§ 440-63. Specific conditions., Article IX. Conditional Uses, Chapter 440. Zoning, Part II. General Legislation, Code of Ordinances, Munhall

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.

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.

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.

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.