[Ord. No. 745, 1/13/2026]
1. 
All conditional uses shall be subject to the specific applicable conditions and procedures outlined under this Part, including the following:
A. 
Compliance with the provisions of Part 17 of this chapter and submission and approval of a preliminary plan and final plan, if requested.
B. 
Compliance with any other conditions imposed by provisions of this chapter regarding the specific or particular conditional use.
C. 
Any other applicable regulations, whether in this or any other Borough ordinance, or any county, state, or federal regulations, which would supersede this chapter.
D. 
Any other general or specific conditions imposed by the Council, which are deemed necessary for the promotion of the public health, safety, and/or welfare. Particularly those relating to the specific site upon which the use is proposed.
E. 
The Council may increase or decrease bulk and area regulations, performance standards, and parking requirements that might otherwise be applicable or permitted uses.
[Ord. No. 745, 1/13/2026]
1. 
The procedure for requesting approval of a conditional use is as follows in accordance with the MPC:[1]
A. 
A written application and a preliminary plan shall be filed with the Zoning Officer. The application shall be of a form approved by the municipality.
B. 
The application shall be reviewed by the Zoning Officer and a public hearing before the Planning Commission shall be set by the Commission.
C. 
Before conducting a hearing, the governing body must give public notice of the hearing. "Public notice" required by the MPC for a conditional use application hearing is stricter than notice required by the Sunshine Act.[2] The public notice must be published once each week for two successive weeks in a newspaper of general circulation in the municipality, no earlier than 30 days and no fewer than seven days before the hearing. Section 1909 of the Statutory Construction Act of 1972, 1 Pa.C.S.A. § 1501 et seq., provides that "successive weeks" means calendar weeks. It further provides that while publication upon any day of such weeks is sufficient, at least five days shall elapse between each publication. Section 1908 of the Statutory Construction Act further provides that the five-day interval should be computed excluding the first day and including the last day of the five-day period.
[2]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
D. 
In addition to the published notice, the municipality must give written notice of the hearing to the applicant, the Zoning Officer, any person designated by the zoning ordinance to receive such notice, and any person who has made timely request for the notice.
E. 
Notice shall also be conspicuously posted on the affected tract of land at least one week (seven days) prior to the hearing. While the MPC does not define or establish guidelines for "conspicuous posting" of the required written notice, the clear intent of the provision is that the posted notice generally apprise the pubic of the requested relief or action. Relevant considerations to posting would include its location along a point along the property's frontage abutting a road and size, color, or format that would garner the attention of the pedestrian or traveling public, as circumstances dictate. All the notices must state the time and place of the hearing and the matter to be considered at the hearing.
F. 
A written decision (or written findings if no decision is called for) is required. When the application is contested or denied, Section 913.2(b)(1) of the MPC[3] requires that the decision shall include findings of fact or conclusions based thereon, together with any reasons thereof. The MPC specifically requires that any conclusions shall reference the provisions of the MPC or the zoning ordinance relied on and the reasons why the conclusion is deemed appropriate in light of the facts found. The written decision must be issued within 45 days of the last hearing on the conditional use application, unless an applicant has agreed in writing or on the record to an extension of time.
[3]
Editor's Note: See 53 P.S. § 10913.2(b)(1).
G. 
The written notice must be delivered to the applicant personally or mailed to him or her not later than the day following its date of issuance. Brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined must also be provided by mail or otherwise to any other person who has filed their name and address with the governing body not later than the last day of the hearing.
H. 
Borough Council shall approve or disapprove the conditional use request. Council shall have the right to adopt, modify, or reject the specific changes or conditions recommended by the Commission. If Council disapproves the conditional use request, the reasons for disapproval will be stated.
I. 
A conditional use shall not be approved unless Council determines:
(1) 
That the proposed conditional use will not substantially injure or detract from the use of neighboring property, or from the character of the neighborhood, 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 of West Homestead; the convenience of the community; and the public health, safety, and welfare.
(3) 
That the effect of the conditional use will facilitate the logical, efficient, and economic extension of public service and facilities, such as public water, sewers, police and fire protection, and public schools.
J. 
A majority vote of the Borough Council is required for approval.
K. 
The property owner or his agent, the Commission, and the Zoning Officer shall receive written notification of Council's decision. Any other interested party may, at the hearing, also request receipt of the written notification. In any case, the written notification shall be sent promptly following Council's decision.
L. 
Appeals from the decision of the Council are governed by the applicable provisions of the Pennsylvania Municipalities Planning Code.[4]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 745, 1/13/2026]
1. 
When a request for the approval of a conditional use has been denied by the Council, no subsequent request for that same use may be refiled with the Zoning Officer for a period of at least one year from the date of denial. The only exception to this provision shall be if the landowner, or his agent, can show to the satisfaction of the Zoning Officer a substantive change in circumstances regarding the property, which would warrant re-examination of the request within the one-year limitation. A written explanation of the change in circumstances shall be submitted, along with a conditional use application, to the Zoning Officer.
2. 
An approved conditional use shall be completed within two years following the date of approval. However, the Zoning Officer may grant an extension of time if the landowner, or his agent, requests such an extension, and if good cause for the extension is shown to the Zoning Officer's satisfaction. There are no other exceptions to this rule. If, at the end of the two-year period, the conditional use is not completed, and if no extension has been granted, the approval of the conditional use shall be null and void unless renewed by Council.
3. 
Minor changes in design or specifications of an approved conditional use, which in no way constitute an expansion of the conditional use, may be tentatively approved by the Zoning Officer upon receipt of a written request. If such a change is tentatively approved, the Zoning Officer shall notify each member of the Commission in writing within seven days of the approval. If any member of the Commission elects to challenge the approval, he/she shall do so in writing within seven days of receipt of the notice of the approval. If a proper challenge is made by any member of the Commission, the matter shall come before the full Commission for approval. The Commission may at that time elect to hold a second public hearing on the proposed change. If no challenge is made by a member of the Commission within this time frame, the change shall stand as formally and finally approved.
4. 
Any major change in an approved, but not completed, conditional use, and any change in a completed conditional use which constitutes an expansion of such use, shall be subject to review and approval by Council under the provisions of § 27-1202. An improper expansion is a violation of this chapter and is subject to the penalties of this chapter including, but not limited to, a fine and corrective legal action by the Borough to remove the improper expansion.
[Ord. No. 745, 1/13/2026]
1. 
In order for a particular conditional use to be eligible for approval by Council under this chapter, the following specific conditions shall be met:
A. 
R-1.
(1) 
Adult or Child Day-Care Center.
(a) 
Any such facility may be permitted only when ancillary to an existing church or school which is licensed by the commonwealth.
(b) 
Any such facility serving adults may only be permitted in a situation where those being served do not require nursing care.
(c) 
Any such facility may only provide care for a period of less than 24 hours.
(d) 
Any such facility may only be situated within an existing structure which has a principal use which is directly related to the church or school.
(e) 
Any such use shall be licensed by the commonwealth where licensing is required.
(f) 
Any such use may be permitted only where the church or school is situated upon and has direct vehicular access to an arterial or collector street.
(g) 
Any such facility shall provide at least one off-street parking space for each employee plus one space for every 10 adults or children being served (a minimum of two such parking spaces).
B. 
R-1T.
(1) 
Adult or Child Day-Care Center.
(a) 
Any such facility may be permitted only when ancillary to an existing church or school which is licensed by the commonwealth.
(b) 
Any such facility serving adults may only be permitted in a situation where those being served do not require nursing care.
(c) 
Any such facility may only provide care for a period of less than 24 hours.
(d) 
Any such facility may only be situated within an existing structure which has a principal use which is directly related to the church or school.
(e) 
Any such use shall be licensed by the commonwealth where licensing is required.
(f) 
Any such use may be permitted only where the church or school is situated upon and has direct vehicular access to an arterial or collector street.
(g) 
Any such facility shall provide at least one off-street parking space for each employee plus one space for every 10 adults or children being served (a minimum of two such parking spaces).
(2) 
Apartments.
(a) 
Minimum lot size: one acre.
(b) 
Maximum density: 20 dwelling units per acre.
(c) 
Maximum lot coverage: 40%.
(d) 
Maximum height: 55 feet and five stories.
(e) 
Minimum frontage (lot width): 100 feet.
(f) 
Minimum lot depth: 100 feet.
(g) 
Required Minimum Setbacks for Principal Buildings.
1) 
Front: 20 feet.
2) 
Side: 10 feet.
3) 
Rear: 30 feet.
(h) 
Required minimum side and rear yard setbacks for accessory structures: five feet.
(3) 
Garden Apartments. The same as those listed under Subsection 1.B(2).
(4) 
Multifamily. The same as those listed under Subsection 1.B(2).
C. 
Commercial District (C-1) and Waterfront Development District (WDD)-Other Uses.
(1) 
C-1 and RDD.
(a) 
Motor Vehicle Repair.
1) 
All repairs shall be conducted entirely within an approved enclosed structure. No repair work shall be permitted in an open yard regardless of whether or not said yard is enclosed by a fence, wall, or other enclosure.
2) 
Any such facility shall be sound insulated so as to limit the transmission of noise emanating from the premises to any off-premises location.
3) 
Any such use shall be limited to hours of operation between the hours of 8:00 a.m. and 9:00 p.m. daily.
4) 
The owner of any such use shall be responsible for the daily thorough policing of the subject premises and all surrounding public and private properties of all trash and/or garbage which may have been generated by the subject establishment or its customers.
5) 
Any damaged vehicle or vehicle part(s) shall only be stored entirely within an approved enclosed solid fence or wall. No such vehicle part(s) may be stored in an open yard.
6) 
No vehicle may be stored at any location on the premises for any period of time in excess of 30 days.
7) 
No motor vehicle, boat, camper, trailer or motor vehicle part may be sold or leased, or offered for sale or lease at any time from any location on the premises.