For the purpose of this chapter, certain terms
or words used herein are defined as follows:
A.Â
"Person" means a firm, association, organization,
partnership, trust, company or corporation, as well as an individual.
B.Â
The present tense includes the future tense.
C.Â
The singular number includes the plural and the plural
number includes the singular.
D.Â
The word "shall" is mandatory; "may" is permissive.
E.Â
The word "used" or "occupied" includes the words "intended,"
"designed" or "arranged to be used or occupied."
F.Â
The word "lot" includes the word "plot" or "parcel."
[Amended 7-11-1991 by Ord. No. 1355; 2-20-1997 by Ord. No. 1430; 11-20-2008 by Ord. No. 1610; 4-28-2011 by Ord. No. 1639; 11-21-2013 by Ord. No.
1679]
As used in this chapter, the following terms shall have the
meanings indicated:
A use, building or structure, part of a building or other
structure which is subordinate to, and the use of which is incidental
to, that of the main building, structure or use on the same lot, including
a private garage. If an accessory building is attached to the main
building by a common wall or roof, such accessory building shall be
considered a part of the main building. Accessory structures are not
permitted where a principal use structure has not been erected on
the lot.
The reuse of an existing use and structure in combination,
whether legally nonconforming or conforming, and considered a minor
land development for a use permitted by right in the district.
A facility providing care for the elderly and/or functionally
impaired adults in a protective setting for a portion of a twenty-four-hour
day.
See § 260-79M(3).
A public thoroughfare which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
Any change, addition or modification to an existing structure
that increases the height, volume, lot coverage or gross floor area
of the principal or accessory structure; or any change in the structural
members of a building, such as load-bearing walls, columns, beams
or girders; or the moving of an existing structure from one location
to another on the same site.
Any change in this Zoning chapter or the Official Zoning
District Map,[1] including the addition of new requirements, revision of
existing requirements or deletion of obsolete requirements, officially
approved by the municipal governing body, necessitating public hearings
and other approvals in accordance with procedures detailed in this
chapter before becoming effective.
A business establishment having on its premises and available
for play by the public at least four coin-operated/pay-for-play amusement
devices; or a part of a business establishment including at least
four coin-operated/pay-for-play amusement devices, the remainder of
which is devoted to a permitted use, an approved conditional use or
a nonconforming use.
Any animal that has been bred or raised to live in or about
the human habitation and is customarily kept for companionship, which
includes, but is not limited to, dogs, cats, birds, rabbits, hamsters,
mice, turtles, and the like, and not requiring extraordinary restraint
or unreasonably disturbing such human habitation.
Any member of a species of animal, reptile, or bird, warm-
or cold-blooded, that is not native to the United States and is not
classified or considered as wildlife, livestock, or a domestic animal.
This term specifically includes animals such as, but not limited to,
elephants, camels, antelope, anteaters, kangaroos, and water buffalo.
An establishment for the medical or surgical treatment of
animals and pets, including the boarding of hospitalized animals and
animals not subject to medical or surgical treatment.
A facility that is used to house or contain animals and is
owned, operated, or maintained by a nonprofit corporation for the
purpose of providing temporary kenneling and finding permanent adoptive
homes for animals.
A room, or a suite of two or more rooms, in a multiple-family
dwelling or in any other building not a single-family dwelling or
a two-family dwelling, occupied or suitable for occupancy as a dwelling
unit for one family and containing cooking, food storage, bathing
and toilet facilities.
A suite of rooms designed or intended for occupancy or housekeeping
by one family which is established in a portion of a building originally
used or designed for residential use by a single-family unit, such
suite containing cooking, food storage, bathing and toilet facilities.
A one-room apartment, plus toilet. It shall contain kitchen,
sanitary and bedroom facilities for the use of not more than two persons.
A building designed for or containing both apartments and
individual guest rooms or suites or rooms and apartments catering
to permanent tenants and not transients, and which building may furnish
dining-room service for the exclusive use of its tenants.
A building, or a portion of a building, designed for occupancy
by three or more families living separately from each other and containing
three or more dwelling units, each with its own cooking, food storage,
bathing and toilet facilities.
Establishments primarily engaged in the provision of selling,
servicing and repairing appliances to individuals or households, rather
than businesses, but excluding automotive or equipment repair.
A residential facility designed to provide dwelling units
for elderly and/or handicapped persons who are independently mobile.
On-site supervision and assistance are available to the residents
on an as-needed basis, and at least one meal each day is provided
in a common dining area. The facility includes certain design features
associated with the needs of the elderly or handicapped, not customary
in the construction of conventional dwelling units, such as emergency
call systems, handicapped facilities, common dining facilities, common
laundry facilities, minimal housekeeping, common leisure and recreational
facilities, transportation services and similar supporting services
for the convenience of the residents.
A facility which provides collision repair services, including
body frame straightening, replacement of damaged parts, and painting.
An open area, other than a street, used for the display,
sale or rental of new or used automobiles, boats or trailers and where
no repair work is done except minor incidental repair, excluding bodywork
and fender work or spray painting of automobiles, boats or trailers
to be displayed, sold or rented on the premises.
The dismantling or wrecking of motor vehicles or trailers,
or the storage, sale or dumping of dismantled or partially dismantled
obsolete or wrecked vehicles or their parts.
Any premises devoted wholly or in part to the dismantling
or wrecking of motor vehicles or trailers, the storage, accumulation,
recycling, sealing or the processing of junk or abandoned vehicles,
and/or the sale or dumping of dismantled or partially dismantled,
obsolete or wrecked vehicles or their parts. The collection and/or
storage of two or more motor vehicles or trailers not in running condition
or which do not have a valid and current registration and a current
and valid inspection sticker as required by the Motor Vehicle Code
of the Commonwealth of Pennsylvania[2] shall be construed to be an automobile wrecking or salvage
yard.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers, and similar mechanical equipment, including
brake, muffler and upholstery work, tire repair and change, lubrication,
tune ups, and transmission work, provided it is conducted within a
completely enclosed building.
A temporary or permanent structure extending out and over
the upper part of a door, window, or porch and serving as protection
from sun or precipitation, distinguished from a canopy by the lack
of structural supports attached to the ground.
Any sign of lightweight fabric, vinyl, or similar material
that is mounted to a pole, natural feature, or vegetation, or to a
building by a permanent frame on all sides. National, state or municipal
flags shall not be considered banners.
A business that sells alcoholic beverages for consumption
on the premises as the principal use and that may offer food for consumption
on the premises as an accessory use.
A single-family dwelling that is the principal residence
of the operator, where sleeping rooms are offered to not more than
six transient overnight guests for compensation and where meals are
provided only to overnight guests.
A singular retail or wholesale user that occupies no less
than 50,000 square feet of gross floor area, typically requires high
parking-to-building-area ratios, and has a regional sales market.
Regional retail/wholesale sales can include but are not limited to
membership warehouse clubs that emphasize bulk sales, discount stores,
and department stores.
The Zoning Hearing Board of the City of Butler.
A nonprofit or for-profit boarding home for the sheltered
care of persons with special needs or problems, which, in addition
to providing food and shelter, may also provide some combination of
personal care, social or counseling services, vocational training,
recreation, and/or transportation.
An owner-occupied single-family dwelling where, for compensation
and by prearrangement for definite periods of time, meals and lodging
are provided for one and no more than four boarders. No meals are
provided to outside guests. "Boardinghouses" shall not be construed
to mean rest homes or convalescent homes.
A restaurant that brews handcrafted natural beers intended
for consumption on or off the premises. Production capacity shall
be limited to not more than 5,000 barrels per year. (One barrel =
31 gallons.)
A landscaped area which shall be planted and maintained in
trees, grass, ground cover, shrubs, bushes or other natural landscaping
material consisting of a mix of types and sizes of plant material
that within three years of planting meets the standard of providing
a compact year-round visual screen at least six feet in height, or
an existing or constructed natural barrier that duplicates the effect
of the required buffer area, within which no structure is permitted
except a wall or fence.
That portion of a zoned lot bounded by the required front,
side, and rear yards. When a yard is not required, the buildable area
is the lot line.
Any structure having a roof. When a use is required to be
within a building, or where special authority granted pursuant to
this chapter requires that a use shall be within an entirely enclosed
"building," then the term "building" means one so designed and constructed
that all exterior walls of the structure shall be solid from the ground
to the roofline and shall contain no openings except for windows and
doors which are designed so that they may be closed.
The vertical distance measured from the average elevation
of the finished grade around the building to the highest point of
the coping of a flat roof or to the deck lines of a mansard roof or
to the average height of the highest gable of a pitch or hip roof.
A line parallel to the front, side or rear lot lines, set
so as to provide the required building setback (yard), or the established
(existing) front, side, or rear setback of other structures within
the same block.
An imaginary line across the front of a property, between
side property lines, parallel to the street right-of-way line and
distant from it the depth of the required front yard setback for the
zoning district in which the property is located.
The building housing the principal use of the lot on which
it is located.
Documentation attesting that a proposal for construction
meets all requirements of this chapter and other applicable requirements
relative to development and allowing such proposed construction to
commence.
The purchase, sale, offering for sale or other transaction
involving the handling or disposition of any article, service, substance
or commodity for livelihood or profit or the management or occupancy
of office buildings, offices, recreational or amusement enterprises
or the maintenance and use of buildings, offices, structures or premises
by professions and trades or persons rendering services.
A permanent roofed structure with supporting columns erected
to protect sales and display areas or gasoline-dispensing areas from
the weather, not including any canvas, plastic, fabric or similar
roofing material.
A structure to house or protect motor vehicles which is open
to the weather on at least 30% of the total area of its four sides.
The use of a site for washing and cleaning of passenger vehicles,
recreational vehicles, or other light-duty equipment, conducted in
an enclosed building.
The use of a site for washing and cleaning of passenger vehicles,
recreational vehicles, or other light-duty equipment, conducted in
a facility that has one or more open sides.
Property used or intended to be used for interring deceased
humans and/or domestic pets, including family plots, crematories,
mausoleums, and mortuaries, and that may include, as an accessory
use, the sale of burial items, such as caskets, monuments and urns,
if operated in connection with and within the boundaries of such cemetery,
also for which perpetual care and maintenance is provided.
The removal of a property or properties from one zoning classification
and the assignment of the property or properties to a second classification.
A business that, for compensation, engages, in whole or in
part, in the business of cashing checks, warrants, drafts, money orders,
or other commercial paper serving the same purpose. A check-cashing
facility does not include a chartered bank, savings association, credit
union, or industrial loan company, nor does it include a retailer
engaged primarily in selling consumer goods to retail buyers that
cash checks or money orders for minimum flat fees as a service that
is incidental to its main purpose of business.
A building, other than a single-family dwelling or two-family
dwelling, where a nonprofit organization conducts worship and/or religious
instruction on a regular basis, and that may include administrative
offices, social rooms, classrooms, day nurseries and other uses accessory
thereto related to its mission and outreach.
The governing legislative body of the City of Butler.
An establishment where several practitioners offer a range
of related services to human patients, including, but not limited
to, medical, dental, chiropractic, psychological and surgical diagnosis,
treatment and/or counseling provided under the care of practitioners
licensed by the commonwealth and their supporting staff, where said
patients are not provided with board or room or kept overnight on
the premises, and where no surgery other than minor medical or emergency
surgery is performed.
An incorporated or unincorporated association of persons
organized for a social, athletic, educational, literary or charitable
purpose. Property occupied by a "club" shall be deemed to be semiprivate
in character and shall be subject to City regulations governing public
buildings and places, excluding groups organized primarily to render
a service which is normally considered a business.
A mechanical, electronic or electrical machine which becomes
ready to play by one or several operators upon the insertion of a
coin, paper money, or any other payment method, and which depends
on the skill and competence of operators competing between themselves
or of an operator competing against the machine for a prize or recognition.
Each device shall be located so that a floor area of at least 15 square
feet is maintained free of obstruction in front of, and/or on either
side of, each device and, in addition, an aisle at least four feet
in width is provided leading from or through the area containing the
devices to the building exits.
Any structure designed for transmitting or receiving wireless
communications of video, voice, data or similar transmission, including,
but not limited to, omnidirectional or whip antennas, direction or
panel antennas and satellite or microwave dish antennas, which is
operated by any agency or corporation other than a public utility
regulated by the Public Utilities Commission (PUC) or any agency,
franchisee or authority of the municipality, Butler County or the
Commonwealth of Pennsylvania or by any police, fire, emergency medical
service or emergency management agency.
Any structure, whether freestanding or attached to a building,
that is operated by any agency or corporation other than a public
utility regulated by the Public Utilities Commission (PUC) or any
agency, franchisee or authority of the municipality, Butler County
or the Commonwealth of Pennsylvania or any police, fire, emergency
medical or emergency management agency, including monopole, self-supporting
and guyed towers designed to support multiple essential communications
antennas on one or more of the following types of mounts: rotatable
platform, fixed platform, multipoint or side-arm mounts and pipe mounts
for microwave dish antennas.
See "school, commercial."
An area of land owned by and maintained by an organization
for the benefit of those holding memberships in the organization;
also, an area of land or water, or a combination of land and water,
within a development site and designed and intended for the use or
enjoyment of residents of a development, not including streets, off-street
parking areas, and areas set aside for public facilities.
A statement required by the Pennsylvania Municipalities Planning
Code[3] to appear in a zoning ordinance, demonstrating that the
ordinance is based on a municipal comprehensive plan relative to land
use, population density and location of streets and utilities.
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roofline, containing no
openings except for windows and doors which are designed so that they
may be closed and any other small openings required for the ventilation
system.
A document based on study and analysis of a municipality,
projecting growth and change and recommending measures to cope with
such growth and change, such as creating or modifying a zoning ordinance
which is effective only if arising directly from such a plan.
A use permitted in one or more districts as defined by this chapter, but which, because of characteristics peculiar to it or because of size, technological processes or equipment or because of the exact location with reference to surroundings, streets, existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same district and to assure that such use shall not be harmful to the public interest. Conditional uses can be granted only following a recommendation by the Planning Commission and a public hearing and approval of the governing body of the municipality in strict compliance with standards expressly outlined for such uses, and pursuant to the provisions in Article VI of the Pennsylvania Municipalities Planning Code.[4] The governing body of the municipality may attach conditions
to the approval of a conditional use.
Ownership in common with others of a parcel of land and certain
parts of a building, together with individual ownership in fee of
a particular unit or apartment in such building. Each individual has
an absolute title to his/her apartment which he/she may sell, mortgage
or devise as he/she could with a single-family dwelling that he/she
owned.
An imaginary line connecting all points with the same elevation
above or below a fixed base point whose elevation is known.
A retail store primarily servicing customers in the immediate
area that offers a limited selection of grocery, household and personal
items for quick purchase and that may include a car wash or the dispensing
of gasoline.
The extent to which a permitted structure occupies its lot,
expressed most commonly as the percentage of the ground area occupied
by the structure to the total lot area.
An establishment containing a furnace designed to cremate
or reduce to ashes human or animal remains of the deceased.
An establishment primarily involved in the compiling, storage,
and maintenance of documents, records, and other types of information
in digital form.
The following day-care types are included in this chapter:
CHILD-CARE FACILITY (commercial business)A facility, operated in compliance with the regulations established by the commonwealth, located within a building or structure that is not a dwelling unit, for the care on a regular basis during part of a twenty-four-hour day of more than six children under 16 years of age.
FAMILY DAY-CARE HOME (home occupation)A facility, operated in compliance with the regulations established by the commonwealth, located within a dwelling, for the care on a regular basis during part of a twenty-four-hour day of one to four children under 16 years of age. This excludes care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes, and where persons who do not reside in the dwelling shall not be employed.
FAMILY DAY-CARE HOME (conditional use)A facility, operated in compliance with the regulations established by the commonwealth, located within a dwelling, for the care on a regular basis during part of a twenty-four-hour day of five to six children under 16 years of age. This excludes care provided to children who are relatives of the provider, where such use shall be secondary to the use of the dwelling for living purposes. This type of day care is subject to the conditional use process, which requires review by the Planning and Zoning Commission and a public hearing and approval by City Council. It is also subject to the specific development criteria listed in each zoning district, including but not limited to off-street parking for dropoff and pickup of children.
A business establishment that provides one or more of the
following services to customers who do not stay overnight on the premises:
massage therapy, facials, body wraps, tanning, steam or sauna baths,
herbal treatments, manicure, pedicure, nutritional counseling, yoga,
exercise, aromatherapy, reflexology and relaxation therapy.
A roofless outdoor space built as an aboveground platform
projecting from the wall of a building and which is connected by structural
supports at grade or by the building structure.
A measure of the intensity of the use of the land, usually
measured by the number of dwelling units per gross acre of land area,
exclusive of public streets, or by the number of units per multiple-family
dwelling, or by the number of units in a residential development option
plan.
Any land development that, because of its character, magnitude,
or location, will have a substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. A
traditional neighborhood development is relatively compact, limited
in size, and oriented toward pedestrian activity. It has an identifiable
center and a discernible edge. The center of the neighborhood is typically
in the form of a public park, commons, plaza, square or prominent
intersection of two or more major streets. Generally, there is a hierarchy
of streets laid out in a rectilinear or grid pattern of interconnecting
streets and blocks that provides multiple routes from origins to destinations
and is appropriately designed to serve the needs of pedestrians and
vehicles equally.
An area accurately defined as to boundaries and location
on an official zoning map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
The edge of a zoning district where it abuts another district
or a municipality boundary.
The storage of documents generated by business and government.
A building used as group living quarters for a student body
or religious order accessory to a school, convent, monastery or other
institutional use having a number of sleeping rooms, often with shared
occupancy and shared bathroom facilities.
A depression across the ground surface that collects water
runoff from surrounding land and carries it to a larger stream, or
an underground pipe serving the same purpose.
Any principal use or accessory use that involves a window,
service lane, bay or other facility where customers are provided services
either inside or outside their vehicles and where cars may or may
not wait in line to access these services. These include, but are
not limited to, drive-in or drive-through windows at fast-food restaurants,
banks, exterior automated teller machines (ATMs), quick-oil-change
facilities, car washes and similar automotive services, and other
such facilities.
A building designed exclusively for residential purposes,
including single-family, two-family and multiple-family dwellings,
on a permanent basis, but not including hotels or motel units.
Two or more separate buildings each containing one or more
dwelling units.
The following dwelling types are included in this chapter:
DWELLING, SINGLE-FAMILYA detached building designed exclusively for occupancy by one family and containing one dwelling unit surrounded by open space on the same lot. This includes mobile homes on a permanent foundation not located in a mobile home park and manufactured housing bearing the seal of the U.S. Department of Housing and Urban Development (HUD), but does not include mobile homes located in a mobile home park.
DWELLING, TWO-FAMILY or DUPLEXA detached building designed exclusively for occupancy by two families living independently of each other and containing two dwelling units.
DWELLING, MULTIPLE-FAMILYA building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units.
DWELLING, TRANSITIONALA dwelling unit occupied on a short-term basis by persons assigned by a court of law or a public/semipublic agency and managed by a public/semipublic or nonprofit agency, or a for-profit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time. This includes alcoholic recovery, shelters for battered persons and their children, community re-entry services following incarceration, adult or juvenile prison assignment or correctional treatment, house arrest, juvenile out-of-home placements or other court-ordered treatment and other such short-term supervised assignments, or those unable to care for themselves because of mental or physical handicaps.
A group of two or more connected rooms designed for or occupied
by one family only, and containing cooking and food storage facilities,
sleeping facilities, and, in a separate room, a toilet and tub or
shower, with hot and cold water supplied, all for the exclusive use
of the family occupying the dwelling unit. All rooms composing a "dwelling
unit" shall have access through an interior door, or interior doors,
to all other parts of the dwelling unit.
The act of altering the natural balance of an area of land,
thereby rendering it subject to erosion by wind and/or water typically
due to the removal of vegetative cover and/or topsoil, or changing
drainage patterns due to earthmoving activities, including filling,
without compensating rehabilitation of the disturbed and/or surrounding
area.
The rearrangement of the earth's surface by excavation and/or
filling to accommodate development.
A right-of-way granted across private property generally
for public utility lines or stormwater, or for access to other properties
beyond, passage over which is guaranteed by the grantor to those using
the easement.
See the definition of "apartment, efficiency."
A professional engineer licensed by the Commonwealth of Pennsylvania.
Predominantly spectator uses conducted within an enclosed
building, including motion-picture theaters, concert or music halls,
or sports. Facilities with a capacity of less than 300 are considered
small and those with a capacity of over 300 are considered large.
Lands which, because of their characteristics or locations,
are limited with regard to development activities.
Items or devices weighing more than 750 pounds.
Nonvehicular items weighing less than 750 pounds.
The removal of surface materials by water, wind, ice, gravity,
land disturbance, frost, or a combination thereof.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated, or disturbed, and any resulting conditions.
An individual or two or more persons related by blood, marriage
or adoption, or a group of not more than three persons who are not
so related, living together in a dwelling unit. Persons boarding or
lodging in a dwelling may only be permitted as provided in certain
zone districts by this chapter. Persons referred or placed by court
order, through foster placement or by a social service and under supervision
may occupy a dwelling unit only as provided by this chapter for transitional
dwellings. A "family" may include one foster-placed individual at
any time and a second foster-placed individual on an emergency need
for a period not to exceed 90 days.
An occasional or periodic market held in an open area or
in a structure where groups of individual sellers offer for sale to
the public such items as fresh produce, seasonal fruits and vegetables,
fresh flowers, arts and craft items, and food and beverages (but not
to include secondhand goods) dispensed from booths located on site.
A barrier restricting or preventing passage between areas
that it borders, but not retaining earth embankments.
Earth material excavated from elsewhere, deposited upon undisturbed
earth in the process of grading.
Acknowledgment by a municipality that all procedures required
prior to acceptance of a development proposal have been successfully
completed and that the municipality agrees to the carrying out of
the proposal as presented.
A normally dry land area adjacent to a stream channel or
channels that is susceptible to being inundated by overbank stream
flows. For regulatory purposes, the Flood Plain Management Act (Act
of October 4, 1978, P.L. 851, No. 166)[5] and regulations pursuant to the Act and delineated on
a map produced by FEMA shall dictate. The City of Butler Floodplain
Ordinance,[6] as amended from time to time, shall regulate construction
within designated floodplain areas.
The floor area of the building or buildings on a zoning lot
divided by the area of that zoning lot. A floor area of a building
or buildings is the sum of the gross horizontal area of the several
floors of all buildings on the lot, measured from the exterior faces
of exterior walls or from the center line of common walls separating
two buildings. Floor area shall include the area of basements when
used for residential or commercial or industrial purposes, but need
not include a basement or portion of a basement used for storage or
the housing of mechanical or central heating equipment or the basement
apartment of a custodian in a multifamily dwelling, except that portion
of the custodian's dwelling unit which is in excess of 50% of the
total basement floor area. In calculating floor area, the following
need not be included:
Attic space providing structural headroom of less than seven
feet six inches.
Uncovered exterior steps.
Terraces, breezeways and open porches.
Automobile parking space in a basement or private garage, but
not to exceed 600 square feet for a single-family dwelling, 800 square
feet for a two-family dwelling and 200 square feet per car space required
by the provisions of this chapter for any other use.
Accessory off-street loading berths, but not to exceed twice
the space required by the provisions of this chapter.
A manufacturing plant designed to process food products,
other than meat from live animals, for sale, which processing may
include the cooking, baking, freezing and packaging of such products.
A group of people, formally organized for a common interest,
which holds regular meetings at which dining, drinking, and entertainment
for the enjoyment of dues-paying members and guests may be provided,
and which has formal written membership requirements.
The distance between side property lines of any property,
measured along the right-of-way line of the street to which the property
has access.
A building used for the embalming of deceased human beings
for burial and/or for the display of the deceased and ceremonies connected
therewith before burial or cremation and the display and sale of caskets,
urns and other burial items as accessory uses.
An accessory building or an accessory portion of the principal
building, enclosed on not fewer than three sides, not being accessible
to the general public and designed or used for shelter or storage
of private vehicles and personal property of the occupants of the
principal building, but not intended to house an automotive repair
facility.
A building, other than a private garage, containing two or
more parking spaces accessible to the general public, used for the
storage or parking of motor vehicles or where such vehicles are kept
for remuneration, hire or sale, but not including the repair of vehicles
or the storage of dismantled or wrecked motor vehicles or junk, as
defined by this chapter.
A facility limited to retail sales to the public of gasoline,
motor oil, lubricants, motor fuels, travel aides, and minor automobile
accessories. In addition, the facility may provide minor vehicle servicing,
minor repairs and maintenance, including engine rebuilding (but not
reconditioning of motor vehicles), collision services such as body,
frame, or fender straightening and repair, or overall painting of
automobiles.
An establishment offering the retail sale of petroleum products
and which may include the sale of prepackaged food items and tangible
consumer goods, primarily for self-service by the consumer. Hot beverages,
fountain-type beverages, and pastries may be included in the food
items for sale.
City Council; also referred to as "municipal governing body."
The process of changing the natural surface of the land in
order to carry out a development plan.
Any supervised long-term group living arrangement licensed
by the commonwealth for any of the following:
Persons who do not meet the definition of "mentally or physically
handicapped" provided in the Fair Housing Amendments Act or the Americans
with Disabilities Act.
Persons who do meet the definition of "mentally or physically
handicapped" provided in the Fair Housing Amendments Act or the Americans
with Disabilities Act living in an institutional setting and not maintaining
a common household.
Persons who, whether handicapped or not, are criminal offenders,
juvenile offenders or delinquents or who have been found by any governmental
tribunal, court or agency to be a danger to society or who are under
the jurisdiction of the criminal justice system, a governmental bureau
of corrections or similar agency or institution.
A nonprofit or for-profit boarding home for the sheltered
care of up to eight persons with special needs in addition to food
and shelter and in need of supervision and rehabilitative services,
and which is licensed by the appropriate state and county agencies.
A commercial recreational enterprise or private club which
has as a principal use a gymnasium, swimming pool, tennis, racquet
or handball courts or exercise facilities, including locker rooms
and showers, and which may offer massages, whirlpool baths, steam
rooms, saunas and/or medical facilities as accessory uses to the principal
use and which may include the sale of food and beverages to patrons
when incidental to the principal use, but not including a restaurant
or bar.
An area designed for takeoff and landing non-fixed-wing aircraft.
A facility providing, without charge, single-night, temporary
lodging, with or without meals, for people with no ordinary or regular
home or residence address, such as a cold night shelter. Such shelters
shall not provide lodging on a regular basis and shall not continually
provide shelter for the same individuals. A temporary overnight shelter
shall be used only as an accessory use to a church or nonprofit agency
that has been established for a period of at least 12 consecutive
months and where specifically permitted in this Code and shall meet
the following requirements:
Any temporary overnight shelter for the homeless shall comply
fully with the requirements of applicable state, county, and city
codes, ordinances, and regulations; and
Any temporary overnight shelter for the homeless shall be contained
within the structure of, and operated by, a not-for-profit corporation
or charitable organization.
The establishment and maintenance of a business entirely
within a single-family dwelling or as a conditional use in other types
of residential buildings, utilizing not more than 1/2 of the area
of one floor, employing not more than one person not resident in the
dwelling, providing off-street parking at the rate of one space per
300 square feet of floor area used for the business or fraction thereof
and identifying the business by not more than one nameplate sign not
more than two square feet in area. The following business activities
may be permitted:
Personal services (including incidental retail sales) limited
to barber shop, beauty shop, dressmaking and alterations, tailor,
insurance sales, real estate sales, photo or artist's studio, notaries
public, individual musical instruments, voice instructions and tutoring
or similar uses.
Professional services, limited to those practicing individually
as doctors, chiropractors, osteopaths, attorneys, engineers, surveyors,
architects, ministers of religion, public accountants or similar uses.
Door-to-door salesmen or manufacturer's representatives who
conduct their business by phone or from their cars, but not including
large stocks of merchandise for sale stored on the premises.
Business of individuals confined by permanent disability to
their homes.
If the home occupation is proposed for a rented dwelling, the
renter shall obtain written permission from the dwelling owner to
open the home occupation before an occupancy permit may be issued
by the Zoning and Code Management Officer.
An institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients,
licensed by state law to provide facilities and services in surgery,
obstetrics and general medical practice, including facilities for
care and treatment of mental and nervous disorders and alcoholics.
A building or premises for the medical or surgical treatment
of animals or pets, including dog, cat and veterinary hospitals, including
the boarding of hospitalized animals and the boarding of animals not
subject to medical or surgical treatment.
A building or portion thereof designed or used for transient
rental to six or more guests, where lodging with or without meals
is provided for compensation. A central dining room, banquet meeting
halls, and a kitchen, plus accessory shops and services catering to
the general public, may be provided.
A charge or fee imposed by a municipality on new development
in order to generate revenue for funding the costs of transportation
improvements necessitated by, and attributable to, that new development.
Sale at retail price of goods produced in a manufacturing
plant on the same premises.
A residential facility designed to provide housing for elderly
and handicapped persons who are independently mobile and not in need
of supervision. The facility includes certain design features associated
with the needs of the elderly or handicapped, not customary in the
construction of conventional dwelling units, such as emergency call
systems, handicapped facilities, common dining facilities, common
laundry facilities, minimal housekeeping, common leisure and recreational
facilities, transportation services and similar supporting services
for the convenience of the residents.
An enterprise operated for profit in a completely enclosed
building that offers amusement or entertainment to the general public,
including, but not limited to, a movie theater (other than an adult
motion-picture theater or adult mini motion-picture theater), a live
theater (other than an adult live theater), arcade, dance hall, billiards
parlor, game room or similar uses.
See "modular home/industrial home."
Establishments engaged in manufacturing, assembly, fabrication,
packaging or other industrial processing of products primarily from
raw materials, or the bulk storage and handling of such products and
materials, or an industrial establishment having potential to produce
noise, dust, glare, odors, or vibration beyond its property line.
This includes, but is not limited to, specialized operations that
require good transportation access and facilities (possibly including
rail), significant electric and gas service, high-speed fiber, public
services such as transit, significant parking facilities, and other
facilities and services not conducive to residential or commercial
areas.
Establishments engaged in the indoor manufacturing, assembly,
fabrication, packaging, or other industrial processing of finished
products or parts, primarily from previously prepared materials, or
the indoor provision of industrial services, where there are few external
effects across property lines. This includes, but is not limited to,
businesses engaged in the processing, fabrication, assembly, treatment,
or packaging of food, textiles, leather, wood, paper, chemical, plastic,
or metal products, but does not include basic industrial processing
from raw materials. It can also include uses such as wholesale activities
and mini-warehouses.
Consumer sales promotions that involve the use of computer-generated games following the purchase of a game card which entitles the purchaser to a phone card or a set amount of network access time (NAT). If the purchaser chooses, he or she can use the game cards to play online Vegas-style computer games. In playing these games, the purchaser can win more Internet time and points that have no cash value (both of which are predetermined at the time the game card is purchased) but give them chances in sweepstakes where they can win money and/or prizes. Unless specifically used, the NAT or phone minutes never decrease while the purchaser plays the computer-generated games. These "cafes" are for adult use and entertainment only. See also the adult-oriented businesses definitions in § 260-79M(3).
Any rubbish or scrap material, including all paper cartons,
boxes, barrels, wood, excelsior, bedding, rags, sacks, cans, metal,
glass, crockery, mineral refuse, ashes and any similar substances,
scrapped or used appliances, fixtures, automobile parts, machinery
and machinery parts or other similar material or any other form of
discarded, unused or unusable materials, including building materials.
Any person or enterprise having a fixed place of business
in the municipality and engaged in conducting, managing or carrying
on the business, either wholesale or retail, of buying, selling, salvaging,
recycling or otherwise dealing in junk, as defined by this Zoning
chapter.
Any premises devoted wholly or in part to the storage, buying
or selling, salvaging, recycling or otherwise handling or dealing
in junk, as defined by this chapter.
A structure and/or premises where, at any one time, four
or more dogs, or four or more cats, or four or more birds or four
or more other domesticated animals over six months of age are housed,
groomed, nurtured, kept, bred, trained, boarded, and/or sold for a
profit or not. Exotic animals are not permitted in a commercial kennel.
A structure and/or premises where, at any one time, fewer
than four dogs, or four cats, or four birds, or four other domesticated
animals which are less than six months old are housed, groomed, nurtured,
kept, bred, trained, and/or boarded, but are not sold for profit.
Exotic animals are not permitted in a private kennel.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure, including any change of use or structural alteration which
results in additional lot coverage by structures and/or paving, as
regulated by the municipality's ordinance entitled "Subdivision and
Land Development."
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the PA MPC.[7]
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); or a lessee if he/she
is authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
A space accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
merchandise or materials.
An owner-occupied single-family dwelling where, for compensation
and by prearrangement for definite periods of time, lodging is provided
for more than two but fewer than six persons. No meals are provided.
"Lodging houses" shall not be construed to mean rest homes or convalescent
homes.
A parcel, tract, or area of land established by a plat or
otherwise as permitted by law and to be used, developed or built upon
as a unit in accordance with the requirements of this chapter.
The total horizontal area included within lot lines.
A lot at the junction of and abutting on two or more intersecting
streets or alleys.
The average horizontal distance between the front and rear
lot lines, measured in the general direction of the side lot lines.
A lot which abuts other lots on each side.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or other public space.
That lot line that is contiguous with the street right-of-way
line.
The lot line which is generally opposite the front lot line;
if the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line not less than 10 feet long, lying
wholly within the lot and farthest from the front lot line.
The change, rearrangement, or removal of a lot line. Refer
to the County's Subdivision and Land Development Ordinance (SALDO).
Any lot line which is not a front lot line or rear lot line.
A lot described in a deed, or shown on a plan of lots, which
has been recorded in the office of the Recorder of Deeds of Butler
County, Pennsylvania.
The average horizontal distance between the side lot lines.
A portion of a loading area set aside so that trucks may
enter and leave the area moving in a forward direction.
See "mobile home/manufactured home."
A fixed shelter used only as a roof and extending beyond
a building line, a building wall or a street lot line, and which is
supported by the building to which it is attached or which is freestanding.
An establishment other than one operated by a medical practitioner,
chiropractor or professional physical therapist licensed by the commonwealth
that provides the services of massage and body manipulation, including
exercises, heat and light treatments of the body, and all forms and
methods of physiotherapy, but not including an athletic club, health
club, school, gymnasium, reducing salon, spa or similar establishment
where massage or similar manipulation of the human body is offered
as an incidental or accessory service.
An organization established for the mutual benefit of its
members, income of which is used for the operation of the club or
for charitable purposes and whose premises contain no residential
accommodations except for a caretaker or manager and his/her family,
and which is qualified under Section 501(c) of the Internal Revenue
Code.
A facility licensed by the Pennsylvania Department of Health
to use the drug methadone in the treatment, maintenance or detoxification
of persons. These clinics/centers are subject to the regulations in
Section 621 of the Pennsylvania Municipalities Planning Code,[8] as well as local codes and regulations.
An establishment where beer, ale, etc., are brewed, typically
in conjunction with a bar, tavern, or restaurant use. The maximum
brewing capacity shall not exceed 20,000 gallons per year.
A building, group of buildings, or property with controlled
access that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
A building with one or more dwelling units in the same building
with one or more commercial or office uses.
A development that provides for a mixture of land uses possibly
including, but not limited to, single-family and multi-family residential,
commercial, medical and institutional services, office, recreational,
green space, and light industrial.
A structure transportable in one or more sections which is
built on a permanent chassis and designed to be used as a dwelling,
with or without a permanent foundation, and which is certified by
HUD.
A structure which is primarily designed for residential use
and is wholly or mostly made, constructed, fabricated or assembled
in manufacturing facilities. These structures are then shipped to
the home site for assembly and installation. The term "modular home"
does not include a structure or building classified as an institutional
building or manufactured home.
A group of attached or detached buildings containing individual
sleeping units where the units may open individually and directly
to the outside and where a garage is attached to or a parking space
is conveniently located to each unit, all for the temporary use by
automobile tourists or transients, and such word shall include tourist
courts, motor courts, automobile courts and motor lodges.
See "Pennsylvania Municipalities Planning Code."
A restaurant or portion thereof or any other establishment
serving food and drink, whether or not the consumption of alcoholic
beverages is permitted or allowed on the premises, that has a seating
capacity of 100 patrons or more and that offers entertainment, either
live or recorded, and that is characterized by low light levels and
closely placed tables around a stage, bandstand or dance floor.
A property that is too small in area and/or dimension to
satisfy the minimum bulk and dimensional requirements of this chapter
or subsequent amendments to it based on the property's location in
a particular zone district, provided that such lot was a legal property
prior to the enactment of zoning.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the time of the enactment of such ordinance or amendment
or prior to the time of the application of such ordinance or amendment
to its location by reason of annexation.
Any person(s), partnership, association, corporation or other
group whose activities are conducted for unselfish, civic or humanitarian
motives, or for the benefit of others, and not for the gain of any
private individual or group, including, but not limited to, patriotic,
philanthropic, social service, welfare, benevolent, educational, civic,
fraternal, cultural, charitable, scientific, historical, athletic
or medical activities, and which is qualified under Section 501(c)
of the Internal Revenue Code.
An institution licensed by the commonwealth for the long-term,
inpatient, overnight care of human patients requiring skilled nursing
or intermediate nursing care, but not including surgical procedures
or care and treatment of drug or alcohol addiction.
A certificate issued by the Zoning and Code Management Officer
attesting to the fact that all requirements of this chapter and other
applicable regulations and municipal ordinances have been met and
that the building for which the permit applies may be occupied by
its owners. All new businesses, relocated businesses, home occupations
and businesses which have undergone a change in ownership shall be
required to obtain an occupancy permit for zoning compliance.
A building designed and/or used primarily for office purposes.
BUSINESS OFFICEA room or suite of rooms within which are conducted specific services to individual or corporate customers, normally on a contractual basis and not involving the retail sales of merchandise on the premises or the encouragement of casual walk-in traffic from the street.
PROFESSIONAL OFFICEA room or rooms for the carrying on of a profession.
An area set aside on a lot for parking of cars entirely outside
a public street.
A sign of any kind or character whatsoever placed for outdoor
advertising purposes.
Any lot, parcel or yard used in whole or in part for the
storage of two or more vehicles where such usage is not incidental
to, or in conjunction with, a one- or two-family dwelling; or a portion
of a lot designated for the parking of motor vehicles in accordance
with the requirements of this chapter.
A parking area located in a multilevel structure which is
the principal use on the lot and which may be operated by either a
public agency or private entity, whether for profit or not, and which
is available for use by the general public, usually for a fee.
The arrangement and marking of stalls to contain individual
cars, and access lanes abutting the stalls and connecting to the abutting
public street(s), as required by this chapter.
A parking area on the surface of the ground that is the principal
use on the lot that may be owned and/or operated by either a public
agency or private entity, whether for profit or not, and that is available
for use by the general public for the transient storage of automobiles
or motor-driven vehicles. Such parking services may be provided as
a free service or for a fee.
A parking area which is an accessory use to a facility on
the same lot.
The number of necessary off-street parking spaces to serve
a specific use, generally on the same property as the use. The number
of spaces required shall be in accordance with this chapter.
A space within a building, lot or parking lot for the temporary
parking or storage of one motor vehicle.
An open area of ground set aside for public use with recreational
facilities, playgrounds and structures, or left in a natural state,
owned by the municipality, a municipal authority, or otherwise dedicated
to public use, or owned and operated by a nonprofit association for
the benefit of the public or the residents of the municipality.
An establishment that engages, in whole or in part, in the
business of loaning money on the security of pledges of personal property,
or deposits or conditional sales of personal property, or the purchase
or sale of personal property.
The enabling legislation of the commonwealth regulating the
right of municipalities to adopt zoning ordinances.[10]
A guarantee, backed by moneys held in escrow, that a contractor
will complete an improvement in accordance with specifications established
by the municipality.
An activity which is expressly allowed to occur on a property
because of the property's location in a particular zoning district.
A facility (nonprofit or for-profit), licensed by the commonwealth
and located within a dwelling or facility, where room and board are
provided to more than three permanent residents who are not relatives
of the operator. These residents are mobile or semimobile and require
specialized services in such matters as bathing, dressing, diet and
medication prescribed for self-administration for a period exceeding
24 consecutive hours, and/or counseling and transportation services,
but are not in need of hospitalization or skilled nursing care or
intermediate nursing care. For the purposes of this chapter, "personal
care home" or "boarding home" shall include assisted-living facilities.
Any enterprise primarily engaged in providing services to
a person, his/her apparel or personal effects commonly carried on
or about his/her person, including, but not limited to, shoe repair,
tailoring, clothes cleaning, watch repair, beauty shops, barbershops,
tanning salons, piercing, tattooing, day spas, practitioners of the
healing arts and the like.
The Planning and Zoning Commission of the City of Butler.
The map or plan of a subdivision or land development, whether
preliminary or final.
A plan of a lot, drawn to scale, showing the actual lot measurements,
the size and location of all existing structures and structures to
be erected, dimensions from the structures to the property lines,
the location of the lot in relation to abutting streets, and other
such information as required.
A roofed, open structure projecting from the side, front
or rear wall of a building. For the purpose of this chapter, a porch
is considered a part of the principal building.
The placement of a notice upon a signboard on a property
calling public attention to proposed changes in the zoning status
of the property, or a request for a variance, indicating the date,
time and place of the hearing at which such matter will be heard.
An establishment that offers private educational services
to children who are under the minimum required age for education in
public schools.
The building or structure in which the principal use of the
lot on which it is located is conducted.
The primary or predominant use to which the property is or
may be devoted and to which all other uses on the premises are accessory
or secondary, which is expressly allowed by this chapter because of
the property's location in a certain zoning district.
Any governmental (whether federal, state, county or local),
quasi-governmental, or private institution or facility engaged in
the act of confining, housing or holding inmates accused or convicted
of criminal activity, assigned and/or committed by any court and who
are housed, held or confined in lawful custody, including, but not
limited to, the detention, treatment, rehabilitation or execution
of offenders through a program involving penal custody, parole and
probation.
Owned, operated or controlled by an individual, group of
individuals, association or corporation.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
A tract of contiguous land surface, all sections of which
are in the same ownership, surrounded by a boundary that closes on
itself.
All or a part of the boundary describing the limits of a
property.
Owned, operated or controlled by a government agency, federal,
state, county or local.
Any structure owned and operated by a public body or agency,
or any public utility agency, which disperses general service to the
public, including road maintenance garages and utility substations.
An official meeting called by a municipal governing body
or a body delegated to call such a hearing, duly announced in local
newspapers, for the purpose of taking testimony or information from
all parties having an interest in a matter of concern to the municipality,
as a basis for the governing body to make a decision.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act,"[11] as now or hereafter amended.
Notice published once each week for two successive weeks
in a newspaper of general circulation in this municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at that hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A private business organization performing some public service
and subject to special governmental regulations, the services of which
are paid for directly by the recipient thereof. Such services shall
include, but are not limited to, water supply, sewerage, electric
power, gas and transportation for persons and freight.
The refreshment of body and mind through forms of play, amusement,
or relaxation. The recreational experience may be active, such as
boating, fishing, ballgames, and swimming, or may be passive, such
as enjoying the natural beauty of the environment or its wildlife.
Types of recreation include:
RECREATION, ACTIVEIndoor or outdoor leisure-time pursuits that draw spectators and participants at a common time, where individuals, groups of individuals or teams use special equipment and/or a prescribed site, field or facility, for the activity. This includes, but is not limited to, soccer, football, baseball and softball fields; basketball, tennis, handball or racquetball courts; swimming pools, community centers, motor cross or dirt bike trails, paintball facilities, arenas, amusement parks, water parks, race tracks, betting parlors, ski resorts, campgrounds, fairs, truck and tractor pulls, off-road vehicle courses and trails, amphitheaters and similar uses that have significant environmental, noise, traffic or lighting impacts on surrounding properties. (This definition excludes boarding stables, golf courses or country clubs, health clubs, indoor entertainment, private stables, and riding academies, which are separately defined and regulated by this chapter.)
RECREATION, PASSIVEOutdoor recreational activities that generally do not require a developed site. This includes activities such as bridle trails, trails with exercise stations, Nordic ski trails, hiking, nonmotorized biking, walking, fishing, picnicking, children's playgrounds, table games, observation areas, bird watching, botanical gardens, historical or archaeological sites, scenic areas, nature preserves and similar facilities for relaxing in a natural environment. Passive activities have low impact, are low trip generators, and have low potential for nuisance to adjacent properties.
An area operated for profit and devoted to facilities and
equipment for recreational purposes, including swimming pools, tennis
courts, playgrounds and other similar uses, whether the use of such
area is limited to private membership or whether open to the public,
upon the payment of a fee or service charge.
An area devoted to facilities and equipment for recreational
purposes, including swimming pools, tennis courts, playgrounds and
other similar uses, open to the public and not operated for a profit.
The business or establishment operating a facility for the
pursuit of sports and similar recreational activities.
The reconsideration after a specified time period by a municipal
governing or appointed body of a grievance previously decided not
in favor of the person bringing the original appeal but requested
by him/her for review because of changed circumstances or new information
affecting the original appeal.
Any building or property owned by a church or other nonprofit
organization devoted to a religious purpose, which may include one
or more of the following activities: youth or adult camp, retreat,
revival center, biblical walk, memorial site and other similar one-time,
periodic, year-round or seasonal activities, whether or not these
activities are conducted on the site of a church, as defined herein.
The removing from force or effect of a section of an ordinance
or an entire ordinance previously passed by a municipal governing
body but subsequently rescinded by official action of the body.
See "parking, required."
A structure or complex of structures designed or used primarily
for research development functions related to industry and similar
fields of endeavor.
Any facility licensed by the state, public or private, for
gain or otherwise, that regularly provides one or more persons with
twenty-four-hour substitute care, food, lodging, training, education,
supervision, rehabilitation, and/or treatment that cannot be furnished
in the person's home. These include: foster homes, halfway houses,
residential treatment centers, maternity shelters, group homes, handicapped
children's homes, residential programs, etc.
An establishment that offers food and beverages for sale
and consumption either on, or on and off, the premises as the principal
use and that may serve alcoholic beverages for consumption on the
premises as an accessory use.
See "nursing home, rest home, convalescent home, guest home
or home for the elderly."
The sale on the premises of commodities and/or services directly
to consumers, and may include the storage or warehousing of materials
incidental to the retail sales on the premises, but does not include
the manufacturing or processing of any products.
A place of residence for several families or individuals
in apartment-like quarters, rented or condominium, which may feature
services to retired persons such as limited nursing facilities, minimum-maintenance
living accommodations and recreation programs and facilities.
A strip of land which has been dedicated by the municipality
for public use and which provides access to private property abutting
it, connecting with other rights-of-way to form a vehicular and pedestrian
circulation pattern in the municipality. A right-of-way is also an
easement across private property for the passage of public utilities
or the disposal of stormwater.
The surface water discharge or rate of discharge of a given
watershed after a rainfall or snowfall that does not enter the soil
but runs off the surface of the land.
A public or private institution of learning which is registered
with or accredited by a recognized regulatory agency.
A building where instruction is given to pupils in arts,
crafts, trades or professions and operated as a commercial enterprise
distinguished from schools supported by taxation.
An institution of learning which offers instruction in the
several branches of learning required by the state.
The process by which mineral or organic matter is assimilated
or deposited by moving wind, water, or gravity. Once the matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
See "mini-warehouse or self-storage facility."
Any establishment whose primary activity is the provision
of assistance, as opposed to products, to individuals, businesses,
industry, government, other enterprises, or domestic pets.
An occupancy which provides for:
The servicing of motor vehicles and operations incidental thereto,
limited to the retail sale of petroleum products and automotive accessories,
automobile washing by hand, waxing and polishing of automobiles, tire
changing and repairing, excluding recapping, battery service, charging
and replacement, excluding repair and rebuilding, radiator cleaning
and flushing, excluding steam cleaning, and repair and installation
of accessories.
The following operations, if conducted within a building: lubrication
of motor vehicles, brake servicing, limited to servicing and replacement
of brake cylinders, lines and brake shoes, wheel balancing, the testing,
adjustment and replacement or servicing of carburetors, coils, condensers,
distributor caps, fan belts, filters, generators, points, rotors,
spark plugs, voltage regulators, water and fuel pumps, water hoses
and wiring.
A line established by this chapter within a lot which determines
the minimum horizontal distance measured at grade from a street lot
line equal to the front yard depth or minimum distance to street lot
line that a building, other structure or portion thereof, except as
otherwise provided herein, may be located.
A small, portable (nonpermanent) accessory structure used
to store household goods, tools and equipment. A shed may not be used
as a dwelling. To be considered a shed, the structure may not exceed
144 square feet in area, may not exceed 12.5 feet in height (including
roof peaks) and shall be limited to one floor.
A name, identification, description, display or illustration
which is affixed to or represented directly or indirectly upon a building,
structure or piece of land. However, the above definition of a sign
shall not prohibit the display of any official court or public office
notices, nor any official or municipal traffic control or parking
sign or device, nor shall it include the flag, emblem or insignia
of a nation, state, county, municipality, school or religious group.
"Sign" does not mean a sign located completely within an enclosed
building. Each display surface of a sign shall be considered to be
a sign.
SIGN, BUSINESSA sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, DIRECTIONALA sign which is limited to providing directions necessary or convenient for visitors or clients coming onto a premises, including signs marking entrances and exits, parking areas, loading zones, or circulation direction.
SIGN, ELECTRONIC MESSAGE BOARDA sign whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments.
SIGN, FREESTANDINGA sign which has its own structure for support of its entire weight and any other stresses on it.
SIGN IN THE PUBLIC INTERESTA sign which communicates a message of a nonprofit organization that has public appeal.
SIGN, PROJECTINGA display sign which is attached directly to the building wall and which extends more than 15 inches from the face of the wall.
SIGN, GROSS SURFACE AREA OFThe entire area within a single continuous perimeter enclosing the extreme limits of such and in no case passing through or between any adjacent elements of the sign. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
A land surface, not necessarily a complete property and possibly
several properties, developed or proposed for a specific use.
A plan drawn to scale, depicting the development of a tract
of land, including but not limited to the location and relationship
of the structures, streets, driveways, recreation areas, parking areas,
utilities, landscaping, rights-of-way, erosion and sedimentation control,
existing and proposed grading, walkways, and other site development
information as related to a proposed development.
One-person-occupancy rooms for sleeping that are rented on a weekly or monthly basis, which provide common cooking facilities for meals, common bathroom facilities, and common laundry facilities. Each room for sleeping is limited to one person. Sleeping rooms must comply with the Pennsylvania Uniform Construction Code (PA UCC) and § 260-118A of this chapter.
The granting by the Zoning Hearing Board of specific uses
which this chapter authorizes under specific conditions.
Natural or mechanical treatments of a mass of soil or ground
area to increase or maintain its stability or otherwise improve its
engineering properties and resistance to erosion.
A structure or land use in or on which equines are kept for
sale or hire to the public. Breeding, boarding, and/or training of
equines may also be conducted. Instruction in riding, jumping, and
showing may be offered.
The keeping of horses for personal use only on a lot which
does not meet the minimum acreage requirements for a farm, not involving
any profit-making activity such as boarding, riding instruction or
training of horses owned by persons other than residents of the lot.
A minimum of five acres is required.
A transcription of the testimony taken at a public hearing,
recorded by a professional stenographer at that hearing.
A public or private thoroughfare which affords primary vehicular
access to abutting properties. The word "street" shall include the
words "road," "avenue," "highway," "parkway" and other terms commonly
applied to public or private thoroughfares, but shall not include
the word "alley." Types of streets include:
STREET, ARTERIALA public street which serves large volumes of high-speed and long-distance traffic, and includes facilities classified as main or secondary highways by PennDOT. The governing body of the municipality shall establish, from time to time, a list of arterial streets by resolution. The list of arterial streets shall be available to the public in the municipality's Zoning Office.
STREET, COLLECTORA public street that, in addition to giving access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic from minor streets to community facilities and a major system of arterial streets, including principal entrance streets of a residential development and streets for major circulation within such developments. The governing body of the municipality shall establish, from time to time, a list of collector streets by resolution. The list of collector streets shall be available to the public in the municipality's Zoning Office.
See "frontage."
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, including buildings and walls
or fences exceeding four feet in height and display signs.
The use of a premises by a teacher of music or dancing where
students are taught arts for a fee, and where more than one student
may be taught arts for a fee, and where more than one student may
be taught in a class at one time. This term is synonymous with "dancing
school" and other similar expressions.
The division of an area of land, by any means, into two or
more lots, tracts, parcels or other division of land, including changes
to existing lot lines, for the purpose, whether immediate or future,
of lease, partition by the court for distribution to heirs or devisees,
transfer of ownership, or building or lot development.
The arrangement of the division of an area of land into two
or more lots for the purpose of immediate or future sale or lease,
as regulated by the municipality and county subdivision regulations.
SUBSTANCE ABUSE TREATMENT FACILITY, INPATIENTA facility for the purposes of temporary or long-term inpatient treatment of victims of alcohol or drug use or addiction.
SUBSTANCE ABUSE TREATMENT FACILITY, OUTPATIENTStructures and land used for the treatment of alcohol or other drug abuse where neither meals nor lodging is provided.
Any addition to an ordinance either to amplify existing requirements
or to add additional controls, requiring the same procedures as for
amendment.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas. As herein
defined, the term "swimming pool" shall be deemed to be a structure.
See "bar or tavern."
Acknowledgment by a municipality that all preliminary aspects
of a proposal for development have been successfully completed and
that the developer may proceed into final planning, but in no way
permitting the developer to commence construction.
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical or other live performances.
A property that abuts two streets that are parallel or approximately
parallel to one another and occupies the land between them.
A dwelling unit, within a group of at least three similar
units fronting on a public street, attached to adjacent units at a
common party wall and having direct access to the outside at ground
level, and with open space on at least two sides.
The attaching of development rights to specified lands which
are desired by a municipality to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more
intensive development is deemed to be appropriate.
See "dwelling types," Subsection D, "dwelling, transitional."
Ground surface which has not been altered in connection with
grading for construction or previously altered for a period of at
least two years prior to such grading.
The purpose for which land or a building is arranged, designed,
or intended, or for which land or a building is or may be occupied
or maintained.
The Zoning Hearing Board's authorized departure to a minor degree from the terms of this chapter in direct regard to hardship peculiar to an individual lot in accordance with the procedures set forth in Articles VI and IX of the Pennsylvania Municipalities Planning Code[12] and this chapter. A variance shall not be interpreted
to include appeals or requests that would require rezoning or amendment
as otherwise provided under the provisions of this chapter.
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with either perennial
or intermittent flow.
Those areas that are inundated or saturated by surface water
or groundwater, as deemed by the Pennsylvania Department of Environmental
Protection (DEP), at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
An establishment engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, or acting as a broker
for such merchandise sales.
Any device, including, but not limited to, a wind charger,
wind turbine or windmill, that is designed to convert wind power into
another form of energy such as electricity or heat.
COMMUNICATION ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. The definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including without limitation, ham or citizen band radio antennas.
COMMUNICATION EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas.
COMMUNICATION TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communication antennas.
HEIGHT OF COMMUNICATION TOWERThe vertical distance measured from the ground level to the highest point on a communication tower, including antennas mounted on the tower.
PUBLIC UTILITY TRANSMISSION TOWERA structure, owned and operated by a public utility or electric company regulated by the PA Public Utility Commission, designed and used to support overhead electricity transmission lines.
An open space, as may be required by this chapter, of minimum
width or depth on the same lot with a building or a group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward except as herein permitted.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, REARAn open space extending the full width of the lot, between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
A common lot line on which a wall of a structure may be constructed;
the location of a building on a lot in such a manner that one or more
of the building's sides rests directly on a lot line and complies
with all applicable building codes.
The officer, person or department designated by Council with
responsibility for administering and enforcing this chapter.
The combination of controls, requirements and uses that are
permitted by right or condition, and the constraints on development
that define the activities that may occur in a zoning district and
apply uniformly throughout a zoning district.
An area accurately defined as to boundaries and location
on an official zoning map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
The perimeter line completely enclosing a zoning district.
The City of Butler Zoning Hearing Board, Butler County, Pennsylvania,
as duly established pursuant to this chapter, which is appointed by
the governing body of the municipality to examine appeals for relief
from strict conformance to this chapter, and to hear testimony regarding
the validity of any regulations upon development in the municipality
or regarding challenges to the decisions of the Zoning Officer.
The official map delineating the boundaries and title of
each of the zoning districts of the City of Butler, Butler County,
Pennsylvania, together with all amendments subsequently adopted, which
is incorporated in and made a part of this chapter. The official Zoning
Map is on file in the office of the City's Zoning Officer.[13]
A document issued by the Zoning Officer indicating that a
proposed use or structure will comply with all applicable requirements
of this chapter and authorizing the applicant to proceed to erect
the structure. Zoning permits are required for all uses or structures
that do not require a building permit, which include but are not limited
to: porches and decks, sheds, fences, swimming pools, green houses,
carports, and garages (less that 1,000 square feet or per the Pennsylvania
Uniform Construction Code (PA UCC). Zoning permits are valid for a
period of six months.
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
[2]
Editor's Note: See 75 Pa. C.S.A. § 101 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 53 P.S. § 10601 et seq.
[5]
Editor's Note: See 32 P.S. § 679.101 et seq.
[6]
Editor's Note: See Art. XIV, Floodplain Districts and Regulations.
[7]
Editor's Note: See 53 P.S. § 10503(1.1).
[8]
Editor's Note: See 53 P.S. § 10621.
[9]
Editor's Note: See 53 P.S. § 10301 et seq. and 53
P.S. § 11101 et seq., respectively.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: See 65 P.S. § 701 et seq.
[12]
Editor's Note: See 53 P.S. § 10601 et seq. and 53
P.S. § 10901 et seq., respectively.
[13]
Editor's Note: The Zoning Map is also included as an attachment
to this chapter.
