Borough of Homestead, PA Waterfront Development District

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:

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.

All necessary utilities, facilities and site improvements are provided in accordance with Borough requirements.

Negative environmental impacts are avoided.

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.

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.

§ 27-1602 Community development objectives.

Development within the WDD should be physically integrated with the community in the following ways:

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.

All utilities should be designated and installed in a manner which insures coordination with the infrastructure systems serving the Borough.

Pedestrian and vehicular access to the riverfront should be provided through the WDD.

Land uses along the riverfront which permit public access to the river should be encouraged.

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.

Development within the WDD should, to the extent possible:

Provide employment opportunities.

Contribute to the creation of a diversified job base within the community.

Contribute to the long-term stability and growth of the community tax base.

§ 27-1603 Definitions.

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:

ACCESSORY USE OR STRUCTURE

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.

ADULT ENTERTAINMENT ESTABLISHMENT

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.

AMUSEMENT ARCADE

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.

ART OR MUSIC STUDIO

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.

ATM

Any automatic teller machine (as used in the finance industry).

AUTO PARTS STORE

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:

Engine oil and lubrication.

Warranty maintenance.

Safety inspections.

AUTOMOBILE OR AUTOMOTIVE SALES AND SERVICE

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.

AUTOMOBILE OR AUTOMOTIVE SERVICE STATION

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:

(1)

Minor vehicle repair work.

(2)

Fast food restaurant or other eating and drinking establishment.

(3)

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.

(4)

Car wash.

(5)

Road maps and other informational materials.

(6)

Public rest rooms.

(7)

Warranty maintenance.

(8)

Safety inspections.

In addition, the following sales and services shall be expressly excluded from the definition:

(1)

Recapping or regrooving tires.

(2)

Painting of any kind.

(3)

Collision work of any kind, including, but not limited to, body and/or frame work.

(4)

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.

(5)

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.

(6)

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.

(7)

The dismantling, salvaging or storage of any vehicle, motor home, mobile home, boat, camper, trailer or other accessory vehicle or used vehicle part.

BANK OR FINANCIAL INSTITUTION

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.

BUSINESS SERVICES

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.

CANOPY

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.

CAR WASH

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.

COMMERCIAL RECREATION

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.

DISH, SATELLITE

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.

DISH-TYPE SATELLITE SIGNAL-RECEIVING ANTENNA OR SATELLITE SIGNAL RECEIVER

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.

DISTRIBUTION FACILITIES

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.

DWELLING

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.

DWELLING, MULTI-FAMILY

Any building or portion thereof containing three or more dwelling units.

ESSENTIAL SERVICES OR ESSENTIAL PUBLIC SERVICES

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.

FENCE

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.

GENERAL COMMERCIAL

Any authorized commercial use which is not included in the definition of commercial recreation, shopping center, retail business or business services.

GROCERY STORE

A retail store, the primary function of which is the sale of staple foods and other basic life necessities.

GROSS FLOOR AREA OR GFA

The sum of the gross horizontal areas of all floors of a building measured between exterior faces of walls.

HOTEL/MOTEL OR APARTMENT HOTEL

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.

LIGHT INDUSTRY

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.

MANUFACTURING

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.

MARINAS AND RECREATION BOAT DOCKING AND SERVICE FACILITIES

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.

MULTI-SCREEN THEATER

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.

MUSEUM

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.

NURSERY

A retail facility or lot used for the nurturing and sale of plants and related materials.

OFF-TRACK BETTING ESTABLISHMENT

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.

OFFICE

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.

OFFICE, ANCILLARY

Any office which is not the principal permitted use of the building, but which provides support services for such principal use.

OFFICE, BUSINESS OR PROFESSIONAL

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.

PASSIVE RECREATION

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.

PERSONAL SERVICES

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.

PILOT MANUFACTURING

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.

PUBLIC UTILITY STRUCTURES

Any administrative, maintenance or service building or structure operated by a public utility which does not meet the definition of "essential services."

RESEARCH AND DEVELOPMENT FACILITY

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.

RESIDENTIAL COMMUNITY

Any group of lots in the WDD containing primarily multifamily dwellings and/or a mix of residential and commercial and/or business uses.

RESTAURANT

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).

RETAIL BUSINESS

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.

ROADSIDE STAND

Any temporary structure designed for the display and/or sale of seasonal products, including agricultural products.

SAFETY SERVICES

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.

SECURITY FACILITY

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.

SHOPPING CENTER

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.

SIGN

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.

SIGN, TYPES

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.

STORAGE FACILITY

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.

SUBSTANTIAL VARIATION

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.

TRANSPORTATION FACILITY

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.

VOCATIONAL SCHOOL

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.

WAREHOUSE

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.

WDD

The Waterfront Development District.

WHOLESALE BUSINESS

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.

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.

§ 27-1604 Permitted uses.

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:

Principal uses. The following principal uses shall be permitted in the WDD:

Amusement arcade.

Art or music studio.

Auto parts store.

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.

Passive recreation.

Personal services.

Pilot manufacturing.

Public utility structure.

(27)

Research and development facility.

Restaurant.

Retail business.

Safety services.

Security facility.

Shopping center.

Storage facility.

Time/temperature and message board signs.

(35)

Transportation facility.

(36)

Vocational school.

(37)

Warehouse.

(38)

Wholesale facility.

Accessory uses. The following accessory uses shall be permitted in the WDD:

Car wash, ancillary to automotive service station.

Child's playhouse, garden house, gazebo, private residential swimming pool, tennis court or similar private recreational facility, and private greenhouse, ancillary to multifamily dwelling.

Employee restaurants and cafeterias which are not open to the general public, when located in a permitted office or commercial building.

Fences.

Garage, carport, shed or building for domestic storage, or storage of a boat, trailer, camper or similar recreational vehicle, ancillary to a multifamily dwelling.

Off-street parking and loading facilities.

Office, ancillary.

Radio, television or satellite dish and dish-type signal-receiving antenna or satellite signal receiver.

Signage, including shared signage and off premises signage.

Storage:

(1)

Inside. Only when clearly ancillary and only when contained within an enclosed building.

(2)

Outside. Only on the same lot or parcel of ground as the use to which it is ancillary, only when clearly ancillary, and only when within a fenced area.

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.

Vehicle service and maintenance.

Other customary accessory uses and structures.

§ 27-1605 Prohibited uses.

The following uses shall be specifically prohibited in the WDD:

Adult entertainment establishment.

Arsenals.

Billboards.

Coal, bones, wood, or tar distillation.

Coke ovens.

Fish smoking or curing.

Funeral homes.

Garbage disposal or incineration.

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.

§ 27-1606 Conditional uses.

The following uses shall be permitted conditional uses in the WDD:

Roadside stands.

Flashing, animated or moving signs not included as permitted uses.

Pylon signs in excess of 45 feet high.

§ 27-1607 Development plan requirements.

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.

Procedures.

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.

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:

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.

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.

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.

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.

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.

(2)

Flashing, animated or moving signs in the WDD:

(a)

May only be situated upon property which has frontage on Waterfront Drive, Amity Street or Bridge Street.

(b)

May not serve to detract from the aesthetics of the development or pose a danger to the smooth flow of pedestrian and vehicular traffic.

(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.

§ 27-1608 Site development standards.

The following site development standards are hereby established for all permitted principal and accessory structures and uses in the WDD:

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.

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.

Required setbacks.

Public roadways. Along all public roadways, a minimum setback of 30 feet for all parking and buildings shall be required.

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.

Railroad. No structure may be located within 30 feet of any railroad right-of-way line.

Other. All other setbacks can be a minimum of zero feet.

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.

Height. The maximum building height shall be seven stories and 84 feet.

Off-street parking requirements.

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).

Building square footage shall be measured as the gross floor area.

Minimum parking space shall be nine feet by 18 feet.

Minimum drive aisle shall be 20 feet.

Landscaping.

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.

Within any front yard setbacks, tree planting shall be required at a density of one tree per every 30 lineal feet of frontage.

Minimum size of required trees:

(1)

Deciduous trees: 2 1/2 inches minimum caliper.

(2)

Ornamental trees: 2 1/2 inches minimum caliper.

(3)

Evergreen trees: six to seven feet minimum height.

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

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.

Lighting.

All external outdoor lighting shall be cutoff style fixtures.

All external outdoor lighting fixtures to be used within a WDD subarea shall reflect a similar design character.

Maximum height of outdoor lighting fixtures shall be 28 feet.

Signs.

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.

(4)

Exemptions.

(a)

Traffic signs for all public and private streets, including but not limited to, street names, stop signs, and yield signs shall be exempted from this § 27-1608.

(b)

Any recreational use open to the public without charge shall be exempt from the requirements of this § 27-1608.

(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.

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.

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.

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.

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.

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)

(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.

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.

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.

Density - Residential Uses. The maximum dwelling unit density in the WDD shall be 50 units per acre.