Munhall City Zoning Code
ARTICLE I
Introduction
§ 440-1 Title.
This chapter shall be known and may be cited as the "Munhall Zoning Ordinance" or the "Munhall Zoning Code," and the zoning district map shall be known and designated as the "Munhall Zoning Map" or the "Official Zoning Map."
§ 440-2 Statement of purpose.
The purpose of this chapter is:
A.
To promote the public health, safety, comfort, convenience and welfare.
B.
To encourage the most appropriate use, reuse and development of land throughout the Borough of Munhall.
C.
To enhance, conserve and stabilize the value of property.
D.
To prevent the overcrowding of land and buildings.
E.
To encourage and facilitate the orderly growth, expansion, development and redevelopment of the Borough.
F.
To protect the property rights of all individuals by assuring the compatibility of uses and practices within districts.
G.
To discourage congestion on public streets, roads and highways.
H.
To provide protection against fire, panic or other dangers.
I.
To provide for adequate open space for light and air.
J.
To facilitate the provision of public utilities and public services.
K.
To provide for adequate privacy and convenience of access to property.
L.
To protect and conserve life, property and natural resources.
M.
To conserve the expenditure of Borough funds for public improvements.
N.
To divide the Borough into zones and/or districts restricting and regulating herein the location, construction, reconstruction, alteration and use of buildings, structures and land for residential, commercial, industrial and other uses.
O.
To regulate additions to, alterations to, or the remodeling of existing buildings or structures such as would not otherwise comply with the restrictions and limitations hereinafter imposed.
P.
To provide for the gradual elimination of those uses of land, buildings and structures which do not conform with the standards of the district in which they are located.
Q.
To encourage the efficient circulation of vehicular and pedestrian traffic in public rights-of-way by providing for adequate off-street parking for vehicles and for adequate off-street loading facilities for commercial vehicles.
R.
To define and limit the powers and duties of the administrative officers, boards and commissions of the Borough.
S.
To provide for the administration and enforcement of this chapter, including the provision of penalties for its violation.
T.
For any other purpose provided in this chapter, the statutes of the Commonwealth of Pennsylvania, or under common law rulings.
§ 440-3 Intent.
This chapter pledges the intention of the Borough, its officers, boards and commissions:
§ 440-4 Community development objectives.
[Amended 9-17-1997 by Ord. No. 1414; 12-29-1997 by Ord. No. 1420]
The Borough of Munhall's generalized land use and development objective is to promote the highest and best use of the land in the Borough in a manner which is consistent with the following specific objectives:
A.
Residential objectives.
(1)
To maintain, enhance and upgrade the Borough's established residential areas.
(2)
To provide for a diversity of housing types meeting the needs of various age and income groups while assuring that each type of housing develops in appropriate locations consistent with existing neighborhood character and site suitability.
(3)
To prevent the intrusion of incompatible land uses into residential areas.
(4)
To promote the use of previously used but currently vacant residential infill sites, as follows:
(a)
To encourage the reuse and/or redevelopment of these sites for the development and/or expansion of compatible land uses, buildings and/or structures.
(b)
To develop strategies for promoting the reuse of these sites in a manner that is consistent with the Borough's Comprehensive Plan and land use planning objectives.
(c)
To establish performance standards which include provisions for adequate traffic access, parking, utility connection and usage, landscaping, buffer areas and signage and which regulate traffic, noise and similar negative environmental effects.
(5)
To support the development of a residential/professional office district in which a mix of residential uses, professional offices and personal services in areas separating high-volume traffic corridors from residential neighborhoods.
B.
Commercial objectives.
(1)
To support and encourage the continued development of the Eighth Avenue and Main Street business districts while recognizing the importance of maintaining the mixed-use (residential, office, personal services, and retail commercial) character of the Main Street district.
(2)
To encourage the establishment of a limited number of suitable locations on arterial streets bordering residential areas for convenience commercial uses to serve nearby residential neighborhoods.
(3)
To ensure the provision of adequate off-street parking and loading facilities for all new commercial development.
(4)
To promote the expansion of existing off-street parking and loading facilities where needed for existing commercial development.
C.
Riverfront Development District objectives.
(1)
To support and encourage expansion of the Borough's economic base through the quality redevelopment of the former USX site on the Monongahela River by encouraging the development and expansion of well-planned mixed land uses (commercial, residential and/or flex office space) in the RDD.
(2)
To develop strategies for promoting the development of the RDD in a manner that is consistent with the Borough's overall land use objectives.
(3)
To establish development and performance standards for the RDD which include provisions for adequate access, off-street parking and loading, buffer areas, landscaping and signage, as well as standards to prevent air, noise and water pollution and similar negative environmental effects.
D.
Community facilities and services objectives.
(1)
To assure that all areas of the Borough have reasonable access to public utility services (water, sewage, gas, electric, etc.) and that the future use, reuse, development and/or redevelopment in the Borough includes provisions for the proper extension and/or upgrading of these services, as needed.
(2)
To maintain and upgrade Borough streets and to plan for the orderly extension of streets to serve areas scheduled for development.
(3)
To ensure that all areas of the Borough are well served by police, fire, emergency medical and other municipal services.
E.
Environmental resources objectives.
(1)
To recognize the Monongahela River as an important resource for the Borough.
(2)
To develop standards which limit the use and development of sensitive environmental areas in the Borough, such as floodplains, steep slopes (over fifteen-percent grade), landslide-prone areas, and other undeveloped areas which have unique environmental barriers to development.
(3)
To develop standards which minimize potential hazards from inadequately controlled stormwater runoff and excessive soil erosion and/or sedimentation resulting from the alteration of the land associated with development-related activities.
§ 440-5 General provisions.
A.
Interpretation.
(1)
Wherever the regulations within this chapter are at variance with other lawfully adopted rules, regulations, deed restrictions or covenants, that regulation, rule, ordinance, deed restriction or covenant which imposes the more restrictive requirement(s) shall prevail and govern.
(2)
No structure or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and further, to the extent that said unlawful structure or use is in conflict with the requirements of this chapter, said structure or use shall remain unlawful hereunder.
B.
Validity. Should any section or provision of this chapter be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof. And the parts or sections remaining shall remain in full force and effect, as if the part or section declared unconstitutional had never been a part thereof.