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Munhall City Zoning Code

ARTICLE IX

Conditional Uses

§ 440-60 General conditions.

All conditional uses shall be subject to the specific applicable conditions and procedures outlined under this article, including the following:
A. 
Submission and approval of a preliminary and final site plan, if requested.
B. 
Compliance with any other conditions imposed by provisions of this chapter regarding the 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.
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 for permitted uses.

§ 440-61 Procedures.

The procedure for requesting approval of a conditional use is as follows:
A. 
A written application and a preliminary site plan shall be filed with the Zoning Officer. The application shall be of a form approved by the Borough. The preliminary plan shall address itself to all applicable conditions for the particular conditional use.
B. 
The site plan and application shall be reviewed by the Zoning Officer, and a public hearing before the Planning Commission shall be set by the Commission within 45 days of the filing of the preliminary plan and application.
C. 
Notice of the Commission hearing shall be advertised in accordance with the provisions of the MPC.
D. 
The Commission shall, at the hearing, examine the preliminary plan and listen to relevant testimony from the owner of the property or his agent, the Zoning Officer and any interested citizen. The Commission shall have the right to pose necessary questions to any of the above parties.
E. 
The Commission shall, within 14 days of its hearing, forward a written recommendation to the Council along with the preliminary plan and application. This recommendation shall either recommend the approval of the conditional use request, disapproval or approval conditioned upon specified changes or conditions.
F. 
The Council shall hold a public hearing on the conditional use request in accordance with the provisions of the MPC. The hearing shall be conducted by Council or Council may appoint any member or an independent attorney as a hearing officer. The decision or, where no decision is called for, the findings shall be made by Council. However, the appellant or the applicant, as the case may be, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by Council and accept the decision or findings of the hearing officer as final. In granting a conditional use, Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
The Council shall, at the hearing, examine the preliminary plan and the recommendation by the Commission. The Council shall also hear relevant testimony from the owner of the property or his agent, or the Zoning Officer, if desired, and any interested citizens, and shall have the right to pose necessary questions to any of the above parties. The Council may request the submission of a final plan, if deemed necessary.
H. 
Council shall render a written decision or, when no decision is called for, make written findings on the conditional use application within 45 days after the last hearing before Council. Where the application is contested or denied, each decision shall be accompanied by findings of fact or conclusions based thereon, together with any reasons therefor. Conclusions based on any provisions of the chapter, the Pennsylvania Municipalities Planning Code, as amended, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. Council shall have the right to adopt, modify or reject the specific changes or conditions recommended by the Commission.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
(2) 
That approval of the proposed conditional use will serve the best interests of the Borough, the convenience of the community, and the public health, safety and welfare.
(3) 
That the approval of the proposed conditional use is consistent with the logical, efficient, and economic extension of public services 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. 
Where Council fails to render the decision within the period required by the subsection or fails to commence, conduct or complete the required hearing as provided in § 440-86C(1) of this chapter [§ 908(1.2) of the Municipalities Planning Code[3]], the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of Council to meet or render a decision as hereinabove provided, Council shall give public notice of the decision within 10 days from the last day it could have met to render a decision in the same manner as required by the public notice requirements of this chapter and the Pennsylvania Municipalities Planning Code, as amended. If Council shall fail to provide such notice, the applicant may do so. 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.[4]
[3]
Editor's Note: See 53 P.S. § 10908(1.2).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. 
Appeals from the decision of the Council are governed by the applicable provisions of the Pennsylvania Municipalities Planning Code.

§ 440-62 General provisions.

A. 
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 reexamination 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.
B. 
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.
C. 
Minor changes in design or specifications of an approved conditional use which do not constitute an expansion of the conditional use may be approved administratively.
D. 
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 § 440-61 of this article. 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.

§ 440-63 Specific conditions.

[Amended 3-19-1997 by Ord. No. 1409]
In order for a particular conditional use to be eligible for approval by Council under this article, the following specific conditions shall be met:
A. 
Residential zoning districts.
(1) 
Quasi-public uses (R-1, R-2, R-3 and R-4).
(a) 
Minimum lot size: two acres.
(b) 
Minimum frontage (lot width): 300 feet.
(c) 
Minimum lot depth: 250 feet.
(d) 
Maximum lot coverage. The total area of the lot covered by buildings, parking lots and vehicular accessways shall not exceed 50% of the total lot area.
(e) 
Landscaping and green areas. At least 40% of the total lot area shall be designated as a green area, landscaped and otherwise maintained throughout the term of the use as open space.
(2) 
Public library (R-3 and R-4).
(a) 
Minimum lot size: one acre.
(b) 
Minimum frontage (lot width): 200 feet.
(c) 
Minimum lot depth: 210 feet.
(d) 
Maximum lot coverage. The total area of the lot covered by buildings, parking lots and vehicular accessways shall not exceed 60% of the total lot area.
(e) 
Landscaping and green areas. At least 30% of the total lot area shall be designated as a green area, landscaped and otherwise maintained throughout the term of the use as open space.
(3) 
Cemetery (R-4).
(a) 
Minimum lot size: 10 acres.
(b) 
Minimum frontage (lot width): 400 feet.
(c) 
Minimum lot depth: 400 feet.
(d) 
Shall have frontage upon and direct vehicular access to one or more arterial streets.
(e) 
Minimum front, side and rear yard setbacks (buffer areas): 15 feet.
(f) 
No mausoleum shall be constructed which:
[1] 
Exceeds 35 feet in height.
[2] 
Is located closer than 50 feet to any street right-of-way line.
[3] 
Is located closer than 100 feet to any other property line which is not also a street right-of-way line.
(4) 
Telecommunications signal receiving, transmission or relay tower (all residential districts).
(a) 
Minimum lot size. The same as that required of other principal uses in the same district or subdistrict.
(b) 
Maximum tower height above the finished grade, including any and all projecting antennas supported by the tower, shall not exceed the documented, reviewed and approved minimum height required in order to provide proposed service.
(c) 
The minimum setback distance from all property lines shall be a distance which is equal to or greater than the total height of the tower, including any and all projecting antennas supported by the tower.
(d) 
Any such use may be approved and permitted as either a principal or accessory use.
(e) 
The person proposing the use shall supply the Borough with written documentation that the tower meets all applicable Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) requirements and regulations.
(f) 
The lighting of any such tower where not required by the FCC or the FAA shall be prohibited.
(g) 
Any such tower shall be painted either dark brown or dark green, and the painted surface shall be inspected and maintained on a regular basis.
(h) 
In order to discourage the unnecessary, unsightly and potentially dangerous proliferation of towers, whenever and wherever practical, antennas should be co-located on already existing towers.
(i) 
The applicant shall be required to notify the Borough if the use of the tower is for any reason discontinued in the future. Any such tower shall be removed and the property completely restored if any such use is for any reason discontinued for a period of 90 days or more.
(j) 
The structural integrity of any such tower shall be assured through the regular periodic inspection and comprehensive maintenance of the tower by the applicant for approval of this use in accordance with the applicable local, state and federal requirements.
(k) 
No such tower may be situated closer than 1/2 mile from any previously approved or existing tower which could also accommodate the proposed use and meet the telecommunications needs of the applicant. No consideration for a waiver of this requirement shall be given by the Borough to an applicant based upon any alleged financial hardship which may arise relating to negotiations between persons in an attempt to secure the rights to co-locate antennas on a common tower.
(l) 
Any person proposing to erect any such tower shall be required to submit a location survey prepared by a registered surveyor which shall minimally include the location of the tower, supporting guy wires and wire tie-downs, all existing structures on the same lot, and all lot lines and the distances from the tower to all existing structures on the same lot.
(m) 
The Borough reserves the right to impose such other requirements as it may deem appropriate, provided that these requirements do not conflict with the Telecommunications Act of 1996, as may be amended in the future.
B. 
Business/commercial zoning districts.
(1) 
Hospital (B-1 and B-2).
(a) 
Minimum lot size: five acres.
(b) 
Minimum frontage (lot width): 300 feet.
(c) 
Minimum lot depth: 300 feet.
(d) 
Maximum lot coverage. The total area of the lot covered by buildings, parking lots and vehicular accessways shall not exceed 75% of the total lot area.
(e) 
Landscaping and green areas. At least 20% of the total lot area shall be designated as a green area, landscaped and otherwise maintained throughout the term of the use as open space.
(f) 
Shall have frontage and direct vehicular access to one or more arterial streets.
(g) 
Shall be set back at least 100 feet from any adjacent residential district or use.
(h) 
Shall be set back at least 50 feet from any nonresidential district or use.
(i) 
The minimum building setback shall be 50 feet from all property lines.[1]
[1]
Editor's Note: Original Part 9, § 4B(2), Adult entertainment establishment (B-2), which immediately followed this subsection, was repealed 9-27-2006 by Ord. No. 1509.
(2) 
Telecommunications signal receiving, transmission or relay tower. The same conditions listed for telecommunications signal receiving, transmission or relay tower under Subsection A of this section shall apply, except that the color of the tower shall not be regulated.
C. 
Industrial and mixed-use zoning districts.
(1) 
Mobile home park (GS).
(a) 
Minimum lot size: five acres.
(b) 
Minimum frontage (lot width): 200 feet.
(c) 
Minimum lot depth: 300 feet.
(d) 
Maximum lot coverage. The total area of the lot covered by buildings, parking lots and vehicular accessways shall not exceed 60% of the total lot area.
(e) 
Landscaping and green areas. At least 30% of the total lot area shall be designated as a green area and shall be landscaped and maintained throughout the term of the use of the property as a mobile home park.
(f) 
All vehicular accessways and streets shall be either approved and dedicated public streets or approved, improved and maintained private streets.
(g) 
All property within the park shall be held under common ownership.
(h) 
If the park is to be owned by an association of mobile home owners, the CUP request shall be accompanied by copies of all proposed covenants, deed restrictions and maintenance agreements for the park.
(i) 
The CUP request shall be accompanied by a plot plan specifying all proposed fire hydrant locations.
(j) 
Minimum number of pads or mobile homes per park: 24 pads or dwelling units.
(k) 
Maximum density: 10 dwelling units per acre.
(l) 
All proposed common structures or grounds shall be delineated on a plot plan and submitted as a part of the CUP request.
(2) 
Auto wrecking or salvage (GS).
(a) 
Minimum lot size: three acres.
(b) 
Minimum frontage (lot width): 200 feet.
(c) 
Minimum lot depth: 200 feet.
(d) 
All vehicles or other salvage materials shall be stored enclosed entirely within an approved solid fence which is at least six feet in height.
(e) 
Said fence shall be secured at all times when the use is not in operation.
(f) 
No vehicle or other salvage material may be temporarily or permanently stored outside the approved enclosed area of the lot.
(g) 
The vehicles or other salvage materials stored on the lot shall not be visible from any public thoroughfare.
(h) 
Any such use shall have frontage upon and may only be situated upon an arterial street, as herein defined.
(i) 
No such use may be situated upon any lot which directly abuts a residential district or use.
(j) 
No wrecking or salvage operation may take place except when conducted between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday.
(3) 
Junk buildings, shops or yards (GS).
(a) 
Buildings and shops only.
[1] 
Minimum lot area: 5,000 square feet.
[2] 
Minimum lot frontage (width): 50 feet.
[3] 
Minimum lot depth: 100 feet.
[4] 
All junk and other salvage materials shall be stored entirely within an enclosed, secured, approved structure and may not be stored within an open yard anywhere upon the lot.
[5] 
No such use may be situated upon any lot which directly abuts a residential district or use.
[6] 
The hours of operation shall be limited to 8:00 a.m. through 8:00 p.m., Monday through Saturday only.
(b) 
Junkyards, either alone or in conjunction with a junk building or shop. The same conditions outlined herein for auto wrecking or salvage shall apply.
(4) 
Kennel (GS).
(a) 
Minimum lot area: one acre.
(b) 
Minimum lot frontage (width): 200 feet.
(c) 
Minimum lot depth: 200 feet.
(d) 
Any such use may not be situated upon any lot which directly abuts any residential district or use.
(e) 
All animals must be boarded inside an approved, enclosed and sound-insulated structure.
(f) 
All outdoor runways and exercise areas shall be cleaned on a daily basis and kept free of excrement.
(g) 
No animal may be kept overnight in an open yard.
(h) 
All outdoor runways and exercise areas shall be completely enclosed by a secured fence which is not less than six feet in height.
(i) 
It shall only be situated upon an arterial street, as herein defined.
(5) 
Drive-in theater (GS).
(a) 
Minimum lot area: 10 acres.
(b) 
Shall only be situated upon an arterial street, as herein defined.
(c) 
Any such use shall be expressly prohibited from displaying sexually explicit films which are either X-rated under the U.S. motion picture industry's rating standards or which have been ruled as pornographic in any court of law.
(d) 
The screen shall be situated so as not to be visible from any dedicated public street.
(e) 
The sound system shall be such that the soundtrack cannot be heard off site.
(6) 
Adult entertainment establishment (GS and RDD Districts).
[Amended 9-27-2006 by Ord. No. 1509]
(a) 
Minimum lot size: 4,000 square feet.
(b) 
Minimum frontage (lot width): 40 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Maximum lot coverage. The total area of the lot covered by buildings, parking lots and vehicular accessways shall not exceed 80% of the total lot area.
(e) 
Any such proposed use shall be situated not less than:
[1] 
Five hundred feet from any church.
[2] 
One thousand feet from any public or private school.
[3] 
Five hundred feet from any other such use or activity.
[4] 
Two hundred feet from any public transit stop, with any such distance being measured from the closest point on one lot to the closest point on the other.
(f) 
No such establishment shall be open and/or accessible to any person under the age of 21, whether or not the establishment is licensed to serve alcoholic beverages.
(g) 
Any such establishment shall include a double-doored entrance. The inner door shall be posted with a notice cautioning those that choose to enter that there are potentially offensive sexually explicit materials inside.
(h) 
Hours of operation shall be restricted to the following:
[1] 
Monday through Saturday, 9:00 a.m. through 12:00 midnight.
[2] 
Sundays and all federal holidays, 12:00 noon through 12:00 midnight.
(i) 
Nothing inside the establishment shall be visible from outside the establishment.
(j) 
Signage shall be limited to the name of the establishment and the words "adult books," "adult films" or "adult books and films." Signage shall otherwise conform with all other requirements of this chapter.
(k) 
Shall not be situated adjacent to any residential zone or residential use, except where separated from said zone or use by a dedicated public right-of-way.
(l) 
Shall be situated only on an interior lot which has frontage on an arterial street.
(7) 
Distribution facilities (HI and RDD Districts).
(a) 
Minimum lot area: five acres.
(b) 
Minimum lot frontage (width): 300 feet.
(c) 
Minimum lot depth: 300 feet.
(d) 
Any use of this nature shall only be permitted where the applicant is able to address, in writing, to Council's satisfaction, the following issues as they relate to the specific use proposed:
[1] 
Anticipated employment level.
[2] 
Proposed rates of pay and total estimated payroll.
[3] 
Tax-yielding improvements to real property.
[4] 
The application, wherever practical, of related state-of-the-art technologies.
(e) 
An approved state-of-the-art self-contained and/or on-site fire-suppression system is required.
(f) 
If any such use has a loading dock or platform which would otherwise be visible from any public street right-of-way north of SR 837 (Eighth Avenue), it shall be screened from view by an approved, landscaped, earthen mound which is at least six feet in height.
(g) 
All loading docks and/or service areas shall be limited or confined to the rear of any such building.
(h) 
The majority of the accessory off-street parking spaces for any such building shall be located in the building's required front yard.
(i) 
Storage in an open yard, as either a principal or an accessory use, shall not be permitted.
(j) 
The front building facade for any such building shall be designed and constructed as if the building were to be used solely for office space.
(k) 
All off-street parking areas, off-street loading areas, areas for the temporary storage of vehicles and/or trailers, or vehicle-maneuvering areas shall be hard-surfaced and maintained with an approved impervious concrete or asphalt surface.
(l) 
Any such parking, loading, storage or maneuvering area shall have an approved stormwater management plan which includes protection against the potential negative environmental effects created by gasoline, oil, deicing agent, antifreeze and/or other petroleum-based substances.
(8) 
Storage and warehousing facilities (HI and RDD Districts). The same conditions as those listed for distribution facilities situated in the HI and RDD Districts under this article shall apply.
(9) 
Wholesale facilities (HI). The same conditions as those listed for distribution facilities in this district under this article shall apply.
(10) 
Recreational facilities (HI and RDD).
(a) 
Any such facility shall be situated at least 150 feet away from any adjacent industrial district or use.
(b) 
Minimum lot area: five acres.
(c) 
Minimum lot frontage (width): 200 feet.
(11) 
Marinas or recreational boat docking and servicing facilities (HI and RDD):
(a) 
Minimum lot area: five acres.
(b) 
Minimum lot frontage (width): 200 feet.
(c) 
Minimum lot depth: 200 feet.
(d) 
Minimum river frontage: 200 feet.
(e) 
Minimum side yard setback from adjacent riverfront industrial uses: 100 feet.
(f) 
Ownership of the facility and/or its operation may be either for-profit or nonprofit.
(g) 
A minimum of one hard-surfaced parking space shall be provided for every two boat slips.
(h) 
Barges shall not be permitted unless they have been completely converted for recreational use.
(12) 
Residences, multifamily dwellings (RDD), (high density).
(a) 
Limited to garden apartments and/or townhouses.
(b) 
The maximum percentage of land usage within the RDD in Munhall which may be used for this use, if any land is to be put to this use, is 30% of the total area of the RDD on the river side of the mainline railroad tracks paralleling Eighth Avenue or 25 acres, whichever is the lesser total.
(c) 
Minimum lot area: five acres.
(d) 
Minimum lot frontage (width): 300 feet.
(e) 
Minimum lot depth: 200 feet.
(f) 
Minimum setbacks from adjoining industrial or business uses: 100 feet.
(g) 
Landscaping and green areas. At least 30% of the total lot area shall be designated as a "green area" and shall be landscaped and maintained throughout the term of the property's use for residential purposes.
(h) 
Maximum density: 50 dwelling units per acre.
(i) 
Maximum lot coverage: 50%.
(j) 
Shall only be permitted as a part of an approved overall development plan for the entire RDD.
(13) 
Light industry (RDD). The same conditions as those listed for distribution facilities in the RDD District under this article shall apply.
(14) 
Telecommunications signal receiving, transmission or relay tower (all industrial and mixed-use districts). The same conditions listed for this use under Subsection A of this section shall apply, except that the color of the tower shall not be regulated.
(15) 
ARC house or halfway house (RDD).
[Added 9-27-2006 by Ord. No. 1509]
(a) 
All governmental or court-ordered regulations shall be met.
(b) 
All required licenses shall be obtained.
(16) 
Casino (RDD).
[Added 9-27-2006 by Ord. No. 1509]
(a) 
The casino shall be licensed by the Commonwealth of Pennsylvania.
(b) 
The casino shall comply with all governmental regulations of the Commonwealth of Pennsylvania.
(17) 
Methadone treatment facility (RDD).
[Added 9-27-2006 by Ord. No. 1509]
(a) 
A methadone treatment facility shall be located no closer than 500 feet from an existing school, public playground, public park, residential housing area, child-care facility, church, meeting house or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(b) 
A methadone treatment facility shall be licensed by the proper agency of the Commonwealth of Pennsylvania.