[Ord. 560, 6/11/1996, Art. XII, § 1]
1.
All conditional uses shall be subject to the specific applicable
conditions and procedures outlined under this Part, including the
following:
A.
Compliance with the provisions of Part 17 of this chapter and submission and approval of a preliminary plan and final plan, if requested.
B.
Compliance with any other conditions imposed by provisions of this
chapter regarding the specific or particular conditional use.
C.
Any other applicable regulations, whether in this or any other Borough
ordinance, or any county, state, or federal regulations, which would
supersede this chapter.
D.
Any other general or specific conditions imposed by the Council,
which are deemed necessary for the promotion of the public health,
safety, and/or welfare. Particularly those relating the specific site
upon which the use is proposed.
E.
The Council may increase or decrease bulk and area regulations, performance
standards, and parking requirements that might otherwise be applicable
or permitted uses.
[Ord. 560, 6/11/1996, Art. XII, § 2]
1.
The procedure for requesting approval of a conditional use is as
follows:
A.
A written application and a preliminary plan shall be filed with the Zoning Officer. The application shall be of a form approved by the municipality. The preliminary plan shall be similar to the preliminary site plan as detailed in Part 17 of this chapter but shall not constitute the site plan for approval purposes. The preliminary plan shall address itself to all applicable conditions for the particular conditional use.
B.
The preliminary plan and application shall be reviewed by the Zoning
Officer and a public hearing before the Planning Commission shall
be set by the Commission within 45 days of the filing of the preliminary
plan and application.
C.
Notice of the Commission hearing shall be advertised in accordance
with the advertising policy of the Borough. The subject property shall
be conspicuously posted with a notice of the conditional use request,
and the date and time of the Commission meeting, for a least 14 days
before the Commission hearing. Notice of the hearing shall also be
posted at a prominent place inside or outside the municipal building.
D.
The Commission shall, at the hearing, examine he preliminary plan
and listen to relevant testimony from the owner of the property or
his agent, the Zoning Officer and any interested citizen. The commission
shall have the right to pose necessary questions to any of the above
parties.
E.
The Commission shall, within 14 days of their hearing, forward a
written recommendation to the Council along with the preliminary plan
and application. This recommendation shall either recommend the approval
of the conditional use request, disapproval, or approval conditioned
upon specified changes or conditions.
F.
The Council shall hold a public hearing on the conditional use request
within 45 days of receipt of the recommendation of the commission.
Notice of the hearing is required as specified in Subsection 1C.
G.
The Council shall, at the hearing, examine the preliminary plan and the recommendation by the Commission. The Council shall also hear relevant testimony from the owner of the property, or his agent, or the Zoning Officer, if desired, and any interested citizens, and shall have the right to pose necessary questions to any of the above parties. The Council may request the submission of a final plan, if deemed necessary. The final plan shall be similar to the final site plan as detailed in Part 17 of this chapter.
H.
Borough Council shall, within 14 days of the hearing, approve or
disapprove the conditional use request. Council shall have the right
to adopt, modify, or reject the specific changes or conditions recommended
by the Commission. If Council disapproves the conditional use request,
the reasons for disapproval should be stated.
I.
A conditional use shall not be approved unless Council determines:
(1)
That the proposed conditional use will not substantially injure
or detract from the use of neighboring property, or from the character
of the neighborhood, and that the use of property adjacent to the
area included in the proposal, is adequately safeguarded.
(2)
That the conditional use will serve to protect the best interests
of the Borough of West Homestead, 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 service and facilities,
such as public water, sewers, police and fire protection, and public
schools.
J.
A majority vote of the Borough Council is required for approval.
K.
The property owner, or his agent, the Commission, and the Zoning
Officer shall receive written notification of Council's decision.
Any other interested party may, at the hearing, also request receipt
of the written notification. In any case, the written notification
shall be sent promptly following Council's decision.
L.
Appeals from the decision of the Council are governed by the applicable
provisions of the Pennsylvania Municipalities Planning Code.
[Ord. 560, 6/11/1996, Art. XII, § 3]
1.
When a request for the approval of a conditional use has been denied
by the Council, no subsequent request for that same use may be refiled
with the Zoning Officer for a period of at least one year from the
date of denial. The only exception to this provision shall be if the
landowner, or his agent, can show to the satisfaction of the Zoning
Officer a substantive change in circumstances regarding the property,
which would warrant re-examination of the request within the one year
limitation. A written explanation of the change in circumstances shall
be submitted, along with a conditional use application, to the Zoning
Officer.
2.
An approved conditional use shall be completed within two years following
the date of approval. However, the Zoning Officer may grant an extension
of time if the landowner, or his agent, requests such an extension,
and if good cause for the extension is shown to the Zoning Officer's
satisfaction. There are no other exceptions to this rule. If, at the
end of the two-year period, the conditional use is not completed,
and if no extension has been granted, the approval of the conditional
use shall be null and void unless renewed by Council.
3.
Minor changes in design or specifications of an approved conditional
use, which in no way constitute an expansion of the conditional use,
may be tentatively approved by the Zoning Officer upon receipt of
a written request. If such a change is tentatively approved, the Zoning
Officer shall notify each member of the commission in writing within
seven days of the approval. If any member of the commission elects
to challenge the approval, he/she shall do so in writing within seven
days of receipt of the notice of the approval. If a proper challenge
is made by any member of the Commission, the matter shall come before
the full Commission for approval. The Commission may at that time
elect to hold a second public hearing on the proposed change. If no
challenge is made by a member of the Commission within this time frame,
the change shall stand as formally and finally approved.
4.
Any major change in an approved, but not completed, conditional use, and any change in a completed conditional use which constitutes an expansion of such use, shall be subject to review and approval by Council under the provisions of § 27-1202. An improper expansion is a violation of this chapter and is subject to the penalties of this chapter including, but not limited to, a fine and corrective legal action by the Borough to remove the improper expansion.
[Ord. 560, 6/11/1996, Art. XII, § 4; as amended
by Ord. 631, 3/13/2007, § 1]
1.
In order for a particular conditional use to be eligible for approval
by Council under this chapter, the following specific conditions shall
be met:
A.
Residential Zoning Districts.
(1)
R-1.
(a)
Quasi-Public Uses.
(i)
Minimum lot size: two acres.
(ii)
Minimum frontage (lot width): 300 feet.
(iii)
Minimum lot depth: 250 feet.
(iv)
Maximum lot coverage. The total area of the lot
covered by buildings, parking lots and vehicular access ways shall
not exceed 50% of the total lot area.
(v)
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)
R-1T.
(a)
Quasi-Public Uses. The same as those listed for this use under
§ 27-1204.A(1)(a) of this chapter.
(3)
R-M.
(a)
Quasi-Public Uses. The same as those listed for this use under
§ 27-1204.A(1)(a) of this chapter.
(b)
Public Library.
(i)
Minimum lot size: one acre.
(ii)
Minimum frontage (lot width): 200 feet.
(iii)
Minimum lot depth: 210 feet.
(iv)
Maximum lot coverage. The total area of the lot
covered by buildings, parking lots and vehicular access ways shall
not exceed 60% of the total lot area.
(v)
Landscaping and Green Areas. At least 30% of the
total lot area shall be designated as a green area, landscaped and
otherwise maintained through the term of the use as open space.
B.
Commercial Zoning Districts.
(1)
C-1.
(a)
Hospital.
(i)
Minimum lot size: five acres.
(ii)
Minimum frontage (lot width): 300 feet.
(iii)
Minimum lot depth: 300 feet.
(iv)
Maximum Lot Coverage. The total area of the lot
covered by buildings, parking lots and vehicular access ways shall
not exceed 75% of the total lot area.
(v)
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.
(vi)
Shall have frontage and direct vehicular access
to one or more arterial streets.
(vii)
Shall be set back at least 100 feet from any
adjacent residential district or use.
(viii)
Shall be set back at least 50 feet from any
nonresidential district or use.
(ix)
The minimum building setback shall be 50 feet
from all property lines.
C.
Residential
Zoning Districts-Other Uses.
(1)
R-1.
(a)
Adult or Child Day-Care Center.
1)
Any such facility may be permitted only when ancillary
to an existing church or school which is licensed by the commonwealth.
2)
Any such facility serving adults may only be permitted
in a situation where those being served do not require nursing care.
3)
Any such facility may only provide care for a period
of less than 24 hours.
4)
Any such facility may only be situated within an
existing structure which has a principal use which is directly related
to the church or school.
5)
Any such use shall be licensed by the commonwealth
where licensing is required.
6)
Any such use may be permitted only where the church
or school is situated upon and has direct vehicular access to an arterial
or collector street.
7)
Any such facility shall provide at least one off-street
parking space for each employee plus one space for every 10 adult
or children being served (a minimum of two such parking spaces).
(b)
(c)
Satellite Signal-Receiving Antennae.
1)
May only be permitted in the rear yard or upon the
rear portion of a roof.
2)
Shall minimally meet the side yard setback requirements
established for the principal structure with said measurement being
taken from the point of the antenna nearest the property line rather
than the base of the structure.
3)
May only be permitted where no portion of the antenna
is visible from a point six feet above grade at a point measured along
a line drawn perpendicular to the front property line from the center
point of said property line a distance of 50 feet and in the case
of a corner lot, any, such structure shall meet or exceed the front
yard setback requirement for all yards fronting on a public right-of-way.
4)
Shall have a painted or anodized finish which is
either forest green, dark brown or black in color.
(2)
R-1T.
(a)
Adult or Child Day-Care Center. The same as those listed for
this use under Subsection 1A(1)(a).
(b)
Public Utility Structure. The same as those listed for this
use under Subsection 1A(1)(b).
(c)
Satellite Signal-Receiving Antennae. The same as those listed
for this use under Subsection 1A(1)(c).
(d)
Community Garage.
1)
Shall be permitted only within an accessory structure
situated upon the same lot as a dwelling.
2)
May provide off-street parking space for no more
then six motor vehicles or trailers which shall be entirely contained
and secured within said structure.
3)
Vehicle repairs and retail or wholesale business
of any kind may not be conducted within any such structure.
4)
May only provide off-street parking situated entirely
within an approved and enclosed structure for residences situated
within a radius of C mile of the community garage.
(3)
R-M.
(a)
Adult or Child Day-Care Center. The same as those listed for
this use under Subsection 1A(1)(a)1)-3), 5) and the following:
(b)
Public Utility Structure. The same as those listed for this
use under Subsection 1A(1)(b).
(c)
Satellite Signal Receiving Antennae. The same as those listed
for this use under Subsection 1A(1)(c).
(d)
Community Garage. The same as those listed for this use under
Subsection 1A(1)(c) and, the following:
1)
May be permitted as either an accessory or a principal
use.
2)
Where permitted as a principal use, the structure
shall be designed as an accessory garage and situated only within
the rear yard of the lot.
3)
May provide off-street parking space for no more
than eight motor vehicles or trailers which shall be entirely contained
and secured within said structure.
(e)
Mid-rise Apartments.
1)
Minimum lot size: one acre.
2)
Maximum density: 20 dwelling units per acre.
3)
Maximum lot coverage: 40%.
4)
Maximum height: 55 feet and five stories.
5)
Minimum frontage (lot width): 100 feet.
6)
Minimum lot depth: 100 feet.
8)
Required minimum side and rear yard setbacks for
accessory structures: five feet.
(f)
Personal Care Boarding Home, Boarding House or Nursing Home.
1)
Minimum lot size: 6,600 square feet.
2)
Minimum lot width: 60 feet.
3)
Maximum lot coverage: 40%.
4)
Minimum Parking. One space per employee, plus one
space for each three beds or fraction thereof.
5)
Shall have frontage upon and direct vehicular access
to an arterial or collector street.
7)
Required minimum side and rear yard setbacks for
accessory structures: three feet.
8)
Shall also have at least 600 square feet of lot
area per bed.
D.
Commercial
District (C-1) and Waterfront Development District (WDD)-Other Uses.
(1)
C-1 and RDD.
(a)
Pet Grooming (excluding kennels).
1)
Any such use shall not include the keeping, breeding,
training, boarding, offering for sale, or the provision of medical
treatment of any kind to any dog, cat or other domestic animal.
2)
The hours of operation for any such use shall be
limited to the hours between 9:00 a.m. and 9:00 p.m. daily, Monday
through Saturday only.
3)
Any such facility shall be fully sound insulated
so as to preclude the transmission of noise emanating from the premises
to any off-premises location.
(b)
Eating and Drinking Establishments; Including Restaurants, Taverns,
Bars and Cocktail Lounges.
1)
The hours of operation for any eating establishment
shall be limited to the hours between 6:00 a.m. and 12:00 midnight
daily.
2)
The hours of operation for any tavern, bar, cocktail
lounge, or other establishment serving any alcoholic beverage(s) shall
be limited to those established by the commonwealth.
3)
Any such facility shall be fully sound insulated
so as to preclude the transmission of noise emanating from the premises
to any off-premises location.
4)
Fast food restaurants and drive-in restaurants shall
be specifically prohibited in this district.
5)
Adult entertainment of any kind shall be prohibited
in this district, whether or not in conjunction with or ancillary
to an otherwise legal use.
6)
The owner of any carry-out food or drink establishment
shall be responsible for the daily thorough policing of the subject
premises and all surrounding public and private propertied of all
trash and/or garbage which may have been generated by the subject
establishment or its customers.
(c)
Carwash.
1)
Any such use shall be limited to hours of operation
between the hours of 7:00 a.m. and 10:00 p.m. daily.
2)
All water generated by any such use shall be entirely
contained upon the subject premises and shall not be permitted to
drain unto any adjoining property or public right-of-way.
3)
Any such use shall be responsible for the daily
thorough policing of the subject premises and all surrounding public
and private properties of all trash and/or garbage which may have
been generated by the subject establishment or its customers.
4)
Any such facility shall include provision's for
the installation and maintenance of a filtering device or trap which
shall prevent petroleum products and solids from being deposited into
the Borough's sanitary and/or storm sewer systems.
5)
Any such facility shall only be situated upon a
lot which has frontage upon and direct vehicular access to and from
an arterial street.
(d)
Automotive Service Station.
1)
Any such use shall be limited to hours of operation
between the hours of 6:00 a.m. and 12:00 midnight, daily.
2)
Any vehicle maintenance (repair) work shall only
be performed when contained entirely within an approved enclosed structure.
3)
The owner of any such use shall be responsible for
the daily thorough policing of the subject premises and all surrounding
public and private properties of all trash and/or garbage which may
have been generated by the subject establishment or its customers.
4)
Any such facility shall include a provision for
the installation and maintenance of a filtering device or trap which
shall prevent petroleum products and solids from being deposited into
the Borough's sanitary and/or storm sewer systems.
5)
Any such facility shall only be situated upon a
lot which has frontage upon and direct vehicular access to and from
an arterial street.
(e)
Any business of any kind which includes an outdoor ATM or drive-through
window as a principal or accessory use:
1)
Any outdoor ATM facility shall be well lit at all
hours and shall be easily visible from the public street right-of-way
upon which the lot has frontage.
2)
Off-street parking areas for the principal use shall
include at least two additional parking spaces for each outdoor ATM.
3)
Off-street parking areas for any establishment which
has an outdoor drive-through ATM or drive-through window shall provide
on-site "stacking space" for at least four vehicles for each drive-through
ATM or window. And, in any event, satisfactory efforts shall be made
to accommodate all vehicles which may be waiting to use the facility
on-site, rather than creating a situation where all or any part of
a waiting line may be forced into a public street right-of-way.
4)
A trash receptacle(s) shall be installed and maintained
for each approved ATM or drive-through window.
5)
The owner of any such use shall be responsible for
the daily thorough policing of the subject premises and all surrounding
public and private properties of all trash and/or garbage which may
have been generated by the subject establishment or its customers.
(f)
Satellite Signal-Receiving Antennae.
1)
May only be permitted in the rear yard or upon a
roof.
2)
May only be permitted where no portion of the antenna
is visible from a point six feet above grade at a point measured along
a line drawn perpendicular to the front property line from the center
point of said property line a distance of 60 feet and in the case
of a corner lot, any such structure shall met the front yard setback
requirement for all yards fronting on a public right-of-way.
3)
Shall minimally meet the side yard setback requirements
established for the principal structure with said measurement being
taken from the point of the antenna nearest the property line rather
than the base of the structure.
4)
Shall have a painted or anodized finish which is
either forest green, dark brown or black in color.
(g)
Automotive Repair Establishment.
1)
All repairs shall be conducted entirely within an
approved enclosed structure. No repair work shall be permitted in
an open yard regardless of whether or not said yard is enclosed by
a fence, wall or other enclosure.
2)
Any such facility shall be sound insulated so as
to limit the transmission of noise emanating from the premises to
any off-premises location.
3)
Any such use shall be limited to hours of operation
between the hours of 8:00 a.m. and 9:00 p.m. daily.
4)
The owner of any such use shall be responsible for
the daily thorough policing of the subject premises and all surrounding
public and private properties of all trash and/or garbage which may
have been generated by the subject establishment or its customers.
5)
Any damaged vehicle or vehicle part shall only be
stored entirely within an approved enclosed solid fence or wall. No
such vehicle part may be stored in an open yard.
6)
No vehicle may be stored at any location on the
premises for any period of time in excess of 30 days.
7)
No motor vehicle, boat, camper, trailer or motor
vehicle part may be sold or leased or offered for sale or lease at
any time from any location on the premises.
(h)
Automotive, Mobile Home, Boat, Camper or Trailer Sales.
1)
All repairs shall be conducted entirely within an
approved enclosed structure. No repair work shall be permitted in
an open yard regardless of whether or not said yard is enclosed by
a fence, wall or other enclosure.
2)
All vehicle maintenance facilities shall be sound
insulated so as to limit the transmission of noise emanating from
the premises to any off-premises location.
3)
Any such use shall be limited to hours of operation
between the hours of 7:00 a.m. and 10:00 p.m. daily.
4)
The owner of any such use shall be responsible for
the daily thorough policing of the subject premises and all surrounding
public and private properties of all litter, trash and garbage which
may have been generated by the subject establishment or its customers.
5)
Any damaged vehicle or vehicle part shall only be
stored entirely within an approved enclosed solid fence or wall. No
such vehicle or vehicle port may be stored in an open yard.
6)
Temporary or permanent banners, streamers, flags
(other than one U.S. flag and one Commonwealth of Pennsylvania flag),
and pennants shall be prohibited at any location on the premise.
7)
Temporary or permanent signs other than those permitted
and approved in accordance with the provisions of this chapter shall
be prohibited at any location on the premises.
(i)
Any Wholesale Business.
1)
All business-related activities shall be conducted
and contained wholly within an approved enclosed structure (which
may include an approved loading dock which is under roof but otherwise
open to light and air).
2)
All parking and loading facilities shall be entirely
accommodated on-site.
3)
Storage in an open yard shall not be permitted in
conjunction with any such use.
4)
Any such use shall be limited to hours of operation
between the hours of 6:00 a.m. and 12:00 midnight daily, Monday through
Saturday.
(j)
Freight Terminals.
1)
All business-related activities, including the transfer
of freight shall be conducted and contained wholly within an approved
enclosed structure (which may include an approved loading dock which
is under roof but otherwise open to light and air).
2)
All parking and loading facilities shall be entirely
accommodated on-site.
3)
Storage in an open yard shall not be permitted in
conjunction with any such use.
4)
Any such use shall be limited to hours of operation
between the hours of 6:00 a.m. and 12:00 midnight, Monday through
Saturday.
(k)
Lumber or Supply Yard.
1)
All business-related activities, including the transfer
of building materials shall be conducted and contained wholly within
an approved enclosed structure (which may include an approved storage
structure which is under roof but otherwise open to light and air).
2)
All parking and loading facilities shall be entirely
accommodated on-site.
3)
Storage in an open yard shall not be permitted in
conjunction with any such use.
4)
Any such use shall be limited to hours of operation
between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday.
(l)
Maintenance and Storage Facility.
1)
All business-related activities, including the transfer
of stored materials shall be conducted and contained wholly within
an approved enclosed structure (which may include an approved storage
structure which is under roof but otherwise open to light and air).
2)
All parking and loading facilities shall be entirely
accommodated dated on-site.
3)
Storage in an open yard shall not be permitted in
conjunction with any such use.
4)
Any such use shall be limited to hours of operation
between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday.
(m)
Horticultural Nursery.
1)
All sales-related activities shall be conducted
and contained wholly within an approved enclosed structure.
2)
All parking and loading facilities shall be entirely
accommodated on-site.
3)
Storage in an approved and fenced open yard of living
plants only shall be a permitted in conjunction with any such use.
4)
Any such use shall be limited to hours of operation
between the hours of 7:00 a.m. and 9:00 p.m. daily.
5)
A detailed site development plan shall be submitted
and shall be subject to review and approval by the Board prior to
the approval of any such proposed use.
(n)
Research and Development Facility.
1)
A detailed site development plan shall be subject
to review and approval by the Board prior to the approval of any such
proposed use.
2)
Any such use shall be conducted and contained entirely
within an approved enclosed structure.
3)
Any such use shall be limited to hours of operation
between the hours of 6:00 a.m. and midnight daily.
4)
Any such use shall be limited to those operations
and activities which pose no threat or potential threat to the public
health, safety and welfare of area residents.
(o)
Roadside Stand.
1)
Any such use shall be responsible for the daily
thorough policing of the subject premises and all surrounding public
and private properties of all litter, trash and garbage which may
have been generated by the subject establishment or its customers.
2)
Any such use shall be limited to hours of operation
between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday,
and 12:00 noon and 6:00 p.m., Sundays.
3)
A detailed site development plan shall be subject
to review and approval by the Board prior to the approval of any such
proposed use.
4)
Careful consideration shall be given to vehicular
and pedestrian traffic flow on site.
5)
Any temporary structure designed or used for the
display or sale of seasonal products, including agricultural products
from a roadside location shall be included in the definition under
this section.
6)
All parking surfaces shall be hard surfaced with
proper provisions for the collection and disposal of surface drainage
for the parking area.
(p)
Indoor Amusement Arcade.
1)
The owner of any such use shall be responsible for
the daily thorough policing of the subject premises and all surrounding
public and private properties of all litter, trash and garbage which
may have been generated by the subject establishment or its customers.
2)
In any situation where an amusement arcade is to
be the principal use, the hours of operation shall be limited to the
hours between the hours of 3:00 p.m. and 10:00 p.m., on all school
days, 8:00 a.m. and 10:00 p.m. on Saturday, and 12:00 noon and 8:00
p.m., Sundays.
3)
Where any amusement arcade is to be ancillary to
some other principal use, the hours of operation for the arcade shall
be at least aa restrictive as the hours of operation for the principal
use.
4)
Any establishment which includes an amusement arcade
and in which alcoholic beverages are also served shall not open and
accessible to any person under the age of 21.
5)
In any situation where an amusement arcade is to
be the principal use, the establishment shall provide public rest
rooms for its customers.
E.
Upon completion of the necessary improvements, or at the expiration
of the temporary occupancy permit, the applicant shall apply for a
final occupancy permit.
F.
Failure to comply with the conditions of site plan approval by the
expiration of the temporary occupancy permit constitutes a violation
of this chapter, and the appropriate enforcement penalties relating
to the ordinance shall apply.
