§ 440-22. Riverfront Development District (RDD)., Article VI. Industrial and Mixed-Use Districts, Chapter 440. Zoning, Part II. General Legislation, Code of Ordinances, Munhall

Purpose. The Riverfront Development District is a mixed-use district which is intended to facilitate the redevelopment of large, underutilized or vacant, former industrial sites along the Monongahela River which may be suitable for a variety of large-scale commercial, residential and flex office uses, provided that the arrangement and design of those uses are carefully planned and implemented. These regulations are further intended to allow considerable flexibility within the RDD in the specific types of uses, their arrangement and their intensity while assuring that:

(1)

Uses are either compatible in scale, intensity, visual and operational characteristics or, if different, are so arranged that adverse impacts on adjacent properties are minimized.

(2)

All necessary utilities, facilities and site improvements are provided in accordance with the requirements of the Borough's Subdivision and Land Development Ordinance, Chapter 389.

(3)

Negative environmental impacts are avoided.

(4)

Provision is made for the safe movement of people, goods and vehicles without increasing congestion or creating hazards within the RDD or within the area of impact in the larger community.

(5)

Each building site has adequate off-street parking and loading facilities, safe pedestrian circulation, light and air, access for emergency vehicles and landscaped areas and open space as may be required by other articles of this chapter.

(6)

The improvement and use of land within the RDD does not adversely affect existing development in adjacent areas.

Community development objectives.

(1)

Development within the RDD should be physically integrated with the community in the following ways:

(a)

A system of public or approved and improved private streets should be constructed in a way so as to ensure coordination with the Borough's Land Use and Thoroughfare Plan.

(b)

All utilities should be designed and installed in a manner which ensures coordination with the infrastructure systems serving the Borough.

(c)

Pedestrian and vehicular access to the riverfront should be provided through the RDD.

(d)

Land uses along the riverfront which permit public access to the river should be encouraged.

(2)

In order to enhance the Monongahela River as a scenic and recreational community resource, the following criteria shall be adhered to:

(a)

Development is encouraged which is visually and aesthetically oriented toward the river by enhancing views and creating new ones.

(b)

Development shall provide for the establishment and maintenance by each individual abutting property owner or an owners' association of a landscaped buffer area which is not less than 25 feet in width measured from the river's edge at "normal pool"; this requirement may, however, be waived by the Borough for water-dependent uses, provided that alternative plans for access to the riverfront have been approved by the Borough.

(c)

Development shall focus on water-dependent and water-related uses along the river by creating a balance of retail, residential, office and recreational uses which will bring residents and visitors to the riverfront.

(d)

Development shall include a wide variety of waterfront spaces such as promenades, plazas and tree lawns for walking, jogging, shopping and dining, as well as for sitting and quiet contemplation.

(e)

Public spaces shall be designed to fit the changeable nature of the riverfront on a daily, seasonal and annual basis.

(f)

Riverfront spaces shall be designed for public events and celebrations.

(g)

Public access shall be clearly defined by emphasizing the line of the riverfront's edge with pathways, promenades and plazas that give immediate and continuous public access along the river while defining its physical boundary.

(h)

Public access to the riverfront shall be highlighted with visual links such as pedestrian-oriented streets and sidewalks, plazas and view corridors, as well as appropriate site planning and building design.

(i)

The site's history shall be celebrated by incorporating that history into street and building design. The site's history should be told through informative signage and public spaces for periodic events and historical celebrations.

(3)

Development within the RDD should, to the extent possible:

(a)

Provide employment opportunities at wage rates substantially above established minimum standards for area residents, particularly residents of Munhall.

(b)

Contribute to the creation of a diversified job base within the community, with an emphasis on health, education and other service-oriented industries, advanced technology firms, the recreation industry and other more traditional manufacturing firms.

(c)

Contribute to the long-term stability and growth of Munhall's tax base.

Permitted uses. The following principal and accessory uses, permitted and conditional uses, and uses by special exception shall be permitted in the Riverfront Development District (RDD).

(1)

Principal uses. The following principal uses shall be permitted in the RDD:

(a)

Art, music or photographic studios.

(b)

Business services.

(c)

Commercial or business schools.

(d)

Commercial recreation.

(e)

Department stores.

(f)

Eating and drinking establishments of any size, including the sale of alcoholic beverages, also includes fast-food and drive-in restaurants.

(g)

Essential public services.

(h)

Financial institutions, including satellite banking facilities and/or ATMs.

(i)

Hospitals.

(j)

Hotels/motels, including customary ancillary retail and service uses.

(k)

Museums.

(l)

Offices, business or professional.

(m)

Office, flex.

(n)

Off-track-betting establishments.

(o)

Passive recreation.

(p)

Personal services.

(q)

Private clubs.

(r)

Public parking garages.

(s)

Public utility substations and structures.

(t)

Research and development facilities.

(u)

Residences, garden apartments and townhouses, as regulated in the R-4 Residential District.

(v)

Retail business.

(w)

Safety services.

(x)

Security facilities.

(y)

Shopping centers.

(z)

Banners and banner clusters not accessory to any other use.

(aa)

Temporary uses, Article VIII, § 440-49A.

(bb)

Theaters, including multiscreen theaters, but excluding adult entertainment establishments.

(cc)

Other similar principal uses and structures, subject to approval by the Zoning Board.

(dd)

Storage and warehousing facilities of 50,000 square feet or greater.

(2)

Accessory uses. The following accessory uses shall be permitted in the RDD:

(a)

Child's playhouse, garden house, gazebo, private residential swimming pool, party house or room, tennis court or similar private recreational facility and private greenhouse, ancillary to multifamily dwelling.

(b)

Employee restaurants and cafeterias which are not open to the general public, when located in a permitted office or commercial building.

(c)

Fences and/or walls, in side or rear yards only.

(d)

Off-street parking and loading facilities, including garages and/or carports.

(e)

Office(s), ancillary.

(f)

Storage, only when clearly ancillary and only when contained within an approved enclosed building.

(g)

Storage of petroleum and/or petroleum by-products (other than in an auto parts store or in conjunction with an automotive sales and service facility):

[1]

For on-premises use only.

[2]

In an amount not to exceed a ninety-day supply.

[3]

Contained wholly within an approved structure.

(h)

Signage, including shared signage.

(i)

Vehicle service and maintenance.

(j)

Distribution facilities.

(k)

Radio, television and/or satellite signal-receiving antenna.

(l)

Security facilities.

(m)

Other customary accessory uses and structures, subject to approval by the Zoning Board.

(3)

Conditional uses. The following uses shall be permitted as conditional uses in the RDD, subject to the regulations and procedures outlined under Article IX of this chapter:

[Amended 9-27-2006 by Ord. No. 1509]

(a)

Adult entertainment facility.

(b)

ARC house or halfway house.

(c)

Casino.

(d)

Distribution facilities (as a principal use).

(e)

Light industry.

(f)

Marinas, recreational boat docking and servicing facilities.

(g)

Methadone treatment facility, provided all methadone treatment facilities must be 500 feet from an existing school, public playground, residential housing area, child-care facility, church, meeting house or actual place of regularly stated religious worship, and must be licensed by the proper agency of the Commonwealth of Pennsylvania regulating this conditional use. Any subsequent federal or commonwealth statutes or regulations are incorporated herein without the necessity of amending this subsection.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(h)

Recreational facilities.

(i)

Residences; townhouses and/or garden apartments at densities up to 50 units per acre.

(j)

Telecommunications signal receiving, transmission or relay tower.

(k)

Storage and warehousing facilities.

(4)

Uses by special exception. The following uses by special exception shall be permitted in the RDD:

(a)

Automotive, mobile home, boat, camper or trailer sales and service.

(5)

Prohibited uses. The following principal uses shall be specifically prohibited in the RDD:

(a)

Those used listed as prohibited uses in the Heavy Industrial District, except for "residential uses" and "retail businesses."

(b)

Heavy industrial uses and facilities.

(c)

Pilot manufacturing facilities.

(d)

Wholesale facilities.

(e)

Any use not listed above which is identified as producing hazardous wastes of any kind by regulations promulgated under § 3301 of the Federal Resource Conservation and Recovery Act of 1976, as amended, or any subsequent federal or commonwealth statute or regulation.

Bulk and area requirements. The following bulk and area requirements are hereby established for all permitted principal and accessory structures and uses in the RDD:

(1)

Minimum lot dimensions, setbacks and densities. The minimum lot frontage, depth, width and area (in square feet or acres) dimensions and minimum front, rear and side yard setbacks shall be as follows:

	Lot Dimensions		Required Setbacks
Principal Uses	Frontage/Depth (feet)	Lot Area	Principal Buildings Front/Rear/Side (feet)	Accessory Buildings Rear/Side (feet)
Off-street parking	NA/NA	NA	30/5/5**	NA
All others	200/200	1 acres	30/0/0**	10***

NOTES:
NA	Not applicable.
*	Includes both principal and accessory off-street parking areas (lots).
**	No side yard setback is required where any such off-street parking area is adjacent to an existing building on a neighboring lot which is both under separate ownership and built on the lot line separating the two uses.
***	Except required setbacks for approved off-street parking areas and driveways, as otherwise herein regulated.

(2)

Maximum lot coverage:

(a)

For all uses contained on a single lot, the maximum lot coverage shall be 40%.

(b)

For office, flex office and warehouse uses that are contained on more than one lot but are owned and being developed by a single owner for related purposes, the maximum lot coverage for all lots involved shall be an average of 40%; provided, however, that the maximum lot coverage permitted on each such lot shall be 50%.

(3)

Maximum height. The maximum height in the RDD shall be seven stories and 84 feet.

(4)

Special setback requirements.

(a)

Monongahela River. No structure in the RDD, except one which is clearly related to a water-dependent use, may be located within 25 feet of the top edge of the river's bank.

(b)

Railroad. No structure in the RDD may be located within 30 feet of any railroad right-of-way.

Development plan requirements.

(1)

Application and intent. No building, structure or land within the RDD shall be erected, constructed, razed, altered, reconstructed, converted, maintained or used except in accordance with an approved land development plan. The intent of this requirement is to maximize the flexibility available to the applicant in the selection and arrangement of uses within the RDD while assuring that all aspects of the proposed development will be properly coordinated, negative impacts avoided, and the public health, safety and welfare protected.

(2)

Coordination of zoning and subdivision and land development regulations.

(a)

Zoning provisions. This chapter establishes the uses that are allowed in the RDD, the size of structures and the intensity of land use or development, requirements for off-street parking and loading, open spaces, landscaping, performance standards for operations, signs and other specific standards required of permitted uses.

(b)

Subdivision and land development provisions. The Subdivision and Land Development Ordinance, Chapter 389, establishes standards for determining that the land is suitable for the use(s) proposed; for the arrangement of uses, structures and open spaces within the RDD; for the design and improvement of public streets, private streets and other public facilities and improvements; requirements for drainage, utilities, community facilities and site improvements; and requirements for the reservation and dedication of recreational and open space areas.

(3)

Procedures.

(a)

Preliminary land development plan. A preliminary plan for land development within the RDD shall include all contiguous real property which is either currently under common ownership or control or proposed to be under common ownership or control and shall be submitted and processed in accordance with the requirements of Chapter 389, Subdivision and Land Development.

[1]

If a preliminary land development plan encompasses land in two or more municipalities, approval by the Borough of the plan for the use of the land within its corporate boundaries shall be conditioned upon the applicant's provision to the Borough of proof of approval by all of the municipalities involved.

[2]

After a preliminary land development plan has been approved, the applicant shall be entitled to final land development plan approval as well, provided that the final land development plan is consistent with the approved preliminary land development plan, including any conditions attached to the preliminary land development plan approval, and provided that the final land development plan is submitted in accordance with all of the requirements of the Borough's Subdivision and Land Development Ordinance, Chapter 389.

(b)

Final land development plan. Applications for final approval shall be submitted and processed in accordance with Chapter 389, Subdivision and Land Development.

[1]

An application for final approval may include only those portions of the total area encompassed by the land development plan which are intended for initial development or use, provided the proposed phasing of development is in accordance with the approved preliminary plan and the criteria listed in Chapter 389, Subdivision and Land Development.

[2]

If the land is to be subdivided for transfer of ownership or if the land is to be developed by an entity other than the applicant submitting the preliminary plan:

[a]

Where the proposed subdivision or development contains substantial variations, as herein defined, from an already approved preliminary plan, a new preliminary plan shall be required.

[b]

Where the proposed subdivision or development does not contain substantial variations, as herein defined, from an already approved preliminary plan, the new owner (applicant) may elect to submit an application for final plan approval.

(4)

Conditional uses. Applications for the approval of conditional uses in the RDD may be submitted and considered by the Commission and Council concurrent with an application for preliminary approval of the land development plan. Any subsequent proposed change in the list of already approved conditional uses shall require the resubmission of both the preliminary land development plan and the list of proposed conditional uses.

(5)

Permitted uses. Application for the approval of permitted uses in the RDD shall be submitted and considered by the Zoning Officer concurrent with an application for preliminary approval of the land development plan. Any change in the proposed uses not included in the approval of the preliminary land development plan shall require resubmission of the preliminary land development plan as well as a resubmission of the request for approval of the permitted uses.

(6)

Required plan components.

(a)

In order to establish and maintain the Monongahela River as a scenic and recreational community resource, all structures except for those related to approved water-dependent uses and public or private roadways or driveways shall be set back a distance of at least 25 feet from the edge of the top of the river's bank.

[1]

The riverfront yard area established by this setback shall be landscaped in accordance with an approved landscape plan and may be used as permanent open space or for passive recreational purposes and shall be generally accessible to the general public.

[2]

Public or private roadways or driveways shall be set back a distance of not less than 25 feet from any property line separating the lot from the edge of the top of the Monongahela River's bank.

[3]

The Commission may or may not elect to establish setback requirements, as deemed appropriate, for water-dependent uses, based upon the specific proposal(s) outlined in the plan by the applicant.

(b)

The street pattern within the RDD shall be designed so as to encourage access to the riverfront.