvania, as
a principal use, excluding dog or horse racing tracks of any kind.
Any room, set of rooms, building or part thereof or place
wherein business of a clerical nature is transacted as part of, or
in support of, any public or private profession, business or industry.
Any office which is not the principal permitted use of the
building, but which provides support services for such principal use.
The office of an engineer, dentist, doctor, veterinarian
(excluding kennels), attorney, real estate broker, travel agent, advertising
personnel, insurance broker, architect, landscape architect, accountant,
or other similar professional person and/or any office used primarily
for accounting, drafting, clerical services, correspondence, research,
editing or administration.
Facilities for leisure and entertainment which do not involve
sports, exercise or other forms of active participation, including,
but not limited to, sitting areas, picnic areas, game tables, gazebos,
observation areas, bikeways, fishing areas, walkways, landscaped areas,
architectural features, wildlife sanctuaries and similar facilities.
Any enterprise conducted for a fee which provides personal
services to the general public, such as shoe repair, watch repair,
dry cleaning (for pick-up and delivery only), barber and beauty shops,
travel agencies and similar activities.
An establishment or part thereof used to test concepts and
ideas, determine physical layouts, material flows and processes, types
of equipment required, costs and other information necessary prior
to undertaking full-scale production.
Any administrative, maintenance or service building or structure
operated by a public utility which does not meet the definition of
"essential services."
Any establishment which carries on basic, applied, industrial
and/or scientific investigations and/or research, including laboratories
and testing facilities, in the natural, physical or social sciences
or engineering and development and/or testing as an extension of such
research with the objective of creating end products; and which may
include pilot manufacturing as an accessory use. The term also includes
medical laboratories where prosthetic devices or medical equipment
testing takes place exclusively on written work order of a licensed
member of the dental or medical profession, and medical research laboratories.
Any group of lots in the WDD containing primarily multifamily
dwellings and/or a mix of residential and commercial and/or business
uses.
Any retail service establishment which provides food and
beverages to the general public. Restaurant shall include an eating
and drinking establishment (a place open to the general public for
the sale and consumption on the premises of food and/or beverages,
which includes, bars, cafeterias, taverns and similar establishments),
a fast-food restaurant (a restaurant where the retail sale of prepared
or premeasured food items are ordered by the customer at a window,
counter or vehicle, rather than from a table, and which is designed
to facilitate quick service and take-out orders), and a sidewalk cafe
(a restaurant serving food and/or beverages on a public sidewalk).
Any establishment, other than a restaurant, located entirely
within an enclosed building (except for temporary outdoor sales as
defined and authorized elsewhere under this chapter) or adjacent exterior
property on the same lot (so long as the goods and materials sold
on the exterior are within a fenced area) which sells or rents goods,
services or merchandise to the general public for personal, household
or office consumption; but not including wholesaling, manufacturing,
or processing of the goods offered for sale.
Any temporary structure designed for the display and/or sale
of seasonal products, including agricultural products.
A facility used for the conduct of public safety and/or emergency
services, including police and fire protection services and emergency
medical and ambulance services.
Any establishment or portion thereof which houses personnel
and/or equipment intended to provide protection for persons and property
located elsewhere in the WDD or Borough.
A group of commercial establishments which is planned, developed,
owned and managed as a unit related in its location, size and type
of shops to the trade area that the unit serves.
Any visual communication display, object, device, graphic,
structure or part thereof situated indoors or outdoors, whether separate
from or attached to, painted on, or displayed from a building or structure;
in order to direct, attract attention to, announce or promote an object,
person, service, product, event, location, organization, etc., by
means of letters, words, designs, colors, symbols, fixtures, images
or illuminations.
Types of signs as herein referenced are defined as follows:
AWNING SIGNAny sign containing individual cut-out
letters and/or symbols which are painted, stenciled or otherwise affixed
to a permanent awning or canopy.
DEVELOPMENT SIGNA temporary sign erected during
the period of construction and/or development of a property only by
the contractor, developer and/or agent.
DIRECTIONAL SIGNAny sign which is intended to assist
pedestrians and drivers in locating a specific destination.
IDENTIFICATION SIGNAny sign which is intended to
assist residents, visitors and tradesmen in identifying buildings
and/or facilities within a specific district.
ILLUMINATED SIGNAny sign illuminated by electricity,
gas, or other artificial light source, including reflecting or phosphorescent
light.
MENU BOARDAny exterior sign accessory to a fast-food
restaurant which lists the items which may be purchased from such
fast-food restaurant and prices therefor, for use by drive-through
customers.
MARQUEE SIGNAny sign placed on or under the edge
of any canopy of permanent construction projecting from the wall of
a building.
MONUMENT OR PYLON SIGNAny sign erected which is
freestanding; that is, not attached to another structure.
OFF-PREMISES SIGNAny sign which provides information
relative to a business, commodity or service which is conducted, sold
or offered elsewhere than on the premises where the sign is displayed.
PROJECTED OR PROJECTING SIGNAny sign which projects
a distance of not more than six feet from the exterior of the building.
REAL ESTATE SIGNAny temporary sign advertising
the sale or rental of the premises. Any such sign may also bear the
words "sold," "sale pending," "rented" or "open house" across its
face.
TEMPORARY SIGNAny sign which is intended to identify
or announce a short-term and/or temporary activity or use of the premises.
WALL SIGNAny sign attached to or erected against
a wall of a building or other separate structure with the face generally
horizontal to the finished grade and parallel to the wall.
WINDOW GRAPHIC SIGNAny permanent sign which is
painted on or similarly applied to the inside or outside of a window.
Any building or portion thereof used for storage of freight
or merchandise for an extended period of time, within an entirely
enclosed structure, but not including the maintenance or fueling of
commercial vehicles.
Any change in an approved land development plan which involves
a change in the means of ingress or egress, any increase in the dwelling
unit density, any change of use which results in an increase in the
total parking required of more than 10%, or an increase of more than
10% in the total floor area of all buildings originally proposed in
the final land development plan.
Any building or portion thereof used or intended to be used
as an area for loading, unloading and interchange of transit passengers
using public and private transportation, including, without limitation,
bus terminals, rail stations, taxi stands, and passenger-related mass
transit facilities; and also including the incidental sale of tickets
and passes for such public and private transportation.
Any establishment holding regularly scheduled instruction
in professional, technical, communication and/or trade skills, including,
without limitation, business, real estate, building and construction,
electronics, computer programming and technology, and automobile and
aircraft mechanics and technology.
Any structure designed, intended for use as, or used for
the storage and handling of freight or merchandise, within an entirely
enclosed structure, but not including the maintenance or fueling of
commercial vehicles.
The Waterfront Development District.
Any business establishment that sells commodities in large
quantities or by the piece to retailers, jobbers, other wholesale
establishments or manufacturing establishments, where these commodities
are intended for further resale, use in the fabrication of a product
or use by a business service establishment.
2.
Unless specifically referenced
in this Part, the provisions of Part 9, Signs, Part 7, Environmental
Performance Standards, and Part 12, Conditional Uses and Uses by Special
Exception, shall be inapplicable to lots contained and uses occurring
in the WDD.
1.
The following principal and accessory uses shall be permitted in the Waterfront Development District in accordance with the procedures described in § 27-1506 and in accordance with the standards contained in § 27-1507:
A.
Principal uses. The following
principal uses shall be permitted in the WDD:
(1)
Amusement arcade.
(2)
Art or music studio.
(3)
Auto parts store.
(4)
Automobile sales and service.
(5)
Automobile service station.
(6)
Bank or financial institution
and satellite banking facility (such as ATM).
(7)
Business services.
(8)
Commercial recreation.
(9)
Distribution facility.
(10)
Essential services and
essential public services.
(11)
General commercial.
(12)
Grocery store.
(13)
Hotel/motel/apartment
hotel.
(14)
Light industry.
(15)
Manufacturing.
(16)
Marina or recreational
boat docking and service facility.
(17)
Multifamily dwelling.
A multifamily dwelling may be solely residential in nature, or may
be located in a building containing a mix of residential, commercial
and business uses.
(18)
Multi-screen theater.
(19)
Museum.
(20)
Nursery.
(21)
Off-track betting establishment.
(22)
Office, business and/or
professional.
(23)
Passive recreation.
(24)
Personal services.
(25)
Pilot manufacturing.
(26)
Public utility structure.
(27)
Research and development
facility.
(28)
Restaurant.
(29)
Retail business.
(30)
Safety services.
(31)
Security facility.
(32)
Shopping center.
(33)
Storage facility.
(34)
Time/temperature and
message board signs.
(35)
Transportation facility.
(36)
Vocational school.
(37)
Warehouse.
(38)
Wholesale facility.
2.
Accessory uses. The following
accessory uses shall be permitted in the WDD:
A.
Car wash, ancillary to automotive
service station.
B.
Child's playhouse, garden house,
gazebo, private residential swimming pool, tennis court or similar
private recreational facility, and private greenhouse, ancillary to
multifamily dwelling.
C.
Employee restaurants and cafeterias
which are not open to the general public, when located in a permitted
office or commercial building.
D.
Fences.
E.
Garage, carport, shed or building
for domestic storage, or storage of a boat, trailer, camper or similar
recreational vehicle, ancillary to a multifamily dwelling.
F.
Off-street parking and loading
facilities.
G.
Office, ancillary.
H.
Radio, television or satellite
dish and dish-type signal-receiving antenna or satellite signal receiver.
I.
Signage, including shared signage
and off premises signage.
K.
Storage of petroleum and/or
petroleum by-products by a business other than an automotive service
station, auto parts store, and/or automotive sales and service facility:
1) For on-premises use only; 2) In an amount not to exceed a ninety-day
supply; 3) Contained wholly within an approved structure.
Nothing herein shall preclude an automotive service station,
auto parts store and/or an automobile sales and service facility from
storage of petroleum and petroleum by-products incident to their respective
uses in underground storage tanks installed and maintained consistent
with applicable Pennsylvania laws and regulations.
|
L.
Vehicle service and maintenance.
M.
Other customary accessory uses
and structures.
The following uses shall be specifically prohibited in the WDD:
1.
Adult entertainment establishment.
2.
Arsenals.
3.
Billboards.
4.
Coal, bones, wood, or tar distillation.
5.
Coke ovens.
6.
Fish smoking or curing.
7.
Funeral homes.
8.
Garbage disposal or incineration.
9.
Manufacture, processing, or
treatment of: any toxic or hazardous chemical, acetylene, acid, ammonia,
bleach, candles, caoutchouc, celluloid, chlorine, creosote, disinfectants,
dyestuffs, emery cloth, explosives, fertilizer, fireworks, gelatin,
glue, grease, gutta percha, insecticides, lamp black, lard, linoleum,
matches, natural gas, oil, oil cloth, paint, paper, pulp, pyroxline,
roofing or water proofing materials/products, rubber, sandpaper shellac,
sizing, tallow, tar, turpentine, varnish, vinegar, and yeast.
10.
Natural gas storage exceeding
10,000 cubic feet.
11.
On-site disposal of wastes
of any kind.
12.
Ore reduction or smelting.
13.
Petroleum refineries.
14.
Plating or potash works.
15.
Recycling collection or processing
facilities.
16.
Slaughterhouse, meat packing
or stock yards.
17.
Tanning, curing or storage
of leather, rawhide or skins.
18.
Vehicle storage compounds,
except as part of an automobile sales and service facility where completely
enclosed.
19.
Any use not listed above which
is identified as producing hazardous wastes of any kind by regulations
promulgated under § 3001 of the Federal Resource Conservation
and Recovery Act of 1976, as amended, or any subsequent federal or
commonwealth statute or regulation.
The following uses shall be permitted conditional uses in the
WDD:
1.
Application and intent. No building
structure or land within the WDD shall be constructed, reconstructed,
converted, or used except in accordance with an approved land development
plan. The intent of this requirement is to maximize the flexibility
available to the applicant in the selection and arrangement of uses
within the WDD, while assuring that all aspects of the proposed development
will be properly coordinated, negative impacts avoided, and the public
health, safety and welfare protected.
2.
Procedures.
A.
Preliminary land development
plan. A preliminary plan for land development shall be submitted to
the Allegheny County Department of Economic Development for processing,
review and approval or disapproval consistent with the provisions
of the Allegheny County Subdivision Ordinance in effect on the date
of submission. A preliminary plan for land development within the
WDD shall include all contiguous real property within the Boroughs
of Munhall, Homestead, and West Homestead which is either currently
under common ownership or control or proposed to be under common ownership
or control.
(1)
If a preliminary land
development plan encompasses land in two or more municipalities, approval
by the Borough of the plan for the use of the land within its corporate
boundaries shall be conditioned upon the applicant's provision to
the Borough of proof of approval by all of the municipalities involved.
(2)
After a preliminary land
development plan has been approved, the applicant shall be entitled
to final land development plan approval as well, provided that the
final land development plan is consistent with the approved preliminary
land development plan, including any conditions attached to the preliminary
land development plan approval and the final land development plan
is submitted in accordance with all requirements provided herein.
B.
Final land development plan.
Applications for final land development plan approval shall be submitted
and processed by the Borough consistent with the provisions of the
Allegheny County Subdivision Ordinance in effect on the date of submission.
(1)
An application for final
land development plan approval may include only those portions of
the total area encompassed by the land development plan which are
intended for development or use.
(2)
If land is to be subdivided
for transfer of ownership, or if land is to be developed by an entity
other than the applicant submitting the preliminary land development
plan:
(a)
Where the proposed
land development contains "substantial variations" as herein defined
from an already approved preliminary land development plan, a new
preliminary land development plan shall be required.
(b)
Where the proposed
land development does not contain "substantial variations" as herein
defined from an already approved preliminary land development plan,
the new owner (applicant) may elect to submit an application for final
land development plan approval.
(3)
Permitted uses. Applications
for a zoning certificate for a permitted use in the WDD shall be submitted
to the Zoning Officer concurrent with an application for preliminary
approval of the land development plan. Any change(s) in the proposed
use(s) not included in the approval of the preliminary land development
plan shall require resubmission of the preliminary land development
plan, as well as the application for the zoning certificate. Applications
for building permits in the WDD shall be submitted to the Zoning Officer
concurrent with submission of the final land development plan.
(4)
Conditional uses. Applications
for a conditional use in the WDD shall be submitted to the Zoning
Officer concurrent with or at any time prior to submission of an application
for final approval of a land development plan.
(a)
The Zoning Officer
shall submit the application for conditional use to the Planning Commission
for review and recommendation to the Borough Council and shall advertise
a hearing before Borough Council within 45 days of submission of the
application, advertise the public hearing as required under the advertising
policy of the Borough, conspicuously post the property for at least
14 days before the public hearing with a notice of the conditional
use application, and the date and time of the public hearing on the
application, and post a notice of the hearing in a conspicuous place
either inside or outside the Municipal Building.
(b)
The Planning Commission
shall submit its recommendation to the Borough Council within 30 days
of receipt of the application.
(c)
Council shall, within
14 days of the public hearing, approve or disprove the conditional
use application and to impose specific modifications and conditions
on its approval of the conditional use. A conditional use may 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,
and that the use of property adjacent to the area included in the
proposal is adequately safeguarded.
2)
That the conditional
use will serve to protect the best interests of the Borough, the convenience
of the community and the public safety, health and welfare.
3)
That the effect of
the conditional use will not impede the logical, efficient and economic
extension of public service and facilities such as public water, sewers,
police and fire protection, and public schools.
C.
General conditions.
(1)
All conditional uses approved
by Council shall be completed within two years of approval, unless
an extension is granted by the Zoning Officer for good cause shown.
(2)
Minor changes in the conditional
use from the approval may be made upon the consent of the Zoning Officer,
with the consent of Council. The Zoning Officer shall notify Council
of receipt of a written request to modify the conditional use, the
modifications requested, and the recommendation of the Zoning Officer.
Unless Council shall notify the Zoning Officer of an objection to
the requested changes within 21 days of receipt of the notice, the
requested changes shall be deemed approved. If an objection is received,
the applicant shall either proceed with the conditional use as approved
or file an application for conditional use for the changes.
D.
Specific conditions. The following
specific conditions shall be met for a conditional use to be approved:
(1)
Roadside stand in the
WDD:
(a)
The premises and all
adjacent public and private properties shall be daily thoroughly policed
and all litter, trash and garbage which may have been generated by
the establishment or its customers properly disposed of.
(b)
Hours of operation
shall conform to other commercial uses within the WDD.
(c)
Careful consideration
shall be given to pedestrian and vehicular traffic flow and parking.
(d)
A detailed site development
plan shall be submitted for review and approval.
(3)
Pylon signs in excess
of 45 feet in height in the WDD:
(a)
May only be situated
upon property which has frontage on Waterfront Drive or Amity Street.
(b)
Shall be adequately
anchored in accordance with acceptable engineering practices to prevent
flotation, collapse or lateral movement.
(c)
Shall be designed in
conformance with the overall design scheme of the property to be advertised
by the sign.
1.
The following site development
standards are hereby established for all permitted principal and accessory
structures and uses in the WDD:
A.
General. If these standards
conflict in any way with any other provisions of this chapter or other
ordinances concerning land use and development, then the standards
of the WDD as set forth herein shall prevail.
B.
The standards included herein
shall not require modification of any structures, landscaping, or
other improvements actually in place as a result of development occurring
prior to August 1, 1997. Such structures, landscaping and improvements
shall be considered permitted and legal and conforming uses at the
location and to the size and degree they exist at the time of creation
of the WDD, and all improvements and land development plans which
have already obtained preliminary and/or final approval for development
prior to August 1, 1997, and which are located within the WDD are
acknowledged to be approved for development consistent with such plans
approved by the Borough, and the intended uses to be permitted uses
within the WDD.
2.
Required setbacks.
A.
Public roadways. Along all
public roadways, a minimum setback of 30 feet for all parking and
buildings shall be required.
B.
Monongahela River. No structure, except one, which clearly contributes to the community development objectives established in § 27-1502 above may be located within 25 feet of the river's top of bank.
C.
Railroad. No structure may
be located within 30 feet of any railroad right-of-way line.
D.
Other. All other setbacks can
be a minimum of zero feet.
E.
Homestead High Level Bridge.
No structure may be located within 45 feet from the center line of
the Homestead High Level Bridge at ground level.
3.
Height. The maximum building
height shall be seven stories and 84 feet.
4.
Off-street parking requirements.
A.
The following parking ratios
shall be required. Letters after each use correspond with the permitted
uses under § 27-1604.1A which would be required to meet
the indicated off-street parking requirements.
(1)
Retail. One space per
300 square feet of gross floor area. Includes: § 27-1604.1A(3),
(4), (11), (12), (20), (29) and (32).
(2)
Office. One space per
300 square feet of gross floor area. Includes: § 27-1604.1A(22).
(3)
Restaurant. One space
per 100 square feet of gross floor area. Includes: § 27-1604.1A(28).
(4)
Theater. One space per
four seats. Includes: § 27-1604.1A(18).
(5)
Warehouse. One space per
5,000 square feet of gross floor area. Includes: § 27-1604.1A(9),
(33), (36) and (37).
(6)
Industrial. One space
per 800 square feet of gross floor area. Includes: § 27-1604.1A(14),
(15), (25), (26) and (27).
(7)
Residential. One space
per bedroom or 1 1/2 spaces per unit, whichever is less. Includes:
§ 27-1604.1A(17).
(8)
Cultural/educational.
One space per 300 square feet of gross floor area. Includes: § 27-1604.1A(2),
(19) and (36).
(9)
Recreation. One space
per each four persons of maximum design capacity for the facility.
Includes: § 27-1604.1A(1), (8), (16), (21) and (23).
(10)
Services. One space
per 300 square feet of gross floor area. Includes: § 27-1604.1A(5),
(6), (7), (10), (24), (30), (31), (33) and (34).
(11)
Hotel/motel. One space
per guest room plus one per employee on peak shifts, plus parking
requirements for any eating and drinking establishment required herein.
Includes: § 27-1604.1A(13).
B.
Building square footage shall
be measured as the gross floor area.
C.
Minimum parking space shall
be nine feet by 18 feet.
D.
Minimum drive aisle shall be
20 feet.
5.
Landscaping.
A.
A general tree planting program
shall be required at the rate of one tree per five outdoor parking
spaces. At least 50% of required tree plantings shall be integrated
within parking or service areas.
B.
Within any front yard setbacks,
tree planting shall be required at a density of one tree per every
30 lineal feet of frontage.
D.
Approved tree list. The following
trees shall be used to fulfill the minimum tree requirement. Additional
trees may be approved by Council if an irrigation system is used.
Deciduous Trees
| |
---|---|
Common Name
|
Scientific Name
|
London Plane Tree
|
Platanus Acerifola
|
Honeylocust
|
Gleditsia
|
Green Ash
|
Fraxinus Pennsylvanica
|
Norway Maple
|
Acer Platanoides
|
Celebration Maple
|
Acer Celebration
|
Hornbeam
|
Carpinus Betulus
|
Elm
|
Ulmus
|
Ornamental Trees
| |
---|---|
Common Name
|
Scientific Name
|
Hawthorn
|
Crataegus
|
Crabapple
|
Malus
|
Callery Pear
|
Pyrus Calleryana
|
Evergreen Trees
| |
---|---|
Common Name
|
Scientific Name
|
Norway Spruce
|
Picea Abies
|
White Spruce
|
Picea Glauca
|
White Fir
|
Abies Concolor
|
Austrian Pine
|
Pinus Nigra
|
6.
Special screening. Dumpsters
shall be screened by either walls, fencing or landscaping to a height
of six feet on three sides with a gate on the fourth side. All sites
shall be kept free of loose trash and debris.
8.
Signs.
A.
General.
(1)
Maintenance.
(a)
All signs shall be
properly maintained so as to present a legible appearance. All signs
shall be maintained in good repair. All inoperative, broken, excessively
weathered, or faded signs shall be repaired or removed.
(b)
All temporary signs
shall be removed at the expiration of the event or sale for which
they were erected.
(2)
Prohibited signs.
(a)
No sign be erected
or maintained so as to be distractive or hazardous, or to obstruct
visibility with respect to the safety of motorists or pedestrians
proceeding along any public way or entering or leaving a lot.
(b)
No banners, streamers,
pennants, balloons, flags (other than national, state and/or municipal
flags) are permitted.
(3)
Vacation. All signs, other
than the permitted "for sale" or "for rent" signs shall be removed
from the zoning lot within 30 days of the closing or vacation of any
business formerly located in the WDD.
(5)
Off-premises signs. Off-premises
signs shall be permitted throughout the WDD.
(6)
Overall development signage.
Signs containing the name of the overall development may be located
on the existing approximately 250 feet tall steel stack located west
of the Homestead High Level Bridge and on monument signs, which shall
be limited to 15 feet in height and located at major entrances to
the WDD. Additional signage announcing the entire WDD development
may be approved by the Council.
B.
Residential communities.
(1)
The following signs shall
be permitted in any residential community, subject to the following
conditions:
(a)
Monument signs. One
such sign for each access point to a public right-of-way. Each sign
shall not exceed 50 square feet in total surface area per side and
shall not exceed 10 feet in height or be closer than 10 feet to any
public right-of-way. Letters shall not exceed 18 inches in height.
(b)
Identification signs.
Not more than one such sign shall be permitted for each multifamily
dwelling structure containing more than five dwelling units, clubhouse/leasing
office or any recreational facility ancillary to a residential community.
Each sign shall not exceed eight square feet in total surface area
per side and shall not be closer than 10 feet to any property line.
Such signs shall be permitted to display address information and hours
of operation.
(c)
Illuminated signs.
Externally or internally illuminated signs provided that the lighting
source is not visible from any dedicated public right-of-way and no
glare is generated by any such sign.
(d)
Temporary signs. Temporary
signs may be permitted for a period not to exceed 14 consecutive calendar
days and not more than 28 calendar days in any one calendar year.
There shall be no limit as to the number or size of temporary signs,
except that such signs must be located on the lot of the business
whose opening, sale, or ownership is being advertised, and that such
signs shall not constitute a hazard or impediment to vehicular and
pedestrian traffic.
(e)
Directional signs.
Only two directional signs are permitted per curb opening. Any such
directional sign may not exceed two square feet in total surface area.
(f)
Awning signs. Signs
on awnings are exempt from the limitations imposed by this Part regarding
the location of the signs with respect to the public right-of-way.
An awning sign shall be affixed flat to the surface of the awning,
shall not be illuminated, and shall indicate only the name and/or
address of the business, and shall otherwise conform to the regulations
outlined under this Part.
(g)
Real estate signs shall
be limited to one such sign for each access point to a public street
and may be located in a required front yard. Such sign shall not exceed
10 square feet in total surface area, 10 feet in height, and shall
not be closer than five feet to any private property line or public
right-of-way.
(h)
Development signs.
(i)
Other than real estate
and development signs, signs shall not include identification of the
owner, developer, builder or realtor.
(j)
Neon signs shall be
permitted.
(2)
Exceptions. Applications
may vary from the above signage requirements when it can be demonstrated
that special circumstances exist, subject to approval from Council.
C.
Commercial, office and industrial
uses.
(1)
Permitted sign area for
each sign in a commercial, office or industrial use shall be 10% of
the total area of the front building facade of that use (building
height x building width x 0.10 = permitted sign area). Permitted sign
area shall be increased by 25% for uses having frontage on more than
one public right-of-way. Permitted sign area may be used for any of
the following signs:
(a)
Flush-mounted wall
sign. Not to exceed 75% of the total permitted sign area. Such signs
may be located on any wall and shall be architecturally integrated
into the overall design of the building.
(b)
Pylon signs. Individual
user/tenant panels shall not exceed 250 square feet of sign area per
side. Such signs shall be limited to users/tenants situated on parcels
equal to or greater than three acres in size. The number of nylon
signs within the WDD shall be limited to the number of access points
to public rights-of-way.
(c)
Monument signs. Shall
be limited to 50 square feet of sign area per side per each street
frontage. Such signs shall be limited to users/tenants situated on
parcels less than three acres in size.
(d)
Menu boards. In addition
to other signs, a fast-food restaurant may provide a menu board for
drive-through customers. A menu board shall not be located within
the required front yard setback area, shall not exceed 20 square feet
in total surface area, and shall not impede the safe flow of traffic.
(e)
Automotive service
stations.
1)
Not more than two
price signs may be attached to the permitted freestanding sign. The
area of these signs shall be included in the total permitted signage
surface area. The total surface area of all freestanding signs shall
not exceed 50 square feet per side.
2)
Additional signs are
permitted on and above gasoline pump islands, provided they do not
extend beyond the edge of the island and are within 15 feet of the
ground. The total surface area of all permitted freestanding and pump
island signs shall not exceed 200 square feet.
3)
State inspection shingles,
where applicable, shall not exceed 24 inches by 26 inches in dimension
and may be flush-mounted on the structure.
(2)
The following signs shall
be permitted but will not count towards permitted sign area:
(a)
Window graphic signs.
(b)
Projected or projecting
signs.
(c)
Development signs.
(d)
Temporary signs. Temporary
signs may be permitted for a period not to exceed 14 consecutive calendar
days and not more than 28 calendar days in any one calendar year.
There shall be no limit as to the number or size of temporary signs,
except that such signs must be located on the lot of the business
whose opening, sale, or ownership is being advertised, and that such
signs shall not constitute a hazard or impediment to vehicular and
pedestrian traffic.
(e)
Directional signs.
Only two directional signs are permitted per curb opening. Any such
directional sign may not exceed two square feet in total surface area.
(f)
Awning signs. Signs
on awnings are exempt from the limitations imposed by this Part regarding
the location of the signs with respect to the public right-of-way.
An awning sign shall be affixed flat, to the surface of the awning,
shall not be illuminated, and shall indicate only the name and/or
address of the business, and shall otherwise conform to the regulations
outlined under this Part.
(g)
Marquee signs. One
such sign shall be permitted for each use and shall not exceed one
foot in depth or five square feet in area per side.
(h)
Real estate signs.
Shall be permitted for each business, may be located in a required
front yard, and shall be limited to 10 square feet in area per side
and shall be set back a minimum of five feet from any property line.
(3)
Pylon signs shall be limited
to 500 square feet of total sign area per side in size and a maximum
height of 45 feet as a permitted use, with any sign in excess of 45
feet requiring approval as a conditional use.
(4)
Monument signs shall be
limited to 50 square feet of total sign area per side and a maximum
height of 10 feet.
(5)
Exceptions. Applications
may vary from the above signage requirements when it can be demonstrated
that special circumstances exist, subject to approval from Council.
D.
Location of signs.
(1)
All portions of pylon
signs shall be set back a minimum of 30 feet from any dedicated public
right-of-way.
(2)
All portions of monument
signs shall be set back a minimum of 10 feet from any dedicated public
right-of-way.
(3)
A sign shall be placed
so as not to interfere with the safe, regular and orderly flow of
pedestrian and vehicular traffic.
(4)
Flush-mounted signs shall
be permitted on all sides of a building provided they are in conformance
with the requirements contained herein.
(5)
Freestanding signs shall
be permitted in any yard area provided they are in conformance with
the requirements contained herein.
E.
Illumination.
(1)
Indirectly illuminated
signs are permitted provided that the lighting source for indirectly
illuminated signs and shall not be visible from any dedicated public
right-of-way.
(2)
Internally illuminated
signs are permitted. No glare shall be generated by any such sign.
(3)
Electronic time/temperature
and/or message board signs are permitted subject to the other regulations
of this Part.
(4)
Neon signs are permitted.
9.
Density - Residential Uses.
The maximum dwelling unit density in the WDD shall be 50 units per
acre.