Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1280
Conditional Uses
§ 1280.01 In General.
[Ord. 2121, passed 11-9-1992]
Uses that are designated as conditional uses are generally compatible with other land uses permitted in a zoning district, but, because of their unique characteristics or potential impacts on the surrounding neighborhood or Municipality as a whole, require a determination of appropriateness at a particular location proposed. Such individual consideration may include the imposition of conditions in order to ensure the appropriateness of the use on any particular parcel of land and the compatibility of the use with adjacent uses. Conditional use approval may only be granted for those uses which are expressly listed as conditional uses in the zoning district in which the use is proposed.
All previously designated conditional uses are subject to the express conditions and procedures set forth in this chapter.
§ 1280.02 Conditions.
[Ord. 2121, passed 11-9-1992]
Conditional uses shall fulfill all applicable conditions, as follows:
(a)
Compliance with the provisions of Chapter 1286 and submission and approval of a preliminary plan and final plan, if requested.
(b)
Compliance with any other conditions imposed by provisions of this Zoning Code regarding the particular conditional use.
(c)
Any other applicable regulations, whether in this Zoning Code or any other Penn Hills ordinance, or any County, State, or Federal Regulations.
(d)
Any other conditions imposed by the Council which are deemed necessary for protection of the public health, safety, or welfare.
(e)
The Council may increase or decrease bulk and area regulations, performance standards, and parking requirements that might otherwise be applicable for permitted uses.
§ 1280.03 Procedures.
[Ord. 2121, passed 11-9-1992]
The procedure for requesting a conditional use is as follows:
(a)
An owner of property or any authorized agent of an owner may apply for a conditional use under the provisions of this section. A written application, 12 copies of a preliminary plan or final plant and the appropriate fee, as periodically determined by Council, shall be filed with the Planning Department. All application materials must be filed in the Planning Department at least 32 days before the Planning Commission meeting at which the application will be considered. The application shall be of a form approved by the Municipality. The preliminary/final plan shall be similar to the preliminary site plan as detailed in Chapter 1286. The preliminary/final plan shall address itself to all applicable conditions for the particular conditional use.
(b)
Within five days after receiving an application for conditional use approval, the Planning Department shall determine whether the application is complete. If the Planning Department determines that the application is not complete, the applicant shall be notified of any deficiencies and no further steps will be taken to process the application until the applicant remedies the deficiencies.
(c)
Once an application is determined to be complete, the preliminary/final plans and application shall be reviewed by the Planning Department. Copies of the Planning Department's review, the plans, and the application shall be forwarded to the Planning Commission. A public hearing by the Planning Commission shall be set within 45 days of the filing of a complete application.
(d)
Notice of the Planning Commission hearing shall be advertised in accordance with the advertising policy of the Municipality and the Municipalities Planning Code. The subject property shall be conspicuously posted with a notice of the conditional use request, and the date and time of the Planning Commission meeting and the Council meeting, for at least 14 days before the Planning Commission public hearing.
(e)
The Planning Commission shall, at the public hearing, examine the preliminary/final plan and listen to relevant testimony from the owner of the property or his agent, representatives of the Planning Department, and any interested citizen. The Planning Commission shall pose necessary questions to any of the above parties.
(f)
The Planning Commission shall, within 14 days of the hearing, forward a written recommendation to the Council along with the preliminary/final plan and application. This recommendation shall either approve the conditional use request, disapprove it, or approve it conditioned upon specified changes or conditions.
(g)
The Council shall hold a public hearing on the conditional use request within 45 days of receipt of the recommendation of the Planning Commission. Notice of the hearing is required as specified in Subsection (d) hereof.
(h)
The Council shall, at the hearing, examine the preliminary plan and the recommendation by the Planning Commission. The Council shall also hear relevant testimony from the owner of the property, or his agent, or a representative of the Planning Department, if desired, and any interested citizens, and shall pose necessary questions to any of the above parties. The Council may request the submission of a final plan, if deemed necessary. The final plan shall be similar to the final site plan as detailed in Chapter 1286.
(i)
The Council shall, within 14 days of the hearing, approve or disapprove the conditional use request. If the Council disapproves the conditional use request, the reasons for disapproval should be stated.
(j)
A conditional use shall not be approved unless the Council shall determine:
(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 proposed change of plan is adequately safeguarded.
(2)
That the conditional use will serve to protect the best interests of the Municipality of Penn Hills, 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 services and facilities, such as public water, sewers, police and fire protection, and public schools.
(k)
A majority vote of the Council is required for approval.
(l)
The property owner, or his agent, the Planning Commission, and the Planning Department shall receive written notification of the Council's decision. Any other interested party can, at the hearing, request receipt of the written notification. In any case, the written notification shall be sent promptly following the Council's decision.
(m)
All appeals from decisions rendered by the Council under this section shall be taken to the Court of Common Pleas of the judicial district where the land in issue is located and shall be filed within 30 days after the entry of the decision as provided in 42 Pa.C.S.A. § 5572 (relating to time of entry of order).
§ 1280.04 General Provisions.
[Ord. 2121, passed 11-9-1992]
(a)
Denial of Request. When a conditional use has been denied by the Council, no request for that particular use may be refiled with the Planning Department for at least one year from the date of denial. The only exception to this provision shall be if the landowner, or his or her agent, can show a change in circumstances regarding the property which would warrant re-examination of the conditional use request within the year's limitation. Such showing of changed circumstances shall be submitted in writing, along with a conditional use application, to the Planning Department.
(b)
Completion of Construction. An approved conditional use shall be completed within two years following the date of approval. However, the Planning Department 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. 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.
(c)
Minor and Major Changes. Minor changes in an approved conditional use may be approved in the manner described in § 1286.02(e), including appropriate conditions. Major changes, as defined by the Planning Department Director, shall require the submission of a formal application for a Planning Commission recommendation, and a decision by Council.
(d)
Applicability of Codes at Time of Approval. Notwithstanding any other provision of this Zoning Code, when an application for a conditional use has been filed with the Planning Department, and the subject matter would ultimately constitute either a "land development" or a "subdivision," as defined in § 1240.06, no change or amendment of this Zoning Code or the Subdivision Regulations, as amended, or other ordinances or plans, shall affect the decision on such application adversely to the applicant. The applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they existed at the time the application was filed. Should such an application be approved by the Council, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months, or longer if specifically approved by the Council, following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before the Council. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the review procedures and time limitations applicable to land developments or subdivisions under the Penn Hills Subdivision and Land Development Ordinance.
§ 1280.05 Specific Conditions.
[Ord. 2121, passed 11-9-1992; Ord. 2217, passed 5-7-1995; Ord. 2250, passed 1-8-1997; Ord. 2281, passed 10-7-1997; Ord. 2382, passed 9-18-2002; Ord. 2534, passed 3-7-2011; Ord. 2537, passed 11-14-2011; amended 3-21-2016 by Ord. No. 2016-2585; 11-18-2024 by Ord. No. 2024-2707]
(a)
Churches, Chapels or Other Places of Worship and Adjunct Residential Dwellings.
(1)
Minimum lot size: two acres.
(2)
Lot coverage: total area covered by buildings, parking lots and vehicular accessways shall not exceed 50% of the total lot area.
(3)
Maximum building height: 45 feet.
(4)
Yard requirements:
A.
Front: 50 feet minimum. In the case of corner lots, a fifty-foot minimum yard shall be required on each street which the lots abut.
B.
Side: minimum 30 feet on each side.
C.
Rear: 50 feet minimum.
D.
Whenever the lot line abuts a residential use or district, the setback shall be a minimum of 100 feet from the property line.
E.
As part of the required yards listed above, a transitional yard, containing landscaping, of 25 feet is required along all property lines. The type of plantings or screens used is subject to the Council's discretion.
(5)
Must have access onto an arterial street (or collector road if approved by the Council.)
(6)
Parking areas shall be buffered from all buildings by at least 15 feet of landscaped open space.
(c)
Community Facilities.
(1)
Same as requirements for a church.
(2)
Parking requirements: Not more than 20% of the total gross site area shall be devoted to parking.
(3)
Spaces between buildings: The minimum distance between buildings shall be 50 feet provided, however, that the spacing between a principal and accessory building may be reduced to 35 feet.
(d)
Public and Private Recreation Facilities.
(1)
Direct access to an arterial or collector street.
(2)
Minimum lot size: two acres.
(3)
A minimum of 30% of the site shall be preserved as undeveloped open space.
(4)
Structures and parking areas must be located a minimum of 100 feet from any existing single-family home.
(5)
Recreation facilities must be adequately buffered from adjacent properties by elevation, landscaping, fencing, etc.
(6)
The Municipality may impose limitations on operating hours to protect adjacent properties.
(e)
Family Care Facilities.
(1)
A family care facility must, in every sense, take on an appearance and character of a single-family residential structure, and more particularly, of those homes within the immediate neighborhood.
(2)
Family care facilities shall be located a minimum of 2,500 feet from each other, and 5,000 feet from any group care facility, so as not to increase the overall density, or otherwise adversely affect any particular neighborhood or area.
(3)
Construction of new facilities shall meet all yard, setback, and bulk requirements of the district in which it is located.
(4)
Family care facilities shall be designed for a maximum of six or fewer individuals who are not related to the resident household.
(5)
Family care facilities must supply to the Municipality (and keep current) the name of a manager and/or person responsible for responding quickly to a complaint filed by the Municipality.
(f)
Group Care Facilities.
(1)
Group care facilities shall not be located within 5,000 feet of any existing group care facility or family care facility so as not to impact or adversely affect any particular neighborhood.
(2)
Group care facilities shall be located within a reasonable distance of public transportation, shopping facilities, and community services.
(3)
Group care facilities shall be located only on property which has direct access to arterial streets.
(4)
Group care facilities shall be subject to the development standards and other requirements of Chapter 1286. Conversion of existing structures must meet the development standards required for new construction.
(5)
Group care facilities shall have a minimum lot size of 10,000 square feet.
(6)
A buffer area of 15 feet shall be provided along all adjacent property lines. Type of screening shall be determined by the Council.
(7)
Parking shall be required as follows: One space for every two employees, plus one space for every three residents.
(8)
Group care facilities shall have a minimum of 1,000 square feet of lot area for each resident.
(9)
Group care facilities must supply to the Municipality (and keep current) the name of a manager and/or other person responsible for responding quickly to a complaint filed by the Municipality.
(g)
Schools.
(1)
Shall be licensed and certified by the Board of Education.
(2)
Minimum front yard shall be 50 feet. In the case of a corner lot, a front yard, the depth of which shall be at least 50 feet, shall be required on each street on which the lot abuts.
(3)
For each building there shall be two side yards of not less than 20 feet each.
(4)
A rear yard shall be at least 50 feet.
(5)
Whenever the lot line abuts a residential use or district, the setback shall be a minimum of 100 feet from the property line.
(6)
The minimum distance between buildings shall be 50 feet, provided, however, that the spacing between a principal and accessory building may be reduced to 35 feet.
(7)
There shall be a buffer area of at least 10 feet along all property lines.
(8)
Access shall be from an arterial road (or collector road, where approved).
(h)
Nurseries (Day Care Centers).
(1)
Minimum site: one acre.
(2)
Minimum front yard: 50 feet.
(3)
Minimum side yards: 20 feet.
(4)
Minimum fifteen-foot buffer shall be provided along all property lines.
(5)
Access shall be from an arterial road (or collector road, where approved.)
(6)
Parking: one space for each employee, plus one additional space for each 10 students.
(i)
Senior Citizen Housing.
(1)
Must meet the requirements of Federal, State, and local laws pertaining to housing for the elderly.
(2)
Must meet the requirements of Chapter 1286. Conversion of existing structures must meet the development standard requirements for new construction.
(3)
Minimum size of site shall be one acre.
(4)
Must provide a minimum of 250 square feet of living area per person, excluding all common living areas.
(5)
Must provide full sprinkler system and meet all fire code requirements.
(6)
Cooking and bathing facilities must be provided and available to residents at all times.
(7)
Must provide a common indoor community area that is a minimum of 50 square feet per resident.
(8)
Must provide a common outdoor community/recreation area with facilities suitable to tenants' needs.
(10)
Fire hydrants must be located within a reasonable distance of the facility.
(11)
Must be located within a reasonable distance of public transportation.
(12)
The installation of sidewalks or crosswalks beyond the requirements of Chapter 1278 may be required to provide accessibility to transportation.
(13)
Facility must be located on property with direct access to either collector or arterial streets.
(14)
Must meet the minimum bulk and area requirements for the respective zoning district in which it is located. The Council may vary bulk and area regulations when additional buffering and yard area are proposed.
(15)
Operation of the facility must be under full-time management.
(16)
A laundry service area must be provided.
(17)
Must be located within a reasonable distance of shopping facilities.
(j)
Mixed Residential/Commercial Structures.
(1)
Non-residential uses shall be restricted to those uses otherwise permitted within the respective use district.
(2)
All activity, except for off-street parking and loading, shall be conducted completely within enclosed buildings.
(3)
The total floor space of all residential uses shall not exceed 50% of the floor space for the entire structure.
(4)
Residential uses shall meet the bulk and area regulations applicable to R-5 Districts.
(5)
Parking spaces must be provided separately for residential and non-residential uses.
(k)
Libraries. A library shall meet the standards as described in Subsection (a) hereof, except that in non-Residential Districts there shall be no minimum lot size.
(n)
Half-Way Houses.
(1)
Half-way houses shall not be located within 20,000 feet of any existing half-way house.
(2)
Half-way houses shall be located only on property which has direct access to arterial streets.
(4)
Half-way houses shall have a minimum lot size of 50,000 square feet and a minimum lot area of 5,000 square feet per resident.
(5)
Minimum setbacks shall be 50 feet from each property unless abutting a Single-Family Residential District, in which case the minimum setback shall be 100 feet.
(6)
Half-way houses must supply to the Municipality (and keep current) the name of a manager and/or other person responsible for responding quickly to a complaint filed by the Municipality.
(7)
Half-way houses must be licensed by the appropriate State, Federal, and County agencies when required, but in all cases must be supervised on a twenty-four-hour basis.
(o)
Funeral Homes.
(1)
Minimum lot size: two acres.
(2)
Must have direct access onto an arterial street and shall only have one entrance drive, with the exception of a corner lot.
(3)
Lot coverage: total area covered by buildings, parking lots and vehicular accessways shall not exceed 35% of the total lot area.
(5)
Parking requirements: Not more than 20% of the total gross site area shall be devoted to parking. Parking areas shall also meet the above yard setback requirements.
(6)
Buffer area: A sufficient buffer area must be provided along all property boundaries and parking areas with landscaping, fencing, or other methods suitable to the immediate neighborhood and approved by Council.
(7)
The establishment may or may not be used as a residence.
(8)
Signs should be in compliance with § 1276.01(b).
(p)
Conference Centers.
(1)
Direct access to an arterial street.
(2)
Minimum lot size: 30 acres.
(3)
A minimum of 50% of the site shall be preserved as undeveloped open space.
(4)
Structures and parking areas must be located a minimum of 300 feet from any single-family home.
(5)
Maximum building height shall be 45 feet.
(6)
Outdoor facilities, such as parking, recreation and patios, must be adequately buffered from adjacent properties by elevation, landscaping, fencing, etc.
(7)
The Municipality may impose limitations on operating hours to protect adjacent properties.
(8)
Overnight stay and food services may be provided to conference attendees but not to the general public.
(9)
Residency by the owner and the owner's employees is permitted.
(q)
Sexually Oriented Establishments.
(1)
Proximity to Other Establishments. A sexually oriented establishment shall not be permitted to be located within 1,000 feet of any other sexually oriented establishments whether situate in Penn Hills or otherwise.
(2)
Proximity to Residential Land. No sexually oriented establishment shall be located within 400 feet from any residentially zoned land (excluding Conservation Districts) or lot used principally as a residential use, whether situate in Penn Hills or otherwise. However, at Council's discretion, this distance may be reduced when there is a significant topographical change between the residential use or zoning and the site for the sexually oriented establishment.
(3)
Proximity to Other Land Uses. No sexually oriented establishment shall be located within 1,000 feet of any parcel of land situate in Penn Hills or otherwise which contains any one or more of the following specified land uses:
(4)
Measurement of Distances. The distance between any two sexually oriented establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any sexually oriented establishments and a land use specified in Subsection (q)(3) above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the sexually oriented establishments to the closest point on the property line of said land use.
(5)
Enclosure Required. No materials, merchandise, film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
(6)
Visibility from Outside of Enclosure. Any building or structure occupied as a sexually oriented establishment shall be windowless, or have an opaque covering over all windows or doors of an area in which materials, merchandise, or film is exhibited or displayed, and no materials, merchandise or film shall be visible from outside of the building or structure.
(7)
Signs. Signs for sexually oriented establishments shall contain no photographs, silhouettes, drawings or pictorial representations of any kind.
(8)
Notice Re Minors. Each entrance to the premises, where minors are not permitted either by established policy or law, shall be clearly posted with a notice of a minimum size of 8 1/2 by 11 inches specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
(9)
Conversions, Transfers and Location. No sexually oriented establishment may change to another sexually related facility except upon approval of an additional conditional use. A sexually oriented establishment license shall not be transferred to another, nor may a licensee operate a sexually oriented establishment under the authority of a license at any place other than the address designated in the application.
(10)
License Required. A license shall be required for sexually oriented establishments as follows:
A.
Any person who operates a sexually oriented business without a valid permit issued by the Municipality is guilty of a violation of this Zoning Code.
B.
An application for a permit to operate a sexually oriented business must be made on a form provided by the Zoning Officer. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
C.
The applicant must be qualified according to the provisions of this subsection and the premises must be inspected and found to be in compliance with the law by the Zoning Officer and the Fire Marshal.
D.
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for a permit as applicant.
E.
The fact that a person possesses other types of Municipal permits does not exempt the person from the requirement of obtaining a sexually oriented business permit.
(11)
Issuance of License. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:
A.
An applicant is under 18 years of age.
B.
An applicant or an applicant's spouse or someone the applicant is residing with is overdue in his payment to the Municipality for taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business.
C.
An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
D.
An applicant is residing with a person who has been denied a permit by the Municipality to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
E.
The premises to be used for the sexually oriented business have been reviewed and have been disapproved by either the Zoning Officer or the Fire Marshal as not being in compliance with applicable laws and ordinances.
F.
The permit fee required by Subsection (g)(12) hereof has not been paid.
G.
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this Zoning Code.
H.
An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person in charge of the operation of the applicant's business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this subsection, the person's conviction or release in connection with the sexual misconduct offense must have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.
1.
The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
2.
The Zoning Officer and Fire Marshal shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the Zoning Officer. The certification shall be promptly presented to the Zoning Officer.
(12)
Fees.
A.
Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a non-refundable application and investigation fee in an amount set by resolution of the Mayor and Council.
B.
In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the Municipality an annual non-refundable license fee in an amount set by resolution of the Mayor and Council within 30 days of license issuance or renewal.
C.
Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual non-refundable application, investigation, and license fee in an amount set by resolution of the Mayor and Council.
D.
All license applications and fees shall be submitted to the Department of Code Enforcement for review and investigation and approval or denial.
(13)
Inspection.
A.
An applicant or licensee shall permit authorized Municipal officials and their agents or consultants to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
B.
A person who operates a sexually oriented business or his agent or employee commits a violation of this Zoning Code if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(14)
Expiration of License.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Subsection (q)(11) hereof. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
B.
When the Municipality denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Municipality finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the denial became final.
(15)
Suspension. The Department of Code Enforcement shall suspend a license for a period not to exceed 30 days if the Director determines that a licensee or an employee of a licensee has:
(16)
Revocations and Appeals of Denials, Suspensions or Revocations.
A.
The Department of Code Enforcement shall revoke a license if a cause of suspension as set forth in Subsection (q)(15) hereof occurs and the license has been suspended within the preceding 12 months.
B.
The Department of Code Enforcement shall revoke a license if it determines that:
1.
A licensee gave false or misleading information in the material submitted during the application process;
2.
A licensee has knowingly or negligently allowed possession, use, or sale of controlled substances on the premises;
3.
A licensee knowingly or negligently allowed prostitution on the premises;
4.
A licensee knowingly or negligently operated the sexually oriented business during a period of time when the licensee's license was suspended;
5.
A licensee has knowingly or negligently allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the license premises; or
6.
A licensee is delinquent in payment to the Municipality for any licensing fees past due.
C.
When the Municipality revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the Municipality finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
D.
All license application, renewal, suspension or revocation decisions shall be sent in writing to the applicant or licensee. All such decisions which deny, suspend or revoke a permit shall state specifically the Zoning Code requirement not met and any other basis for the decision. After denial of an application, or denial of a renewal of an application, or after suspension or revocation of any license, the applicant or licensee may appeal pursuant to the Municipalities Planning Code, Act 170.
E.
Any person aggrieved by a decision of the Municipality may appeal to a court of competent jurisdiction. The Municipality shall, upon filing of such appeal, consent to any request by a license applicant or licensee to the court to give expedited review to such appeal. The Municipality shall certify any record to the court within 20 days of any request by the court to do so.
(17)
Transfer of License. A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(18)
Regulations Pertaining to Exhibition of Sexually Explicit Films, Video or Live Entertainment in Viewing Rooms. A person who operates viewing booths or causes them to be operated shall comply with the following requirements:
A.
Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of interior of the premises to an accuracy of plus or minus six inches. The Municipality may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
B.
The application shall be sworn to be true and correct by the applicant.
C.
It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
D.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted to access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. In addition, all viewing booths shall have at least one side fully open so that all of the area inside the booth is open to the view of persons in the public area of the establishment.
E.
It shall be the duty of the licensees to ensure that the view area specified in Subsection (q)(18)D hereof remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (q)(10) hereof.
F.
No viewing room may be occupied by more than one person at any time.
G.
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level.
H.
It shall be the duty of the licensees to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
I.
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
J.
No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
K.
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
L.
The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
M.
The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
N.
A person having a duty under this Subsection (q)(18) commits a violation of this Zoning Code if he knowingly or negligently fails to fulfill that duty.
(20)
Additional Regulations for Nude Model Studios.
A.
A nude model studio shall not employ any person under the age of 18 years.
B.
A person under the age of 18 years commits a violation of this Zoning Code if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person.
C.
A person commits a violation of this Zoning Code if the person appears in a state of nudity, or knowingly or negligently allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
D.
The owner or operator of a nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(21)
Additional Regulations Concerning Public Nudity.
A.
It shall be a violation of this Zoning Code for a person to knowingly and intentionally, in a public place:
B.
For purposes of this Zoning Code, "public place" includes all outdoor areas owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members or restricted to adults or to patrons invited to attend, whether or not an admission charge is levied. This subsection shall not apply to:
1.
Any child under 10 years of age; or
2.
Any individual exposing a breast in the process of breastfeeding an infant under two years of age; or
3.
The exercise of free speech or free expression in the form of artistic and theatrical performances. It is the intention of the Municipality that this subsection be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights.
4.
It shall be a violation of this Zoning Code for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is an employer who, while semi-nude, shall be at least 10 feet from any patron or customer and on a stage at least two feet from the floor.
C.
It shall be a violation of this Zoning Code for an employee, while semi-nude in a sexually oriented business, to solicit or accept any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually oriented business.
(22)
Prohibition Against Children in a Sexually Oriented Business. A person commits a violation of this Zoning Code if the person knowingly or negligently allows a person under the age of 18 years on the premises of a sexually oriented business.
(23)
Hours of Operation. No sexually oriented business shall be open for business before 10:00 a.m., Monday through Saturday, or after 12:00 midnight, Monday through Saturday. Sexually oriented businesses shall be closed at all times on Sundays and legal holidays.
(24)
Exemptions. It is a defense to prosecution under Subsection (q)(21) that a person appearing in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the Commonwealth of Pennsylvania, a college, junior college, or university supported entirely or partly by taxation;
B.
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; and
C.
In a structure:
1.
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
2.
Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
3.
Where no more than one nude model is on the premises at any one time.
(r)
Telecommunications Towers and Facility Buildings.
(1)
A telecommunications tower may not be located on a lot that is listed on a historic register or in an officially designated State or Federal historic district.
(2)
The applicant shall submit to the Municipality evidence of the need for the proposed telecommunications tower and that the applicant has exhausted all alternatives to constructing a telecommunications tower.
(3)
The applicant shall demonstrate via written evidence, including coverage diagrams and technical reports, that, in terms of location and construction, there are no existing towers, telecommunications towers, buildings, structures, elevated tanks, or similar uses able to provide the platform for the telecommunications antenna.
(4)
The applicant shall also provide evidence that co-location is not possible based on the following criteria:
A.
Planned equipment would exceed the structural capacity of existing and approved telecommunications towers, considering existing and planned use of those telecommunications towers;
B.
Existing and approved telecommunications towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost;
C.
Planned equipment will cause radio frequency (RF) interference with other existing or planned equipment for the proposed telecommunications tower, and the interference cannot be prevented at a reasonable cost;
D.
Existing or approved telecommunications towers do not have the space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment in place or planned; or
E.
Other reasons make it impractical to place the equipment planned by the applicant on existing and approved telecommunications towers.
(5)
All telecommunications towers shall be designed and constructed to all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended.
(6)
Except as required by the Federal Aviation Administration (FAA), or other Federal or State agencies, no telecommunications towers may use artificial lighting or strobe lighting at night.
(7)
A chain-link security fence with self-latching gate, of an approved design, and compatible with surrounding land uses, of not less than eight feet, in height, and no greater than 10 feet in height, shall completely enclose the telecommunications tower site.
(8)
A minimum of two parking spaces shall be required and shall meet the requirement as specified in § 1278.02.
(9)
Telecommunications tower sites shall be designed to be fully automated and unattended on a daily basis.
(10)
The telecommunications site shall be restricted, and the gate and telecommunications facility buildings shall remain locked.
(11)
Telecommunications facility buildings shall be equipped with a 24 hour security system.
(12)
Telecommunications tower sites shall be visited only for periodic maintenance.
(13)
Telecommunications facility buildings shall be considered as an accessory use to the principle telecommunications tower only.
(14)
A telecommunications facility building must be set back a minimum of 25 feet from all property lines, and the Planning Commission and the Mayor and Council can increase this setback if deemed necessary, depending on the site.
(15)
Guy wires, if utilized, shall be anchored no closer than 25 feet from any property line or outside of the minimum yard and building setback requirements, whichever is more restrictive.
(16)
Guy wires shall not cross or encroach any telephone or electric power lines.
(17)
Guy wires shall be clearly marked so as to be visible at all times.
(18)
A telecommunications tower may exceed the maximum height for the district in which it is located. However, the maximum height of the telecommunications tower shall not at any time exceed 350 feet. No equipment mounted or attached to the telecommunications tower, including antennas, shall exceed this 350-foot maximum height in any district. A telecommunications tower must set back a minimum of one foot from each property line for each one foot of height of the tower.
(19)
Telecommunications tower heights shall be measured from the foundation of the tower to the top point of the tower or antenna, whichever is higher.
(20)
Telecommunications towers shall be subject to a minimum setback from all over-head transmission lines of a distance no less than two times the height of the proposed telecommunications tower.
(21)
Telecommunications towers are limited to one per site.
(22)
No sign shall be mounted on the telecommunications tower, except as may be required or approved by the FAA, Federal Communications Commission, Pennsylvania Bureau of Aviation or other applicable government agency.
(23)
Telecommunications facility buildings shall be totally enclosed by the required chain-link security fence.
(24)
Telecommunications towers shall be designed in accordance with the provisions of the Penn Hills Subdivision and Land Development Ordinance, particularly in terms of access roads, sidewalks, stormwater management, erosion and sediment control and pavement.
(25)
The applicant shall present documentation that the telecommunications tower site and tower is designed in accordance with all applicable State and Federal regulations.
(26)
The applicant shall submit evidence that the telecommunications tower site, tower, facility buildings, and related structures or equipment have been designed and installed as per the approved final plan.
(27)
Any citation from another regulatory agency must be reported to the Municipality upon receipt of the citation.
(28)
An Annual Inspection Program performed by a Registered Professional Engineer (P.E.) and paid for by the owner of the telecommunications site, tower, antennas, and facility building(s) shall be required.
A.
The Annual Inspection Report shall be submitted to the Municipality on June 1 of each year, documenting that an inspection has been performed within 30 days and that the structure and surrounding site is in compliance with the requirements of this Zoning Code.
B.
The Annual Inspection Report shall certify that the structure will withstand wind, storm, ice and other natural forces.
C.
The Annual Inspection Report shall guarantee that the telecommunications tower is structurally capable of housing the antennas, dishes, and tower equipment already mounted and/or attached.
(29)
Transfer or Removal.
A.
Owners of telecommunications sites, telecommunications towers, telecommunications antennas, and related equipment and structures shall inform the Municipality of any transfers in ownership or responsibility immediately after the transfer occurs.
B.
The telecommunications tower and related equipment and structures shall be promptly removed by the applicant if the telecommunications site is not used for communication purposes for any continuous one-year period.
(s)
Forestry.
(1)
Minimum lot size: 10 acres.
(2)
Yard requirements:
A.
A transitional yard or buffer area of 100 feet shall be maintained for front, side, and rear yards. No vegetation shall be removed from these transitional yards or buffer areas other than the minimum necessary to provide access roads. Neither shall these transitional yards be used for loading, equipment storage or staging areas. Neither shall vegetation be removed from within 150 feet of any residential, commercial, or industrial structure, or from within 200 feet of any church, school, community facility, or municipal park land.
B.
Exception. Select cutting may be approved by the Director of the Department of Code Enforcement in the above transitional yards when an owner/operator can demonstrate no additional negative impact on adjacent properties. In approving select cutting the Director may impose conditions necessary to protect adjacent property and the integrity of the ordinance.
(3)
Site Plan. The application must include the submission of a site plan in accordance with the provisions of Section 16.8.A of Ordinance 2121 (§ 1286.08) as amended. The site plan must clearly show the limits of tree harvesting and clearly describe areas where trees are to be removed, where trees are to be loaded, and access roads.
(4)
Management Plan. The plan should include an inventory of resources on the property, including general plant/tree communities, water resources, soil, and unique areas. It should include an assessment on regeneration, a plan for minimizing negative impacts, and a plan for minimizing erosion and sediment control for roads and landings. The plan must also include measures for minimizing adverse visual effects from harvesting, and other considerations established as Best Management Practices for Pennsylvania Forests as set forth by the Penn State University College of Agricultural Sciences. A forester or similar qualified professional must prepare the plan.
(5)
Other Application Requirements. A forestry application must include the submission of a logging plan in accordance with Sections 4B and 5 of Ordinance 2121, an erosion and sediment control plan together with a review by the Allegheny County Conservation District, and copies of State, County or Federal required permits.
(6)
Hours of operation shall be limited from 7:00 a.m. to 7:00 p.m.
(7)
Local municipal streets must be bonded in favor of the Municipality in an amount to be determined by the Director of the Department of Public Works. The owner and applicant will be solely responsible for any damage to municipal streets and property. A transportation route plan shall be submitted with the application.
(t)
Deep Wells.
(1)
Minimum lot size: 15 acres.
(2)
Must Meet all Pa DEP Regulations and Permitting Requirements. The applicant must supply a copy of State and Federal permit applications, accompanying documents, and approval letters prior to operation.
(3)
The applicant must submit a site plan and grading permit application to the Penn Hills Planning Commission for approval. Among other items as described in § 1286.08 the applicant must fully describe the location of proposed facilities, buffer zones, fencing, and landscaping. All Penn Hills Land Development regulations shall apply that are not otherwise preempted by State or Federal law. Any material stored outside an enclosed structure being used as an incidental part of the primary operation shall be screened by opaque ornamental fencing, walls, or evergreen plant material in order to minimize visibility from any adjacent property.
(4)
The applicant must supply a proposed transportation plan and bond all access and distribution roads in the community. The amount of such bond shall be determined by the Public Works Director and/or the Municipal Engineer. Such bond shall guarantee the full restoration of all roadways. The transportation plan shall be designed to minimize the impact on streets within the Municipality. This bond shall remain active and current as long as development activity continues.
(5)
In addition to other required fees the applicant shall pay a one-time fee of $200,000 payable to the Municipality of Penn Hills, within 45 days of conditional use approval and prior to the commencement of operations, to offset the cost of local inspections and administration of the deep well operation. This fee may be revised from time to time with revisions and amendments to the Municipality's Schedule of Fees.
(6)
Prior to the commencement of any activity on the development site, the applicant shall enter into a Municipal roadway maintenance and repair agreement with the Municipality, in a form acceptable to Penn Hills, regarding maintenance and repair of local roads that are to be used by vehicles for development activities. The applicant shall conduct an inventory, analysis, and evaluation of existing road conditions on roads along the proposed transportation route identified by the applicant, including photography, video and core boring as determined to be necessary by the Municipal Engineer. The Municipal roadway maintenance and repair agreement will identify the responsibilities of the applicant to prepare, maintain, and repair these roads before, during and immediately after drilling operations associated with the gas resources development. The applicant shall take all necessary corrective action and measures as directed by the Municipality pursuant to the agreement to ensure the roadways are repaired and maintained during and immediately after drilling operations associated with the gas resources development.
(7)
The applicant shall take the necessary safeguards to ensure that all roads utilized remain free of dirt, mud and debris resulting from deep well activities and/or shall ensure such roads are promptly swept or cleaned if dirt, mud and debris occur. Beginning with its intersection with a public street, any access road for the development shall be paved for the first 50 feet and improved with limestone or other material for 100 feet in a manner that no water, sediment, or debris will be carried onto any public street.
(8)
An off-street area within the development site for vehicles to stand while gaining access to the gas well site shall be provided so that the normal flow of traffic on the public street is undisturbed.
(9)
The applicant shall take all necessary precautions to ensure the safety of persons in areas established for road crossing and/or adjacent to roadways. During periods of anticipated heavy or frequent truck traffic associated with the development, the applicant will provide flagmen to ensure the safety of motorists and pedestrians and take measures that may include adequate signs and/or other warning measures for truck and vehicular traffic.
(10)
Prior to development, the applicant shall provide to the Municipality a preparedness, prevention and contingency ("PPC") plan that clearly outlines and describes all emergency planning associated with the gas resources development. This plan shall include a listing of the type and quantity of chemicals on the property during development and operations and instructions for handling and storing such chemicals.
(11)
Upon request of the Penn Hills Manager, the applicant will, prior to drilling, make available with at least 30 days' notice, at the applicant's sole cost and expense, one appropriate group training program for emergency responders including municipal police, EMS, public works, and volunteer fire department personnel. Such training shall be made available at least annually during any year that drilling activities take place at the gas development site.
(12)
The applicant shall provide certification that a bond is held by the Pennsylvania Department of Environmental Protection (PEP) to ensure proper plugging when the well is classified as inactive by the DEP. In addition the applicant shall provide a bond in favor of the Municipality of Penn Hills that includes full property restoration measures not covered by the PEP bond, including regarding, demolition and removal of accessory facilities, and reestablishment of vegetation. This bond shall also provide for blow out protection and protection and reimbursement for costs related to clean up or environment protection for spills or discharges during transportation activity. This bond shall be kept current and remain in place as long as the well remains active.
(13)
Operator shall take the necessary safeguards to ensure appropriate dust control measures are in place.
(14)
All man-made water storage features associated with the development shall be secured with a six foot high fence. During the drilling process, the deep well site shall be secured with temporary fence and a secured gate.
(u)
Self-Service Used Auto Parts.
(1)
A facility which purchases and processes end of life vehicles for the purpose of retail sales of parts from these vehicles.
A.
Minimum lot size: 20 acres.
B.
Maximum building height: no structure shall exceed 45 feet in height.
C.
All vehicle processing and storage areas shall be enclosed by an opaque fence or wall with a minimum height of eight feet.
D.
There shall be no purchasing or processing of scrap metal.
E.
All processing, coring, crushing and fluid removal shall be conducted in an enclosed structure.
F.
The surface of the yard area where vehicles are stored for customers to remove parts shall be stabilized, compacted aggregate with proper drainage and shall be maintained to preclude growth of vegetation and the accumulation of parts.
G.
Vehicles shall be placed on the ground or on stands to facilitate access to customers for the removal of parts. There shall be no stacking of vehicles over one vehicle high in the yard area.
H.
The number of customer parking spaces will be determined by the Planning Commission.
(v)
Hookah Bar/Lounge.
(1)
Hookah Bar Location. Each hookah bar shall be located no closer than 1,200 feet from structure to structure of any other hookah bar/lounge, a sexually oriented business, a church/place of worship, archery or shooting ranges, public park, recreation facility, daycare center, nursery school, public library, a public, parochial, or private pre-elementary, elementary or secondary school. All hookah bar/lounge activities shall take place indoors and no outdoor seating is permitted.
(2)
Hours of Operation. Hookah bars shall not be permitted to operate within the hours of 9:00 p.m. to 10:00 a.m.
(3)
Alcoholic Beverages. Alcoholic beverages shall not be permitted to be brought onto the premises for on-premises consumption. The sale and service of alcohol shall comply with all Federal, Commonwealth, and local laws.
(4)
Ventilation. Any establishment that will allow any sort of smoking on site shall provide adequate ventilation. The requirements imposed by the Penn Hills Fire Department may be more comprehensive than current building codes to prevent negative health and nuisance impacts on neighboring properties, including a requirement for a separate system to prevent smoke and vapors from migrating to adjoining suites or buildings. The ventilation shall, at a minimum, prevent smoke and vapors from migrating into adjacent buildings and/or suites and to outdoor public areas. A mechanical exhaust hood system shall be required if an establishment heats coals indoors.
(6)
Noise. Any noise shall be subject to the regulations established in the Municipality of Penn Hills Code.
(7)
Visibility and Illumination. No window coverings or signage shall prevent visibility of the interior of the establishment from the outside during operating hours. The interior of the establishment shall have lighting adequate to make the conduct of patrons within the establishment readily discernible to people of normal visual capabilities.
(8)
Age Limits. No person under the age of 21 years old is permitted to be on the premises of any hookah bar/lounge. The owner/occupant shall require proof of identification to verify the age of customers and visitors.
(9)
Enforcement Procedures. Upon determination by the Code Enforcement Officer and/or police officer(s) that a violation under this subsection has occurred or is occurring, the violation shall be cause for the issuance of a citation. The offender shall be subject to the issuance of a citation and/or revocation of the occupancy permit and upon conviction be subject to the penalties under this subsection.
(10)
Inspection.
A.
A person who operates a hookah establishment, the agent or employee shall permit authorized Municipal officials and their agents or consultants to inspect the premises of a hookah bar for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
B.
A person who operates a hookah establishment or the agent or employee or property owner commits a violation of this subsection or refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
(11)
Revocation of Occupancy Permit and Appeals of Denials or Revocations.
A.
The Department of Code Enforcement and/or an authorized municipal official shall revoke the occupancy permit if it determines that:
1.
A person who operates a hookah establishment or the agent or employee or property owner gave false or misleading information in the material submitted during the application process;
2.
A person who operates a hookah establishment or the agent or employee or property owner has knowingly or negligently allowed possession, use, or sale of controlled substances on the premises;
3.
A person who operates a hookah establishment or the agent or employee or property owner knowingly or negligently allowed illegal activity on the premises;
4.
A person who operates a hookah establishment or the agent or employee or property owner has knowingly or negligently allowed any use not permitted in the hookah establishment to occur in or on the premises.
B.
When the Municipality revokes an occupancy permit, the revocation of the hookah establishment occupancy permit shall be one year from the date that the revocation became effective. If, subsequent to revocation, the Municipality finds that the basis for the revocation has been corrected or abated, the applicant may be granted an occupancy permit if at least 90 days has elapsed since the date the revocation became effective.
C.
All occupancy permit revocation decisions shall be sent in writing to the property owner, the business owner and their agent. All such decisions which deny, suspend or revoke the occupancy permit shall state specifically the ordinance requirement not met and any other basis for the decision. After denial of the occupancy permit, or after revocation of the occupancy permit, the property owner, the business owner and/or their agent may appeal pursuant to the Municipalities Planning Code, Act 170.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Any person aggrieved by a decision of the Municipality may appeal to a court of competent jurisdiction within 30 days of receipt of the Notice of Violation. The Municipality shall, upon filing of such appeal, consent to any request by an applicant to the court to give expedited review to such appeal. The Municipality shall certify any record to the court within 20 days of any request by the court to do so.